HomeMy WebLinkAboutCC 2016-06-09 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, June 9, 2016
9:00 AM
Regular Meeting
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner District One
Frank Carollo, Commissioner District Three
Francis Suarez, Commissioner District Four
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes June 9, 2016
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM -APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PA - PERSONAL APPEARANCES
PH - PUBLIC HEARINGS
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
AC - ATTORNEY -CLIENT SESSIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEM(S)
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
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City Commission
Meeting Minutes June 9, 2016
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez
and Chair Hardemon
On the 9th day ofJune 2016, the City Commission of the City of Miami, Florida, met at its
regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular
session. The Commission Meeting was called to order by Chair Hardemon at 9:00 a.m.,
recessed at 9:03 a.m., reconvened at 9:05 a.m., recessed at 12: 09 p.m., reconvened at 3: 00 p.m.,
recessed at 3:01 p.m., reconvened at 4:18 p.m., recessed at 4:20 p.m., reconvened at 5:46 p.m.,
recessed at 5:48 p.m., reconvened at 7:21 p.m., recessed at 9:05 p.m., reconvened at 9:16 p.m.,
and adjourned at 10:40 p.m.
Note for the Record: Commissioner Gort entered the Commission chambers at 9:03 a.m., Vice
Chair Russell entered the Commission chambers at 9:06 a.m., Commissioner Carollo entered the
Commission chambers at 9:21 a.m., and Commissioner Suarez entered the Commission
chambers at 9:26 a.m.
ALSO PRESENT:
Victoria Mendez, City Attorney
Daniel J. Alfonso, City Manager
Todd B. Hannon, City Clerk
Chair Hardemon: (INAUDIBLE) 2016 meeting of the City of Miami City Commission in these
historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo,
Francis Suarez; the Vice Chairman, Ken Russell; and me, Keon Hardemon, the Chairman. Also
on the dais are Daniel J. Alfonso, the City Manager; Victoria Mendez, the City Attorney; and
Todd Hannon, the City Clerk. The meeting will be opened with a prayer and the pledge of
allegiance. All rise.
Invocation and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1
16-00792
PRESENTATION
Honoree Presenter Protocol Item
Carmen Mendez-Mackesy Mayor & Certificate of
Comm. Gort Appreciation
16-00792 Protocol Item.pdf
PRESENTED
Mayor Regalado and Commissioner Gort presented a Certificate of Appreciation to Carmen
Mendez-Mackesy of Southern Blossoms for participating in this year's City of Miami Arbor Day.
Gratitude was expressed for her commitment to elevate the quality of life in Miami, a truly
magical city that owes it wonderfully unique character and vitality to the generosity and
allegiance of individuals such as Ms. Mendez-Mackesy.
Chair Hardemon: And now we will make our proclamations and presentations. One second. Is
he here? The meeting will be in recess until we establish either quorum or the person that is
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required to be here for the proclamations is here.
A recess was taken; after which, presentations were made.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Suarez, seconded by Commissioner Gort, to APPROVE PASSED
by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
MAYORAL VETOES
Chair Hardemon: Move forward to our approval of the meeting minutes from April 28, 2016. Is
there a motion to approve the meeting minutes?
Vice Chair Russell: Move.
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded. Is there any unreadiness? Hearing
none, motion passes.
END OF APPROVING MINUTES
Chair Hardemon: Mr. City Clerk, are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Yes, sir. There's one mayoral veto involving Ordinance 13610,
which was passed at the May 26, 2016 Miami City Commission meeting.
Chair Hardemon: All right. Commissioners, because there is a mayoral veto, we have two
options: We can either veto -- I'm sorry -- we can override that veto; or we can take no action, in
which the mayoral veto will stand. It takes four -fifths of a vote to -- of the members present --
actually vote to override that veto. So at this time, is there any discussion about the item, which
is Ordinance 13610? You're recognized.
Vice Chair Russell: Thank you, Mr. Chair. Good morning, Mr. Mayor.
Mayor Tomas Regalado: Good morning.
Vice Chair Russell: This is regarding the term limits waivers on boards; is that correct? I --
Mayor Regalado: Yes, sir.
Mr. Hannon: Yes, sir; that is correct, Vice Chair.
Vice Chair Russell: Thank you. Yeah, we've been talking about this for a few months, and we
did come to a unanimous vote that we would limit term limit waivers to one time, rather than
being able to continue to extend term limit waivers. They only last for one year, each extension,
but my legislation would have limited our ability to continue to extend and extend those waivers.
And I understand, Mr. Mayor, you have a veto to that legislation.
Mayor Regalado: That's right. Yes, Mr. Vice Chair. You know, one of the most difficult jobs of
the Mayor is to exercise the veto. I have done it before, because I think it's important that the
Mayor has a voice in legislation, and the only way that we can do it is through advocating before
you or through the veto powers. Now, the reason that I exercised the veto in this legislation is
twofold. Number one is historical memory. We have a new Commission. We have an
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Administration that is young in terms of directors; in terms of the different departments that we
have in the City. I want to say that 90 percent of the directors that we have now in the
Administration were not here seven years ago, eight years ago, 10years ago. There is a lot of
historical knowledge in the members of the board, and I can tell you, for instance, I have two
appointments at the Park Advisory Board. The Park Advisory Board is one of the most dedicated
group of people that I've ever seen. They meet regularly, and my two appointees are persons that
are retired. And what they do, every single week, they visit all the parks; they try to visit all the
parks. They are engaged with the Parks director, with the elected officials about a playground,
about the need to pick up trash. These are people that want to do the right thing for Miami. This
is what they love, this is what they do, and they've been there a lot of time. So we have people --
I met a lady that I did not appoint in the PZAB (Planning, Zoning & Appeals Board) Board that
every time that there is a meeting, she visits all the properties by herself and look at all the
zoning changes, the surroundings, so she can be prepared. She is dedicated. No one in the
boards gets paid. And recently, the City Commission has created several new boards: The
Virginia Key Advisory Board; the Sea Level Rise Committee Board; Beautification Committee;
and the Charter Review Committee. These are boards that are working. Unfortunately, the
Beautification Committee is not working, has not been able to meet, because there's no
appointment. I did appoint somebody, but hopefully, the Commission will appoint. So I think
that there is a remedy, Mr. Vice Chair. I think that by looking back at the history, I think it's
important that we know that the City Clerk keeps tabs of all the boards meeting, and who attend,
and who doesn't attend. And I think that three consecutive absences -- non -explainable -- are
reason for the City Clerk to notifir the elected official that appointed this person that this person
is not attending. And it's up to the elected official to remove that person or appoint somebody. I
think, also, too, that we should have some kind of guidance from the Commission to the board to
police them self in terms of attending, in terms of coordinating the meetings, and making sure
that all these boards are functioning. You know, I've seen several times the Code Enforcement
Board, and the Code Enforcement Board deals with laws, but also with historical memory; and
also, understanding that there are cases and there are cases. And I think that there's got to be
some kind of compassion when you have a lady that I saw that had a shed for 40 years, and they
were told that they have to demolish. So the board find a remedy. If you go by the Code, that
lady would have been ordered to demolish immediately. I really think that we can remedy that. I
really think that the key here is the absence. You know, you, yourself, are moving legislation that
I think it's of great importance; it's the Sea Level Rise Committee. The Sea Level Rise Committee
is probably one of the most important bodies that we have to guide the Administration and this
Commission in the next few years, because it's about the next 50 years in the City of Miami. The
board was created. All, if not most, of the members are ending their first term, and they even
haven't started to do things. So I really think that your legislation extending the life of the
committee and the appointment is necessary, because if you bring new people, then you have to
start all over again. So I respectfully request that you consider asking the City Clerk to keep you
informed in terms of the absence of the appointees. I know that we all have many things to do.
You all have many things to do, but I think that boards are important, and I think that there are
many dedicated people in the City of Miami that want to do the right thing, and that's why I issue
the veto. It's not any sign of disrespect to the Commission; I just think that by being here 20
years, you know, the City Clerk told me that the League of-- Florida League of Cities just
communicated that next month -- no -- in two months, I will become one of the recipients of an
award for --
Mr. Hannon: 20 years of excellent public service.
Mayor Regalado: -- 20 years --
Mr. Hannon: Yes, sir.
Mayor Regalado: -- of service. And I understand term limits, and I understand the way it is, but
for 20 years, I have seen those boards, and I have seen the dedicated people that are residents of
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the City of Miami working on those boards, and they really want to do the right thing for the City
of Miami. Thank you.
Vice Chair Russell: So the veto powers is not used very often, is it? When is the last time that
you vetoed --? Is this because this is my sixth month anniversary and this is the end of my
honeymoon I get vetoed at the --? I understand, Mr. Mayor, this is very important to you, and
that you wouldn't bring this if-- especially seeing that it was approved unanimously here -- if it
wasn't very important to you. And I guess, for me, coming at it for -- by restricting us ourselves
with this legislation was one way to start accomplishing what I'd like to do. But I have such
really high hopes for our boards to really get them excited and encouraged to bring legislation
up to us that we can bring ideas, and participation. My staff cobbled together a website to
encourage participation in boards, as I had over 35 boards to appoint to, and we had over 100
applicants, even 40 -- we had 40 applicants just on the Arts and Entertainment Board. People
are excited to get involved, and I was just worried that if we, as Commissioners, don't know
about this new blood and we have so much respect for those who have served, we're not going to
give the new people a chance, because if somebody wants to stay, it's difficult for us to ask them
to go. And this legislation would have taken that out of our hands and said, Term limits are term
limits. "ButI see that boards are very important to you, as well. And so, I want to invite you to
work with me on strengthening boards. I mentioned a few meetings ago that I would like to
perhaps run a hack-a-thon, where we look to the internet-savvy within our community to help us
create a portal for boards, where any average citizen can see a list of all the boards that are
available, what their agendas are, who they're attendees are, what board appointments are
coming up, so that if they're interested in that thing, they can really know what that board's about
and know that there's a seat available that they can come talk to the Commissioner that would do
the appointing and say, P'm interested in this board,'because right now, we don't really have
anything like that. And I don't think it would be very expensive for us to create this initiative and
create a portal on our website that would be all about boards, and really, really go deep into it.
It could be quite exciting, and I'm -- I think the boards can work for us.
Mayor Regalado: And I agree with you, Mr. Vice Chair. I do agree that the boards are
important; that the people should participate more in the boards; that the people of Miami
should be informed about how to apply and how to be a part of different boards. I think that the
closest thing to an elected official representing the people are the boards that you guys and I
appoint, because they do report to the elected officials. And I think that this is very easy. I
mean, it's up to the elected official to change the person in the board. I have done that. I have
done that in my many years in the board. I have asked a person that have not attended or had
failed to participate to just move on, and I have appointed another person. The only thing that I
have not done in my 20 years of service is to ask, ever, a board appointee to vote one way or
another. I think that if you appoint a person, you are transferring the power of that elected
official to that person, and you have to trust that person. If you don't trust that person, well, then
that person should be out. So I would love to continue working with you. I just want to give you
a historical perspective that boards need to be proactive; boards need to be compassive [sic];
that they need to understand the different areas of the City of Miami; and they do. They do.
They -- the boards, I think, are a mirror of the City of Miami.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: By the way, we did pass the -- an ordinance, and anyone that misses three
meetings automatically is out and cannot be reappointed, so we already did that; we took care of
that. The -- I think we need to look at the boards, because I was here maybe eight years ago
before I came back in 2001. I was away for eight years, and I can tell you, the boards, when I
was here in the '90s, were very effective boards. Some of the boards were very effective at that
time; today, they are not. I think we need to look at the boards. Like today, we already have one
board that we had to deal with certain things within the City of Miami. Now we -- today, we're
going to have -- create another board. They're going to be doing the same thing. So this is
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something -- we really need to look at all the boards and see which one are really functioning
and which one is not functioning. And if the person that we have in there is not functioning, get
him out. But the -- I agree with the Mayor on this. And I voted last time for it, because I thought
of some things; but then, looking at the legislation, the way I looked at it, I think I had a
problem. I felt bad I voted for it. I'll be frank with you.
Chair Hardemon: Any other --
Mayor Regalado: Commissioner -- I'm sorry, Mr. Chairman. And Commissioner Gort, to your
point, I think that the Commission should strengthen the boards, and should demand more action
from the boards. Like, for instance, the other day, you had a long discussion about the DOJ
(Department ofJustice) and who is going to police the different issues that the DOJ signed with
the agreement with the City of Miami, and it was mentioned the CRB (Community Relations
Board). And, look, I remember. I was here when we had the FTAA (Federal Trade Area of the
Americas) riots in downtown Miami. And the reason that those riots did not escalate, it was
because the Community Relations Board empaneled, along with the Police Department, a group
of ambassadors to be there. And there were some difficult moments with the police in front of the
Intercontinental and in front ofBayfront Park, but the ambassadors empaneled and participated
on behalf of the Community Relations Board were able to keep quiet a crowd of more than
20,000 people. So that's why I think that it's important to strengthen the board. Like I said, the
Beautification Committee, it's a great committee, a lot of people want to participate, but they
need to meet and make decisions. The Charter Review Committee. The Charter Review
Committee is probably the most important thing that is going to happen in the City, because it
may end up in front of the voters of the City of Miami in a general election to change the Charter
of the City of Miami. And every 10 years, that needs to happen. So I just think that we should
pay more attention to the boards. And those who do not attend, those who only want their names
for the resume and do not attend should not be part of the board.
Vice Chair Russell: Thank you, Mr. Mayor. In complete respect of your veto, I will not make a
motion to attempt to override that. I will thank my fellow Commissioners for supporting me in
this legislation up to now. I think what we've done has really, really woken up a -- brought light
to a need to really empower our boards. And I will be bringing a plan to enact this portal that
will really strengthen our boards and improve communication with the community and get them
involved. So I fully respect your veto and we'll move on.
Mayor Regalado: Thank you, sir. And I'm sorry it's on your anniversary.
Chair Hardemon: Seeing no further discussion on the item, we'll deem this has been discussed
and no action was taken by the City Commission.
MV.1 ORDINANCE Vetoed
16-00687
District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Commissioner Ken 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
Russell AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS
GENERALLY", TO AMEND SECTION 2-885, ENTITLED "TERMS OF OFFICE;
TERM LIMIT WAIVER", TO PROVIDE THAT BOARD MEMBERS' TERMS MAY
ONLY BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM;
PROVIDING THAT SUCH EXTENSION MUST BE APPROVED BY FIVE (5)
MEMBERS OF THE CITY COMMISSION; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
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Meeting Minutes June 9, 2016
ORDER OF THE DAY
16-00687 Legislation SR.pdf
16-00687 Mayor's Veto Message.pdf
16-00687 Veto Notification to Commissioners.pdf
NO ACTION TAKEN on the vetoed item
13610
Note for the Record: The Miami City Commission discussed Item MV.1 and decided to take no
action on the mayoral veto. As a result, the mayoral veto is deemed sustained.
Victoria Mendez (City Attorney): Chairman, would you like me to make the statement of
procedures?
Chair Hardemon: Yes. As we begin the meeting, please make the statement of procedures.
Ms. Mendez: Thank you. Any person who is a lobbyist, including all paid persons or firms
retained by a principal to advocate for a particular decision by the City Commission, must
register with the City Clerk and comply with related City requirements for lobbyists before
appearing before the City Commission. A person may not lobby a City official, board member or
staff member until registering. A copy of the Code section about lobbyists is available in the City
Clerk's Office. Any person making a presentation, formal request or petition to the City
Commission concerning real property must make the disclosures required by the City Code in
writing. A copy of this Code section is available in the City Clerk's Office and online. The
material for each item on the agenda is available during business hours at the City Clerk's Office
and online 24 hours a day at wwmiamigov.com [sic]. Any person may be heard by the City
Commission through the Chair for not more than two minutes on any proposition before the City
Commission, unless modified by the Chair. If the proposition is being continued or rescheduled,
the opportunity to be heard may be at such later date before the City Commission takes action on
such proposition. Anyone wishing to make any decision [sic] made by the City Commission for
any matter considered at this meeting may need a verbatim record of the item. A video of this
meeting may be requested at the Office of Communications, or viewed online at
wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in
Commission chambers; please silence those devices now. No clapping, applauding, heckling, or
verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted.
Any person making offensive remarks or who becomes unruly in the Commission chambers will
be barred from further attending Commission meetings and may be subject to arrest. No signs or
placards shall be allowed in Commission chambers. Any person with a disability requiring
assistance, auxiliary aids and services for this meeting may not the City Clerk. The lunch
recess will begin at the conclusion of deliberation of the agenda item being considered at noon.
The meeting will end either at the conclusion of deliberation of the agenda item being considered
at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please
note, Commissioners have generally been briefed by City staff and the City Attorney on items on
the agenda today. At this time, the Administration will announce which items, if any, are either
being withdrawn, deferred, or substituted. Thank you.
Chair Hardemon: Mr. Manager, let's wait before we go to the withdrawal and deferrals.
Later...
Chair Hardemon: Mr. Manager.
Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Good morning to all
Commissioners and Mr. Mayor. We'd like to ask for the Commission to consider deferring items
RE.9 and RE.10 to the June 23 agenda.
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Chair Hardemon: Is there any other deferral or continuance? Seeing none, is there a motion to
carry -- is there a motion to --?
Commissioner Suarez: So moved.
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved and seconded by Commissioner Gort that we defer
items RE.9 and RE.10. Any discussion?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: From -- on my briefing, I was under the impression there was additional
items that were going to be deferred or request to defer.
Mr. Alfonso: Correct. We sent a message yesterday, Commissioner. There was one item --1
think it was RE.7, which was the CDD (Community Development District) map approval that we
were requesting to defer; however, in conversations with the firm that is representing the CDD,
they made note that they needed this for time expediency, and they would like to make their
presentation. It's rather a short presentation, and we said that we'd let them make the
presentation to the Commission. We sent a message about that yesterday to all the elected
officials. Additionally, 1 believe that CA.6 will need to be pulled from the consent agenda --
Unidentified Speaker: Yes.
Mr. Alfonso: -- and handled separately.
Todd B. Hannon (City Clerk): And Chair, my apologies. If I may, I do have a member of the
public that would like to speak on CA.3, as well, so we would need to pull CA.3.
Chair Hardemon: Any further unreadiness? Hearing none, all in favor of the motion, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Later...
Chair Hardemon: We'll get the resume to the City Clerk.
Later...
Chair Hardemon: Discussion items. Do we all agree to leave?
Commissioner Carollo: Yeah.
Commissioner Suarez: We're going to have to -- no, no. Yeah, I think we do agree, but I'm
saying, we're going to have one day have a discussion --
Vice Chair Russell: Discussion.
Commissioner Suarez: -- items; otherwise, we just don't even bother, you know, because -- and
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by the way, some of these have become stale, you know. We put them on, you know, a couple
months ago, and they kind of become stale, you know, if we don't talk about them, so whatever.
Commissioner Carollo: Put it on the next one.
Chair Hardemon: Well --
Commissioner Suarez: Like, I could tell you one that's funny. Minds and Machines revenue. I
put that on like three months ago. That -- I need more -- I need new revenue numbers to get the
updated revenue numbers to have that discussion.
Chair Hardemon: All right.
Mr. Hannon: Excuse me.
Commissioner Carollo: Meeting adjourned.
Chair Hardemon: Meeting adjourned.
Mr. Hannon: Chair, so just for the record, items DI.3 through DI.13 will all be deferred to the
June 23 Commission meeting? And for PA.1 --
Barnaby Min (Deputy City Attorney): Mr. City Clerk.
Mr. Hannon: -- what did we want to do with PA.1 ?
Chair Hardemon: Just roll it over.
Mr. Hannon: Roll it over? Okay, that'll be deferred to --
CONSENT AGENDA
CA.1 RESOLUTION
16-00670
Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE EXPENDITURE
LIMITS OF THE BRADFORD COUNTY SHERIFF'S OFFICE CONTRACT NO.
BSCO2015-01, ATTACHED AND INCORPORATED HEREIN BY REFERENCE,
FOR THE PURCHASE OF LEAD FREE ZINC AMMUNITION FROM NPEE L.C.
D/B/A NATIONAL POLICE AMMUNITION, FOR USE BY THE MIAMI POLICE
DEPARTMENT ("MPD"), IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000.00) FOR THE CONTRACT PERIOD
COMMENCING OCTOBER 13, 2015 THROUGH JANUARY 1, 2017;
ALLOCATING FUNDS FROM THE MPD'S GENERAL FUND, ACCOUNT NO.
00001.191501.667000.0000.00000, SUBJECT TO THE AVAILABILITY OF
FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
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16-00670 Summary Form.pdf
16-00670 Checklist.pdf
16-00670 Award Recommendation.pdf
16-00670 Corporate Detail.pdf
16-00670 Award Letter.pdf
16-00670 Bid Response.pdf
16-00670 Legislation.pdf
16-00670 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0258
CA.2 RESOLUTION
16-00644
Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Works ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACCEPT FOURTEEN (14) RIGHT-OF-WAY DEEDS AND FOUR (4) QUIT
CLAIM RIGHT-OF-WAY DEEDS OF DEDICATION, AS DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY
PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF
SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF
SAID DEEDS.
16-00644 Summary Form.pdf
16-00644 Legislation.pdf
16-00644 ExhibitA.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0259
CA.3 RESOLUTION
16-00587
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
Management FIVE (5) YEAR COMMERCIAL LEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN RONPOPE BELTWAY, LLC AND THE
CITY OF MIAMI ("CITY"), FOR THE PROPERTY LOCATED AT 3727 GRAND
AVENUE, MIAMI, FLORIDA, FOR USE AS A GENERAL OFFICE BY THE
NEIGHBORHOOD ENHANCEMENT TEAM AND AS A SUBSTATION BY THE
MIAMI POLICE DEPARTMENT.
16-00587 Summary Form.pdf
16-00587 Legislation.pdf
16-00587 Exhibit.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
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Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0276
Chair Hardemon: I'll turn our attention to the consent agenda.
Commissioner Gort: Move.
Chair Hardemon: We moved CA.6, but I'll allow -- let's allow the gentleman from the public to
speak on item CA.3 before we carry the motion on the rest of them. You're recognized, sir. Is it
you? No?
Todd B. Hannon (City Clerk): Mr. Armbrister, I believe you signed up for CA.3?
Williams Armbrister: Yes. My name is Williams Armbrister, Sr. I reside at 3260 Thomas Avenue
here in Coconut Grove. And your proposal here to extend the lease on this property on Grand
Avenue for use for the police substation and your additional uses should be postponed until
there's a resolution involving that trolley station on Douglas Road. That would be the most
appropriate place for the police substation and the other uses. And what's going to have to
happen is there's going to have to be an engineer to design that building; outfit it for
second -story use, because it can't currently be used for a second story. And the concerns of this
community overall, when it comes to investing millions of dollars, you know, we've gotten the
Marlins Stadium; we've gotten $50 million in the Museum of Science. We have millions of
dollars being poured into this community, and not one of those dollars are having a positive
impact as it -- in regards to the needs of the people in the community. We have the Stirrup Grove
Complex -- Housing Complex. When that was proposed to the community to provide affordable
housing, none of the people living in Coconut Grove could afford those housing. When they had
the St. Hugh Oaks, when that came up for affordable housing, none of the residents in Coconut
Grove could afford housing there. When we had the Thelma Gibson Rental Apartments, in its
initial proposal, it was affordable to many people in the community, but when they changed it
from 559 a month to over $700 a month, and they moved the age from 55 years old and up to 62
years old and up, now you have many people that qualified under the original agreement to
move into those units could not afford to move in there.
Chair Hardemon: Sir, can you come to a conclusion?
Mr. Armbrister: So my proposal is this: Is that you take whatever funding the Miami -Dade
County was willing to add to that building and whatever funding you have, you'd like to add to
that building, take that money, and I'm going to give you the formula that you haven't yet figured
out. What you would do is this: For the homes in Coconut Grove that are 60 years and older
and to the properties in Coconut Grove, you will look on the tax roll, you will take their market
value, you will offer to those owners market value plus 10 percent, and start building homes in
this community for the residents for low -to -moderate -income households.
Chair Hardemon: Thank you very much.
Mr. Armbrister: And that's from low -to -moderate income, because when you say, affordable, "
you exclude those that are working full-time for less than 20 and not above $40, 000 a year. So
what we need in this community is not what you think or feel, or have an idea that we need. We
need homeownership.
Chair Hardemon: Mr. Armbrister.
Mr. Armbrister: Yes, sir.
Chair Hardemon: Your time has expired, more than --
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Mr. Armbrister: In closing, let me say this: We need not only homeownership accessibility to
low and moderate income, but we also need long-term employment opportunities that are
accessible; not just jobs. You know, long terms, you know, the benefits everyone -- the employees
have. And when it comes to 401(k), hospitalization, vacation pay, holidays, things of that nature,
give us what we need in this community, opposed to what --
Chair Hardemon: Sir, thank you very much.
Mr. Armbrister: -- and come to us and ask us what we feel about your proposal in advance of
you making the proposal.
Chair Hardemon: Thank you very much.
Mr. Armbrister: I'd appreciate that -- we would appreciate that very much. God bless and I
thank you all.
Chair Hardemon: Same here.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You want to speak?
Commissioner Suarez: Thank you.
Chair Hardemon: Go ahead.
Commissioner Suarez: Actually -- I actually agree with a lot of what Mr. Armbrister said.
Chair Hardemon: So I want to pull CA.3, so we're going to have some discussion about it; CA.3.
Commissioner Suarez: Yeah. So I actually agree with a lot of what he said, and I think there
might be a way to resolve it with a lease so that the community still benefits from having a mini
station there in the meantime, because the -- obviously, we don't want to lose the police presence
there. Coconut Grove is one of the few areas in the City that doesn't have a dedicated
substation; Little Havana has one, the North District has one, and Coconut Grove does not have
one. So I agree with the statement that we should look at the potential acquisition of the -- I
guess it's the trolley project, for lack ofa better word --
Vice Chair Russell: We have an 11 a.m. time certain, I believe.
Commissioner Suarez: Right. And I guess we'll be talking about it soon, so I agree that we
should discuss it in the context of that, because I also agree that it's an appropriate potential
co -use for that building, in addition to some of the uses that I think are being proposed. So I
think the way to solve it -- we could do this, but I think the way to solve it would be to say this --
because if you look at Section 5 of the lease, it talks about the landlord; not the tenant.
Chair Hardemon: Or we could not address CA.3 until later on.
Commissioner Suarez: We can do that, too; whatever you prefer.
Chair Hardemon: Right.
Commissioner Carollo: I suggest we table CA.3 --
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Commissioner Gort: Do both.
Commissioner Carollo: -- till -- we got till -- I think it's 11 o'clock time certain --
Vice Chair Russell: Second.
Commissioner Carollo: -- and at that time, we'll discuss it during --
Chair Hardemon: Without objection, it'll be tabled.
Chair Suarez: Okay.
Chair Hardemon: Ma'am, we're tabling it till later, but I'll allow you to speak on the item,
because --
Rhonda Willis: Yes, I would like to speak on the item about the CA.3 issue.
Chair Hardemon: Could you state your name and address?
Ms. Willis: My name is Rhonda Willis. I'm a resident of Coconut Grove for 30 years. I have
four boys that grew up in this community, and the reason why I mention my four sons is because
I believe that that trolley station, which was zoned out of Coconut Grove to become a Coral
Gables trolley station, and it was fought by Interchange Group and a Coconut Grove group --
I'm under pressure right now, so I see I have a little bit of time, but I believe that it should be
given at least to the youth of Coconut Grove. The reason is that -- is because we have so much
going on with gun fighting, gun violence; and, you know, parents working, parents trying to
survive, and trying to keep our kids safe. And I believe we have no safe house for our kids. And
I believe because it's in the center of Coconut Grove -- it borderlines Coral Gables -- and we
also have residents in Coral Gables/Coconut Grove and that would be a prime place, and I think
it'd be a very positive location for a Coconut Grove Youth Community Center.
Chair Hardemon: Thank you very much.
Vice Chair Russell: I just want to clam; I just want to make sure there's no confusion. We're
talking about two separate buildings here. CA.3 is the NET (Neighborhood Enhancement Team)
Office/police substation. And at 11 o'clock this morning, we'll be talking about the potential
purchase of --
Ms. Willis: Okay.
Vice Chair Russell: -- the trolley garage, which it is related, as Mr. Armbrister said, so thank
you for your --
Ms. Willis: Yeah.
Vice Chair Russell: I just want to make we're talking about the same thing.
Ms. Willis: Yeah, I understand; because you mentioned l'rolley station'bt that time, so.
Chair Hardemon: No problem.
Ms. Willis: All right. Thank you.
Chair Hardemon: It's okay; very welcome.
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Later...
Chair Hardemon: Commissioners, as you are aware of it is past 12 o'clock. We don't have any
pending item on the agenda. Should we move to go to lunch?
Commissioner Suarez: Sure.
Victoria Mendez (City Attorney): Chairman.
Daniel J. Alfonso (City Manager): Can we clear out CA.3 real quick?
Later...
Commissioner Suarez: Mr. Chair, CA.3.
Commissioner Carollo: Move CA.3, with the exception of adding language where, also, we are
able to opt out, the same as the lessor.
Vice Chair Russell: Second.
Mr. Alfonso: Okay.
Chair Hardemon: So properly moved and seconded regarding CA.3.
Commissioner Carollo: And when I say {i,e,7 mean the City of Miami.
Mr. Alfonso: Right. So if understand it correctly, amend CA.3 to give the City of Miami the
option to opt out of the agreement, the same as the --
Commissioner Suarez: No.
Mr. Alfonso: -- landlord has the option to opt out.
Commissioner Suarez: No.
Mr. Alfonso: No? Okay.
Commissioner Suarez: That's not the right thing to do. So may I please be recognized on the
item that I initially was going to make a motion on? Thank you.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: So provision number 5 of the lease says that -- let me just take it out -- it
says that the landlord, after June 30, 2018, would have the right to opt out of the lease. And I
don't think we need to wait till June 30, 2018 to be given the right to opt out of the lease, because
we may acquire this property in three months, in six months, or whatever. At the very minimum,
that date should be moved up to 2017; if not, maybe December 31, and both the landlord and the
tenant have the right -- equal right to opt out; in other words, you know, otherwise, what you're
doing is you are essentially committing yourself to this until 2018, till mid-2018.
Mr. Alfonso: Right.
Commissioner Suarez: And we may have this facility retrofitted sometime before that, so I
wouldn't go that far. Go ahead; I'm sorry.
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Mr. Alfonso: I'm willing to go and talk to the landlord and negotiate a sooner date. Well, I think
it's optimistic to think that --
Commissioner Suarez: You think that's optimistic?
Mr. Alfonso: Yeah, that we would --
Commissioner Suarez: Okay, well --
Mr. Alfonso: -- have this facility fully retrofitted within the next two years.
Commissioner Suarez: Really?
Mr. Alfonso: Yeah.
Chair Hardemon: To me it does. It seems like a garage, more than anything; because,
remember, we have to RFP (Request for Proposals) it. I think you have to --
Daniel Rotenberg (Director, Department of Real Estate and Asset Management): And if may,
Commissioner?
Commissioner Suarez: Sure.
Chair Hardemon: -- make an award, and someone's going to --
Commissioner Suarez: All right.
Chair Hardemon: -- appeal the award, because they're not happy, because you know what
happens with RFPs. Then you have the bid protest, and, my God --
Commissioner Suarez: We're talking about --
Chair Hardemon: -- the bid protest.
Commissioner Suarez: -- we're then obligated to be in that lease for two years, okay?
Chair Hardemon: But we could still make the change. We could still make -- I mean,
(UNINTELLIGIBLE).
Commissioner Suarez: No, no, no; the change is a good change.
Chair Hardemon: Yes.
Commissioner Suarez: The issue is I was concerned about the timing of it, and that's why I
wanted to specifically get into the language of the agreement, because I wanted to make sure that
we were thoughtful on what we were doing; we weren't just, you know, doing it -- you know, I
understand the correlative right or option to get out, which is what we need to do; but also, I
wanted to make sure that the timing was valid for us, because this is -- we're doing this in the
abstract. And now, we're combining it with this other item, which may have a facility that can
serve the same purpose, and that's why I wanted to make sure that we talked about the date. So
if you guys are comfortable with the date, I'm comfortable.
Commissioner Gort: Yes.
Commissioner Suarez: Is everyone comfortable?
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Vice Chair Russell: But after that point, it'll be revocable from our side, as well, correct?
Commissioner Gort: Yeah.
Commissioner Suarez: Well, that's what we're going to negotiate, right.
Commissioner Carollo: Exactly.
Chair Hardemon: So to clarify the motion on the floor, then, is exactly what Commissioner
Carollo stated it is.
Commissioner Suarez: Yes.
Chair Hardemon: And so -- because it was not -- it wasn't amended and --
Commissioner Suarez: I'm good with it --
Commissioner Gort: Yes.
Commissioner Suarez: -- ifyou guys are good with it.
Chair Hardemon: And I'll accept Commissioner's -- Commissioner Suarez' #ood with it'bs a
second.
Commissioner Suarez: Okay.
Todd B. Hannon (City Clerk): It's already been seconded by Vice Chair Russell.
Commissioner Suarez: I think the Vice Chair seconded it, yeah.
Vice Chair Russell: Second with amend -- yeah.
Commissioner Carollo: By Russell.
Commissioner Suarez: That's fine.
Chair Hardemon: Is there any further discussion on this item? No? Hearing none, all in favor,
say Bye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Mr. Hannon: As amended.
Commissioner Gort: You know what I love about this? You're going to have the NET Office,
you're going to have the Police, and you're going to have Code Enforcement. That's the way it
used to be, and that's the way it should be. Thank you.
Vice Chair Russell: It's going to be great.
Commissioner Gort: By the way, you know, I'm in the Hemispheric Congress. We're closing
today. We have over 30 different countries throughout the world participating. It's been very
successful. I came here this morning, because I thought it was very important for me to be here,
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Meeting Minutes June 9, 2016
but I'm going to have to be leaving about 4:30 this afternoon.
Ms. Mendez: And I'm sorry, just -- I wanted to clarify. We have three shade meetings today, so I
don't know -- I think one of the Commissioners may not be available till after 4; and then now,
I'm hearing that Commissioner Gort needs to leave around 4:30. So I wanted to see if we can at
least hear one of the shade meetings, but I really wanted everyone together for the shade
meetings. So throwing that out there, how would you like to proceed?
Chair Hardemon: We'll see you at 3 and see what we can handle in that time period; and if not,
then you have to come make the announcement that we want to --
Ms. Mendez: Okay. So then one of the shade meetings I can definitely hear, and we would just
-- if the Commissioners could go upstairs then at 3; and then the other two, probably, I'll wait till
all of you are here.
Chair Hardemon: Okay. This meeting is in recess.
Ms. Mendez: Thank you.
Vice Chair Russell: Thank you.
CA.4 RESOLUTION
16-00594
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
Management LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND PARK PLACE
ASSOCIATES, LLC ("LESSOR"), FOR USE OF AN ENCLOSED EQUIPMENT
ROOM MEASURING APPROXIMATELY 324 SQUARE FEET AND ITS
ROOFTOP SPACE MEASURING APPROXIMATELY 18 FEET BY 18 FEET OF
THE BISCAYNE VIEW APARTMENT BUILDING LOCATED AT 915
NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, ("PREMISES"), FOR THE
PURPOSE OF OPERATING AND MAINTAINING THE CITY'S INTERNAL
COMMUNICATIONS EQUIPMENT CURRENTLY HOUSED ON THE
PREMISES, FORA PERIOD OF TWO (2) YEARS, COMMENCING
RETROACTIVELY ON JANUARY 1, 2016, WITH AUTOMATIC YEARLY
RENEWALS, FOR AN ANNUAL RENT AMOUNT OF FOUR THOUSAND FOUR
HUNDRED DOLLARS ($4,400.00); ALLOCATING FUNDS FROM GENERAL
ACCOUNT NO. 05001.245000.544000.0.0, RENTALS AND LEASES, WITH
ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET
FORTH IN SAID LEASE AGREEMENT.
16-00594 Summary Form.pdf
16-00594 Corporate Detail.pdf
16-00594 Legislation.pdf
16-00594 Exhibit.pdf
CA.5
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0260
RESOLUTION
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Meeting Minutes June 9, 2016
16-00565
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CYNTHIA
WILLIAMS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $328,084.00, INCLUDING
$100.00 FORA SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF
ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION
OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND
INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF
THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS,
AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 50001.301001.545010.0000.00000.
16-00565 Memo - Office of the City Attorney.pdf
16-00565 Memo - Budget Sign-Off.pdf
16-00565 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0261
Adopted the Consent Agenda
Motion by Commissioner Suarez, seconded by Commissioner Gort, including all the
preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
CA.6 RESOLUTION
16-00766
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE
AMOUNT OF EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($850,000.00)
FROM JACOBS ENGINEERING GROUP INC., IN FULL SETTLEMENT OF
ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI V.
JACOBS ENGINEERING GROUP INC., CASE NO. 14-24909, BEFORE THE
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA,
PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND
RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SETTLEMENT AGREEMENT AND RELEASE, AND ALL NECESSARY
DOCUMENTS, IN A FORM TO BE ACCEPTABLE TO THE CITY ATTORNEY,
TO EFFECTUATE THE SETTLEMENT.
16-00766 Memo - Office of the City Attorney.pdf
16-00766 Legislation.pdf
16-00766 Exhibit.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
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Meeting Minutes June 9, 2016
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon
Abstained: 1 - Commissioner(s) Suarez
R-16-0277
Note for the Record: Commissioner Suarez abstained from voting on Item CA.6 due to a voting
conflict. Additionally, Commissioner Suarez disclosed the conflict on the record and
immediately proceeded to file his FORM 8B Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers"vith the City Clerk.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: Can I be recognized on CA.6, please?
Chair Hardemon: You are recognized.
Commissioner Suarez: Thank you. I just have to make a voting conflict disclosure, and I'm
going to just read it. f, Francis X. Suarez, Commissioner of the City of Miami, District 4, hereby
disclose that on June 9, 2016, a measure will come before a regular meeting of the Miami City
Commission which will inure to the special gain or loss of my law firm, Grey Robinson, P.A., my
business associate law firm, Grey Robinson, P.A. The measure is CA.6, File I.D. 16-00766,
Resolution of the Miami City Commission, accepting payment to the City of $850, 000 from
Jacobs Engineering Group, Inc., in full settlement of all claims and demands for the case of City
of Miami versus Jacobs Engineering Group, Inc., Case Number 14-24909, before the United
States District Court, Southern District of Florida, pursuant to the terms of a settlement
agreement and release; authorizing the City Manager to execute the settlement agreement and
release, and all necessary documents, in a form to be acceptable to the City Attorney to
effectuate the settlement. The nature of the conflict is that I am currently employed as of counsel
to Grey Robinson, who represents Jacobs Engineering Group, Inc., in the aforementioned matter,
out of the Orlando office. Due to this conflict, I will not be able to participate in this measure,
and will abstain from this vote. This public statement is made in compliance with Section
112.3143, Florida Statutes. "Thank you.
Chair Hardemon: Thank you very much. Is there any other discussion about the item? Madam
City Attorney.
Victoria Mendez (City Attorney): Thank you, Chairman. I just wanted to bring to your attention
this is accepting 800 -- approximately 800,000 -- 850, 000 from Jacobs Engineering to settle a
claim that the City had fled.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved --
Vice Chair Russell: Second.
Chair Hardemon: -- and seconded to approve item CA.6. Any further discussion? Hearing
none, noting the absence of Commissioner Suarez, all in favor, say Bye."
Commissioner Gort: Aye.
Commissioner Carollo: Aye.
Vice Chair Russell: Aye.
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Meeting Minutes June 9, 2016
PA.1
16-00454
Chair Hardemon: Aye. Motion passes.
END OF CONSENT AGENDA
Chair Hardemon: All right. So right now, we're considering items CA.1, CA.2, CA.4, and CA.5.
Is there a motion to approve those?
Commissioner Suarez: So moved.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved and seconded to approve those items. Any
objection? Hearing none, motion passes.
PRESENTATION
PERSONAL APPEARANCES
District2- PERSONAL APPEARANCE BY WAYNE PATHMAN, CHAIRMAN, AND THE
Commissioner Ken MEMBERS OF THE CITY OF MIAMI'S SEA LEVEL RISE COMMITTEE TO
Russell DISCUSS THEIR WORK OVER THE PAST SIX (6) MONTHS.
16-00454 E-Mail - Personal Appearance. pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item PA.1 to the June
23, 2016Planning and Zoning Commission Meeting.
END OF PERSONAL APPEARANCES
PUBLIC HEARINGS
PH.1 RESOLUTION
16-00589
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT OSPREY
Economic APARTMENTS, LLC AN EXTENSION OF TIME TO START CONSTRUCTION,
Development FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, ON THE
PROPERTY LOCATED AT 5329 NORTHWEST 17 AVENUE, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED,
FROM JUNE 15, 2016 TO DECEMBER 31, 2016, AND TO GRANT AN
EXTENSION OF THE CONSTRUCTION COMPLETION DEADLINE TO
DECEMBER 31, 2018; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
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16-00589 Summary Form.pdf
16-00589 Notice to the Public.pdf
16-00589 Back -Up Documents.pdf
16-00589 Legislation.pdf
16-00589 ExhibitA.pdf
16-00589 Exhibit.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon
Absent: 1 - Commissioner(s) Suarez
R-16-0278
Chair Hardemon: Moving on to PH (Public Hearing) -- PA (Personal Appearance) -- I'm sorry
PA.1. Is PA.1 still going to be --?
Daniel J. Alfonso (City Manager): Personal appearance?
Chair Hardemon: Correct. Mr. William Pathman.
Vice Chair Russell: I don't believe he's here.
Chair Hardemon: All right. So I'll move past PA.1. PH.1.
George Mensah: Good morning, Commissioners. George Mensah, director of Community and
Economic Development. PH.1 is a resolution of Miami City Commission, authorizing the City
Manager to grant Osprey Apartments an extension of time to start construction for the
development of affordable housing on the property located at 5329 Northwest 17th Avenue,
Florida, from June 15, 2016 to December 31, 2016.
Chair Hardemon: Is there any discussion about the item? Is there any person from the public
that would like to speak on this item? Hearing none, 171 close the public hearing. Is there a
motion to accept --?
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion about the
item? All in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.2 RESOLUTION
16-00590
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community and ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY
Economic DEVELOPMENT BLOCK GRANT FUNDS IN THE TOTAL AMOUNT OF
Development $416,420.40, FROM THE AGENCIES AND/OR ACTIVITIES AS SPECIFIED IN
EXHIBIT "A", ATTACHED AND INCORPORATED, ALLOCATING SAID FUNDS
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City Commission
Meeting Minutes June 9, 2016
AS DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE(S).
16-00590 Summary Form.pdf
16-00590 Notice to the Public.pdf
16-00590 Back -Up Document.pdf
16-00590 Legislation.pdf
16-00590 Exhibit A.pdf
16-00590 Exhibit B.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon
Absent: 1 - Commissioner(s) Suarez
R-16-0279
Chair Hardemon: Moving on now to PH.2.
George Mensah (Director, Community and Economic Development): Yes. PH.2 is a resolution
of the Miami City Commission, authorizing the de -obligation of CDBG (Community
Development Block Grant) funds, in the total amount of $416,420, and allocating said funds to
Big Brothers and Big Sisters of Miami -Dade for public improvement and (UNINTELLIGIBLE)
improvement, 300,000; commercial rehabilitation, D4 (District 4), 50,000; and then the
single-family rehabilitation program citywide, 66,420.40.
Chair Hardemon: Okay. Is there anyone from the public that would like to speak on this item?
Seeing none, I will close the public hearing. Is there any discussion on the dais?
Commissioner Gort: This is a de -obligation. Move it.
Chair Hardemon: Been properly moved --
Vice Chair Russell: Second. Discussion.
Chair Hardemon: -- and seconded by the Vice Chairman. Vice Chairman, you're recognized.
Vice Chair Russell: Thank you very much. We're de -allocating from several items that either did
not get spent or had money left over from their allocations; is that correct?
Mr. Mensah: That's correct, Commissioner.
Vice Chair Russell: And we've spoken separately about which ones those are and why they're
de funded. The money that we're -- I mean de -allocating. The money that we're now
reallocating will be going to Big Brothers, Big Sisters; is that correct?
Mr. Mensah: Yes, that's correct.
Vice Chair Russell: And that is a very good cause and one that you all know that I support,
personally. But something came to my attention just this week that I'd like to bring up, and I
don't know if it applies to these sorts offunds, so I'd like to ask for your judgment on this, Mr.
Mensah. There was a letter -- and I believe the other Commissioners may have received it, but I
have a copy for each ofyou. We just learned that the State defunded the Little Havana Centers
[sic] -- which is basically the food supply for our senior centers in many of our districts, and I
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Meeting Minutes June 9, 2016
started hearing about this from UTD (United Teachers of Dade), which is a senior center in
District 2 that houses a lot of former teachers, and basically, they're losing their funding that
supplies their meals.
Mr. Mensah: That's correct.
Vice Chair Russell: I don't know what we can do about this, or what our position is to be able to
do about this, but I guess I'm -- I guess my question is: Is this the type of money that might be
moveable to something like that? And how much might that cost? Because if we have to wait for
another session to get back in for the State to think about this, it may be left on our shoulders to
help our seniors, and I just want to make sure before we allocate funds that we don't use up the
funds that we might have used for this, if this is a more urgent emergency.
Mr. Mensah: Yeah. Commissioner, I agree with you. You know, I learned about it and I
mentioned yesterday, because I didn't get a copy of that letter, and it's -- you know, one of the
things that I know the City Commission has always done is that every time when there is food
missing for many of our seniors, or there's funding that isn't available for any of our senior
organizations, the City Commission has always asked us; and also, even in the times when we
don't have any funds, the City Commission has always tried as much as possible to find funds so
that these seniors don't go hungry. Unfortunately, these type of funds is economic development
funding, which cannot be used for feeding of the elderly, which is a public service activity. As
you know, we have a cap of 15 percent, and so we can't go over that. You've already hit that cap
this year, and so these funds cannot be used for public service activities, and so there's nothing
that CDBG can do at this point. I think it's probably up to the Commissioners to see what they
can do in terms of saving the meals for these senior citizens.
Commissioner Gort: One of the things that we've been trying -- and Commissioner Carollo,
Francis Suarez and myself and the Mayor are going up to Washington, trying to change that
dedication of -- instead of 15 percent, 25 percent for social services, because the needs in our
community is tremendous. I mean, we just had a place close on Northwest 7th Street, in one of
the buildings where senior citizens lived. The meals there were taken out.
Vice Chair Russell: Understanding that this funding is not related to this, I'd like us to, I guess,
take -- I'll withdraw my comments about this, but I'd like to bring a -- possibly an emergency
discussion item right after this item to see if there's something we could or should do, if that's
possible, Mr. Chair.
Chair Hardemon: We typically don't handle emergency discussion items that affect our budget.
We can have a discussion about the item in general, because as I read through the letter, there
appears to be some back story to what they're discussing. And I can see that one of these towers
affects your district, so I'm willing to have the discussion but, you know --
Vice Chair Russell: Not take financial action.
Chair Hardemon: Correct.
Vice Chair Russell: Understood.
Chair Hardemon: Is there any further discussion on the item?
Commissioner Carollo: Yes, Mr. Chairman. I just heard about this yesterday. I was not aware
that it was actually the senior center in your district. I think it's -- I forgot the name of it but --
and the amount is about $500, 000?
Mr. Mensah: Yes.
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Vice Chair Russell: That's the citywide amount.
Commissioner Carollo: Citywide amount.
Commissioner Gort: Yes.
Commissioner Carollo: Is it -- so who is affected by this; which senior centers?
Vice Chair Russell: Casa Devon, Palermo Lakes, Palm Towers, Stella Maris (phonetic) and
UTD.
Mayor Tomas Regalado: Can I --?
Commissioner Gort: It affects a lot of the districts. It affects all the districts --
Mayor Regalado: Yeah.
Commissioner Gort: -- because they have distribution through all the City of Miami.
Mayor Regalado: Can I just say something to clarify? I think -- because I've been following
this, and there's only two in the City of Miami: UTD and Palermo. Stella Maris is on the Beach
and the other one, it's Unincorporated Miami -Dade County. This comes from Alliance for Aging
on the State of Florida, $300,000 that were cut to Little Havana Activity Center that operates
more than 20 dining rooms for seniors in different places; community center or building. So, in
Miami -- well, this is $300,000, and these are for two in the City of Miami; two outside the City
limits. And it's $300,000 from the Alliance of Aging on the State of Florida that was cut to Little
Havana Activity Center.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Yes.
Vice Chair Russell: I guess -- I'm sorry. I don't want to jump, because I -- I'll wait until we
finish with the current item.
Chair Hardemon: So let's do that. Let's go on with the first -- the current item. The item is
PH.2. Is there any further discussion on PH.2? The public hearing was opened and closed, so
all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.3 RESOLUTION
16-00591
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY")
Economic NEIGHBORHOOD STABILIZATION PROGRAM 3 ("NSP3") SUBSTANTIAL
Development AMENDMENT #2016.1, AS INDICATED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, REFLECTING AN ALLOCATION OF $1,987,894.00 IN
PROGRAM INCOME TO THE PROGRAM AND THE AMENDMENT OF THE
AREAS OF GREATEST NEED, TO INCLUDE THE AREAS OF THE CITY'S
INFILL PROGRAM, AND TO REMOVE AREAS WHICH CURRENTLY DO NOT
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Meeting Minutes June 9, 2016
QUALIFY; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S
NSP3 SUBSTANTIAL AMENDMENT #2016.1 TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW
AND APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
16-00591 Summary Form.pdf
16-00591 Notice to the Public.pdf
16-00591 Legislation.pdf
16-00591 Exhibit.pdf
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0280
Chair Hardemon: Next agenda item, PH.3.
Commissioner Suarez: By the way, we haven't even done our agenda, so.
Chair Hardemon: You're recognized for PH.3.
George Mensah: Good evening, Commissioners. George Mensah, director, Community &
Economic Development. PH.3 is a resolution of the Miami City Commission, approving the City
of Miami's Neighborhood Stabilization Program 3, NSP3, substantial amendment number
2016.1, as indicated in Exhibit "A, " attached and incorporated, reflecting an allocation of
approximately $1.9 million in program income to the program and the amendment of the areas of
greatest need, to include the areas of the City's Infill Program, and to remove areas which
currently do not qual; authorizing the City Manager to submit the City's NSP3 substantial
amendment to the United States Department of Housing and Urban Development for renew and
approval.
Chair Hardemon: I think this is very smart. It's very smart to do this. I'll open up the floor for
public hearing at this time. Is there anyone from the public that would like to speak on this item?
Seeing none, I'll close the public hearing? Is there a motion to accept?
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved by the Vice Chairman; second by --
Commissioner Carollo: Discussion.
Chair Hardemon: -- Commissioner from the fourth district. Any discussion on the item?
Commissioner Carollo: Yes, Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Mr. Director --
Mr. Mensah: Yes.
Commissioner Carollo: -- is there any stipulation written anywhere, whether HUD (Department
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Meeting Minutes June 9, 2016
of Housing and Urban Development) or our books, stipulating that we can only use three -- or
we can only have three items?
Mr. Mensah: You mean three areas?
Commissioner Carollo: Yes.
Mr. Mensah: No, there is no stipulation that it cannot be three areas. The issue we had was that
most of the areas don't qualifi, anymore, so it was difficult getting areas to qualify. We tried to
see whether we can get five areas, part in each district, and it was getting increasingly difficult to
do that.
Commissioner Carollo: So are you mean -- do you mean to tell me that in your opinion, East
Little Havana no longer qualifies?
Mr. Mensah: No, I will not say that.
Commissioner Carollo: Okay, then what I'm saying is don't take them out. I mean, I could even
see changing some of the boundaries, but -- and again, this doesn't mean that the money's going
to go there, but it gives the ability for a project that -- to happen, and then see if there's funding.
So my only request is do not take East Little Havana and Shenandoah out of the equation.
Mr. Mensah: I didn't -- that area didn't qualify any longer. That particular area -- remember,
we did a project there. The same area that we had used in the previous -- the first one, they did
not qualify any longer. That is the reason why we didn't -- that is the reason why we moved;
otherwise, we would have left those areas there.
Commissioner Carollo: Okay, but again, I started my questioning with: "Are you telling me
that East Little Havana no longer qualifies? And you said, "No, I wouldn't say that." So then
maintain East Little Havana as, you know, number four -- one of the four instead of none of the
three.
Mr. Mensah: Okay. Commissioner, the way I said "I wouldn't say that" is because, typically,
what we do is that we draw the boundaries and then HUD -- we use a software in HUD.com, and
it tells us whether the area qualifies or not. And we did a lot of iterations in that particular
neighborhood to see which part will qual, and we were having problems to that. But if it's
something that you want us to take a look at it again, I will go and take a look at it, and so --
Commissioner Carollo: Right, but I want to take a -- I want to maintain East Little Havana in
the mix for you to take a look at it. I don't want to take it out, especially when you clearly have
told me that, "No, you wouldn't say that East Little Havana no longer qualifies."
Mr. Mensah: I can't, because I don't have the tools to be able to make that determination.
Commissioner Carollo: Right, so let's keep it in there. And again, that doesn't mean that the
funding's going to go there, so there's really no harm, because for any monies to go there, the
project has to qualify and all that stuff
Mr. Mensah: That's true.
Commissioner Carollo: So that's all I'm saying; if we could go a friendly amendment keeping
East Little Havana and Shenandoah in the mix.
Mr. Mensah: Okay, no problem.
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Vice Chair Russell: That wouldn't affect the --?
Mr. Mensah: We have to use the tool to check whether it qualify. If it doesn't qualify, we'll have
to reach out to --
Commissioner Carollo: But it will not affect, Commissioner Russell. All it is, is if there's a
project that comes up that is ready to go, then it could be looked at for funding; if not, then
whatever other areas has a project ready to go, they would, you know, fund or look at. So -- and
all I'm saying is do not take East Little Havana out of the mix.
Mr. Mensah: Okay.
Chair Hardemon: I mean, for that matter, does Overtown fit the bill?
Mr. Mensah: Does Overtown fit the bill?
Chair Hardemon: What about Little Haiti?
Mr. Mensah: Commissioner, we are limited with population sizes, also. We cannot make it big,
and you can't make it in such a way that it becomes very difficult to -- unwieldly to manage. So
the last time we did it, it was actually about three or four areas we chose. So this time what we
did -- most of the areas that we chose didn't qual, so we've -- and it's $1.9 million
(UNINTELLIGIBLE). We chose the areas; Liberty City's one of them, Allapattah, and the West
Grove. Those are the three areas that we currently have that we believe -- but we will still
maintain the District 4 area. We'll go and check and see which area can qualifir and then we will
add it to it. But I would suggest that if we go to other areas, it's going to be increasingly difficult
for us to manage it.
Vice Chair Russell: I'm sorry? What would you recommend, if it were to go to --?
Mr. Mensah: No, I'm just saying, if we go -- if we try to take all areas of the City, it will be very
difficult to manage that particular process.
Chair Hardemon: All right. Are there --?
Vice Chair Russell: I would accept the amendment.
Commissioner Carollo: Right. And the only thing is, I'm not saying lidd. "I'm just saying
Ihaintain'East Little Havana.
Vice Chair Russell: So it was in there before?
Commissioner Carollo: Yes, it was.
Mr. Mensah: Yes, it was in there before, yeah.
Commissioner Carollo: But when you really look at it, East Little Havana really didn't receive
any NSP. I know Pinego did in District 4, but that's really -- that's --
Mr. Mensah: (UNINTELLIGIBLE) that is where --
Commissioner Carollo: That's Shenandoah.
Mr. Mensah: -- the program came from.
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Meeting Minutes June 9, 2016
Commissioner Carollo: Right.
Mr. Mensah: The program income came from.
Commissioner Carollo: That's the Shenandoah area.
Mr. Mensah: Yes.
Commissioner Carollo: But what's on the books right now is a Shenandoah/East Little Havana
area, which some may argue may not really be East Little Havana, but still.
Mr. Mensah: Okay.
Chair Hardemon: Does the mover and seconder accept the amendment?
Vice Chair Russell: Yes.
Commissioner Suarez: Yeah.
Chair Hardemon: Yes? All right. Any further discussion? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Todd B. Hannon (City Clerk): As amended.
PH.4 RESOLUTION
16-00678
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
Management GRANT OF EASEMENT AND ABSOLUTE BILL OF SALE FOR
IMPROVEMENTS MADE ON THE SAME, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE MIAMI-DADE COUNTY WATER AND SEWER
DEPARTMENT ("WASD"), A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, FORA PERPETUAL, NON-EXCLUSIVE EASEMENT OF
APPROXIMATELY ELEVEN THOUSAND SEVEN HUNDRED SEVEN (11,707)
SQUARE FEET OF CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN
AS THE MIAMI OUTBOARD CLUB AND LOCATED AT WATSON ISLAND,
1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA 33132, FOLIO NUMBER
01-3231-000-0013, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED ("PROPERTY"), FOR WASD TO
CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN,
RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT
WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL
APPURTENANCES THERETO, INCLUDING, BUT NOT LIMITED TO, FIRE
HYDRANTS, AND/OR SEWAGE TRANSMISSION AND COLLECTION
FACILITIES AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT,
PRIVILEGE AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR
DEMOLISH, AS MAY BE NECESSARY, TO CARRY OUT ANY RIGHT
GRANTED HEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND
EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION
SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED.
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PH.5
16-00739
District 4-
Commissioner
Francis Suarez
16-00678 Summary Form.pdf
16-00678 Notice to the Public.pdf
16-00678 Back -Up Document.pdf
16-00678 Pre-Legislation.pdf
16-00678 Legislation.pdf
16-00678 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0281
Chair Hardemon: PH.4.
Commissioner Carollo: Thank you.
Daniel Rotenberg (Director): PH.4. Good evening. Daniel Rotenberg, Department of Real
Estate & Asset Management. PH.4 is a resolution authorizing the City Manager to execute
utility easement for improvements at the Miami Outboard Club that's being executed WASD,
Water and Sewer Department, from the County. This does have a reverter like all of our other
easements.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded to accept PZ.4 [sic]. Is there anyone from the
public that would like to speak on this item?
Vice Chair Russell: PH.4.
Chair Hardemon: Seeing none, I will close the public hearing on PH.4. Any discussion from the
dais? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE
CITY OF MIAMI'S ANTI -POVERTY INITIATIVE FUNDS, ACCOUNT NO.
00001.98000.882000.0000.00000, IN THE TOTAL AMOUNT OF $90,000.00 TO
SUNSHINE FOR ALL, INC. FOR ELDERLY MEALS ASSISTANCE;
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Meeting Minutes June 9, 2016
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE.
16-00739 Letter - Manager's Approval.pdf
16-00739 Notice to the Public.pdf
16-00739 Corporate Detail.pdf
16-00739 Back -Up from Law Dept.pdf
16-00739 Legislation.pdf
16-00739 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0282
Chair Hardemon: PH.5
Commissioner Suarez: Thank you, Mr. Chair. PH.5 is an allocation from the antipoverty
initiative funds. And as I've said in the past, my allocations of my district antipoverty initiative
funds were focused on projects and services that help poverty among three groups: Children,
unemployed or underemployed adults, and the elderly; last year I provided funds to Sunshine
For All, Inc. for the provision of meals to elderlies and residents in my district. Today, earlier,
we had an item on the agenda that was struggling to do similarly in other districts. I can think of
few better ways to assist our elderly population who live on a fixed income and immensely
modest income than providing them access to a meal. Therefore, I am requesting that -- I am
reinvesting the antipoverty initiative funds in our elderly population by providing Sunshine with
90,000 to be used towards elderly meals assistance. So I move the item.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the public that
would like to discuss this item? Seeing none, I'll close the public hearing at this time. Any
further discussion from the dais? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Suarez: Thank you, Mr. Chair.
PH.6 RESOLUTION
16-00781
District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Francis Suarez AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING THAT COMPETITIVE
NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS PURSUANT TO SECTION 18-85 (A) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE
CITY OF MIAMI'S ANTI -POVERTY INITIATIVE FUNDS, ACCOUNT NO.
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00001.98000.882000.0000.00000, IN THE TOTAL AMOUNT OF $100,000.00
TO STARDOM UP, INC. FOR YOUTH TECHNOLOGY ENGAGEMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE.
16-00781 Letter - Manager's Approval.pdf
16-00781 Notice to the Public.pdf
16-00781 Corporate Detail.pdf
16-00781 Back -Up from Law Dept.pdf
16-00781 Legislation.pdf
16-00781 Exhibit.pdf
16-00781-Submittal-Luis Martinez -Stardom Up-PowerPoint Presentation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0283
Commissioner Suarez: The next item is PH.6, and it's another allocation; and as I mentioned in
the last allocation, one of my areas of focus is children. And I've also mentioned that -- and I've
allocated funds for the growing future of a technology -based economy in the City of Miami, and
providing at -risk children with technology -based education at the elementary school level so that
they can compete in tomorrow's economy. The goal is to alleviate poverty, as far as this project's
concerned, by equipping at -risk children with technology -based skills that they can later
leverage through higher education and, ultimately, gainful employment. I did it last summer and
this spring through camps in partnership with Venture Hive, with whom we continue to explore
other programs. Through this particular allocation, my district is partnering with "Stardom
Up" to bring its program and platform to Shenandoah Middle School and provide 6th, 7th, and
8th graders with an awareness and continuous engagement in technology entrepreneurship at
the middle school level, which is the area where I've targeted -- where I think we can make the
most progress. The Stardom Up program is going to provide an enormous benefit to my district
and has the potential to become a citywide platform that helps us reach our mission as a city
government to reach our collective potentials in the technology space. While there is significant
focus on a top -down approach in bringing technology companies to the City, we also need to
focus on expanding and ensuring our technology foundation is solid by, number one, helping
students engage in technology in ways that ensure their success; number two, creating closer ties
between them to the community which helps retain our most talented students; and number three,
creating equality through opportunity. The Stardom Up platform has already worked with
Miami -Dade County Public Schools, been vetted by their leaders, and in a partnership that can
be used to reach a wide amount of students. The grant is in the amount of $100, 000. And we
have here Luis Martinez, Stardom Up's founder and executive director, to discuss the partnership
in a little more detail. It should be a brief presentation. And I move the item, as well.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. I'll open up the public hearing. You'll be
the first person to present or speak.
Luis F. Martinez: Thank you, Mr. Chair. We're waiting for IT (Information Technology) to
connect that. I could potentially just go through and --
Commissioner Suarez: He's coming.
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Mr. Martinez: He's coming. Again, thank you for the floor. Again, my Luis F. Martinez. I'm
the executive founder and -- the executive director and the founder of Stardom Up. This will be a
very brief presentation. From firefighters to dragon boats, we've learned a lot here today. So we
will make this relatively brief We have a big opportunity. This is a critical point in the tech
ecosystem here in Miami -Dade County. The opportunity gap is something a lot of you talk about
on a consistent basis. That really starts with technology being talked about in terms of
something that can be a great equalizer. Instead of it being a great equalizer, a lot of privileged
students are being brought into these different programs, and the opportunity gap is actually
getting wider. We'11 talk a little bit about our -- why our solution of blended online and in person
platform actually shrinks the opportunity gap. Our platform is partly in person, where we
actually are embedded into Miami -Dade County Public Schools. We bring in people who are
actually within the tech ecosystem already here in Miami -Dade County into the actual public
schools. We focus on specifically vulnerable and previously or traditionally disenfranchised
students, and we introduce technology to them. We go beyond that, however. We're very excited
that in the next year, especially through these funds, we'll be able to bring technology and the
awareness of technology through core subjects, so we are working with science departments,
engineering departments, et cetera, within various middle schools to actually bring that
technology awareness to these students. Finally, we have the students register through our
electronic platform, which finally gives us an opportunity to connect all of these different things
being done throughout the community; bring these students together; allow them to build their
profiles and continuously build their profiles so that, eventually, they can stay here in our tech
ecosystem as opposed to go to San Francisco, to New York, et cetera, and we have continuous
brain drain here. Our team is pretty broad. We are all related to this start-up community; or,
specifically, you know, we work with shrinking the opportunity gap. This is our contact
information, and I'll be glad to answer any questions if anyone might have any.
Commissioner Suarez: Thank you. Mr. Chair, I think it's an awesome program, and I would
encourage not only, you know -- obviously, we're doing it robustly in our district, but I would
encourage you to look at it for your districts, as well. I think there isn't anything better that we
can do as a government in our City than give our children, particularly, you know, in an urban
city like ours, the educational tools to succeed in tomorrow's economy. And we do a lot in
training for construction job, and we do a lot in training for hospitality jobs, and those are good
jobs. Those are jobs, and they help -- there are many people that have succeeded and gone very
far in those jobs; but tomorrow's jobs, to compete globally, are going to be technology -based
jobs, and we need to prepare our students for that world, for that reality, and we need to do what
we can investing in that, and I think that's one of the most powerful ways to alleviate poverty.
Chair Hardemon: Thank you very much. Is there any other person from the public that'd like to
speak on that item? Hearing none, I'll close the public hearing. Commissioners, any further
discussion? Seeing none, all in favor, say aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you.
Mr. Fernandez: Thank you very much.
END OF PUBLIC HEARINGS
FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading
16-00154
Office of the City
Clerk
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE XI/DIVISION 2/SECTION 2-884 OF THE CODE OF THE CITY OF
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City Commission
Meeting Minutes June 9, 2016
MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS
FOR CREATION AND REVIEW OF BOARDS GENERALLY/MEMBERSHIP ON
BOARDS", TO CLARIFY LANGUAGE AS TO THE REQUIREMENT THAT
MEMBERS OF CITY OF MIAMI BOARDS ARE REQUIRED TO RESIGN FROM
A BOARD POSITION UPON SEEKING TO BECOME A CANDIDATE FOR
ELECTIVE POLITICAL OFFICE, AND AMENDING CHAPTER 16/SECTION
16-6 OF THE CITY CODE; ENTITLED "ELECTIONS/CANDIDATE
QUALIFICATIONS; AFFIDAVIT, AND FORM THEREOF, REQUIRED OF
CANDIDATES FOR OFFICE OF COMMISSIONER OR MAYOR; FINDING
CANDIDATE UNQUALIFIED; FAILURE TO SUBMIT AFFIDAVIT;
AUTHORIZATION FOR CITY CLERK TO PURSUE JUDICIAL DECLARATION",
TO DELETE CERTAIN LANGUAGE RELATING TO CITY BOARD MEMBERS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
16-00154 Memo - City Clerk.pdf
16-00154 Legislation SR/FRv3 (06-09-16).pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
Chair Hardemon: Next?
Todd B. Hannon (City Clerk): Good evening, Commissioners. FR.1 is an ordinance moving
from an obscure part of the Code to a more prominent section of the Code the conditions under
which a City of Miami board member has effectively resigned from their seat when running for
elected office.
Commissioner Suarez: Move it.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded. Anyone from the public want to
speak on this item? Seeing none, I'll close the public hearing. Any further discussion? Hearing
none --
Mr. Hannon: It is an ordinance.
Commissioner Carollo: Ordinance.
Chair Hardemon: Resolution -- ordinance. I'm sorry.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item FR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
FR.2 ORDINANCE First Reading
16-00562
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Meeting Minutes June 9, 2016
Department of
Planning and Zoning
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ZONING AND PLANNING", MORE SPECIFICALLY CREATING A
NEW ARTICLE XVI ENTITLED "ART IN PUBLIC PLACES PROGRAM";
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
16-00562 Summary Form SR.pdf
16-00562 Back -Up Documents.pdf
16-00562 Legislation SR v2.pdf
16-00562-Submittal-Planning Department -Letters of Support.pdf
16-00562-Submittal-Maite Alvarez -Letter of Exemption.pdf
16-00562-Submittal-Efren Nunez -Art In Public Places PowerPoint Presentation.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Russell, Suarez and Hardemon
Absent: 2 - Commissioner(s) Gort and Carollo
Chair Hardemon: All right. Now, FR.2. Board Member, you're recognized.
Vice Chair Russell: I'll move --
Commissioner Suarez: Move it for discussion.
Chair Hardemon: It's been properly moved --
Vice Chair Russell: Second.
Chair Hardemon: -- and seconded for discussion.
Commissioner Suarez: Go ahead. You go ahead.
Chair Hardemon: Yeah. One of the first things I just wanted to say is that -- one of the things
that I noticed on this thing -- this is probably one of the most exclusive clubs that I've ever seen
within the City of Miami. I haven't seen a board that required from its members as much as this
board requires, and there may be some; maybe, I don't know. But for instance, this says that
each board member -- and I'm reading from the qualifications, part 4(b), page 415. It reads on
part "b ": Each board member must be knowledgeable and have a Bachelor's, Master's, or
Doctorate Degree from an accredited university in one of the following identified fields: Fine
arts, art, education, museum curation, architecture, art history I mean, it goes on and on and
on. And what's interesting about that is that most of -- I can't say that and know it be true, but
from what I've seen, many great artists in the world didn't have any of those things, and so -- you
know, Purvis Young from Overtown didn't have that thing, and his work is worth millions of
dollars, and that's just someone recent; not to talk about people from, you know, way back when,
and I don't -- (UNINTELLIGIBLE) even Romero Brito; does he have a college degree? I'm not
sure. I don't think so. So he couldn't even be on the body, technically, with the way this thing
(UNINTELLIGIBLE) done.
Daniel J. Alfonso (City Manager): Yeah, we're certainly not art critics ourselves, so we couldn't
be on this board. The good thing is that the artists don't necessarily have to have the degrees,
but the people who call themselves critics usually do, and that's why that's a requirement. I think
this is also following the County ordinance, sir. This particular requirement is to be in
compliance with the County ordinance.
Chair Hardemon: That's cute.
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Meeting Minutes June 9, 2016
Vice Chair Russell: But we -- in that -- you mean that we would become in noncompliance if we
relax that restriction?
Chair Hardemon: Correct.
Vice Chair Russell: But we could always add a seat to the board, as we did on the Sea Level
Rise Committee, for example.
Chair Hardemon: Add one (UNINTELLIGIBLE) more than -- well --
Francisco Garcia (Director, Planning & Zoning): I don't see why not. And so to describe it
perfectly, and not to sort of use that as a crutch, because that's not the intent at all, what we will
tell you is that in drafting this ordinance, we have had to very carefully vet it with the County so
that they will consent to us having our own program in the first place. And what they have said
to us is, The ordinance, in its present state, complies with our tenets, so go ahead and do it, 'and
we've received their letter of support. That said, if there are some particular elements that are of
concern -- and we're here to hear from you on that -- we can certainly approach them about
ways to addressing the concerns you've expressed; and one such way, as I think has been
suggested, is to either add members to the board or begin to substitute some of the criteria by
others that would achieve the same intent, and we're very, very open to doing that.
Commissioner Suarez: And -- May I, Mr. Chair?
Chair Hardemon: Yes.
Commissioner Suarez: My issue is you have an Arts and Entertainment Board already.
Mr. Garcia: Right.
Commissioner Suarez: So I just don't want to see a continued proliferation of the boards when
we're struggling to staff the current boards that we have, in a sense, right? And then the other
one that came to my mind as to whether or not there would be any interaction here is -- you
know, I helped -- I had proposed a board that this Commission approved, which was the
Beautification Committee, which still hasn't been constituted for lack of members. I'm looking at
you, buddy.
Vice Chair Russell: Working on it.
Commissioner Suarez: Okay.
Vice Chair Russell: A lot of resumes.
Commissioner Suarez: Okay. So -- but the point is that, to me, beautification is -- it's not art in
the classic sense, but it goes to the aesthetic experience that we're having in the City. And when
we talk about Coral Gables, for example, you know, I think -- I'm often upset about the fact that I
feel like we don't measure up sometimes to the aesthetic experience when you cross 37th Avenue.
You know what I mean? And it's like, you know, 37th Avenue, and then it's Miracle Mile, you
know -- It's a Miracle -- and they're going to invest a lot in Miracle Mile. So, you know, I -- to
me, beautification is a big issue. We don't -- I don't think we fund beautification enough. I've
talked about it in every single budget hearing. And, you know, if you would have generated $10
million this year, you know, that's something to think about. We have an Arts and Entertainment
Council board, you know, that can act as the MPO (Metropolitan Planning Organization), if you
will, for how we spend this fund -- these funds. We have a Beautification Committee. Should
they be allowed to tap into this? You know, et cetera, et cetera. So, they were just thoughts.
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Yeah.
Vice Chair Russell: I have a comment to add.
Commissioner Suarez: Yeah, yeah. Go ahead.
Vice Chair Russell: If I could follow through? So 70 percent of it goes to actual installation,
removal, appraisal, collection, procurement, all of that, and this board that would get created
could be tasked with that specifically; whereas, the other 5 percent and the other 10 percent
could go to those other two boards for their oversight, and so that they're not -- we're not
duplicating or replicating the work, because the Arts and Entertainment Council isn't necessary
[sic] an art procurement board for placing sculptures. And, in fact, I think they're being very
generous with their request of 2.5 when 5 is on the table here. Clearly, they've been very efficient
over the last few years and done a lot with very little, but I would say that they've --
Commissioner Suarez: Done a lot with nothing.
Vice Chair Russell: -- they are, perhaps, perfectly tasked with being the ones to actually manage
that entire section of paragraph 4. If they don't need 5 percent -- let's say it's 2.5, and the other
2.5 goes back into the 70 or into the historic side. But I think when they see the potential of what
their board could accomplish when tasked with all that's in this paragraph, not as a recipient of
a grant, but actually to be the ones tasked with managing this section of this issue could be
tremendous, so -- but what I would not want to see is 2.5 gets managed by them for grant writing
and such, and then 2.5 gets tasked with the other board that's -- now we're starting to duplicate
and become redundant. So I'd say we, you know, pick a horse and stick with it. But everything
else, I think we're coming to something good here. Have we a motion on this?
Chair Hardemon: We don't have a motion.
Todd B. Hannon (City Clerk): Yes, sir. It was moved by Commissioner Suarez; seconded by
Commissioner Russell.
Chair Hardemon: Yeah? Well, Mr. Francisco, I disagree with you where you say we can add
members to this, because when I read this, if we wanted to add members, each member would
have to still then abide by those rules, which is point -- what is it? -- 4(a)(b) -- point 4(a) and (b),
which is: Each member must be a resident of the City of Miami, has interest and knowledge of
the visual and performing arts and artistic development of the City. "And then point B,'ivhich is
what I previously stated, Oach member. "So even if I wanted to add someone who, you know, was
different from that, each one would have to fit that. Yes.
Mr. Garcia: And so, I think I can address two points in the same answer, if I can try. To your
point now, what I would say is we would go back to the County and argue the following: We
would say, We certainly, and this ordinance have complied with your minimum criteria. "And in
addition to that, we want to add the possibility of additional members to provide the board with a
more well-rounded characteristic that is desirable in Miami. I'd certainly love to speak with the
County about that, and I think we will have complied with the intent and, therefore, it should be
acceptable. And if that should not be the case, we will certainly report back, and we will work
from there. On the other hand, the suggestion we've heard as well -- and I'd like to take a
moment to commend the Arts and Entertainment Council for doing outstanding work with limited
resources. I'd like to dovetail a statement about the proposal that I've heard from Commissioner
Russell. Strictly speaking, that proposal would also run afoul of complying technically and
exactly with the requirements of the County. However, because I think the intent is the thing --
and the County is very willing to work with us to achieve the same intent in different ways. There
are different municipalities within the County. One could simply -- and what I've heard, by the
way, from the members of Arts and Entertainment Council that have spoken today is that -- is
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City Commission
Meeting Minutes June 9, 2016
two issues: One that has to do with scope of review, which is the one you bring to the floor,
Commissioner Russell, as well; and the other one has to do with funding. And so what we would
like to then explore is how we can take advantage of the resources that we have presently in the
Arts and Entertainment Council and have them inform this process, and also ensure that some of
the funding is directed to them for them to continue to do their good work. What it will require
from us, however, to tailor the ordinance to accomplish that is to take a stab at it certainly in
conversation with the members that we've heard from today and in conversation with you, and
ultimately present it to the County for their ultimate approval. We do need the County's blessing
before we can bring it back to you on second reading, but we will do that.
Vice Chair Russell: Question, ifI may: Does the end expenditure come before Commission, or is
the end decision that of the board, where the money goes?
Mr. Garcia: The board is charged with making final decisions on those.
Vice Chair Russell: Okay. So we would not then, as a Commission, see it and approve the
expenditure?
Mr. Garcia: They are the subject matter experts.
Vice Chair Russell: Okay.
Chair Hardemon: Any further discussion on the item? Hearing none, it's an ordinance.
Barnaby Min (Deputy City Attorney): Mr. Chair, just to clam, are there any proposed
amendments to the ordinance, or it is being adopted as currently drafted?
Chair Hardemon: No, I don't see any proposed amendments. I think it's being adopted --
Mr. Min: Thank you.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item FR.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 3-0.
FR.3 ORDINANCE First Reading
16-00762
City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
40, ARTICLE IV, DIVISION 3, OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND
RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST", MORE PARTICULARLY
BY AMENDING SECTION 40-249, TO ALLOW FOR OPT OUT PROVISIONS
WITH REGARD TO THE STAFF OF ELECTED OFFICIALS FROM
MANDATORY PARTICIPATION IN EITHER THE CITY'S PENSION PLAN OR
THE CITY'S DEFINED CONTRIBUTION PLAN; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
16-00762 Summary Form SR.pdf
16-00762 Legislation FR/SR.pdf
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Meeting Minutes June 9, 2016
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
Chair Hardemon: FR.3.
Daniel J. Alfonso (City Manager): FR.3, Commissioners, is an ordinance of the City of Miami
where we are requesting to amend the City Code so that staff that works for elected officials have
the option to opt out of the GESE (General Employees and Sanitation Employees) Pension Plan.
Commissioner Suarez: Move it.
Chair Hardemon: It's properly moved.
Commissioner Suarez: That's not RE.3, though.
Mr. Alfonso: No, FR.3.
Todd B. Hannon (City Clerk): FR.3.
Vice Chair Russell: FR.3.
Commissioner Suarez: Oh, I'm sorry. Okay. My apologies. Move it.
Chair Hardemon: It's been properly moved --
Vice Chair Russell: Second.
Chair Hardemon: -- and seconded by the Vice Chairman. Any further discussion --
Mr. Alfonso: An ordinance.
Chair Hardemon: -- about this item?
The Ordinance was read by title into the public record by City Manager Daniel J. Alfonso.
Mr. Hannon: And before we proceed with the roll call, Chair, would you like to open up your
public hearing?
Chair Hardemon: Is there anyone from the public that would like to speak on this item?
Commissioner Suarez: He's been saying like regularly on the other items, like, Does anyone
want to speak on this item?"
Chair Hardemon: Hearing none, I'll close the public hearing.
Commissioner Suarez: Yeah. He hasn't said it quite like that, but he's generally said it. Does
anyone want to speak on this item?"
Mr. Hannon: My apologies; I'm kind of set in my ways.
Commissioner Suarez: It's okay. No, no, no. Listen --
Mr. Hannon: Item --
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RE.1
16-00681
Commissioner Suarez: -- I was thinking that you were thinking that, but you didn't mention it, so
I let it go.
Mr. Hannon: Roll call on item FR.3.
A roll call was taken, the result of which is stated above.
Chair Hardemon: The ordinance passes on first reading, 4-0.
Chair Hardemon: Thank you very much.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RESOLUTION
SEOPW Community A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Redevelopment ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED ANNUAL
Agency GENERAL OPERATING AND TAX INCREMENT FUND BUDGET OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY, ATTACHED AND INCORPORATED, IN THE AMOUNT OF
$49,235,546.00, FOR THE FISCAL YEAR THAT COMMENCED OCTOBER 1,
2015, AND ENDS SEPTEMBER 30, 2016.
16-00681 Memo - SEOPW CRAAmended Tax Increment Fund.pdf
16-00681 Back -Up Document.pdf
16-00681 Legislation.pdf
16-00681 ExhibitA.pdf
16-00681 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Russell, Suarez and Hardemon
Absent: 2 - Commissioner(s) Gort and Carollo
R-16-0269
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: RE.2, our executive director of the Omni CRA (Community Redevelopment
Agency) has been here all day, hoping to get that amended budget adopted. Is that something we
could hear at this point?
Chair Hardemon: So is RE.1.
Vice Chair Russell: Yeah. Oh, he has -- (UNINTELLIGIBLE).
Chair Hardemon: Yeah.
Barnaby Min (Deputy City Attorney): Mr. Chair, only for clarification, Section 2-33 of the City
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Meeting Minutes June 9, 2016
RE.2
16-00768
OMNI Community
Redevelopment
Agency
Code states that the meeting adjourns at 10 o'clock, unless it's a unanimous decision of the
current members to continue.
Chair Hardemon: Right. I'm assuming that if no one walks out, then it's unanimous. You're
recognized, sir. RE.1.
Miguel Valentin: Yes. Good evening, Commissioners. Miguel Valentin, CRA financial officer.
This is a resolution of the Miami City Commission, with attachments, accepting and adopting the
amended annual general operating and tax increment fund budget of the Southeast
Overtown/Park West Community Redevelopment Agency, attached and incorporated, in the
amount of $49,235,546, for the fiscal year that commence October 1, 2015 and ends September
30, 2016. This is the budget that was already approved by the CRA Board, and now we are
looking for the acceptance by the City Commission.
Commissioner Suarez: Move it.
Chair Hardemon: Properly moved --
Vice Chair Russell: Second.
Chair Hardemon: -- and seconded. Any further discussion? Hearing none, all in favor, say
aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING AND ADOPTING THE AMENDED BUDGET
OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY
REDEVELOPMENT AGENCY ("OMNI CRA"), ATTACHED AND
INCORPORATED, AS EXHIBIT "A", FOR THE FISCAL YEAR THAT
COMMENCES ON OCTOBER 1, 2015, AND ENDS SEPTEMBER 30, 2016
("AMENDED BUDGET"), AS APPROVED BY THE OMNI CRA'S BOARD OF
COMMISSIONERS.
16-00768 Summary Form.pdf
16-00768 Back -Up Document.pdf
16-00768 Legislation.pdf
16-00768 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0270
Chair Hardemon: RE.2. Sir, you're recognized.
Jason M. Walker (Non -City Approver, Midtown/Omni): Thank you, sir. Same thing he said; we
passed this budget at the CRA Board meeting --
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RE.3
16-00648
Department of Parks
and Recreation
Commissioner Suarez: (UNINTELLIGIBLE).
Chair Hardemon: (UNINTELLIGIBLE) --
Mr. Walker: I'm sorry.
Chair Hardemon: -- yourself for the record, please.
Mr. Walker: Jason walker, Omni CRA executive director, 1401 North Miami Avenue. This is the
adoption of the amended budget that was passed by the CRA Board in May.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Carollo: Second. Discussion.
Chair Hardemon: Any discussion about this item? You're recognized, sir.
Commissioner Carollo: Yes. Same thing that I said during the CRA meeting, which was
regarding that in the present budget, there is nothing with regards to Museum Park, which we'll
take up at a later time.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS
RECEIVED APRIL 6, 2016, PURSUANT TO INVITATION FOR BID NO.
602384, FROM COMMERCIAL ENERGY SPECIALISTS, INC., AND
PRO -STAR POOL SUPPLIES, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS, TO PROVIDE POOL CHEMICALS AND BULK
LIQUID CHLORINE, ON AN AS NEEDED CONTRACTUAL BASIS, FORA
PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL
SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST
INTEREST OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY FOR SAID PURPOSE.
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16-00648 Summary Form.pdf
16-00648 Memo - Manager's Approval.pdf
16-00648 Bid Tabulation.pdf
16-00648 Corporate Detail.pdf
16-00648 Bid Response.pdf
16-00648 Invitation for Bid.pdf
16-00648 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0271
Chair Hardemon: RE.3.
Daniel J. Alfonso (City Manager): RE.3, Commissioners, is a resolution accepting bids for pool
chemicals in our -- used in our parks.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved --
Commissioner Carollo: Second.
Chair Hardemon: -- and seconded. Is there any discussion from the dais? Seeing none, I'll
open the floor for public hearing; closing it, seeing no people want to speak. All in favor, say so
by saying, Aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.4 RESOLUTION
16-00671
Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Improvement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
Programs/Transportat AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
ion ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATKINS NORTH
AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT
SERVICES, INCREASING THE PSA BY AN AMOUNT NOT TO EXCEED
$1,100,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT
FROM $4,035,000.00 TO AN AMOUNT NOT TO EXCEED $5,135,000.00;
ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE
CAPITAL IMPROVEMENT PROJECTS.
16-00671 Summary Form.pdf
16-00671 Memo - CITP.pdf
16-00671 Corporate Detail.pdf
16-00671 Pre-Legislation.pdf
16-00671 Legislation.pdf
16-00671 Exhibit.pdf
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Meeting Minutes June 9, 2016
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0272
Chair Hardemon: RE.4.
Daniel J. Alfonso (City Manager): RE.4, Commissioner, is a increase to the contract capacity
with Adkins North America, which is the firm that we use to do project planning and design.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the public that'd
like to speak on this item? Seeing none, I'll close the public hearing. Any further discussion
from the dais? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.5 RESOLUTION
16-00704
City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
PUBLIC BENEFITS AGREEMENT FOR FIRE STATION ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND BRICKELL CITY CENTRE PROJECT LLC ("DEVELOPER"),
FOR THE PROVISION BY THE DEVELOPER OF A FIRE STATION LOCATED
WITHIN THE VICINITY OF THE BRICKELL CITY CENTRE SPECIAL AREA
PLAN PROJECT ("PROJECT"), IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY
BE NECESSARY TO EFFECTUATE THIS RESOLUTION.
16-00704 Summary Form.pdf
16-00704 Legislation.pdf
16-00704 Exhibit.pdf
16-00704-Submittal-Commissioner Frank Carollo-Letter-Fire Station at Brickell.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0273
Chair Hardemon: RE.5.
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Meeting Minutes June 9, 2016
Daniel J. Alfonso (City Manager): RE.5, Commissioners, is a resolution codifying the fact the
Swire next development will include 6,500 square feet of space to be fit as a fire station for use
by the City of Miami Fire Department and allocating eight spaces in parking for our staff to use,
and requiring us to make a common area payment; it's $2 a square foot, plus a small growth in
the future premiums. It is a very advantageous deal for the City of Miami, and I recommend
passage.
Commissioner Carollo: Move it.
Commissioner Suarez: Move it. Second.
Chair Hardemon: It's been properly moved and seconded. Anyone from the public that would
like to speak on this item? Seeing none, I'll close the public hearing.
Commissioner Carollo: Discussion.
Chair Hardemon: Any further discussion?
Commissioner Carollo: Yes.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Mr. Chairman, two things. First of all, I want to put for the record a
letter that I received in representation of Swires [sic] Property with regards to this fire station
back in October of 2015. And I just want to thank Steve Owens and Swires [sic] for honoring
their commitment; and I appreciate that we finally got, in writing, an agreement in order to bring
a fire station that I think is very well needed in that area. Thank you.
Victoria Mendez (City Attorney): Commissioners, I just wanted to advise you that, thanks to
Commissioner Carollo, this wasn't something -- it was aspirational, but there was nothing that
was actually written for this, so this was negotiated after, without any, you know, likelihood for
success, so we were able to get this, and it's greatly appreciated for the Commissioner to bring it
to our attention.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.6 RESOLUTION
16-00684
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DIRECTING THE CITY MANAGER TO DESIGNATE AS A
PLAY STREET THE PORTION OF SOUTHEAST 25TH ROAD, MIAMI,
FLORIDA THAT IS CURRENTLY UNPAVED OPEN GREEN SPACE ABUTTING
BISCAYNE BAY, MIAMI, FLORIDA, PURSUANT TO SECTION 35-5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER
DIRECTING THE CITY MANAGER TO TRANSFER ALL CONSTRUCTION,
MAINTENANCE, AND UPKEEP OBLIGATIONS OF SAID PLAY STREET TO
THE CITY OF MIAMI PARKS AND RECREATION DEPARTMENT.
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Meeting Minutes June 9, 2016
16-00684 Back -Up from Law.pdf
16-00684 Legislation.pdf
16-00684 Exhibit.pdf
16-00684-Submittal-Public Works-Map.pdf
SPONSORS: VICE CHAIRMAN KEN RUSSELL
COMMISSIONER FRANCIS SUAREZ
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0274
Chair Hardemon: RE.6.
Commissioner Suarez: Move it. Discussion.
Chair Hardemon: Properly moved --
Commissioner Carollo: Second.
Chair Hardemon: -- and seconded. I'll open up the floor for public hearing on RE.6.
Commissioner Suarez: Thank you, Mr. Chair. So RE.6 is -- it's an item co -sponsored by myself
and the Vice Chair. It's on the end of 25th Road, and the Administration is -- it's not something
that's designatable as a park, but it acts as a park at the end of 25 -- I know the area very well,
because that's where my parents live and that's where Ilived for a period of time, but it -- that
park, in particular, has sort of deteriorated a little bit, or that green area has deteriorated a little
bit; and the seawall, in particular, has -- is in very bad condition, and so the -- on the item today
that I -- you know, that I stated a conflict -- I know we got an infusion of -- that the Commission
vote -- I know we got an infusion of money. I know some of which is -- since it's over half a
million, some of which will go into the Transportation Trust Fund, I presume, but the other of
which could be used potentially to fix this seawall, which really needs to be fixed. So I would,
you know, urge you to explore that, Mr. Manager, with the support of the board, because it
really, really needs to be looked at. There's parts of the seawall that are falling off, and it's
dangerous.
Vice Chair Russell: Right at the end of25th?
Commissioner Suarez: Yes. And by the way, the neighboring building has complained about it,
as well.
Chair Hardemon: Any further discussion on this item?
Vice Chair Russell: Yes. So this is where we're designating a play street that the -- that is the
power of the Manager to do; in this case, we're directing it, and who manages this? It's not
actually a park, technically, correct? It's called a "play street." Does Parks manager, or does
Public Works manage it?
Daniel J. Alfonso (City Manager): We're going to let Parks do it, sir. It's up for us --
Commissioner Suarez: That's a good idea.
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Meeting Minutes June 9, 2016
RE.7
16-00561
Department of
Planning and Zoning
Mr. Alfonso: -- it's for us to decide whether we assign the cleanup and maintenance to Parks or
Public Works; we could. We just -- we'll assign it to Parks. And I want to point out also that on
the backup, if you look at the actual map, it says, "Southeast 25th Road, " but on the heading it
says, "Southwest 25th Road." That's a typo. Southeast 25th Road.
Vice Chair Russell: Southeast.
Commissioner Suarez: Can I just ask -- add one last thing? Could you bring back an item --
could we bring back an item with a report on the seawall -- on that seawall? Because I think you
should know.
Mr. Alfonso: We can bring back an item, sir. I think what we would do with the seawall is on
our next cycle of funding requests from Florida Inland Navigation --
Commissioner Suarez: That's a good idea.
Mr. Alfonso: -- that would be a project that we could try to tackle.
Commissioner Suarez: Yeah. And it still requires a 50 percent match, right, from the City?
Mr. Alfonso: Right.
Commissioner Suarez: So I mean, I think it's important for us to start identifying the funds,
because it's in pretty bad shape.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Victoria Mendez (City Attorney): Chairman, just in case, as amended,'because I'm not sure if the
exhibit, even though the proper information was in the heading and in the title -- I just want to
make sure that if the exhibit that says Southwest,'then we amend it to say Southeast. "So, if
possible --
Chair Hardemon: (UNINTELLIGIBLE) objection, it will reflect as amended.
Ms. Mendez: Thank you.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING RESOLUTION NO. 15-0153, ADOPTED
MARCH 26, 2015, IN ITS ENTIRETY, AND RESTATING SUPPORT TO THE
MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("COUNTY
COMMISSION") FOR THE CREATION OF THE MIAMI WORLDCENTER
COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY FORBES MIAMI NE
1ST AVENUE LLC, MIAMI WORLDCENTER HOLDINGS, LLC, AND THEIR
AFFILIATES AND SUBSIDIARIES ("DEVELOPER"), FOR THE
TWENTY-THREE (23) +/- ACRE SITE GENERALLY BOUNDED ON THE
NORTH BY NORTHEAST 11TH STREET, ON THE SOUTH BY NORTHEAST
6TH STREET, ON THE EAST BY NORTHEAST 2ND AVENUE, AND ON THE
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Meeting Minutes June 9, 2016
WEST BY NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS DEPICTED ON
EXHIBIT "A," ATTACHED AND INCORPORATED, WITH CERTAIN PARCELS
EXCLUDED, ALSO DESCRIBED IN EXHIBIT "A," AND URGING THE
COUNTY COMMISSION TO APPROVE THE PETITION SUBMITTED BY THE
DEVELOPER FOR THE CREATION OF THE CDD; NOTIFYING MIAMI-DADE
COUNTY THAT THE CITY OF MIAMI HAS NO OBJECTION TO THE SECOND
READING OF THE ORDINANCE CREATING THE CDD OCCURRING PRIOR
TO THE SIX (6) WEEK PERIOD, AND TO RECEIVING NOTICE LESS THAN
FOUR (4) WEEKS IN ADVANCE OF THE PUBLIC HEARING, AS REQUIRED
BY SECTION 2-1, RULE 5.06(F) OF THE CODE OF MIAMI-DADE COUNTY,
FLORIDA, AND ASSERTING ITS RIGHT TO RECEIVE NOTICE AT LEAST
THREE (3) DAYS PRIOR TO THE PUBLIC HEARING ON THIS MATTER;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE COUNTY COMMISSION.
16-00561 Summary Form.pdf
16-00561 Legislation v2 (06-09-16).pdf
16-00561-Submittal-Melissa Faeber-Maps (Updated).pdf
16-00561 - Exhibit (06-09-16) SUB.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0275
Chair Hardemon: RE.7.
Marissa Faerber: Good evening, Commissioners. Marissa Faerber, with offices at 333
Southeast 2nd Avenue. We were here two weeks ago for this item, which is amending the
boundaries of the CDD (Community Development District), and there was some confusion over
the maps. We've since amended the maps. I'm going to give them to Todd. I also have them on
enlarged boards, so I think that these amended maps make it much clearer. And we are happy to
answer any questions.
Commissioner Suarez: Move it.
Chair Hardemon: Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. I'll open up the public hearing for this.
Seeing no persons that want to speak, I'll close the public hearing. I have a question for you. So
it's one, two, three, four, five parcels being removed and three being added?
Ms. Faerber: Correct. And then, if you turn the page, the side -by -side just shows the
comparison of what's currently within the CDD and what the boundaries would be following this
resolution. And we're removing some outlier parcels, the three that are south of the FEC
(Florida East Coast) and then two remnant parcels that are just south of llth Street, and we're
adding in three parcels that we did not previously own but now we own and we want them to be a
part of the district.
Chair Hardemon: Okay. Any further discussion on the item? Hearing none, all in favor, say
aye."
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Meeting Minutes June 9, 2016
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Todd B. Hannon (City Clerk): As amended.
Chair Hardemon: As amended.
RE.8 RESOLUTION
16-00518
Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate and Asset ATTACHMENT(S), ACCEPTING AND APPROVING THE DEPARTMENT OF
Management REAL ESTATE AND ASSET MANAGEMENT DIRECTOR'S DECISION TO
DENY THE PROTESTS BY NEW RICKENBACKER MARINA, LLC AND
VIRGINIA KEY SMI, LLC, FOR REQUEST FOR PROPOSALS NO. 12-14-077,
FOR LEASE AND DEVELOPMENT OF CITY OF MIAMI OWNED
WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE
USES LOCATED IN VIRGINIA KEY.
16-00518 Summary Form.pdf
16-00518 Back -Up from Law Dept.pdf
16-00518 Legislation (Version1).pdf
16-00518 Legislation (Version2).pdf
16-00518 Legislation (Version3).pdf
16-00518 Exhibit.pdf
16-00518-Submittal-City Attorney -Miami City Code Sec.18-104.pdf
16-00518-Submittal-Commissioner Francis Suarez -Letter from Arnstein and Lehr.pdf
16-00518-Submittal-Joyce Landry-Map.pdf
16-00518-Submittal-Virginia key LLC-Exhibits and Presentations -Virginia key LLC response to Bid
16-00518-Submittal-AI Dotson-RFP No. 12-14-077 with Addendums.pdf
16-00518-Submittal-AI Dotson -VA Key RFP Responsiveness Comparison.pdf
16-00518-Submittal-City Attorney -Bid Protest Docs-Virginia Key Marina RFP No. 12-14-077.pdf
16-00518-Submittal-Richard Perez -Virginia Key Harbour and Marine Center -Financial Analysis.pdi
16-00518-Submittal-City Manager -Letter from Tate Capital re -Daniel Rotenberg.pdf
16-00518-Submittal-City Manager -Affidavit from Daniel Rotenberg.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Russell, Carollo and Hardemon
Absent: 2 - Commissioner(s) Gort and Suarez
Note for the Record: Item RE.8 was deferred to the Special Commission Meeting scheduled for
2: 00 p.m. on June 22, 2016.
Note for the Record: A motion was made by Commissioner Suarez, seconded by Commissioner
Russell, and was passed unanimously, with Commissioner Gort absent, setting the agenda for the
June 22, 2016 Special Commission Meeting with the first item on the agenda being the bid
protest associated with RFP 12-14-077, and for the second item on the agenda to include all
options available to the City Commission to address RFP 12-14-077.
Chair Hardemon: The first item that we want to call is RE.8, the approval or rejection of the bid
protest, Virginia Key Marina. Counsel, you're recognized.
Al Dotson: Excuse me, Mr. Chairman. For the record, Al Dotson with Bilzin Sumberg, 1450
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Brickell Avenue, recommending -- excuse me -- representing the recommended proposer. You
may recall the last time we were together, it was this Commission's desire to have five
Commissioners to participate in the deliberations. At this time, I announce a -- three and one is
four; not yet five. There was also a lot of discussion and debate regarding procedure that got us
bogged down, I believe, the last time we were together; most of it, if we weren't -- we could
object and continue to move this forward and argue back and forth as to how to proceed; or we
could offer a way forward that would make this a lot easier for everyone, that'll allow us to
reserve any objections that we have, let this Commission hear from both 'Yon and Suntex, and
then we would proceed to decision, instead of having a discussion about a supplemental bid
protest and whether one or the other has standing; just let everybody put everything on the
record. We reserve our right to object in some other form, if necessary, but we can just go
forward and get to a -- the finality, provided that we defer this to a date, either a special meeting
or a regularly set meeting where you have five members of the Commission present; and we
would prefer, if it's specially set on a regular Commission agenda that it be done early in the
day, like right after the consent agenda is approved.
Vice Chair Russell: So 4 o'clock.
Victoria Mendez (City Attorney): Chairman, also, Commissioner Gort had to attend the
Hemispheric Conference, and he would like to be present for this item, and so I'm --
Commissioner Suarez: Mr. Chair.
Ms. Mendez: -- placing that on the record.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: I want to be here, by the way; just FYI (for your information).
Vice Chair Russell: I was kidding.
Commissioner Suarez: I know you were. I saw it afterwards. Thankfully, you said you were
kidding. I watched it all the way to the end. He better redeem himself, you did, you did, you did.
Vice Chair Russell: I was kidding.
Commissioner Suarez: I think it makes a lot of -- first of all, obviously, the five -Commissioner
issue is important, particularly if a Commissioner wants to be here. My recommendation would
be that if we are going to do this, in the interest of all the other people that are here that have
nothing to do with this bid protest, I think we should do a special Commission meeting. We've
done this before. It makes sense to do it that way, because then you don't burden every single
other person who's here on a variety of other items that's been sitting here since 8 o'clock in the
morning. I know I see one of them who's on one of my items; has been here since 8 o'clock, 9
o'clock in the morning. And so we deal with this issue. This is an issue that, my guess is it's
going to take multiple hours by -- if the last Commission meeting was any sort of example of how
long this is going to take and how these issues are going to be discussed, to what level of
profoundness.
Chair Hardemon: Well --
Commissioner Suarez: Go ahead.
Chair Hardemon: -- Commissioner, it would be different if opposing counsels agree that we're
not going to discuss the issue regarding standing, and we're not going to discuss the issue
regarding extraneous information, besides what's in the four corners of the bid protest; then it
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should slow things down, because what we would do is limit the amount of time for discussion
from counsel, hopefully, and then have the discussion amongst us as a board to move forward.
The last time we were trying to -- I don't believe it was the counselor's fault, but it was the
Commissioners that could not come to a decision about something moving forward. I mean, it's
really up to you all if you want to have a special meeting, or you can handle this on the next
regularly schedule agenda after the consent agenda.
Commissioner Suarez: I'll give you an example. You guys representArnstein Lehr, right?
Miguel Diaz De La Portilla: (UNINTELLIGIBLE).
Commissioner Suarez: Right. Sorry.
Senator Diaz De La Portilla: (UNINTELLIGIBLE).
Commissioner Suarez: They sent a letter at 3, I think, 48 today, which was responding to a letter
that your firm sent on an issue that was outside of the bid protest issue. What I'm setting -- what
I'm getting at is we just got a letter -- what? -- two hours ago, three hours ago from your firm,
responding to something --
Senator Diaz De La Portilla: (UNINTELLIGIBLE).
Commissioner Suarez: Correct, but the point being that, you know --
Senator Diaz De La Portilla: (UNINTELLIGIBLE).
Ms. Mendez: Senator, if you can get the hand mike of --
Senator Diaz De La Portilla: I'm here.
Ms. Mendez: Todd, if you --
Senator Diaz De La Portilla: I'm here. I'm good here.
Ms. Mendez: Okay. Thank you.
Senator Diaz De La Portilla: Yes, we did send a letter in response to a letter that they submitted
to the City two days ago, but that we received a day ago.
Commissioner Suarez: And -- correct me if I'm wrong -- that was sent at like 3:40-something
today? Yeah, a few hours ago.
Unidentified Speaker: That sounds right. My --
Commissioner Suarez: A few hours ago.
Unidentified Speaker: Yes.
Commissioner Suarez: It was your assistant. It was one of your assistants.
Unidentified Speaker: My assistant --
Commissioner Suarez: Yeah.
Unidentified Speaker: -- sent it, yes.
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Commissioner Suarez: Yeah.
Mr. Dotson: Do you have a copy of that for us?
Chair Hardemon: I know that you -- you got to have a copy.
Commissioner Suarez: I have a copy of it. You guys want to --? It's right here. You guys want a
copy of it? Can you make him a copy? Thanks.
Chair Hardemon: Really, it's -- I mean, look, Commissioners, if you want to have a special
session about this, then we can have a special session about it. We need to pick a date that's
convenient for all the Commissioners to be there. That date could be next week; could be the
week after, which is the Commission hearing date week. It can be the day before it; the day
after. It's up to you all. (UNINTELLIGIBLE) recognized, sir.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: Why don't we try to do a time certain, like we did the last time? And,
remember, we did it for the afternoon because Commissioner Gort was not going to be in the
morning; and was going to be in the afternoon, so --
Chair Hardemon: Right.
Commissioner Carollo: -- why don't we try that again, and maybe take it up the first item in the
agenda?
Commissioner Suarez: Can --
Chair Hardemon: When you say, 'first item on the agenda, " you mean just after consent
agenda, correct?
Commissioner Carollo: Yeah.
Commissioner Suarez: My issue with that is this: There's a lot of people here in the audience
that are not here for this agenda item that have been sitting here all day, and so those same
people have to sit in the agen -- in the audience on a regular Commission meeting day for
however long this takes. It could an hour. It could take two hours. It could take far longer than
that. I've been in hearings here that have taken 22 hours, two days, and one of them end -- rolled
over to 3 o'clock in the morning, and then went over to the next Monday, and then it was until 8
o'clock in the -- the night -- you know, the day after, so.
Chair Hardemon: What day are you proposing then? What date do you propose?
Commissioner Suarez: Whatever day you want; I'll be here. I just think that it would --
Particularly, if we're going to do what you suggest, which is have a full, blowout hearing, I will
suggest at some point, we need to stop the back and forth with the letters, because it's never
going to end.
Chair Hardemon: No, that won't stop.
Commissioner Suarez: Well, then --
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Chair Hardemon: I mean, they have pens; they will write.
Commissioner Suarez: Well.
Chair Hardemon: But that's part of what we were trying to say at the last hearing, which was, at
some point, there has to be an end.
Commissioner Suarez: I agree, and I think our Code talks -- speaks to that, but now some
representations are being made; let's just have a full-blown hearing on everything, which I saw
the last Commission meeting. I saw that there was sort of a tension between getting into things
that were extraneous to the bid protest process, but may be relevant to the award versus strictly
dealing with the bid protest as it is on the agenda, and as our Code and our bid documents very,
very clearly state what the procedure is.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, Vice Chairman.
Vice Chair Russell: Thank you. I think, actually, there's quite a few people here who are here
for this issue and who have waited a long time; and actually, I apologize very much, because I
wanted to get from Commissioner Gort if he had wanted to be here or not. And if we knew that
he wanted to be here, and we wouldn't be speaking about this this afternoon for a lack of his
presence, we could have let everybody know that before our shade meeting --
Commissioner Suarez: Of course.
Vice Chair Russell: -- and that would have been a little more courteous, I think.
Commissioner Suarez: Agreed.
Vice Chair Russell: And I apologize for that. That was -- the sunshine law allows us to say
things and not say certain things, and I couldn't just grab Commissioner Gort in the hall and
say, "Do you want us to wait for you if you're not here?" But before we go and schedule a date
-- and I think part of the problem is, cart before the horse -- what is the discussion we need to
have first? One rule of thought is that we need to discuss whether to hear these protests or not.
The other was to hear the bid itself-- the granting of the bid itself. I, myself had originally
intended to come here today to table the discussion on the protest and bring up the discussion of
the RFP (Request for Proposals) as a whole; not the award to the winning bidder, but whether
the RFP -- a lot of the things we learned from the advisory board and their opinion on boats in
the basin versus not; permitting -- there was an RFP that's written that is against the actual
permitting and the historical designation of the area; many big things that would, depending on
how they're decided by us, would possibly not even need the other discussions to happen. So, if
we have these long, drawn out talks on a part that's kind of down the road, it might be wasting
time.
Chair Hardemon: Well, the --
Commissioner Carollo: Chair?
Chair Hardemon: -- thing that came to mind -- and then I'll recognize you, Commissioner
Carollo and Suarez -- was that the ability to file a bid protest is a right that's spelled out within
our governing documents or ordinance, ifyou will; and so, I would think that they would want to
exercise their right to have this bid protest, rather than us negating their right or taking it away
from them, and then deciding that we don't want to hear any bid protests at all. I mean, that's
the way that I thought about it, because, look, you had a winner; you had someone that's filing a
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protest against it, and I understand that, in the end, there may be -- some people -- I won't say
that. Some people may say, "Let's cancel this whole thing altogether, " but is this the time to do
it, while they're in the middle of their -- in fact, their bid protest? If they rescinded their bid
protest, that'll be one thing, and then we would be decided whether or not -- we wouldn't have a
bid protest, and we would be deciding whether or not we're going to award this to the winning
party, but I don't think that's going to happen.
Commissioner Carollo: Mr. Chair?
Chair Hardemon: Commissioner Carollo. Yes.
Commissioner Carollo: Thank you. I agree with Commissioner Russell, and I was -- my
thoughts were the same, except I was thinking of deferring so we'll hear it in the next meeting
and then having the discussion that --
Vice Chair Russell: Today?
Commissioner Carollo: Right. -- that we would want to hear.
Vice Chair Russell: That was my intention as well, rather than tabling it.
Commissioner Carollo: So not tabling it; deferring it so we will have that in the next
Commission meeting and take it up, you know, however -- but at the same time, we finally have
the discussion, and we hear all the different aspects of the RFP that, I think, Commissioner
Russell and myself wanted to hear, and I think counsel from -- you know, I know I came in in the
middle when he was speaking, but I think he was in favor of it.
Chair Hardemon: No, I don't know if he was in favor of that, and that's why -- because what's
your intention? When you say that you wanted to discuss the RFP in general, what that sounds
like to me is that you want to decide whether or not -- we do not want to make the award or not,
and what I'm saying is that, you know, that's not what's before us.
Vice Chair Russell: That's not what I meant.
Commissioner Carollo: No, because --
Chair Hardemon: No? That's not what you meant?
Commissioner Carollo: -- realistically, how -- you know, we're putting the cart before the horse.
I mean, the City Attorney in the last meeting mentioned, "Commissioner, if you like, it's within
your purview to throw everything out, " and I -- And later on in briefing, I spoke to her, and I
said, "You know, Ms. Mendez, how can I throw everything out if I haven't heard, you know, all
the different reasonings?" You know, I need to hear before I actually say, "Yes, I think we need
to throw this out. I need to see exactly what occurred."
Chair Hardemon: So let me clarify. Madam City Attorney, are you saying -- is your opinion to
the Commissioner that you can -- that he can throw everything out -- meaning, the RFP -- before
we settle this bid protest?
Ms. Mendez: Separate from the bid protest. You are not in the bid protest right now.
Chair Hardemon: No, I called (UNINTELLIGIBLE).
Ms. Mendez: You have not started a bid protest yet. Unfortunately, we have not gotten there.
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Chair Hardemon: No, I called -- No, I thought I called the bid protest. We suspended the bid
protest until the next meeting. So the way that I see it, everything that has been discussed on the
record from the last meeting is a part of the bid protest.
Ms. Mendez: The -- what you cannot do is, in the middle of a bid protest, put something that is
not having to do with the bid protest in the midst of things. So you can separate out the bid
protest -- the bid protest is one thing; any questions that you have regarding the RFP is another.
At any time before the bid protest, yes, you know, you have the ability to throw something out.
Chair Hardemon: But what I'm --
Ms. Mendez: And if you defer the bid protest because you want more information on something
else, you know, separate from the bid protest, you can do that. And you can also --
Commissioner Suarez: Mr. Chair?
Ms. Mendez: -- unfortunately, you know, throw out the bid protest as long as it's not arbitrary
and capricious; you have to give reasons why you would want to do that. So you have to say,
you know, all the different reasons why you would want to do something like that. You can't just
wake up and say, `I want to throw out the bid protest."
Mr. Dotson: Mr. Chairman, this --
Chair Hardemon: But --
Mr. Dotson: -- the bid protest was called at the last meeting.
Chair Hardemon: Let's --
Mr. Dotson: We began the bid protest discussion at the last meeting. The whole discussion
regarding whether or not we were going to allow them to have an additional opportunity to share
items that were not part of the original bid protest is because we were discussing the bid protest.
The only item on the agenda today is the bid protest. It's a deferral from the last meeting. So to
say that it hasn't been called yet, that's not what happened at the last meeting. You are in the
middle ofa bid protest; we now need to continue that forward.
Commissioner Suarez: Mr. Chair?
Chair Hardemon: I agree with counselor.
Commissioner Suarez: I agree with him as well, okay?
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: I think, from a procedural perspective, you know, this is a legal -- this is
- - we're a -- I don't want to say it's a legal proceeding, because the City Attorney believes it's an
executive action, so we're not going to get into that dichotomy as to whether it's quasi-judicial or
executive action, but I think it's clear from our bid document that the City Commission has the
power; has the power to accept, reject, or make a recommendation -- or seek a recommendation
directly from the Selection Committee. That's on page 18 of our own RFP. That power is clear.
The question is what are we doing here today? And what we're doing here today and what's on
our agenda is not accepting or rejecting the recommendation of the City Manager or accepting
or rejecting the proposal or making a recommendation to the Selection Committee. What we
have on our agenda item today -- and I want to -- for the members of the audience who are here
- - and I got a lot of emails from people who were concerned, for example, about the basin, the --
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you know, Virginia Key, and wet slips in the basin, and some of you I was able to talk to and sort
of explain it. It's a very long explanation on that issue. And many of you I see with the MRC
(Miami Rowing Club) shirts, I presume that's the issue that you're here for, and that's why you're
here and so concerned. And I tried to explain to as many people as emailed me and contacted
me, you know, that that issue is most likely going to be heard at some point, but I didn't think it
was going to heard at the Commission meeting, because it wasn't part of the bid protest; and so,
from a procedural perspective, it's not the issue that's before us. Now, could the Commission
take it up? The Commission has the right to do whatever it wants. Does that make it an
intelligent thing to do? Does that mean it's the right thing to do? Does that mean that we can
deviate on --? You know, could we theoretically deviate on every single agenda item from what's
scheduled on the agenda? I think the Chairman would have a heart attack if we did that,
because -- exactly -- any person could come up here on any agenda item and could start talking
about the weather in France; they can start talking about, you know, earthquakes in another
country; and, you know, that would be then, somehow, relevant to what we're discussing here
today. What's on the agenda is a bid protest. My issue is -- besides the fact that we don't have a
full Commission, which was, by the way, the predicate for not hearing the bid protest last time,
because, you know, unfortunately for me, I can't be in two places physically at once, but you
know, Star Wars are still -- Star Trek is still working on that. Anyhow, the issue is that we have
to do what's properly before us, okay? So if we're going to do what's properly before us today, it
would be the bid protest. That's what's properly before us, that's what's been notified on the
agenda, that's what the public has been put on notice of and that's what the parties have
prepared for, okay? To me, that is -- it's pretty simple as to what is and is not admissible from
our own RFP and from our own Code as to what we would hear. My issue is, we don't have a
full Commission, which was the predicate for not doing it last time, okay? And secondly, you
know, we have a lot of people who are waiting in the audience, and many people who have been
waiting in the audience; and, you know, this is going to take a long time. Don't -- let's not fool
ourselves. It's going to take a long time. Every single person has to make their presentation,
and now we're talking about potentially waiving some of the rules in our own, you know, Code,
and in our own RFP, ifyou're talking about letting in -- you know, not dealing with standing
issues; letting in, you know, evidence that may not have been in the bid protest, and that's going
to make this a more lengthy process. So my -- from a procedural perspective, I don't think we
should burden our residents with having to sit through a bid protest, unless they want to come
and be here for that bid protest. Now, for the people that have been waiting here, what we can
do is we can hear what they have to say, because they had been waiting here for many hours,
and I don't think it's fair to them to go home without having the satisfaction of being able to tell
us what is on their mind, and we can absolutely hear them. There's no reason why they need to
come back and reiterate their comments.
Joyce Landry: Thank you. Just for the record, Joyce Landry.
Chair Hardemon: That doesn't mean Pight right now."
Ms. Landry: No, no, no, no. I'm not saying, "right now." I'm just saying, "thank you," because
we've been here for three hours. We had a time certain for 4 o'clock. We were all here on May
26. It's a lot to bring us all together.
Commissioner Suarez: Of course.
Ms. Landry: We are the public, so we would appreciate being --
Commissioner Suarez: Absolutely.
Ms. Landry: -- heard, because we've been largely left out of this process, so we would like you to
hear what we have to say; and two minutes each, we'll be done in, you know, 20 minutes or so,
so we really would appreciate that. Thank you.
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Commissioner Suarez: I think that's fair.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: I believe, though, before we hear from the public on a -- what may be a
variety of issues related to or not related to the bid protest, we should take a motion or an action
on deferring the actual bid protest discussion --
Commissioner Carollo: I agree.
Vice Chair Russell: -- and then --
Ms. Landry: Yes.
Vice Chair Russell: -- it'll be the will of the Commission whether to open for --
Chair Hardemon: Before we --
Vice Chair Russell: The Chair. I'm sorry.
Chair Hardemon: -- take the motion, I know, counselor, you wanted to say something.
Richard Perez: Well, I wanted to finally speak, after two days -- two different hearings of not
being able to get up. My name is Richard Perez, 701 Brickell Avenue. I represent New
Rickenbacker Marina/Tifon in the bid protest. I think, by the way, that his solution is a very, very
elegant solution; we defer everything, but everybody put everything on the record, but we also --
we would suggest that everything gets on the record, both the bid protest and whether or not we
are putting the cart before the horse. I think that's an essential element of what you guys need to
decide; and if we do that all in one hearing, maybe dealing with the cart -and -horse issue first
and then the bid protest afterwards, I think that that is a very elegant solution to get us all out of
this box.
Commissioner Suarez: Mr. Chair, iflmay?
Mr. Dotson: Could I elegantly respond to that?
Chair Hardemon: Please.
Mr. Dotson: Absolutely not.
Mr. Perez: That's not my choice.
Mr. Dotson: This is a bid protest proceeding. If you want to pepper it with other issues, this is
not the forum for it. You are in the midst of a bid protest. To start having conversations about
anything outside of the bid protest is improper. Let's finish the bid protest and have whatever
conversation the Commission wants to have after the bid protest is decided.
Commissioner Suarez: Mr. Chair, may I?
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Because I think there's a reconciliation of both your points, to be
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completely frank, and I think that's why it makes sense, potentially, to do it as a stand-alone
meeting, and that is -- a stand-alone meeting can have multiple agenda items in a stand-alone
meeting; and one of the agenda items, whether it be the first or the second -- it really doesn't
matter, to be completely frank -- is the bid protest. It could be the first item on the agenda, since
what first happened was a bid was protested; then a bunch of extraneous information came in
after the fact so -- or concurrent with the fact and then after the fact. And then, after that bid
protest is heard, we can go to the additional issues on maybe the -- what I would call the "global
issues," which I could summarize for, if you'd like, but I'll -- I think I'll pass on that.
Ms. Mendez: Chairman --
Commissioner Suarez: The global issues, and then -- go ahead.
Ms. Mendez: -- and Commissioners, ifl may, just to akin it to what the lawyers on the
Commission know, we are not in the bid protest right now. If anything, we're having motions in
limine with regard to what gets in --
Chair Hardemon: An RFP process.
Ms. Mendez: -- to this or what doesn't. No, because if-- the minute that you start saying that
everything is part of the bid protest, that's it; your options are dwindling.
Commissioner Suarez: But with all due respect, you don't decide whether we're in the bid protest
or not. The Chair is the one that called the item, and so we're in the item. I mean, that's -- you
know, we're discussing the item, which is a bid protest.
Ms. Mendez: I disagree with regard to whether we are in the procedure --
Commissioner Suarez: I understand what you're saying.
Ms. Mendez: -- which is the bid protest.
Commissioner Suarez: We haven't started officially, like Start, like ffo. "Okay, 1 got it.
Commissioner Carollo: Mr. Chairman.
Mr. Perez: And let me just add.
Commissioner Carollo: Hold on. Mr. Chairman.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you. Since I am surrounded by lawyers now --
Ms. Mendez: Literally, surrounded.
Commissioner Carollo: -- Madam City Attorney, that -- I forgot what was the saying you just
did. Can you say that in laymen's term for a CPA (Certified Public Account ant) that's not an
attorney?
Chair Hardemon: Talking about a motion -- restate (UNINTELLIGIBLE).
Ms. Mendez: The motions in limine are basically all the motions that you do before you start --
Commissioner Suarez: Preliminary motion.
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Ms. Mendez: -- any procedural type of hearing.
Commissioner Carollo: Thank you.
Chair Hardemon: Motions in limine, I mean -- because -- motions in limine typically are held
just before you --
Ms. Mendez: Right before trial.
Chair Hardemon: Right.
Ms. Mendez: Before you start the trial, before you start an administrative procedure.
Chair Hardemon: No, but do you -- I'm trying to remember.
Commissioner Suarez: But --
Mr. Perez: The mere fact that you filed a bid protest does not remove the inherent authority of
this Commission --
Commissioner Suarez: That's --
Mr. Perez: -- to throw out all bids.
Commissioner Suarez: -- absolutely correct.
Mr. Perez: And so --
Chair Hardemon: Counsel?
Mr. Perez: -- you could hear that issue at any point in time.
Commissioner Suarez: That's absolutely correct.
Chair Hardemon: Counselor, don't -- but --
Commissioner Suarez: But --
Chair Hardemon: Let me explain this to you. The reason I don't believe that that statement is a
fact is because if we throw out this RFP, there goes the bid protest.
Commissioner Suarez: Certainly.
Chair Hardemon: There's -- no, no.
Commissioner Suarez: No, you're right. Certainly.
Chair Hardemon: If we have an item -- right now this item is the bid protest. Okay, if we have a
discussion and, therefore, after an action about whether or not we -- can you -- microphone --
about whether or not we throw out the RFP --
Commissioner Suarez: Right.
Chair Hardemon: -- and we do, in fact, throw out an RFP, then that bid protest has no value,
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because --
Commissioner Suarez: Well, I think there's --
Chair Hardemon: -- (UNINTELLIGIBLE), correct?
Commissioner Suarez: -- it creates a more litigation. You know what I mean? It creates more
grounds for litigation.
Chair Hardemon: I couldn't see what (UNINTELLIGIBLE) protesting.
Commissioner Carollo: Surrounded by lawyers; there's got to be litigation.
Senator Diaz De La Portilla: ifI may; I haven't spoken today?
Chair Hardemon: Yes, you have.
Senator Diaz De La Portilla: Well, only to --
Chair Hardemon: You don't remember speaking earlier?
Senator Diaz De La Portilla: -- explain the response to the letter --
Commissioner Suarez: Without the mike.
Senator Diaz De La Portilla: -- that the --
Commissioner Suarez: Without the mike.
Senator Diaz De La Portilla: If I may, Mr. Chairman?
Chair Hardemon: Yes, please.
Senator Diaz De La Portilla: The City Commission has a right to reject any and all proposals --
Commissioner Suarez: We know that.
Senator Diaz De La Portilla: -- at any time. That's Procurement 101. That you can do at any
time, at any meeting, whenever an item is before you; and, in fact, your own RFP says that; the
very instructions of the RFP says that. It says, "The City reserves the right to accept any
proposals deemed to be in the best interest of the City; to waive any non -material, irregularities
in any proposals; or to reject any or all proposals and to reissue the solicitation. Furthermore,
until such time as the City enters into a lease and the voters approve the project via a
referendum, the successful proposer shall not have any vested rights, leasehold rights, or interest
in the property or in the project proposed herein. "In other words, you can reject all proposals or
any proposal at any time. It's a power inherent in the Commission that you have whenever an
item is before you. You could do it today. You could do it two weeks from now. You could do it a
month from now. But until there is a lease that is negotiated with a winning proposer and
approved at a referendum, nobody here -- not us and definitely not the RCI folks -- have any kind
of vested right. The Commission has a right to reject all proposals.
Chair Hardemon: I --
Senator Diaz De La Portilla: And they have that due process, by the way --
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Chair Hardemon: No.
Senator Diaz De La Portilla: -- because they're put on notice, all of us are. It's in the very
beginning of the RFP.
Chair Hardemon: But I want to be -- so there are two parts to this.
Commissioner Suarez: Of course, there is.
Chair Hardemon: One part was the fact that we have the right to dismiss or reject -- or dismiss
the RFP.
Commissioner Suarez: Yes.
Chair Hardemon: We understand that. Another part is that there's no vested right in the actual
-- unless they have a leasehold, they don't have a vested right.
Commissioner Suarez: Right. Correct.
Chair Hardemon: I understand that.
Commissioner Suarez: I agree with that, too.
Chair Hardemon: But what I'm saying is that right now we have a bid protest that we've already
Commissioner Suarez: That's the agenda item.
Chair Hardemon: -- (UNINTELLIGIBLE) begun, and so how the City of Miami -- and if you
could show me -- if someone can show me -- no arguments -- show me case law. Show me
something where someone sued because there was a bid protest that was going on -- that was
ongoing, and the City took the RFP and threw it all out. This may be the -- this may be what the
City of Miami does, but if you show me something favorable to either side, then maybe I can
understand a little bit better. And counselor --
Commissioner Suarez: And let me ask this question, because I want here at the last meeting,
unfortunately. Couldn't there have been an item on the agenda today saying, "An item on the
agenda to accept the Manager's recommendation, reject all proposals, or seek a
recommendation directly from the Selection Committee"? Could that item have been on the
agenda?
Ms. Mendez: You have to dispose of the bid protest first --
Commissioner Suarez: Okay.
Ms. Mendez: -- to accept an award.
Chair Hardemon: To accept, reject --
Commissioner Suarez: Okay.
Ms. Mendez: To accept the award --
Commissioner Suarez: Okay.
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Ms. Mendez: -- you need --
Commissioner Suarez: So could there -- okay.
Ms. Mendez: -- to dispose of the protest --
Commissioner Suarez: So could there --
Ms. Mendez: -- to accept an award.
Commissioner Suarez: So could there --
Ms. Mendez: To reject --
Commissioner Suarez: Hey.
Ms. Mendez: -- everything is within your purview.
Commissioner Suarez: Okay. So could we have had an item on the agenda that says, A
resolution of the City Commission rejecting all proposals or seeking a recommendation directly
from the Selection Committee? Could that have been the item on the agenda today?
Ms. Mendez: If you gave -- if it was not arbitrary and capricious and if you gave --
Commissioner Suarez: Could that have been the item --
Ms. Mendez: -- (UNINTELLIGIBLE) --
Commissioner Suarez: -- on the agenda? Could that have been the item on the agenda; not that
that's what we would have done. Could that have been the item on the agenda? Could we have
put that on the agenda?
Ms. Mendez: Yes.
Commissioner Suarez: Yes.
Ms. Mendez: To reject.
Chair Hardemon: Now, let me say this. And I want to -- any time our counsel says, "It should
not be arbitrary and capricious" --
Commissioner Suarez: Of course.
Chair Hardemon: -- what she's talking about is literally rejecting the bid protest; meaning, file a
bid protest; and I say, "You don't have any merits in your bid protest," right? That part has --
shouldn't be arbitrary and capricious. And so what I'm saying is that if you reject a bid protest --
Commissioner Suarez: Right.
Chair Hardemon: -- without going into the bid protest, I don't know what else it could be but
arbitrary and capricious.
Ms. Mendez: We're talking about two different things --
Commissioner Suarez: But wait.
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Ms. Mendez: -- and then maybe I misspoke. I thought you asked, Could there have been an item
on the'= -
Commissioner Suarez: Correct.
Ms. Mendez: --1 genda'=-
Commissioner Suarez: And the answer is Yes."
Ms. Mendez: -- Po reject all bids?"
Commissioner Suarez: Yes. Correct.
Ms. Mendez: Right? That's what you asked.
Commissioner Suarez: That's right.
Ms. Mendez: Not Peject the bid protest'= -
Commissioner Suarez: Reject --
Ms. Mendez: -- Peject all bids."
Commissioner Suarez: -- all bids. And that item could have been --
Ms. Mendez: Yes. That -- yes.
Commissioner Suarez: And the answer -- absolutely. And as long as that decision wasn't
arbitrary and capricious, it would be held up by a court.
Ms. Mendez: Right. Now --
Commissioner Suarez: Now --
Commissioner Carollo: Mr. Chairman.
Commissioner Suarez: I have the floor, please. So that could have been on the agenda, but it's
not on the agenda today, right?
Ms. Mendez: Right.
Commissioner Suarez: It could be on a future agenda. It could be on a special Commission
meeting agenda, right?
Ms. Mendez: Right.
Commissioner Suarez: And there you can talk about extraneous issues, like, for example, the
issue that many of the people from the community here want the talk about, which is the wet slips
in the basin.
Ms. Mendez: Yes.
Commissioner Suarez: Right? So that's the question I think the Chairman is struggling with,
which is that, procedurally, what's before us -- what's on our agenda is a bid protest.
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Ms. Mendez: Well --
Commissioner Suarez: Okay?
Ms. Mendez: But what could be done is what's being done, which is defer this item that's on the
agenda --
Commissioner Suarez: I agree.
Ms. Mendez: -- and then there could be a separate motion --
Commissioner Suarez: No, I agree.
Ms. Mendez: -- asking for all sorts of other information, or what have you.
Commissioner Suarez: I agree. I agree with that, sure.
Mr. Dotson: Mr. Chairman, in 25 years of doing this, not once has a bid protest been filed --
any jurisdiction in Miami -Dade County that I have participated in -- and I challenge anyone in
this room to come up with a single bid protest that was filed and the Commission started -- or the
administrative judge started, and then the policy makers just stopped it right in the middle of it
and changed; not one time. I can't think ofa single time ever that that has happened.
Ms. Mendez: But we're not --
Mr. Dotson: Not once.
Ms. Mendez: -- doing that, so --
Mr. Dotson: That's exactly --
Ms. Mendez: -- you're mischaracterizing what's being done in this procedure. You have not even
-- the last time we were here, we were talking about for two hours --
Commissioner Suarez: But wait, wait, wait.
Ms. Mendez: -- whether --
Chair Hardemon: Let -- no, no.
Commissioner Suarez: But wait. Guys, we're talking past each other. Every -- we agree that we
should have five Commissioners. Is that something we agree on or not?
Vice Chair Russell: Yes.
Commissioner Suarez: Yes, we agree. We agree that Commissioner Gort wants to be here, so
we're not going to take it up today. We agree that the public should have a right to speak,
because they've been waiting here for three hours. Do we agree on that? Yes? Yes. Okay, so
the last issue is what order in this either special meeting or special set does it go? My
suggestion, in the interest of justice, is that the bid protest should go first, since it was the first
calendar item on the agenda, okay? We hear the bid protest; and then after the bid protest, we
can hear extraneous issues that deal with whether or not we want to accept or reject the
Manager's proposal; or at least reject the Manager's proposal, because accepting would be
when we had a lease, right? Accepting would be when we had a lease, or would we accepted
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and then do a lease?
Ms. Mendez: Commissioner, you can decide how you're going to handle this with regard to --
Chair Hardemon: (UNINTELLIGIBLE) discussion. Probably wants to do -- once they have the
negotiations for the lease, because they -- I'm saying to accept the Manager's recommendation.
Commissioner Suarez: Yeah. I'm just saying -- and I think -- and here's where I kind of see
things a little bit from Commissioner Carollo and Commissioner Russell's side is that if we've
handled the bid protest, however that comes out -- right? -- well, if the bid protest is upheld and
we upheld the protest, then it -- by definition, that may shake up the order, because if someone
gets kicked out, then other people are in, for lack of a better word, right? So you have to see that
process through. But assuming that doesn't shake things up and that the -- that we deny all the
bid protests -- right? -- there's a second issue, which is the macro -- what I -- you know, the
macro -- the extraneous issues that I -- whatever you want to call them -- issues that are -- were
not in the bid protest, but maybe go to whether or not we want to maintain this RFP or not
maintain this RFP, right? And then there is the lease itself which is a document that we have to
approve and then the voters have to approve, right? So we can handle it one, two, three: bid
protest, extraneous issues, lease.
Ms. Mendez: The only thing I'm saying is that you do not -- the bid protest has not started, so if
you wanted to do anything as -- like what was suggested --
Commissioner Suarez: I understand that.
Ms. Mendez: -- you can. That's all I'm trying to say.
Commissioner Suarez: And all I'm saying is --
Ms. Mendez: That's all.
Commissioner Suarez: -- in the interest -- in my opinion -- this is -- I'm just one Commissioner.
I think in the interest offairness, we've started this process as a bid protest, rightfully or
wrongfully, okay? We have the -- the Spanish word is (irostestar. "We have the authority -- right?
-- to do what we want to do, but from a procedural perspective -- everybody here likes to throw
around the word Procedure from a procedural perspective, we put this item on the agenda. We
could have put a different item on the agenda, but we didn't. That's what people prepare for.
When they go to court -- I went to court today for a trial, today, okay, and we dealt with the
issues that I was prepared and that we were noticed to deal with. We dealt with those issues;
that's due process, okay? That process shakes out, and then we can look at other issues that are
correlative to this process.
Ms. Mendez: All I was saying is that this Commission has the ability to do whatever it wants in
regard to some of those -- the order ofprocedure. That's all I was trying to say.
Commissioner Suarez: That's not a (UNINTELLIGIBLE).
Ms. Mendez: I did not want to --
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You are recognized --
Commissioner Suarez: (UNINTELLIGIBLE) procedure.
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Chair Hardemon: -- Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. Okay, so I think what we need to decide is if
we're going to defer this item, yes or no, number one; number two, are we going to listen to any
other issues regarding the RFP, which --? And I don't want to speak for Commissioner Russell,
but I believe the Vice Chair and myself wanted to hear it in the last committing meeting, and we
waited two weeks. At the very least, I think we should listen to the residents, which I don't know
how many of them are lawyers, but I believe that they were under the impression that they were
going to be able to speak today, and they were going to be able to speak about this whole RFP
issue. If we are not going to listen to the various issues that were mentioned in the last meeting
by Commissioner Russell and myself but we are going to listen to the public, at the very least,
can you please put an item in the next agenda tossing the whole RFP out only so we could at
least listen to, finally, what Commissioner Russell and myself have asked? And I think that
would settle it. So I think the first thing we need to realize, are we going to defer this item or
not?
Chair Hardemon: Okay. So to make that decision, someone has to have an action. So is there a
motion to defer this item to Monday, the 13th?
Commissioner Suarez: I'll move it.
Commissioner Carollo: I will not be here Monday, the 13th.
Vice Chair Russell: Well, first, are we in consensus that we need to do this as a special
Commission?
Commissioner Suarez: I think that makes the most sense, to be honest with you.
Vice Chair Russell: I think we can handle it at a normal Commission, if we give them the correct
time of day to do it at.
Commissioner Carollo: So can I.
Commissioner Suarez: All right.
Vice Chair Russell: It'll take some time, certainly, but we've had longer issues for sure.
Commissioner Suarez: If we're going to do that, then I would suggest telling people who are
behind them not to come until the afternoon at very -- at the very earliest. So I don't have a
problem with that, because it's already scheduled and we're set to be here --
Vice Chair Russell: Yep.
Commissioner Suarez: -- so we might as well just do it then. I have no issue with that. But, you
know, let's at least assume that it's going to take up the morning session, minimum, I'm telling
you. This is, by the way, everything on the RFP, right here. This is it; every single document.
Actually, there's like a couple surveys that didn't fit in this binder.
Vice Chair Russell: Maybe --
Chair Hardemon: Have we decided on --
Commissioner Suarez: No, it is. I'm telling you.
Vice Chair Russell: Well, we're discussing whether or not we can do it during Commission or we
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Commissioner Suarez: It's a beautiful thing, actually.
Vice Chair Russell: -- need a special Commission for this. I mean, on the flip side, it could be a
very short discussion.
Commissioner Suarez: Maybe.
Vice Chair Russell: You know, it all depends on where it goes.
Chair Hardemon: Have you been on this dais before with (UNINTELLIGIBLE)? There's no
such thing. No such thing.
Vice Chair Russell: I've been through St. Jude.
Commissioner Carollo: That's not necessarily true. Not necessarily true.
Vice Chair Russell: So Commissioner Suarez would like to see a special Commission. How
'bout you guys?
Commissioner Suarez: I've been doing this a long time, and I've seen how long these things go.
Vice Chair Russell: I'm open to it; just the date is the question, so before we make a motion, let's
look at the calendar.
Commissioner Suarez: I think that means that less people will suffer that are the public, because
we think it could take an hour, but I've seen these things take eight hours, nine hours, 10 hours,
12 hours.
Chair Hardemon: How is the 16th? That's next Thursday.
Vice Chair Russell: No.
Chair Hardemon: I hear "no."
Vice Chair Russell: That date doesn't work.
Chair Hardemon: How is the 14th on Flag Day?
Ms. Mendez: The --
Chair Hardemon: No?
Commissioner Carollo: I'm out of town.
Ms. Mendez: When you pick a date, can we -- I -- someone run over to Gort's office and see
what his calendar looks like?
Vice Chair Russell: All right. What --
Ms. Mendez: Because then you might be in the same predicament if it's a non -Commission day.
Unless you go back to that idea of setting it in the morning on the Commission date and then you
set everybody --
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Commissioner Suarez: Are you confident it's going to finish by lunchtime?
Ms. Mendez: No. I mean, till -- I can't say it, but at least, you know, you save people, you know
Commissioner Suarez: How long have you been doing this?
Ms. Mendez: Few years.
Commissioner Suarez: Where do you put your money, over or under?
Ms. Mendez: I don't know how to gamble.
Commissioner Suarez: Good. That's good, that's good, that's good.
Commissioner Carollo: Just so you know, I'm out most of next week. I had a previous schedule;
out-of-town conference. I have to do the continuing education for my CPA (Certified Public
Accountant) license, so I'm in a conference in Orlando.
Vice Chair Russell: Which days?
Chair Hardemon: Next week. Most of next week.
Commissioner Carollo: Most of next week.
Vice Chair Russell: So should we just cancel --
Commissioner Carollo: I leave after this meeting. I head north.
Vice Chair Russell: So --
Commissioner Suarez: How 'bout Tuesday, the --
Vice Chair Russell: -- your earliest is the following week?
Commissioner Suarez: Tuesday, the 21st? Is everyone good with Tuesday, the 21st? Deal.
Vice Chair Russell: I'm available.
Commissioner Suarez: Deal. Let's do it.
Commissioner Carollo: So am I.
Commissioner Suarez: Tuesday, the 21st.
Ms. Mendez: Tuesday --
Chair Hardemon: I won't be here.
Commissioner Suarez: Wednesday, the 22nd.
Chair Hardemon: Charleston, South Carolina.
Commissioner Suarez: Wednesday, the 22nd?
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Vice Chair Russell: Yes.
Commissioner Suarez: Yes.
Chair Hardemon: If we do it in the afternoon -- we have previously scheduled meetings. That's
the day before the Commission meeting, so I know I have meetings set from the morning, but if
we do it in the afternoon, that's fine.
Commissioner Suarez: Bring your dinner, bring your popcorn.
Ms. Mendez: This is Wednesday, the 22nd?
Chair Hardemon: But you need to check with Commissioner Gort.
Ms. Mendez: Yes, so just give us a minute.
Commissioner Suarez: You have him on the phone?
Chair Hardemon: It's like when it's like a fire.
Ms. Mendez: I'll go check.
Chair Hardemon: Like a fire. Yeah, thank you.
Daniel J. Alfonso (City Manager): Well, I'm scheduled with Commissioner Gort at 8:30 that
morning, so --
Vice Chair Russell: So he's available?
Chair Hardemon: Well, no.
Commissioner Suarez: He should be here.
Chair Hardemon: He's --
Mr. Alfonso: -- the 22nd after 12?
Chair Hardemon: -- at least he'll be here in the morning.
Mr. Alfonso: I was -- just overheard 22nd after 12. Okay. Is that what he said? Okay, we're
told that he has said that we would be available after 12.
Commissioner Suarez: All right, so 2 p.m., Wednesday, the 22nd.
Chair Hardemon: Wait, wait, wait, wait. One second, one second.
Vice Chair Russell: That's the day before Commission, right?
Chair Hardemon: One second.
Vice Chair Russell: Going to do two in a row.
Ms. Mendez: The day before Commission.
Commissioner Suarez: And however long it takes, add it on to the next day; how long it would
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have been.
Vice Chair Russell: Or we may just stay here.
Commissioner Suarez: Or we may just hang out. Put -- you know, put some tents and candles,
everything, the whole shebang.
Chair Hardemon: Mr. City Manager --
Unidentified Speaker: Canceling our (UNINTELLIGIBLE), Commissioner?
Chair Hardemon: Right, we have -- don't we have a meeting with the PS-037, the moratorium?
Mr. Alfonso: Yes.
Chair Hardemon: That's with --
Mr. Alfonso: We would have to move that meeting.
Chair Hardemon: Is that just City -- is that just City individuals, or does that include the
County?
Mr. Alfonso: I'm trying to look for -- we have some County people involved, I believe, but I'm
sure that we can move that meeting.
Chair Hardemon: Okay. So the first thing we need to do then is to establish a special meeting
date, so I'd like to entertain a motion to establish a special meeting date.
Commissioner Suarez: Move special meeting for --
Chair Hardemon: June 22.
Commissioner Suarez: -- June 22, 2 p. m. ? Does that work for everybody?
Chair Hardemon: Special meeting date at that time, at 2 p.m.
Commissioner Suarez: 2 p.m.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Carollo: Second.
Vice Chair Russell: Do we need to set an agenda for that meeting at this time?
Chair Hardemon: That is what I'm trying to get to.
Vice Chair Russell: Okay. You have a second.
Chair Hardemon: All right. It's been properly moved and seconded that we establish a special
hearing date of the Miami City Commission on June 22 at 2 p.m., I believe. On that motion, is
there any discussion?
Commissioner Carollo. Yes, Mr. Chairman.
Chair Hardemon: You are recognized.
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Commissioner Carollo: That will be for the bid protest only.
Chair Hardemon: That will be for a special meeting date on that date. And our next motion will
be deciding what goes on that agenda.
Commissioner Suarez: The agenda.
Chair Hardemon: If -- you say that now; wait, until it gets complicated.
Commissioner Suarez: I'll say that the motion is to set a special Commission meeting for the
22nd at 2 p.m.
Chair Hardemon: Correct.
Commissioner Suarez: And he seconded that motion.
Chair Hardemon: Any further discussion?
Commissioner Suarez: We will then discuss the agenda. The next item will be --
Chair Hardemon: That's what we'll do.
Commissioner Suarez: Correct.
Chair Hardemon: Seeing no further unreadiness, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Later...
Vice Chair Russell: All right, we have a motion. Do we have a second?
Ms. Mendez: The motion as --
Unidentified Speaker: Presented.
Ms. Mendez: -- presented by --
Vice Chair Russell: As presented.
Ms. Mendez: -- Commissioner Suarez, which, based on that order --
Commissioner Suarez: To set the agenda for the special meeting.
Ms. Mendez: Set the agenda and the order. Is that what --?
Commissioner Suarez: Yes, the agenda is the order.
Ms. Mendez: Okay. No, no, I just -- I wanted to be clear, based on what the motion was.
Commissioner Suarez: Yeah. I just think in the interest of fairness -- I'm not saying we couldn't
do it the way that they're suggesting. We certainly could do it the way that they're suggesting. I
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RE.9
16-00578
Department of Real
Estate and Asset
Management
RE.10
16-00645
Department of Real
Estate and Asset
Management
just think in the interest of fairness that, because we've gone down this road, rightfully or
wrongfully, I think it's the way that we should do it. I think it's the right thing to do. It's the fair
thing to do, you know. I don't think that prejudices anybody, you know. I think everyone gets to
hear their -- you know, get to tell their side of the story, and that's really what this is about;
everyone having an opportunity to tell their side of the story and us making the best decision for
our residents. Simple.
Vice Chair Russell: All right, I will second the motion. All in favor?
The Commission (Collectively): Aye.
Vice Chair Russell: Okay, so we have a date; we have an agenda.
Commissioner Suarez: Thank you, guys.
Vice Chair Russell: Thank you very much. I --
Mr. Dotson: Thank you very much, Mr. Chairman.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO WAIVE THE
LATE FEES ASSOCIATED WITH THE CITY -OWNED PROPERTY LEASED TO
DOLORES, BUT YOU CAN CALL ME LOLITA, LLC, AS IDENTIFIED IN THE
CITY OF MIAMI AUDIT NO. 15-001, ATTACHED AND INCORPORATED, IN
THE AMOUNT OF FIFTY-EIGHT THOUSAND SEVEN HUNDRED THIRTY
SEVEN DOLLARS ($58,737.00), IN EXCHANGE FORA ONE-TIME PAYMENT
OF FIVE THOUSAND DOLLARS ($5,000.00) AND IMPROVEMENTS TO THE
CITY -OWNED PROPERTY TOTALING FORTY-FIVE THOUSAND SIX
HUNDRED THIRTY DOLLARS ($45,630.00).
16-00578 Summary Form.pdf
16-00578 Back -Up Documents (06-09-16).pdf
16-00578 Legislation v2 (06-09-16).pdf
16-00578 Exhibit (06-09-16).pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item RE.9 was deferred to the Planning and Zoning Commission Meeting
scheduled for June 23, 2016.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER TO ACCEPT DONATIONS ASSOCIATED WITH THE
CROWDFUNDING CAMPAIGN TO BE EXECUTED BY THE NATIONAL
TRUST FOR HISTORIC PRESERVATION AND HEINEKEN IN AN EFFORT TO
RAISE FUNDING TO RENOVATE THE MIAMI MARINE STADIUM.
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RE.11
16-00785
16-00645 Summary Form 06-23-16.pdf
16-00645 Notice to the Public.pdf
16-00645 Back -Up Document.pdf
16-00645 Legislation(v2) 06-23-16.pdf
16-00645 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item RE.10 was deferred to the Planning and Zoning Commission Meeting
scheduled for June 23, 2016.
RESOLUTION
District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner Ken ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
Russell PURCHASE AND SALE AGREEMENT WITH ASTOR TROLLEY, LLC FOR
THE ACQUISITION OF THE PROPERTY LOCATED AT 3722 AND 3724 OAK
AVENUE, 3320 AND 3340 SOUTHWEST 37 AVENUE, AND 3723 FROW
AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, SUBJECT TO AN APPRAISAL AS PROVIDED FOR IN
SECTION 166.045, FLORIDA STATUTES, FOR USE AS A COMMUNITY
CENTER; ALLOCATING FUNDS FROM A SOURCE TO BE DETERMINED;
FURTHER DIRECTING THE CITY MANAGER TO PRESENTA STATUS
REPORT OF THE SAME, OR A PURCHASE AND SALE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AS APPLICABLE, TO THE
CITY COMMISSION WITHIN NINETY (90) DAYS OF THIS RESOLUTION.
16-00785 Back -Up Document.pdf
16-00785 Back -Up from Law Dept.pdf
16-00785 Legislation.pdf
16-00785 ExhibitA.pdf
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0284
Chair Hardemon: Moving on now to --
Donnovan Maginley: Thank you.
Chair Hardemon: -- RE.11, our 11 o'clock time certain.
Vice Chair Russell: Thank you, Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you. Before we make a motion, I would like to bring a little
perspective to this item and a little bit of history. I received a lot of correspondence in the last
few days since this was put on the agenda; and it was mentioned in the Herald, and a couple of
blogs. I think a little perspective and a little history is in order. We are potentially making a
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motion here to direct the City Manager to negotiate the purchase of a trolley garage that is
located on Douglas Road in the west part of Coconut Grove. This trolley garage came about
from Coral Gables. They have a trolley service that serves free to Coral Gables, and they had no
space for the trolleys they wanted to serve. And they wanted to redevelop the place where their
current trolley garage is, next to Merrick Park; and that wasn't fitting for next to Merrick Park,
so they wanted to develop it into something nice. They found a developer and were willing to do
a land deal where they would relocate the trolley garage and develop that land if they could find
-- not that -- the trolley garage, please -- if they could find suitable land. And where can we put
a industrial trolley garage? The land was found in Coconut Grove; and most particularly, in the
West Grove. This caused a lot of controversy over the last few years. And I wasn't on this
Commission at the time, but my predecessor dealt with. He dealt with the developer and the
community, and the question came about as to whether you could put an industrial garage in the
middle ofa residential neighborhood ofsingle-family homes. And I would venture to say that in
other parts of the Grove, you can't; but in this part of the Grove, it was decided we could. The
controversy rose to a level that lawsuits were filed. Our crack team of attorneys found that we
did not violate as a city our Planning & Zoning rules in allowing this building to be built. But a
complaint to the Federal Transit Authority did find that our City, the City of Coral Gables, and
the County had violated the 1964 Civil Rights Act; and particularly Article VI, where we talk
about any Federal funds used in a mass transit application need to include a study of how they
will impact a minority community, if they will, and this certainly does. And as we know, this
came about because there is a history of Federal Transit projects negatively impacting minority
communities who don't have a voice to object. Well, our community had a voice, and they were
successful in the sense that Coral Gables withdrew their intention to do this. They settled with
the developer on the side. The neighbors were successful in the settlement to get the building
limited in its use of when it would be sold to what it could be; certain industrial uses wouldn't be
acceptable for a certain period of time, but that clock is ticking. Problem solved, right? No,
because what we have here is now an empty building with limited uses and a developer waiting
to try to sell it, and a community that feels not fully respected and justified in the end decision. I
campaigned throughout this community. I knocked on almost every door, and this is one of the
biggest things I heard about, is what's been done to this community over and over again. This
isn't history, even though the history goes back. My predecessor negotiated a deal with that
exact developer regarding Armbrister Park, and that -- looking into that is what actually
uncovered, so to speak, the actual contamination issues within our parks that we're dealing with
now. And one of those parks is in front of my home, and that is actually the spark of how I got
involved in politics altogether. I joined the Old Smokey Steering Committee because that
contamination was potentially linked to the incinerators; the closest of which was put in the West
Grove; a giant incinerator that dropped ash years -- for years and years -- decades -- on the
community. And as a member of the Old Smokey Steering Committee and as a candidate
running for office, I walked door to door, and I learned and I saw with people in their living
rooms who had stories of the ash coming down as they were going to school and getting in their
hair and getting on their clothes on the line. This is an impact on a community that didn't have a
voice at that time. Have we changed? Have we improved? This example of what happened with
this trolley garage was symptomatic of that same sort of feeling that things can be done here that
might not be able to be done in other parts of the City; and, in fact, since I've been in, I'm trying
to change that. And I have a vision that I'd like to incorporate and work with the community,
but I still see this systematic problem; and ifyou could show the next slide, Martin. This is a --
the map, please. This is a map that's created by our Capital Improvements Department, and it
shows every project that's in the works; that's funded, unfunded, planned. It just shows our
intention to work, where we're going to fix streets, where we're going to fix drainage; all the work
we're going to do, and some of the projects that area closed and the different colors you can see
here. But anything that's -- any street that has color on it shows that we're planning to improve
that area. And if you'll notice, a big gap right here, and it does right down 32nd; it goes south of
Grand and it goes west -- it actually -- this could be a perfect map of the West Grove, just by
looking at where we don't want to put any Capital Improvements projects.
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Applause.
Chair Hardemon: Sir -- yeah, thank you.
Vice Chair Russell: And this is something that I'm working to change. These are the decisions
that we make as a Commission where we -- and I've been working with our Capital
Improvements Department and our Manager to now start looking at what we can improve, the
infrastructure, because it's not because there's not need. There's weeds growing in the streets;
there's crumbling sidewalks; there's things that are considered unacceptable in other parts of our
City and other parts of my district. And so, I'm so glad that the allocation we made of the million
dollars to each district in the last month is going to allow me to really go in and start making
changes; not only here, but you'll notice above you, US 1, Golden Pines has similar issues of
neglect in terms of capital improvements. And that's something that is the Commissioner's job to
help prioritize and meet with the community and direct the management on which jobs to
prioritize, and work together with Capital Improvements on this. And I've had a lot of
cooperation. I'm really thankful to Jeovanny and our Capital Improvements Department,
because we are going to start looking at the streets there. So my vision for the Grove doesn't just
have to do with this trolley garage; it's a much, much bigger job. The capital improvements are
just one step. The other item we tabled today was allocating some funding to negotiate the lease,
which we've been working on for about six months, to get a police substation, a NET
(Neighborhood Enhancement Team) Office, a Code Enforcement Office in the West Grove. This
NET Office did not exist there before; before, it was just a police substation, but with cooperation
from Commander Morales and Chief Llanes and the Manager; and much thanks to County
Commissioner Xavier Suarez, who has offered to help out with that, as well, because this isn't
our normal practice. We don't have substations around the City, and it's actually outside of the
Chiefs philosophy. But there is a need here, and we're looking to meet it. And so we have a
lease on the table that can accomplish that in its existing location on Grand Avenue. What Mr.
Armbrister brought this morning was the question of Why don't we use this building for
something like that? "And that's certainly on the table, but that's just the start of my dream for
West Grove. And I call it The West Grove. "I know it was re -branded not long ago as Village
West,'but for me, that's missing two words: Coconut'bnd Grove. "For those who know their
history, in our 120th anniversary right now, if you know your roots, this City started in Coconut
Grove, and it was started by the Bahamians who settled Coconut Grove over a hundred years
ago; who built the homes and taught the farming; and actually had their names on our initial
documents, putting this community together. There is so much we can do with regard to
affordable housing, and I'm going to use every tool available at my disposal. Mr. Rashid is here,
and he's made some of the first efforts in a long time to bring affordable housing to the West
Grove. And the limitations on the subsidies available to him are the only limitations that keep us
from truly serving the low- to moderate -income needs that we have in the community. Mr.
Armbrister, you speak of that all the time. And I'm looking to find more tools to empower
yourself and other groups; and who knows what tools are available to us -- land trust. Who
knows what we can do. There is so much we can do, and I'm very excited about that. I'm
looking to create historical designations to protect the last few shotgun and wood frame homes
that exist, because, ironically, I have the least amount of poverty -- Anti -Poverty funds, because
my district is not full of poverty, and so the funds are allocated district by district. I have less
than $100,000 to spend on the entire district. But the irony is that because of the wealth that
surrounds Coconut Grove, the West Grove -- because of the Gables and the Grove -- the West
Grove has the biggest target on its back for gentrification and displacement. And it's getting
harder and harder to utilize affordability dollars to create affordable housing there, because the
land is already getting more expensive. People are getting pushed out. And if I have any ability
over my next four years -- or three and a half now -- to change that, that's my mission. And so
I'm looking to us as a Commission to take this first step and show that we are on board with this
new vision. I'm working together with the Bahamian Consulate, who has graciously donated and
commissioned a bronze sculpture of the original Bahamian settlers that will be placed on Grand
Avenue. But the first step in this particular project is to acquire the land. And when some of the
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word came out this week that this was on the agenda, people started saying, Wait, we weren't
involved in this. This is the trolley leaving the garage too early,'ko to speak. And that's not the
case, because this is just the first step. What would be done with this building, if we acquire it, is
going to be up to the community. One idea is a community center; one idea is the City services;
one idea is a health center; one idea is a museum. There are so many opportunities we can have,
and the start of this discussion has created a flood of interest in people who want to participate;
groups that want to activate the space. It's very exciting, and I'd like to move that we authorize
our City Manager to begin a negotiation with the developer, and see what can be done.
Commissioner Suarez: Second; discussion.
Chair Hardemon: It's been properly moved and seconded. Before we move into a discussion by
the dais, I'd like to open this up for a public hearing. Are there any individuals from the public
that'd like to speak on this item? You have two minutes. For those of you who have never been
here, we do not applause -- applaud, rather -- someone's speech, because many speeches that
you hear today will be moving, and the orators are usually very talented. So, instead, we ask you
to just raise your hands and shake them as so (indicating) to show support, because if you
applaud, then we have to wait for you to quiet down; and then, I'm going to have to direct you to
quiet down, and it takes away from the time that we have here today. So the floor is open for
public discussion. If you'd like to be heard, please step to any of the lecterns at this time.
Williams Armbrister: Again, my name is Williams Armbrister, Sr. I reside at 3260 Thomas
Avenue, here in Coconut Grove. And your proposal -- you spoke so well on the matter, Ken. And
there's very little left to say, but there is some that needs to be said. First of all, I'll start with an
industrial establishment built abutting a residential community. If there are any zoning laws that
will permit that in the City of Miami, I'm not privileged to that knowledge; and if there is, I
would appreciate it very much if you'd bring that to my attention, because it has -- it is not done;
something that's not done in Dade County. And what we need is what you should be doing, all of
you. You should want to hear what our concerns are. We -- the fact that it was initially for a
trolley building is like my teenage years; it's gone and will never return. So what we're dealing
with is the issue of what we have existing right now; what would best serve this community. And
a proposal that would be for the -- before purchasing it, there should be some idea of what will
be done with it after purchasing. We don't want to just buy it and then figure out later on, or let
somebody come up with some grand scheme of an idea of what to do with it. There should be
something on the table before even considering purchasing that building. So one thought
process -- and I'm just voicing one of many -- is for the second story, you'll need an engineer,
like I said earlier this morning, to design that building internally to support a second floor,
which would be for the police substation and a -- the NET Office and whatever services that are
normally in the NET Office on the second floor, and then determine what the first floor should
be, because how many teenagers or youth we have in the community, it's dwindling, because
many have had to be relocated because of the lack of accessibility to housing for low- to
moderate -income households. When you say affordable housing,''ou probably don't notice it,
but I start turning white, because affordable housing is not accessible housing; it's just housing
that is available. We need housing that is accessible for homeowners, you know.
Chair Hardemon: Excuse me, Mr. Armbrister.
Mr. Armbrister: Yes, sir.
Chair Hardemon: Your time has expired.
Mr. Armbrister: My time has expired?
Chair Hardemon: Yes, sir. Thank you very much for your comments.
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Mr. Armbrister: In closing, I would like to close with this statement: Review my dialogue from
this morning and consider coming to the community and asking us what we need; in addition to
maybe a youth center.
Chair Hardemon: Thank you very much.
Mr. Armbrister: And I thank you very much for your time.
Monty Trainer: Monty Trainer, 2649 South Bayshore Drive, Coconut Grove. I'm here to support
the City's purchase of the trolley center with -- I know the City will decide what's the best use for
this property; I'll leave that to the wisdom of the City. I just think we need the property. I don't
want to give anybody a history lesson here, but I've been around a lot of the history. And I was
-- in 1969, when I opened my restaurant, I was with Father Gibson, Reverend Graham,
everybody. We had all these plans for West Grove; Steve Clark, Mayor Ferre; everybody's tried
to make something happen in West Grove. And I applaud Ken Russell here for what he's
committed to do in the West Grove, because I've always dreamed that being the corridor to
Gables and putting South Grove and everything together; and when the Playhouse was around,
ingress into the Grand Avenue would have been good. Right now, the stars, I think, are lining
up. As a matter of fact, Counselor General Rico is in my office for the meeting with Ms. Gibson;
and we have Ms. Gibson's Plaza come onboard; we have Teen Cuisine across the street; and
Miami Dade College, with Ms. Vano (phonetic), she's doing a hospitality program. And I think
now is the opportunity. We've got the Bahamian Government; and Mayor Regalado, myself the
Minister of Tourism, the Minister of Maritime -- it seems like everybody over there is a minister;
no Commissioners. But everybody was in favor of being involved. The Bahamian Government
has pledged money to come in with the Consulate; and I think the County Commission -- Xavier
Suarez put $10 million of County money into the Gibson Plaza. So I think now, with the
leadership of our Commissioner and our Mayor and the Commission, I think it's a no-brainer to
pick up this property. I mean, this is a once -in -a -lifetime deal. I think that we're in a position
now with this Commission, forward thinking, that we can make something happen in West Grove.
I know Rashid is behind me, but we've been working with Rashid through the Coconut Grove
Arts Festival where we have a gallery walk now, and we switch back and forth. So there's real
live artists now on Grand. I mean, we have about 15 working artists; much like the Bakery
Center. So, you know, Wynwood jumped out there so quickly and got all the fanfare. I think we
have another Wynwood right over here on Grand Avenue, and I think we ought to approach it. I
see you're getting ready for your gavel.
Chair Hardemon: Yeah. Thank you very much for your comments. Your time has expired.
Mr. Trainer: Thank you.
Jihad Rashid: Good morning. My name is Jihad S. Rashid, 3628 Grand Avenue. We've been
involved, of course, in the Village West, and that name came as part of a referendum from the
citizenry who did a vote, and that is only a truncated version of it. It's Coconut Grove Village
West, and the reason it came about is because people would not call the West Grove Coconut
Grove,'and everything indicated to exclude the citizens of that part of Grove. They wouldn't call
it Coconut Grove. "And the only time they would call it -- so anyway, it is not intended to
substitute for the glorious name of Coconut Grove Village. We've truncated the whole name, so
why don't we call it Coconut Grove Village? But anyway, I applaud the effort and the
consideration towards the trolley. I've been at the part of -- I first approached the Bahamian
Consulate two years ago, and the Collaborative is the only one with plans and numbers about
the prospects. And -- but obviously, it engendered a lot of confidence and excitement, and
everybody's picked up the mantel. Sometimes they get ahead of me, but we're definitely in the
mix. With respect to the trolley garage, the City -- oftentimes when a CDC (Community
Development Corporation), like the Collaborative, comes in, they ask for leveraging money, so
the City should take a position of being the leveraging agent. So I want to offer a caution or
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some caveats that, as we consider the acquisition of this property to consider the public/private
partnerships. There are some things ramping up now, and we don't want to get ahead of
ourselves. And we want to take a comprehensive approach. There is a Village -- Coconut Grove
Village West Development Plan, so we should start from a comprehensive view. One way it
might -- having a community center or a cultural center might overlap to some ramping up of
developments that are coming. So we should make sure that the City takes a position to invite
and encourage private sector investors to offer their concepts. And we could use the investment
from the City as the leveraging support money, and let's let the private sector make the first move
on this. So if we go forward with the acquisition, we would do it with that in mind. We don't
want to just buck and run, but on its face and on its surface, it's a good idea, and I applaud you,
Commissioner, for the -- acting in the best interest of the community, but let's do it in a
comprehensive way. There are some major substantial developers who are sketching things and
penciling things out. So it would always be advisable that -- to consult with the folks that are on
the ground that are doing the economic development in the community.
Chair Hardemon: Thank you very much.
Mr. Rashid: Thank you so much.
Chair Hardemon: All right. Is there any other person that'd like to speak on the item?
Renita Samuels -Dixon: Good morning, Commissioners. Renita Samuels -Dixon. I am a fourth
generation Grovite. My grandparents moved here in the 1920s. In reference to Coconut Grove,
Coconut Grove is the overall organization. There were two parts of Coconut Grove, and still are.
There's the Village, which is what's considered the white part of Coconut Grove. Then there was
the Grove, which is the black part of Coconut Grove, which is now known as Village West,'West
Village," whatever you want to call it. But those that are indigenous to this community still
recognize it as The Village'=- The Grove'=- excuse me. Now, in reference to the trolley
maintenance center, in 2014, when Coral Gables was trying to determine what to do with that
building, along with the City of Miami and Miami -Dade County, 'wrote a email, and I sent it to
the Commissioners in Coral Gables; and also, the Commissioner in our district at that time; and
also, the Commissioner from Miami -Dade County, who was our Commissioner at that time and
-- along with the residents in Coconut Grove -- suggesting that that building be purchased by
those three entities so that we could have a museum. I asked for a response. I never received a
response from any sitting Commissioner. I am glad that today that our current Commissioner
has decided to purchase that building. In reference to that, we would like for it to become a
museum to house the Bahamian and African -American Coconut Grove history. Why? Everyone
is always talking about the importance of the Bahamians in Coconut Grove. But what do we
have in place to actually show that? It will add to the area of tourism in Coconut Grove. We
have found funds to help with the Miami Museum. I have reached out to Torres and asked him to
donate the building, because I'm sure he has been compensated fourfold for what has taken
place. If we can purchase that museum and it become multipurpose in its use, with the museum
on the bottom floor, the top level can be retrofitted for a second level, which can be used for
community activities and so forth. We have the American Legion here, Post 183. We wanted to
house them there, because there needs to be some monument put in place for the service that they
have provided. You may have noticed throughout the year, we try to put up flags four times a
year. These flags were purchased through the Coconut Grove Ministerial Alliance and the
Coconut Grove Negro Women's Club. We purchased those flags -- 20 flags -- so that we could
showcase the history of the service that was provided throughout this City from Coconut Grove.
Chair Hardemon: Ma'am --
Ms. Samuels -Dixon: So we have a process in place. We also have developed a master plan for
the redevelopment of Coconut Grove, but we can't do it piecemeal by having separate
organizations sit down to do it. Some of the same people that have spoken today were actually
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on the museum committee that we have established back in 2014. We started meeting in
September of 2014. We invited Florida Memorial University out here; they came. We reached
out to the Bahamian Consulate; they sent a representative.
Chair Hardemon: Ma'am, your time has expired, so I'm asking you to come to a conclusion --
Ms. Samuels -Dixon: In conclusion, what I am saying is that we're not a haphazard organization.
There are those of us that have been working behind the scenes to make sure that Coconut Grove
has a place in not only the private sector, but also in public involvement in this community. So
we are in favor of the proposed purchase of the building if Torres will not donate it to us. And we
would like for us to have a committee put in place so that all of us are at the table at the same
time to decide the best use for that building. Thank you.
Chair Hardemon: Thank you very much. I want to remind everyone that there is a two -minute
limit on your speeches. I'm always very gracious and give you additional time beyond that, but
please do not double and triple your time by continuing your comments. Thank you. Is there any
other person that'd like to speak?
Thaddeus Scott: Good morning. My name is Thaddeus Scott, 3794 Florida Avenue. I'm a
life-long resident of Coconut Grove. Commissioner, you touched my heart this morning -- and
excuse me, sir, for applauding. It's just that --
Chair Hardemon: It's perfectly fine.
Mr. Scott: -- in my lifetime, I felt the pain that the Commissioner was speaking about that has
come not only from the City of Miami, but from -- I don't know whomever else -- to denigrate my
community, to tear it down, to make it what it is today, or help make it what it is today. As a
child, my community was a thriving community. We had businesses; we had -- it was a village.
We had neighbors who cared about each other; we had neighbors who would look out for each
other; we had gatherings. I could go anywhere in Coconut Grove, and ifI misbehaved, that
person would get me straight; and by the time I got home, my parents would kill me. But it's so
refreshing to hear what the Commissioner said this morning, because we in my community have
always felt that no one ever cared; you know, that all the dirt would just come to us; all the bad
things would just get to us. From somewhere, drugs have infiltrated our community and has
destroyed it. From somewhere, AIDS (Acquired Immune Deficiency Syndrome) has infiltrated
our community and is destroying it. So to hear from our Commissioner that a part of his mission
is going to be to help revitalize our community is very refreshing, and I applaud you, sir. I
apologize once again, Chairman, for being so -- whatever. I don't know, man; I was just so
caught up in emotion. I love my community; I'm going to die there. My grandkids are going to
take over from when I'm gone. So, thank you, sir, very much, for caring about us. Thank you.
Chair Hardemon: Thank you, sir.
Vice Chair Russell: Thaddeus, we met when I knocked on your door; you remember that?
Mr. Scott: Yes.
Dennis Cruz: Good morning. Dennis Cruz; Minister Dennis Cruz, one of the ministers at
Beulah Missionary Baptist Church; also vice president of the Ministerial Alliance -- Coconut
Grove Ministerial Alliance. We're taking the position that we want to see this building purchased
first. There are a lot of different community activists that want the building to be used for a lot of
different things, but we'd like to see the building, first of all, be purchased so that it doesn't go
anywhere else. It's our understanding of things and from -- you know, I'm not from Miami; I
come here from Boston. But as I sit back and I watch what's going on in the community of
Coconut Grove, I don't believe that a lot of the outside investors have the West Grove -- the
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people of West Grove in their best interest; it's not happening; that's not going on. But we want
to take the stance of let's go ahead and get this building secured. We've been fighting this battle
now for -- as the Commissioner said -- for a few years here. Let us go ahead and secure the
building, and then we'll sit down as a community; we'll figure out what we need to do with the
building. Thank you.
Chair Hardemon: Thank you very much. Any other persons? You're recognized, ma'am.
Kathy Parks: Hi. I'm Kathy Parks. I'm president of the Ken Russell Fan Club. It's Coconut
Grove'to me. I've lived here all my life, and I would like to see the trolley station bought, and
figure something out when we get it. Think there's a lot of things that West Grove needs. To start
off it's not West Grove," it's Coconut Grove. "And that the parks, like Armbrister and Virrick,
looks like Merrie Christmas Park. We're getting a new pool. I think we need a new swing set
and a jungle gym set, too; just like Merrie Christmas Park's. It's just -- I think we need to fix
everything over there. And maybe we can make the trolley station income producing for the
community, and a workforce place where we could teach people to do things that maybe can't get
jobs because they can't get jobs in certain businesses for whatever reasons and they're
limitations are. I think there's ideas, as you -- as Commissioner Russell said. And campaigning
with Ken, the one thing that -- there's several things about Ken that I like: His passion for the
West Grove. Maybe he and I might start crying right now. I know how he feels, and I almost feel
like his big sister sometimes on that; sometimes, maybe, his twin in the womb, because we really
have that same feeling. Also, it's hard to start a business in Miami, and it's hard to stay in
business in Miami. We're getting more homeless people in West Grove -- or Coconut Grove West.
I think Rashid might -- that might have been a good one. The more homeless people we're
getting, the more they're coming into The Village where everybody's paying high -dollar rent, and
it's starting to -- becoming a little bit like downtown -- people asking for money. And I witnessed
a couple weeks ago at a birthday party a young waitress -- gerver,'7 think is more politically
correct nowadays -- attack a sick, homeless woman, who's just -- crime is that she's mentally ill
from doing drugs all her life. And her -- she needed money for her kids to eat. I've known her a
long time. And she screamed at her and told her, Get a job. "If we don't do something about the
people and the housing, we're going to ruin the businesses that -- we've finally filled The Village
up. We finally got almost all the empty places filled with businesses. So I'm real nervous; I don't
like to speak like this. But anyway, I want to just fix it all and I know Ken does, too. So thanks,
and I hope you all will support that. Bye.
Commissioner Gort: You doing very well.
Chair Hardemon: You're recognized, professor. It's my -- probably my second time I've been
able to call on this gentleman, considering he called on me in class; made me stand up. He's
already standing, so I guess I don't have to do that. You're recognized, sir.
Anthony Alfieri: Thank you, Commissioner Hardemon; and many thanks' to the Commission.
The -- I'm Professor Anthony Alfieri, Environmental Justice Clinic with the Center for Ethics and
Public Service at the University of Miami School of Law. And we simply wanted to make one
observation in support of Commissioner Russell's proposal to this Commission, and that is to say
this is not only a matter of a civic obligation or a moral obligation of the City of Miami to this
underserved community, but we would submit, particularly in light of the map that Commissioner
Russell recent -- Commissioner Russell's staff moments ago illustrated to this Commission and to
the City Attorney that the map itself raises serious issues regarding prima facie evidence of equal
protection; of the fair and evenhanded treatment of inner city, predominantly minority
communities; not only in Coconut Grove, Village West, but across the City. And so we would
submit that this is not only a civic obligation of this Commission, but it is a legal obligation
under the 14th Amendment due process clause. And again, we applaud Commissioner Russell
and support this initiative entirely. Thank you.
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Chair Hardemon: Thank you very much. Seeing no further persons that want to comment on the
item, I'll close the public hearing at this time and bring this back to a discussion to the Miami
City Commission. Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. I think, as Mr. Armbrister said, the Vice Chair
was extremely eloquent in his comments in framing the issue and the discussion. From a purely
real estate perspective, as a real estate lawyer, I can tell you that the best time to buy a property
is when that property is somewhat in distress, if you will. And I think we have a situation where
we're in the best financial condition; coupled with the fact that this property didn't sort of work
out for the owner the way that the owner intended. So I think it makes for a unique set of
circumstances that otherwise, you would be either buying at the top of the mark; in this case,
you're not. And I think -- you know, Ilike the fact that you're saying that you're open to how the
asset can be used, reflecting on what the community has in mind for the asset, because I think
there is a variety of things that we can use the asset for. And I -- you know, obviously, the Grove
and the Grove area, we've -- before you got here, we had heard a lot of you know, concerns
about crime. We also have heard issues related to the station, how it's disenfranchised the
community, and how they felt disenfranchised as a result of this station. And I just think it's a
perfect place for the City of Miami to have a presence; and, obviously, we have to retrofit it to
make that work, but I had been looking at it from before, and I'm actually really glad you took
the initiative on this property. And so, you know, I support the item. I think we do need a
mini -station in the City. I don't know tfwe're going to take -- are we going to take the RE
(resolution) at this time, as well? Because I had a comment on the RE, which is the lease itself
on the mini -station that I was going to make, and then we decided to table the item. So I don't
know if --
Vice Chair Russell: I think right after this item.
Commissioner Suarez: Is that what you want to do? Okay.
Vice Chair Russell: I don't --
Commissioner Suarez: That's fine.
Vice Chair Russell: We can discuss it.
Commissioner Suarez: That's fine.
Commissioner Gort: Let's vote on this item; then take the other one after.
Commissioner Suarez: That's fine, yeah.
Chair Hardemon: Commissioner, you're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. I think what we're asking for today, ifyou
read the resolution, is for the City Manager to negotiate with the owner, and I'm just even
reading by what's reported in the newspaper; that the owner may not even want to sell. That's
what I interpret from the comments. I'm not sure if that's true or not; but, yes, I definitely will
support our City Administration trying to negotiate with the owner, and see ifwe could purchase
that property. As far as the funding, it seems to be determined in the future. You know, I think,
you know, once we know exactly what the price is and so forth, we -- that could be discussed.
But right now, I'm very much in favor; especially since -- let's not kid ourselves -- this property
caused a lot of agony for a lot of people in that area. So us purchasing it and then having some
type of meeting or meetings -- plural -- with the residents of that area to see exactly what it
should be used for, I think, shows a lot of good faith in the City moving forward. And I
appreciate your initiative, Commissioner Russell. So I will be in favor of this item. And then
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we'll take up the tabled item, because I -- this may take some time, so I still think that we need to
address -- I think it was CA.3 -- regarding the mini -station, because we may have to actually, you
know, lease that for some time to see if it's viable to move the mini -station and the NET Office to
this new location, and spacing and so forth, so I will be in favor of approving this, and then we'll
discuss the other. And I think the lease is for five years; however, the lessor -- is the lessor -- the
lessor is the one who can opt out.
Mr. Alfonso: Correct.
Commissioner Carollo: I think if we include the City --
Mr. Alfonso: That's the way you discuss it.
Commissioner Suarez: That's what I was going to say.
Commissioner Carollo: -- I think, you know, that's what it's there for. We could do lesser of
time, and then see if it's viable for us to move the NET Office and the mini -station to this
location. Thank you.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: You just mentioned a little bit of history. I remember in the -- '59/60, we
used to come and buy the best spare ribs on 32nd Avenue and Grand Avenue. I mean, it was --
Coconut Grove was an area where a lot of the people come, and it was great. I agree with it. I
think that facility should be used, and the community is the one that should decide what they
want to do with that. But at the same time, I don't want the seller -- because this is a mistake,
according to what I've read -- Coral Gables, Miami -Dade County, and the developer. My
understanding, there's Federal funds involved. I understand settlements have taken place, so I
want to make sure it's not a double dipping. I want to make sure in the negotiation, we find out
all the transactions that have taken place, if any funds have been reimbursed, and the -- if the
settlement has been paid off to the -- so we need to find out all of that, because I don't want the
owner now to take advantage of it. Oh, wait a minute, I made a bad mistake, but here comes the
City that's going to save me."
Chair Hardemon: Save me,'t-fight.
Commissioner Gort: So I want to make sure that that does not take place, okay? But I'm all in
favor of it, and I think that you're doing the right thing; get the community to let you know what
they want to see there.
Chair Hardemon: If may, I mean, I don't think there's any other Commissioner on this dais that
understands greater than I do the role of black people in the City of Miami, and the things that
sometimes the City of Miami celebrates that sometimes I don't quite understand, because of the
hardship that it caused the people within this community. And in this issue, I believe that your
community in the Grove did have a voice on this issue, and you had support from a number of
different entities that helped express your concerns. Regarding this issue, I felt like I read more
information, or I at least saw something that discussed somewhat the pricing of what they were
considering purchasing this facility for, which I thought was pretty high. And then -- and,
Commissioner, I may say that to retrofit a -- what is considered to be somewhat of a garage to a
youth center, if you will, it will definitely be a costly affair. And so the different -- the uses for
that building, I think, has to be greatly considered, because this facility was created with an
intent in mind that has much less traffic than the intent -- if you want to make it a youth center,
or some sort of other center within that area. So you look at different parks within our
community, you always notice that they have ample parking, it's -- well, we try to have ample
parking; let me be correct about that. But it is a place where people -- you know, you expect to
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have high traffic to that area. This parcel of land that was purchased, it was being made into a
facility to work on trolleys; didn't necessarily -- It increased the traffic to the area, certainly, but
not in the same way that a park would or a youth center, or something of that nature. So those
are the things I think we just have to consider when we move forward; is that the people that live
there that certainly do not want a trolley work station, but maybe they also don't want the
increased traffic that comes from a public facility like a youth center or such. So what I'm also
concerned about with it is just that -- what Commissioner Gort said -- is that we're not bailing
out someone who made a very unpopular decision when purchasing and renovating the
structure; and that, as Commissioner Suarez put it -- he described that the person is under
distress, but I'm not so sure or convinced that the person is under some sort of distress in selling
this property. And so when I look at -- on miamidade.gov, what the property was sold for at the
time, because it had separate parcels, it's -- it doesn't reach the amount of money that I read that
they want -- that they're asking for. So it doesn't seem distressed at all. It seems like he has --
he's going to have a windfall. And, certainly, I don't want to be a participant in this person
having a windfall, especially when it caused so much heartache within that community. And so,
like you, Commissioner Gort, I think that the Manager should be careful when discussing this
issue that the City of Miami is getting also the best deal for its people, and that the City of Miami
is not being cheated, because they found an issue that is within this area that we know that the
people will support in us purchasing, but it would be at a detriment to not only them that live
there, because there could be other dollars used to do other things within that community, such
as improve those streets. I mean, imagine if we bought a property in excess of $2 million, for
instance, of what we should be paying, that's $2 million that can go directly to benefit the people
of the streets, that community. And so I just want to be very carefully as we move forward. This
resolution is pretty straightforward, and I appreciate it being straightforward, because what it
does, it says that -- for the Manager to negotiate the purchase of this facility. And the way that I
know my Manager to be, he tends to get the best deal for the City of Miami, and I want that to
remain true here. It doesn't seem to me -- and you can correct me if I'm wrong -- that this is
going to move forward as a facility to service trolleys; is that correct?
Mr. Alfonso: Correct. So what I'm getting from this Commission is that if this Commission
approves, we're going to negotiate with the owner -- no wonder they didn't show who the owner
is, because the paper listed one person, but we were asked to speak to another person, so I'm not
-- but we'll dig all that out. We'll negotiate with whoever the owner is as hard as we can;
understanding that this person is holding a hot potato. So we don't want -- we would like to have
the freedom to negotiate as openly as possible and try to get the best price as possible; also
understanding that this facility will need significant retrofit in order to be utilized by folks in a
community center or whatnot, because there's only 14 parking spaces on that place right now.
There's no ADA (Americans with Disabilities Act) spaces that I know of. So there's going to be
significant retrofit needed for whatever use. Also, what the use will ultimately be is important,
because that will tell me what funds I can use. Right now, we have citywide impact fee dollars
that we put aside from Parks to purchase parkfacilities that has been allocated that we could
use. But if we use that, then its use will be restricted to parks or parks -related activities in the
future; which means, then, we use general fund. If we use general fund, that has no restriction,
but then they will go towards that fund balance numbers that we're talking about. So, you know
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: I want to recognize Commissioner Suarez and then you.
Commissioner Carollo: It was just on the topic that the Manager mentioned.
Chair Hardemon: Okay, go ahead.
Commissioner Suarez: I'll yield.
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Commissioner Carollo: Thanks. It was just on the topic, and that's exactly why I mentioned, you
know, the -- as far as funding, let's see what the amount is first; then funds will determined later,
as per the resolution, because, as the Manager said, there's different pots of money that can be
used, and depending what the use; like park impact fees and so forth. So I just want to reiterate
what he said, and that's why I'm not as concerned right now with the monies; not only that, Mr.
Chair, the other thing is that per our ordinance, we cannot pay more than fair market value,
anyways, so that's why I'm not as concerned. And I feel totally assure that we should allow our
Administration to negotiate in good faith to see exactly what they're able to bring back.
Chair Hardemon: You're recognized.
Commissioner Suarez: Yeah. And sort of to say something similar, but a differently, which is we
can't pay above appraised value; in other words, we have -- our Code protects us from
overpaying for a piece of property, so that's issue number one. Issue number two is I -- the
reason why I say it's distressed is because you build the property with an intention to use it for
something, and when that does not happen, now what do you have? You have a -- you nothing,
in essence. You have a properly that can't be used, that can't -- that nobody wants to -- anyway,
that needs significant retrofits. All that affects and actually diminishes the value of the property.
So I think, you know, the fact that, you know, we're looking at this as a potential opportunity to
serve the community, I think, for us, we can turn what was a negative -- a very big negative for
the community into potentially a very big positive for the community, and I think that's the beauty
and the elegance of the idea. Thirdly, I would say we don't have to pay it all in one shot. So, you
know, Commissioner Carollo was talking about different kinds offunding sources, but there's
also -- and he's right -- but there's also -- we can -- you know, in your negotiations, it could be,
Well, maybe we spread it out over three years; maybe we spread it out over five years. "Maybe
the seller is willing to finance, you know, the sale over a period of time, so we don't have to take
the hit all at once. So, I mean, there's a variety of different ways that a real estate transaction
can be structured, you know, for purposes of our bottom line and making a wise investment
decision for us.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you. All of what you said is absolutely correct, and the purchase of
this is not a gift or a favor; it becomes an asset of the City.
Commissioner Suarez: Of course.
Vice Chair Russell: And if it's a good investment, it's a good investment from that perspective.
And I would leave that to our Real Estate Asset manager and his assessment of what will become
in this community, because ifI have my way, it's going to grow in a beautiful way, and Grand
Avenue is going to become a beautiful thing. I even -- as the Chairman of the Coconut Grove
Business Improvement District, I challenged the BID (Business Improvement District) with
expanding their footprint down Grand Avenue; to start rolling out the carpet for new businesses
to feel comfortable to come in, and new tenants, restaurants, retail. I know a lot of developers
have their eyes on the Grove.
Commissioner Suarez: Yeah.
Vice Chair Russell: And I want them to know if they share my vision and that of the community,
they are very welcome, because we do need help there. And so if this appraises appropriately
and the City is able to take it over, I think it's only going to appreciate in value over time as this
community grows in a positive way. And my whole thing is just that if somebody wants to
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continue to live here that they can continue to live here; that if we allow the residents of this area
to be displaced completely, this City will have really lost its soul.
Commissioner Suarez: No, no.
Vice Chair Russell: This is our origin of Miami. And regarding the whole name confusion, I
apologize if anyone -- everyone should change their name, and this neighborhood should be
called Coconut Grove. "Regarding the developer, it had mentioned in the Herald that he was a
little, you know, taken by surprise that I had not reached out to him. And that is true, because
that's actually not my job, and I was going to leave that to our Asset Management team. But
once he saw the article, I decided to speak with who I understand to be the developer, Mr.
Torres; and, obviously, no negotiations, but just to open up the dialogue. And, you know, it
brings me to something that I think we need to recognize: Developers aren't inherently evil, and
to demonize a developer for doing what is within their nature -- to see an opportunity and make
a profit -- is not the right thing, necessarily. You can't expect developers in business to have a
social conscience. That is what we, as a government, are here for; to put in place the rules
under which development acts, and we're responsible for that. And so I think -- I hope that the
City has a fruitful negotiation. Commissioner Gort's comments are very true; that some research
needs to be done on what has already been settled with this developer in terms of Coral Gables
and the County and everything else. I appreciate the willingness here and the words of caution
and the statements from the community. I -- several people came that didn't speak, but I know
your sentiment, Clarisse and Linda and Barbara and the pastor and Thaddeus, thank you for
coming. I -- Rashid. I mean, these are people I've spoken with. And the idea of a community
center -- if I could just finish with this brief mention. I left the dais a few months ago, because
there was a shooting in the West Grove, and I'm a new Commissioner. I had never been on a
crime scene before from that perspective. You hear about shootings on the news; you see things.
This was the first time I'd ever stepped under the yellow tape, and it was at an elementary school.
And going into a portable classroom and seeing a hole in the window and a bullet on the floor
hit me really, really hard. And I met with County Commissioner Xavier Suarez after that point,
and we resolved that we are going to find opportunities for the youth in this community. We're
going to tackle these issues of gun violence and do everything we can. And he came up with The
Envelope of Safety, and the activities that we're looking to provide for youth. I went to the
Barnyard, which is another City -owned property where we have a community center for
elementary students and under -- that services them after school. And my first thought was
asking them about, you know, what opportunities are available and what needs are there, and it's
tremendous. And there are good groups working. The START (Simple Triage and Rapid
Transport) Organization wrote me a beautiful letter after hearing about this and their interest to
get involved. The One Grove Foundation is helping watch kids after school and helping with
tutoring. The Jason Taylor Foundation out of Broward has approached, and they actually do a
after -school program where they would only need the center from 3 to 6 on weekdays. What it
could be during the day and during the evening could serve the community in so many different
ways. I'm very open-minded to all of this, and we'll go through a very proper process of really
reaching out to the community and learning what we should do if this is successful. So I hope for
your support, and thank you all.
Commissioner Gort: Call the question.
Chair Hardemon: The question has been called. All in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. It's RE.11.
END OF RESOLUTIONS
ATTORNEY -CLIENT SESSIONS
City of Miami Page 85 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
3:00 P.M. TIME CERTAIN
AC.1 ATTORNEY -CLIENT SESSION
16-00725a
Office of the City UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING
Attorney THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE
PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION
CASES OF: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT
COMPANY, ETAL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT
COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, ETAL., CASE NO. 15-747, BEFORE
THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF
FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7,
DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR
REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY
CLAUSE, DOCKET NO. 160009, PENDING BEFORE THE FLORIDA PUBLIC
SERVICE COMMISSION. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE
COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED
BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS
WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE
CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L.
MIN; LITIGATION DIVISION CHIEF CHRISTOPHERA. GREEN, AND
ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND XAVIER E. ALBAN.
A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT
THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE
MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED,
ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED
AND THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION.
16-00725a Memo - Office of the City Attorney (06-09-16).pdf
16-00725a Notice to the Public (06-09-16).pdf
DISCUSSED
Barnaby Min (Deputy City Attorney): Additionally, on May 26, 2016, under the provisions of
Section 286.011, Subsection 8, Florida Statutes, the City Attorney requested that the City
Commission meet in private to discuss the pending litigation in the cases ofMiami-Dade County,
et al. versus Florida Power & Light, et al., Case Number 3d14-1467, before the Third District
Court of Appeal; City ofMiami versus State of Florida Department of Environmental Protection,
et al., Case Number I5-747, before the Division of Administrative Hearings; in the matter of
Florida Power & Light Company Turkey Point, Units 6 and 7, Docket Numbers 52-040 and
52-041, before the U.S. (United States) Nuclear Regulatory Commission; and in re: Nuclear Cost
Recovery Clause, Docket No. 160009, pending before the Florida Public Service Commission, to
which the City is presently a party. The City Commission approved the City Attorney's request,
and now, at approximately 4:15 p.m. under -- will commence a private attorney -client session
under the parameters of Section 286.011, Subsection 8, Florida Statutes. The private
City ofMiami Page 86 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
attorney -client session will conclude approximately one hour later. The session will be attended
by the members of the City Commission, which include Chairman Keon Hardemon, Vice
Chairman Ken Russell; Commissioners Wifredo Willy'Gort, Frank Carollo, and Francis Suarez;
City Manager Daniel Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco
and Barnaby Min; Division Chief for General Litigation Christopher Green; and Assistant State
Attorneys Kerri McNulty and Xavier Alban. A certified court reporter will be present to ensure
that the session is fully transcribed, and the transcript will be made public upon the conclusion
of litigation. At the conclusion of the attorney -client session, the regular Commission meeting
will be reopened, and the person chairing the Commission meeting will announce the
termination of the attorney -client session. Thank you, sir.
Chair Hardemon: Thank you very much. So this meeting will be in recess until we conclude the
attorney -client session upstairs.
AC.2 ATTORNEY -CLIENT SESSION
16-00726a
Office of the City UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING
Attorney THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE
PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN
THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI,
CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE
DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL
MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824,
BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V.
VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, CASE NO.
3D16-866, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF
MIAMI V. VILLAGE OF KEY BISCAYNE, CASE NO. 3D16-900, BEFORE THE
THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY
BISCAYNE, CASE NO. 3D16-1019, BEFORE THE THIRD DISTRICT COURT
OF APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE
NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE
CITY IS PRESENTLYA PARTY. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE
COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED
BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS
WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE
CITY MANAGER, DANIELJ. ALFONSO; THE CITY ATTORNEY, VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L.
MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONAL MATTERS RAFAEL
SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY
AND AMANDA L. QUIRKE-HAND. A CERTIFIED COURT REPORTER WILL
BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED
AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION
OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF
THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION
MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE
COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE
City ofMiami Page 87 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
ATTORNEY -CLIENT SESSION.
16-00726a Memo - Office of the City Attorney(06-09-16).pdf
16-00726a Notice to the Public(06-09-16).pdf
DISCUSSED
Barnaby Min (Deputy City Attorney): Mr. Chairman, we've concluded the shade meeting on the
Key Biscayne -- FPL (Florida Power & Light) matters; now moving on. On May 26, 2016,
under the provisions of Section 286.011, Subsection 8, Florida Statutes, the City Attorney
requested that the City Commission meet in private to discuss pending litigation in the following
cases: Village of Key Biscayne versus City of Miami, Case Number 15-200 AP, before the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Appellate
Division; Village of Key Biscayne versus City of Miami and National Marine Manufacturers
Association, Case Number 3D15-2824, before the Third District Court of Appeal; City of Miami
versus Village of Key Biscayne and Miami -Dade County, Case Number 3D16-866, before the
Third District Court of Appeal; City of Miami versus Village of Key Biscayne, Case Number
3D16-900, before the Third District Court of Appeal; City of Miami versus Village of Key
Biscayne, Case Number 3D16-1019, before the Third District Court of Appeal; and Village of
Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County, to which the City is presently a
party. The City Commission approved the City Attorney's request, and now, at approximately
5:45 p.m., will commence a private attorney -client session under the parameters of Section
286.011, Subsection 8, Florida Statutes. The private attorney -client session will conclude
approximately one hour later. The session will be attended by the members of the City
Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell;
Commissioners Wifredo Willy'Gort, Frank Carollo, and Francis Suarez; City Manager Daniel
Alfonso; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min;
Division Chieffor Land Use and Transactional Matters Rafael Suarez -Rivas; and Assistant State
Attorneys Kerri McNulty and Amanda Quirke-Hand. A certified court reporter will be present to
ensure that the session is fully transcribed, and the transcript will be made public upon
conclusion of the litigation. At the conclusion of the attorney -client session, the regular
Commission meeting will be reopened, and the person chairing the Commission meeting will
announce the termination of the attorney -client session. Thank you, sir.
Chair Hardemon: So this meeting will be in recess until we've concluded with what our City
Attorney has just announced. Thank you so much.
Later...
Chair Hardemon: (UNINTELLIGIBLE) 2016. Well, the meeting is back in session. First, I want
to close out the attorney -client session that we had above, so Assistant City Attorney, I believe
there's something you need to read into the record.
Rafael Suarez -Rivas (Assistant City Attorney, Supervisor): Yes. You need to close the shade
session that you had and reopen your regular meeting.
Chair Hardemon: Okay. Then I've already done that. This meeting is back into session.
AC.3 ATTORNEY -CLIENT SESSION
16-00789a
Office of the City UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES,
Attorney THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING
WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT
SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASE OF: JAMES EDWARD HOEFLING, JR. V.
City of Miami Page 88 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
CITY OF MIAMI, RICARDO ROQUE AND JOSE GONZALEZ, CASE NO.
11-22358-CIV-LENARD/GOODMAN, BEFORE THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS
SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT)
AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION
WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION:
CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND
FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A.
GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL
LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS
DOUGLAS A. HARRISON, AND FORREST L. ANDREWS. A CERTIFIED
COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION
IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION.
AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE
REGULAR COMMISSION MEETING WILL BE REOPENED AND THE
PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY -CLIENT SESSION.
16-00789a Memo - Office of the City Attorney.pdf
16-00789a Notice to the Public.pdf
DISCUSSED
Barnaby Min (Deputy City Attorney): Mr. Chair, on May 26, 2016, under the provisions of
Section 286.011, Subsection 8, Florida Statutes, the City Attorney requested that the City
Commission meet in private to discuss the pending litigation in the case of James Edward
Hoefling, Jr. versus City of Miami, Ricardo Roque and Jose Gonzalez, Case Number
11-22358-CIV-LENARD/GOODMAN, before the United States District Court for the Southern
District of Florida, to which the City is presently a party. The City Commission approved the
City Attorney's request, and now, at approximately 3 p.m., we'll commence a private
attorney -client session under the parameters of Section 286.011, Subsection 8, Florida Statutes.
The private attorney -client session will conclude approximately one hour later. The session will
be attended by the members of the City Commission, which include Chairman Keon Hardemon,
Vice Chairman Ken Russell; Commissioners Wifredo DVilly'Gort, Frank Carollo, and Francis
Suarez; the City Manager, Daniel J Alfonso; the City Attorney, Victoria Mendez; Deputy City
Attorneys John Greco and Barnaby Min; Division Chieffor General Litigation Christopher
Green; and Assistant City Attorneys Doug Harrison and Forrest Andrews. A certified court
reporter will be present to ensure that this session is fully transcribed, and the transcript will be
made public upon the conclusion of the litigation. At the conclusion of the attorney -client
session, the regular City Commission meeting will reopened, and the person chairing the
Commission meeting will announce the termination of the attorney -client session. Thank you,
sir.
Chair Hardemon: Thank you very much. Until then, this meeting will be in recess as we meet
upstairs. And Commissioner Gort, you haven't retired yet.
END OF ATTORNEY -CLIENT SESSIONS
BOARDS AND COMMITTEES
BC.1 RESOLUTION
City of Miami Page 89 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
16-00470
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND
ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN.
BC.2
16-00261
APPOINTEES:
16-00470 Arts CCMemo.pdf
16-00470 Arts Current_Board_Members.pdf
NO ACTION TAKEN
RESOLUTION
NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
BC.3
16-00596
Office of the City
Clerk
APPOINTEES:
NO ACTION TAKEN
RESOLUTION
NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK
MANAGEMENT TRUST FORA TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jeanie Hernandez Commission -At -Large
16-00596 Bayfront CCMemo.pdf
16-00596 Bayfront Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
City ofMiami
Page 90 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0262
Chair Hardemon: RE.11.
Commissioner Carollo: RE.11 ?
Chair Hardemon: No. We already did that, right?
Commissioner Suarez: Yeah.
Commissioner Carollo: I think --
Commissioner Suarez: Just got to do --
Chair Hardemon: 9, 10; 11 passed, correct? (UNINTELLIGIBLE) haven't marked that.
Commissioner Carollo: Defer everything else to the next meeting?
Chair Hardemon: We did AC.1, AC.2. Board appointments. Board.
Nicole N. Ewan (Assistant City Clerk): Good evening. BC.3, Bayfront Park Management Trust:
There is one Commission -at -large reappointment of Jeanie Hernandez. Commissioner Carollo is
proffering the reappointment of such member.
Commissioner Suarez: Second.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. All in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.4 RESOLUTION
16-00757
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI
BEAUTIFICATION COMMITTEE FOR ATERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Shane Graber Chair Keon Hardemon
16-00757 Beautification CCMemo.pdf
16-00757 Beautification Current_Board_Members.pdf
16-00757 Beautification Resume.pdf
City ofMiami Page91 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0263
Nicole N. Ewan (Assistant City Clerk): BC.4, City of Miami Beautification Committee: Chair
Hardemon will be appointing Shane Graber.
Commissioner Suarez: Bless you.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Any further discussion on it? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.5 RESOLUTION
14-00967
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE
Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE
CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES:
14-00967 CIP CCMemo.pdf
14-00967 CIP Current_Board_Members.pdf
14-00967 CIP Memo and Resumes.pdf
NO ACTION TAKEN
BC.6 RESOLUTION
16-00597
NOMINATED BY:
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT
BOARD FORA TERM AS DESIGNATED HEREIN.
City ofMiami Page92 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
APPOINTEE: NOMINATED BY:
Eric Nemons Commission -At -Large
(Alternate Member)
16-00597 CEB CCMemo.pdf
16-00597 CEB Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0264
Nicole N. Ewan (Assistant City Clerk): BC.6, Code Enforcement Board: Commissioner Suarez
will be reappointing. That's a 5-5, so we'll skip that. There is one Commission -at -large alternate
member to be appointed: Commissioner Carollo will be appointing Eric Nemons.
Commissioner Suarez: And by the way --
Commissioner Carollo: Move it.
Commissioner Suarez: -- let me just take a step back, because I want to talk about this for a
quick second, not that we need to talk about anything more today; but that particular board
member understood, prior to the veto, obviously -- because this conversation that I had with him
took place prior to the veto -- he understood that he was going to be appointed for one year,
which was, I think, the last year that he would have had eligible beyond his term limit, or
whatever, and then he would have had to sunset out for a period of time, so he was okay with it.
But I did talk to him about it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Suarez: Yeah, for the other one. I'm sorry.
Chair Hardemon: Moved and seconded.
Commissioner Suarez: Yeah.
Chair Hardemon: Any further discussion on that? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.7 RESOLUTION
16-00598
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
City ofMiami Page93 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
BC.8
16-00266
16-00598 CRB Memos and Resumes.pdf
NO ACTION TAKEN
RESOLUTION
Vice Chair Ken Russell
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE
STATUS OF WOMEN FORATERMAS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Kimberly Sands Chair Keon Hardemon
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0265
Nicole Ewan (Assistant City Clerk): BC.8, Commission on the Status of Women: Chair
Hardemon will be appointing Kim Sands.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Is there any further discussion? Seeing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.9 RESOLUTION
16-00600
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
(Ex-Officio Non Voting Member)
(Ex-Officio Non Voting Youth Member)
NOMINATED BY:
Vice Chair Ken Russell
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
City ofMiami Page94 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
BC.10
16-00474
Office of the City
Clerk
BC.11
16-00599
Office of the City
Clerk
NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN
INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NO ACTION TAKEN
RESOLUTION
NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
IAFF
FOP
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
16-00599 Finance CCMemo.pdf
16-00599 Finance Current_Board_Members.pdf
City of Miami
Page 95 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
NO ACTION TAKEN
BC.12 RESOLUTION
16-00268
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S
INTERNATIONAL COUNCIL FORA TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Silvio Frank Pupo-Casco Vice Chair Ken Russell
16-00268 MIC CCMemo.pdf
16-00268 MIC Current_Board_Members.pdf
NO ACTION TAKEN
BC.13 RESOLUTION
16-00603
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE
FOUNDATION INC., FORA TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Adam Dunshee Vice Chair Ken Russell
16-00603 Bayside CCMemo.pdf
16-00603 Bayside Current Board Members.pdf
16-00603 Bayside Resumes.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0266
Nicole 1V Ewan (Assistant City Clerk): BC.13, Miami Bayside Foundation: Vice Chair Russell
will be reappointing Adam Dunshee.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Commissioner Suarez: That's a good guy.
Chair Hardemon: All in -- any further discussion? All in favor, say aye."
The Commission (Collectively): Aye.
City ofMiami Page96 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
Chair Hardemon: Motion passes.
BC.14 RESOLUTION
16-00601
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN.
BC.15
16-00758
APPOINTEES:
NO ACTION TAKEN
RESOLUTION
NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Francis Suarez
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND
RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES:
NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
16-00758 PRAB CCMemo.pdf
16-00758 PRAB Current_Board_Members.pdf
NO ACTION TAKEN
City ofMiami Page97 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
BC.16
16-00604
RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND
APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
16-00604 PZAB Application.pdf
NO ACTION TAKEN
BC.17 RESOLUTION
16-00605
NOMINATED BY:
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
16-00605 Sea Level Rise CCMemo.pdf
16-00605 Sea Level Rise Current_Board_Members.pdf
DISCUSSED
Chair Hardemon: You are recognized, sir.
Vice Chair Russell: Thank you. On BC.17, the Sea Level Rise Committee, last meeting we had
discussed the social justice seat that we had added, and I didn't know if you -- I believe we
discussed it -- would be filling that seat. I had a resume that had come to me that I wanted to
pass to you, and then I realized after the meeting, outside of sunshine, I really can't do that.
Chair Hardemon: Can't do it. Pass it to the Clerk, and I think the Clerk can make that known to
the general public, and then we could consider that way.
Vice Chair Russell: So I should say the name at this point so that it's public record and not --
okay. It's Kamala (phonetic) Fletcher, and she is very interested in that position, and so I told
her I'd somehow on the dais get that resume to you.
Chair Hardemon: We'll get the resume to the City Clerk.
BC.18 RESOLUTION
City ofMiami Page98 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
16-00759
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SENIOR CITIZENS'
ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Frank Carollo
16-00759 Senior Citizens Committee CCMemo.pdf
16-00759 Senior Citizens Current_Board_Members.pdf
NO ACTION TAKEN
BC.19 RESOLUTION
16-00760
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO
WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Eugenio Hernandez Kiwanis of Little Havana Foundation, Inc.
Ross Jimenez Kiwanis of Little Havana Foundation, Inc.
16-00760 Stars of Calle Ocho CC Memo.pdf
16-00760 Stars of Calle Ocho Current_Board_Members.pdf
16-00760 Stars of Calle Ocho Resumes.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0267
Nicole 1V Ewan (Assistant City Clerk): BC.19, Stars of Calle Ocho Walk of Fame Committee:
There are two members to be confirmed from the Kiwanis of Little Havana Foundation, Inc.
Those members are Eugenio Hernandez and Ross Jimenez.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Passes.
City ofMiami Page99 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
BC.20 RESOLUTION
16-00271
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT
REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
NO ACTION TAKEN
BC.21 RESOLUTION
16-00608
NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH
PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
BC.22
16-00609
Office of the City
Clerk
APPOINTEES:
NO ACTION TAKEN
RESOLUTION
NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT
ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Cody Courbier Commissioner Frank Carollo
City of Miami
Page 100 Printed on 7/20/2016
City Commission
Meeting Minutes June 9, 2016
16-00609 WAB CCMemo.pdf
16-00609 WAB Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0268
Nicole N. Ewan (Assistant City Clerk): BC.22, Waterfront Advisory Board: Commissioner
Carollo will be appointing Jeffrey Cody Courbier.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: All in favor, say aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Ewan: Thank you, Chair and Commissioners.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Thank you very much.
END OF BOARDS AND COMMITTEES
DISCUSSION ITEMS
DI.1 DISCUSSION ITEM
16-00649
Department of PRESENTATION BY THE FIRE CHIEF AND IAFF LOCAL 587 PRESIDENT
Fire -Rescue REGARDING THE DEPARTMENT OF FIRE RESCUE COMPREHENSIVE
CANCER PREVENTION PROGRAM INITIATIVE.
16-00649 Summary Form.pdf
16-00649 Presentation.pdf
16-00649-Submittal-Chief Kemp -Presentation -Cancer Prevention.pdf
16-00649-Video Presentation -Fire Chief Kemp -Sylvester Firefighter Survey.pdf
DISCUSSED
A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was
passed unanimously, directing the City Manager to identify funds for allocation in order to
implement the Department of Fire Rescue's Comprehensive Cancer Prevention Program; further
directing the City Manager to place an item on the June 23, 2016 City Commission agenda.
Chair Hardemon: I know there's a 10 o'clock time certain, DI.1, discussion of the Cancer
Prevention Program Initiative. Someone grab the Chief of Firefighters, please; Mr. Kemp. I
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don't know if you all know this, but Chief Kemp is the reason why we raised the roof the ceiling
in here, so.
Maurice Kemp (Chief of Fire): Commissioner --
Commissioner Gort: I don't stand next to him anymore.
Chief Kemp: -- my only request is a man-sized podium.
Commissioner Suarez: We need to get one that has -- like goes up and down with -- electronic.
Commissioner Gort: Freddy, you look sharp in uniform.
Chief Kemp: Good morning.
Chair Hardemon: Good morning, sir.
Vice Chair Russell: Morning.
Chief Kemp: Maurice Kemp, Fire Chief City of Miami; and Mr. Freddy Delgado, president,
Local 587. First of all, I'd like to thank the Mayor, the City Commission, and the Manager for
giving us the opportunity to discuss this very important issue; not just in the fire service, but
especially in the Miami Fire Department. The firefighting profession comes with special dangers
and hazards that are unique to the profession. As a progressive Fire Department, we made
constant changes in the way we encounter these hazards and the way they -- we protect
ourselves. A new danger -- cancer -- has become prevalent in the firefighting profession, and it's
also being addressed by fire departments throughout the nation. This has been the subject of
much study where several studies suggest a direct correlation between your firefighting
profession and cancer. One particular study by Dr. Fen Chou, done in 2006, involved 34,796
male firefighters and 2,017 female firefighters. The study was done between 1972 and 1999, and
in -- it indicated a significant increase regarding the prevalence of cancer among firefighters in
Florida. There was a 77 percent increase in thyroid cancer, an 80 percent increase in testicular
cancer, and a 29 percent increase in bladder cancer among males in the study. In females, there
was a 525 percent increase in Hodgkin's and a 297 percent increase in thyroid cancer. Cancer
has already become a danger of the utmost importance in the City of Miami Department of
Fire -Rescue, where in the last few years, we've grieved the death of eight City of Miami
firefighters; two of those being healthy young men who away passed in 2015. In addition, we
know of 31 active firefighters and 126 retired firefighters that have been plagued by cancer; and
these are only the ones that we know about. I'm sure there are more retired men and women that
we don't know about who've been victimized by cancer, as well. The Department has already
implemented an array of initiatives, including partnering with and participating in studies with
the University of Miami Sylvester Cancer Center, which are some of the same studies that the
Mayor recognized as of great importance, and asked the City Commission to urge Congress to
allocate funding for. This is a complete collaboration between the Fire Department and Local
587. We've been partners in this initiative from the very beginning, and we've created a
Comprehensive Cancer Prevention Program. This program will further decrease the prevalence
of cancer, and decrease the risk among firefighters in the City of Miami. This presentation will
give you an overview of this program. It'll also give you some insight regarding the progress that
we've made, ongoing initiatives, and further assistance that will be needed as we continue this
program. I'm going to ask Freddy Delgado to make a few statements, as well, before we start the
PowerPoint.
Freddy Delgado: Chairman, Vice Chairman, Commissioners, Administration, and the Mayor, I
want to thank you always for the support that you give to the Fire Department and to the
firefighters of the City of Miami; you're always there for us. I thank you for sending to
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Meeting Minutes June 9, 2016
Washington a request to provide more funding to the cancer research at Sylvester Institute. I
thank you for approving the funding for our new life scan physicals that are the top -of -the -line
gold standard forfrefighters that will, hopefully, detect cancers as early as possible so that they
could be treated and have a better outcome. And at the end of the day, we're here to ask for
some funds. I think by getting the life scan physicals as early as possible and detecting the
cancer, at the end, it does save money through our health insurance, through our workmen's
comp. I thank you for all the support you've always given us. We have been deeply affected by
cancer in the last year and a half. I've been president for a year and a half. We lost a
28-year-old firefighter to a brain tumor that only four types of that cancer have been detected in
the brain in the whole world. And we don't think it's a coincidence; there's data proving that
firefighters are more prevalent to cancer, 400 times more than the average person. We're
prepared, you know, to risk our lives to help our citizens, but one thing we're not prepared is to
fight, also, a horrible disease that is invisible. And the gear that we have protects us from the
temperatures, the high temperatures, but it does not protect us from the chemicals in the air that
produce the cancers. So I ask for your support on this item, and I'm confident that you're going
to be supporting us. Thank you.
Chief Kemp: Well, now, I'll go through a brief PowerPoint; and then, at the end, I'll answer any
questions that you might have. So as I stated, the goals were to initiate a program where we
would evaluate the risk factors for cancer in the fire service, and then develop a plan to deal with
these risks; and obviously, that plan took funding. As I stated earlier, many of the things in this
PowerPoint have been done already; they've been accomplished with grant funding and with
Fire Department capital dollars, and with the support of the Administration and the Manager, as
Freddy indicated, with the very important diagnostic physicals. So the first thing that we did was
we assessed our personal protective equipment; primarily, our bunker gear. And what we found
was -- what the studies have shown is the gear protects you from heat, but it doesn't protect you
from other things. So in addition to not protecting you from some of the chemicals, it also
becomes a hazard if you have it in your living quarters, if you have it riding around in your fire
trucks with you while it's off -gassing the products of combustion, so we dealt with that. Another
thing we did was we put exhaust removal systems in every fire station, and this will obviously
take care of the diesel exhaust. The systems have monitors. It's activated by the monitors, but
it's also activated when the door is opened, and it runs for a certain amount of times when the
trucks leave to make sure that it's safe. We talked about the physicals that will allow the early
diagnosis of cancer, but not just cancer; also, cardiac problems. So these life scan physicals are
a big step in what we're trying to do. And the last part of this was to educate our firefighters, to
change the culture, to change the mindset that it's macho to have dirty gear, or it's macho to get
as close to the fire as you can to burn your face shield so you can show your courage. That's an
educational process that will be ongoing to protect yourself; you know, to clean your gear; to
make sure that we give you clean gear if you get your gear soiled, and that process will be
ongoing. Obviously, this is an all -personnel or total workforce approach, and we would not be
successful if we didn't include our partners in labor, so we established a committee. And this
committee will not sunset; we'll keep going. As science evolves, we'll evolve. The educational
component is on the fire net, and as I said before, that's as important as anything; it's to change
the mentality of our firefighters. So we have a plan, we're working the plan; and as I said before,
it's a labor-management plan. This is what we've completed already. We looked at all of our
bunker gear. Any gear that wasn't adequate, we replaced it. We got a contract with a vendor to
clean our gear twice a year; go to every fire station, clean the gear; turn it around in an amount
of time so that the next time the gentleman or the lady comes on duty, the gear is ready to go.
And we also have a cache of 60 sets of gear on reserve, so if a station is contaminated or a crew
is contaminated or multiple crews are contaminated, we can get that gear to the station the same
night and put that crew back in service with clean gear. We also, a couple of years ago, which
was a very expensive but common-sense thing to do, is we gave every firefighter a second hood.
Underneath the helmet and around the face mask is a hood. It's very common for firefighters not
to wash these hoods. In fact, after the fire is out, they will lower the hood around their neck and
do overhaul or do the spot fires. And what the studies have shown is thyroid cancer is prevalent.
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But where is the hood? It's around the thyroid. So everybody has a second hood and the intent
is you have one clean; you use one and when it's dirty, you swap it out; common sense, but it's
not what we've been doing for the last 20 years. We've assured that every fire station has a
extractor and dryer. This is a special washer and dryer that's specifically made to clean
fire -fighting bunker gear. We did that several years ago, primarily with a grant. And so, in
addition to cleaning their gear, they have the ability to clean their gear themselves. Prior to
providing the cleaning service, the expectation was the firefighters would do it twice a year; at
least twice a year. In addition to the extractor, we have a regular commercial washer and dryer
so that the men and women don't have to take their uniform of the day home. They can wash
their uniform at the station and not contaminate their families and the rest of their clothing when
they get home. As I indicated before, every station has a exhaust removal system. Fire Station
12 on 46th Street and 14th Avenue is one of our newer stations; it was built in 1994. That station
came with a exhaust removal system, but that system is one where the firefighters have to hook it
up to the truck; and if you get a different truck, it doesn't fit. There are various issues with that;
the biggest issue being it depends on the firefighters to use it. Well, all the other stations have
passive systems, so part of our ask is for enough money to retrofit that station with a passive
system; one that doesn't involve any action by the firefighter. Another thing that we need to do is
at every fire station, we will have an area to store this bunker gear. When the firefighters are off
duty, the gear will be stored in lockers. These areas will have a negative pressure system
whereby the gas is being evacuated out as the gear dries or as the gear hangs there. There are
fire stations that are not compatible with -- they don't have a room, so we'll bring in pods for
those stations, and we71 get lockers for 750 firefighters to store their gear properly. As far as
apparatus is concerned, the newer apparatus burn a lot cleaner than the old apparatus. The
cutoff was 2006, so we have 13 units that are 2006 and older, and we will retrofit these units with
a filtration system that will make their exhaust as clean as the exhaust on the newer trucks.
We're putting carbon monoxide detectors in all station living quarters, and we're going to do an
air -quality test on every living quarter, every apparatus room in every station to make sure the
things that we've done are actually effective; and if not, we'll adjust from there. So as I said,
much of what we need to do, we have done. What we need now is $950, 000 to complete the
initiatives, and that's the ask that we come here with today. As Freddy indicated, the Mayor, the
Commission, the Manager have all been extremely supportive of the Fire Department, and I
really appreciate that. Over the last seven years that I've been Chief you have allowed us to
grow as the City has grown. You've allowed us to buy the state-of-the-art in firefighting
equipment, in rescue equipment, but I come here to ask for what -- something that I think is the
most important thing you could dolor us, and that is to help us to protect our firefighters while
they serve our citizens. So I'm going to ask Freddy to close, but as far as I'm concerned, there's
nothing more important that I can do as the Chief or Freddy can do as the president and you can
do as Commissioners and the Manager can do than to protect our firefighters. Thank you for
your time.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Mr. Delgado.
Mr. Delgado: I'm going to close with -- unless there's any questions afterwards --
Commissioner Suarez: Move the application. How about that?
Chair Hardemon: Well, I want to make a -- I want to first --
Commissioner Suarez: We can still make a motion.
Chair Hardemon: -- it's a discussion item, so as I believe -- and I can -- I may be corrected --
that we would have to direct the Manager to look into whether or not he can do it, and we
couldn't necessarily just make the allocation from here --
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Commissioner Suarez: Can I speak to that issue? I think we have the ability to move an
allocation as a discussion item. Maybe we don't do it regularly. Maybe we don't do it -- and
there's many good reasons why we don't do it on a regular basis. In this particular case, it's an
allocation that is, you know, duly noticed on the Commission agenda. And, you know, I don't
know if you all felt that you were briefed on it or not, but I'm comfortable, given the presentation
that's been made by the Chief and the Fire Union, moving the allocation itself. It may be
somewhat of a departure from what we normally do or are accustomed to doing, but I think,
given what he just said or how he finished his presentation, saying that this is literally the most
important thing that we can do to protect our men and women who are out there every single day
protecting us, you know, I think it's important for us to be bold in what we do.
Commissioner Carollo: Second; discussion.
Chair Hardemon: It's been properly moved and seconded, and I want to clam what the motion
is. The motion is to --
Commissioner Suarez: To allocate the funds.
Chair Hardemon: -- allocate $950, 000 to the Fire Department; that is the allocation --
Victoria Mendez (City Attorney): How --?
Chair Hardemon: -- that is the motion.
Commissioner Carollo: Second and discussion.
Ms. Mendez: And Mr. Chair, definitely, there could be a directive that advises the Manager to
look into this and look for allocations and what have you, but since this is a fiscal impact that
wasn't necessarily on the agenda, it's not something that you could just allocate today.
Commissioner Carollo: And --
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to begin by saying that
I'd like to thank our Fire Department for being proactive in what I consider -- yes, Chief -- our
most important role here, and that's to protect our employees; especially when those employees
are first responders; and they're, in essence, our heroes. I don't know too many people that go
into a burning building to save a life; not to mention all the other stuff that you all do as a
paramedic. I had to go to those funerals, and it's really hard to see how some of our young
heroes have passed away at such a young age. And I just in good heart can't sit here and just,
you know, not move on this; especially when just two weeks ago, our Budget director let us know
that, yes, we have a surplus for this current year. So it's not like we don't have funds for it, you
know; we do have funds in this current year's budget. So I stand by what I said, you know. I
actually had -- you know, was able to experience the great work that the Fire Department does.
There was a fire in one of the buildings in District 3 in Little Havana yesterday. Once again,
thanks to the great work of your men and women, they went out there and put out the fire soon
enough so there wouldn't be additional damage, and more apartment buildings would not be
damaged, where there's people then that have to be displaced; at the same time, I did notice that
even though the fire was put out and everything was safe, the smoke that was in there, and how --
yeah, even breathing some of that, I could tell, it was like, I' need to get out of here. "And I wasn't
in any danger, but you could tell that this isn't normal. And that's why I believe in one or two
other apartments, you wouldn't allow people to stay there, because of that smoke and that
inhalation that you guys go through. So I stand by what I've said already. Listen, from our last
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Commission meeting, it was clear we have monies in our current budget, and I thank you all for
being proactive. I think this is the right thing to do. And like I've always said, public safety is a
priority; first responders are a priority. And it's not just talking about it; we need to act on it,
also. Thank you.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Freddy, by the way, you look very good all dressed up. I took your picture.
I'm going to send it around, standing next to him. This is a -- I understand this is a national
problem that we have. I mean, all the fire stations going through the same thing throughout the
United States. So I agree with him that we have to support you; we always have. I think it's --
public safety is very important, but at the same time, I want to make sure the -- we allow the
Administration -- because we're -- it's about four items in here where we're going to be asking for
money. I want to make sure the Manager has the ability to locate the funds, where they going to
come from, because after you all go through our reports, we still have $786, 000 -- millions of
dollars of unfunded liability to the pensions, so that's something we have to take care in the
future. But I agree, this is a priority, so we have to make sure we understand where we put our
priorities, where we put the funds. But I don't have any problem with this; I'm all in favor of it.
Chair Hardemon: So -- and I just -- I want the --
Commissioner Suarez: He was raising his hand and the like --
Chair Hardemon: Commissioner Russell?
Commissioner Suarez: Yeah; the Vice Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: I just had a couple questions, and thank you very much. And the haircut
looks good, too. I like that. How do we compare with our rates of cancer to those around the
country, other departments around the country? Do we know that number? Are we above
average or below average or on par?
Chief Kemp: What we know is that the risks are the same internationally. The main problem are
the products of combustion have changed over the years; using more synthetics, more chemicals
involved in the buildings that we're putting out the fires in. So the answer to your question is I
don't know specifically how we compare, but what I know is our numbers are higher than
normal, and everybody else's is, as well. It's an international issue. State by State in the United
States, and outside, in Europe, legislatures are passing presumptive legislation that will assume
if a firefighter gets cancer that it's job related. That came up in Florida in the last session, but it
didn't make it. So this is a very real issue, and everybody has recognized it as such, but I don't
know specifically how we compare --
Vice Chair Russell: Understood.
Chief Kemp: -- to others.
Vice Chair Russell: And do we believe that the cancers are caused from -- mostly from
inhalation during fire -related -- or is it from contact? I notice you have a lot of allocation for
cleaning of gear and taking contaminants off of gear and stuff. Is it a lot from going into fire and
breathing; is that kind of what we suspect is causing?
ChiefKemp: No. We have self-contained breathing apparatus.
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Vice Chair Russell: Yeah.
Chief Kemp: And we do a very good job of keeping the mask on, even when the fire's out and
you're putting out the spot fires -- we call it overhauling -- the contamination, what -- they've
done studies and they're very graphic -- where they'll put a firefighter in full gear with a tank on
and a room filled with powder. And then after that, they'll disrobe him to his underwear and put
him under a black light, and he'll light up like a Christmas tree; the powder has made it through
the gear. And it's especially common for the powder to be wherever there's moisture -- the
armpits, around the neck, the pelvic region. So it's not a surprise that thyroid, testicular,
ovarian; those types of cancer in those areas that are moist are more prevalent. So it's not so
much inhalation, although that is a risk, especially if the men and women don't wear their mask,
you know. There used to be -- it used to be very common to take your tank off to overhaul, to go
through and put out the spot fires. Now, the emphasis is on wearing protective breathing
apparatus throughout. But the gear, in order for you to be able to tolerate the gear, it has to be
able to breathe. And if the gear can breathe, the contaminants can get in.
Commissioner Gort: There's mostly --
Chief Kemp: And then the off -gassing is a problem. You're exposed to the gear in your living
quarters and your truck, and it used to be quite common for fire departments to hang the gear in
the apparatus room, where it gets even more diesel exhaust. So a lot of it is cultural, and things
that we could very easily take care of. We're designing new trucks with compartments, where the
gear would go into that compartment, and that's vented; it's not in the compartment where the
firefighters will be. So we're evolving as the science evolves, but it's not so much breathing as it
is absorption.
Vice Chair Russell: The very first function I attended once I was elected was the graduation
ceremony of the new group, and it was at the Fire Training Center, which is the former
incinerator, the Old Smoky Incinerator. And I'm on the Old Smoky Steering Committee, actually,
and I had concerns, because when I went to the graduation, I noticed all the grass areas around
the parking lot have little stanchions, little chain link around them. And with a little research, I
understood that those are contaminated areas; that putting stanchions around them is a sufficient
remediation in this sort of environment; whereas if that was on a residential or a park, we'd have
to go to actual removal and capping, or anything like that. And that concerned me that for our
firefighters, it's good enough for us to just leave the contaminant exposed outside. And then it
brought even a further thought to me, and I'm no specialist on this, but you're actually working
and training -- their very first efforts as firemen in a building that was used to create ash. And I
just wonder if any of this funding will -- is used -- or if there is any testing done on the building
itself? Is there any wipes that check to see that there's no contact of contaminant in the building
or in the surroundings that could be affecting cadets or --? These are concerns I have, and I see
you have a program. I'm no specialist, but I'm just curious and concerned.
Chief Kemp: None of this funding is specifically to do anything at the Fire College, other than
air quality testing there, as we will at all the other facilities. And as it pertains to the mitigation
of the toxins at the Fire College, the experts looked at it and came up with a mediation plan or
mitigation plan, and they told us if there's ground cover and it's cordoned off, it's safe. So we're
going with what the experts said.
Vice Chair Russell: Understood. And final -- my last question -- I apologize to take so much
time. I actually haven't been briefed on this at all until today. We had a brief phone call, but my
kids were screaming in the car, so I had no real chance to go through it, other than what's in our
documentation. This is going to be an annual expectation for this program, or is this a one time
at this point?
Chief Kemp: The program is ongoing, but the expenditures are not annual expenditures. The
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annual cost has been put into our budget already; most of it is with the physicals; that's the
annual cost. There may be some other incremental costs with buying more bunker gear, so the
bunker gear has a 10-year shelf life. Obviously, if you buy more, you will replace more, but
that's over time. So we're not asking for $950, 000 per year. We're asking for this amount of
money to finish the program, but there will be some ongoing costs, but nothing near the initial
start-up cost.
Vice Chair Russell: Thank you.
Commissioner Suarez: Mr. Chair -- oh, I yield.
Chief Kemp: If you gentlemen could give us about three minutes, I have a video that's related to
the cancer study that Sylvester's doing with all of the fire departments -- or many of the fire
departments in our region. I know I've taken up a lot of your time, but I think this is a very
important issue; so, if you would allow us to, we'll run this video.
Chair Hardemon: You could play it.
Note for the Record: At this time, an audiovisual presentation was made.
Chief Kemp: So with this research, we may have answers to your question, Commissioner, on
how we stack up against others.
Commissioner Gort: The question I have, my understanding is there's some legislation asking
the Federal Government and State Government for funds. Is that going on? Because we should
make that a priority in our legislation request. But if you have something going already, let us
know so we can start lobbying.
Chief Kemp: We're -- our biggest push is to get the State of Florida to do presumptive
legislation, so any assistance that we can get would be appreciated. Also, the Mayor and you
passed legislation recently for research dollars, so, you know, if you can -- the research is as
important -- even more important than once you get it, assuming you got it on the job.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Yeah, I mean, you know, two weeks ago, I think --
or a month ago, we passed an allocation for a capital expenditure for the Police Department
with -- which was an up-to-date helicopter. And obviously, you know, as was said here today,
you know, the quality of life of our employees is as important as the quality of life of our
residents, and it's as important as the economic issues that involve pay and things of that nature,
because we all spend the majority of time at work. And so, we're risking -- you know, we're
exposing ourselves to whatever risks are involved in that. And obviously, the evidence is
compelling that the risk that you're exposing yourselves to is far greater than the risk that any
average person is exposing them self to in terms of the chemicals that you have to interact with.
You know, I think what you were referring to is like the heart bill in -- you know, there's a
presumption if you have a heart condition as a police officer that that's related to work. And I
think, you know, that's something that we really need to look at, because I think the evidence -- if
it's a 400 percent difference between people who are working in the Fire Department versus the
average person, I mean, that's a pretty strong correlation. That's a pretty large deviation in
terms of what the average population is experiencing. So I'm not as concerned about whether
there's a huge deviation between departments. I suspect that you are exposed to a lot of the same
chemicals. To me, it's more: What's the deviation between the normal population and the Fire
Department? Because I think that's the real correlation that evidences the danger that you put
yourselves in, which is separate and apart from the danger of your job, which is dangerous
enough. So, you know, I just -- you know, I know we have in the past made allocations -- or at
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least directed allocations upon discussion items, and I think this is compelling. I don't want to
not do it because it wasn't a resolution or because it wasn't something on the agenda, in the
proper, quote/unquote, format. "But I'm pretty sure that we've allocated from discussion items.
We maybe don't direct a specific allocation from a specific account or something of that nature,
but I'm fairly confident that we've done it. It's something we frown upon, we don't do it often,
and it's probably not a good practice to do it often, but I think in special circumstances like this,
it is appropriate.
Chair Hardemon: I want to say to the Commissioners, first of all, I don't think no one is against
what you intend to use these funds for. The issue that I have as Chairman, my job is to ensure
that this body acts in the way that it is intended to act. And I remember reading something
within our guiding ordinances that explains that any allocation made from the dais has to at
least have some analysis done by the Budget Office in -- some written analysis, I believe it says;
written analysis by the Budget Office. And that is part of the reason why we don't allow pocket
items to dictate how we go about allocating the funds, because pocket items typically wouldn't
accompany -- it wouldn't have accompanied with it a written analysis or at least a notice from
the Budget Office, the Manager, and the City Attorneys Office, saying that, Yes, everything is in
its true and proper form. We have the budget to do exactly what we're saying we want to do."
And so that's why I can assume -- because I've only been here for -- going on three years now --
we direct the Manager to look into the issue. The Manager then comes back and states that there
is -- that funds are available, and we make the allocation at this point. And so I think it's a little
bit more than just being reluctant to do it. And what I'd like to ask is for our City Attorney to
opine about the issue, because it's important to get the money to you if we want it to be done the
correct way. If we violate our own ordinances to get you the money, now, that's not good for the
City of Miami. And then you can suspect that there'd be many other allocations that would come
in the same way, because if it happens this way, I can assure you that I can create a presentation
and I can attach something to the back of it without having any analysis by the Budget
Department, and then move to get it taken care of because there are issues that affect not only
the firefighters, but our greater communities, which is gun violence, that we want to distribute
dollars to, to make go away, if we will. So, Madam City Attorney, can you opine about what it is
that we're doing right now? Because the motion on the floor is to allocate the dollars to the Fire
Department.
Ms. Mendez: Right. Just with regard to our sections in the Code, 2-33; and 2-497, that has to
do with budget management; and 2-497.1, all of those read in conjunction, basically says that
when you have nonscheduled pocket items that you're supposed to make sure that the Budget
Office is able to prepare a budgetary impact analysis of the proposed legislation. This was
definitely on the agenda for a discussion item. I don't necessarily think it was here for an
allocation item; however, there could be differences in opinion with regard to that. But you can
definitely direct the Manager to bring back at the next scheduled agenda or as part of the budget
to do all the fiscal, you know, analysis necessary to make this happen. But allocating it today --
and then there could be the difference of opinion between whether it's a pocket or not, and that
could be the --
Vice Chair Russell: That was going to be my question.
Commissioner Suarez: Mr. Chair.
Ms. Mendez: -- but the allocation, I believe there wasn't an actual allocation item here today.
Chair Hardemon: Vice Chairman and then Commissioner Suarez.
Commissioner Suarez: Yeah.
Vice Chair Russell: What is the definition of a pocket item, then? If this was on the agenda, it
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wasn't with -- put on within five days and it -- in the backup documentation, it does express the
amount that they're looking to request.
Commissioner Suarez: Exactly.
Vice Chair Russell: It doesn't break down the amount, but it does state it. What would qualify it
as a pocket item versus properly --?
Ms. Mendez: Well, the main issue is that for it to -- for the allocation to be granted today, you
would have to have a budgetary impact analysis of the proposed legislation prior to
consideration by the City Commission, pursuant to our Code Section 497. So that's the main
thing; whether or not there's a fiscal analysis for this allocation today --
Commissioner Suarez: Mr. Chair.
Ms. Mendez: -- versus --
Chair Hardemon: You're recognized.
Commissioner Suarez: Yeah. I mean, we have a consolidated financial statement that's on our
agenda today. I don't think you can have a more comprehensive financial analysis of our
financial condition, which shows that we have, I believe, a hundred and -- over -- in excess of
$140 million in reserves. So I don't know that you need an independent -- aside from the
consolidated financial statements, which evidence a surplus that exceeds the Financial Integrity
Ordinance threshold -- and this is a one-time capital expense -- it's duly noticed and it's not a
pocket item, because it's not someone that's just bringing it within the five-day rule, and it clearly
shows the requested funding level. What I'm getting at is, because you call it a D1 versus an R,"
whether there's a one -sentence statement that says we have enough money, when we have a
comprehensive financial audited statement that clearly shows that we have enough money to pay
for it, I think we're getting into a little bit of the semantics. And I'm fairly confident and -- I
mean, I -- you know, we can all look at it -- the past -- but I'm pretty confident that we have on --
you know, on certain circumstances done allocations from discussion items. I know we've talked
about it. We've talked -- we've done allocations from pocket items and not -- without declaring
an emergency or things of that nature. And so, we've talked about not doing it on a regular
basis. We've talked about it not being a good practice, necessarily. But I think in this particular
case, just because of the way semantically the item is put on the agenda, I don't think it's -- it
makes it un, you know, qualified to be an allocation.
Chair Hardemon: I think the items that we've done allocations for on pocket items -- thank you,
sir -- I know where I, as Chairman, advocated for is that if those pocket items affect the district
Commissioner's budget itself. So if it's not --
Commissioner Gort: Yeah.
Chair Hardemon: -- an allocation that affects the citywide budget, we have allocated from
pocket items. What I'm concerned about is -- and, I mean, this is really -- this is policy at the end
of the day. I'm concerned about anyone determining that we're paying -- fast through loops. I'm
concerned about people in the public's perception that this allocation was -- could have been
hidden in the sense that, typically, we have legislation that describes exactly what we -- how we
will allocate funds, when we will allocate funds through a resolution. And we don't have that
here in this fashion. And so, by trying to put it all together by saying, Okay, well, this is the same
thing as a resolution; they have just as much notice; the information was in the back of the
agenda or it was in the presentation,'j.'es, it was in the presentation. It was the last part that said
what the request was. And I just don't want -- I guess I feel uncomfortable with making the
allocation like this. And I ask one question: Sir, is this time sensitive that it cannot satisfy -- that
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this cannot be satisfied within the next Commission meeting?
Chief Kemp: No, sir, it's not time sensitive to that degree.
Chair Hardemon: And so, in my position, I think it would be best as policy that we just handle it
in that fashion, rather than passing it today and causing problems for ourselves, our City
Attorney, our City Manager, and the Budget Office. Commissioner Gort.
Commissioner Gort: Like I stated before, we have about three more items in here where we're
going to be able -- or instructing the Manager to allocate funds to, so I think it has to be an
analysis. Like I stated before, we have to see what our priorities are and we put it -- and I agree,
we're all in favor of it, and you're going to get it; just we want to do it correctly, the right way.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Mr. Manager, has there been any analysis of this request or proposal at this
point?
Daniel J. Alfonso (City Manager): No, sir.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: What analysis needs to be done? I'm not sure.
Commissioner Suarez: It's late.
Commissioner Carollo: I could tell you this: As far as -- and, listen, I get the 1awyery'falk,
okay? The Budget director needs a comprehensive financial analysis. What comprehension
financial analysis? He gave it to us in the last Commission meeting.
Chair Hardemon: Commissioner --
Commissioner Carollo: He told us there's a surplus.
Commissioner Suarez: We have a consolidated financial statement in this Commission meeting.
Commissioner Carollo: It's not --
Chair Hardemon: Commissioners, I'm saying this: Look, it may take him five minutes to do a
comprehensive financial analysis. I completely do not know. But what I'm starting to see a
pattern of-- it's just like, for instance, when we discussed the bid procedure. We were trying to
discuss a bid procedure -- I'm sorry -- a bid protest procedure, and we wanted to talk about
things that were after -- that we should not be considering at that time. And I don't want -- it
makes me very uncomfortable as Chairman to continue to orchestrate meetings where we're
violating our own procedures, or procedures that we're supposed to abide by; especially when we
have an individual that says, Listen, you can handle this at another time. "The motion on the
floor right now is to approve it, and this is without any financial analysis. That's the motion on
the floor. If you want to call the question on that, you can call the question. I'm telling you
where my heart is. My heart is with the firefighters. I've always been with the firefighters;
although my mother is a police officer. However, it's just a matter of doing it the way that we
have learned to expect it to be done. And I haven't seen any information that says we can do it
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otherwise besides an argument. So that's it.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: Look, I think the Vice Chair started off the meeting without making a
motion to override the Mayor's veto, and I don't think we should necessarily have a showdown at
O.K. Corral over something that we have a disagreement on the -- because, by the way --
Vice Chair Russell: Well, actually, unanimous on the intent.
Commissioner Suarez: Exactly. And I think the Chief has stated that it's not a time -- you know,
it's not a time -sensitive thing. I mean, I think everything of this magnitude is time sensitive
insofar as we want to get these funds and these improvements done immediately, because every
single day that they're not done, obviously, our men and women are at risk. So, certainly, there's
a time sensitivity involved with doing anything where we have identified a potential solution to a
problem that's this dramatic. But, you know, I'm willing to vote in favor of it, but I'm also willing
to sort of capitulate to it being a direction to the Manager. I do agree with my colleague that I'm
not sure what kind of sophisticated --
Commissioner Gort: Bring it back next Commission meeting.
Commissioner Suarez: -- financial information or analysis is needed; it's very simple. We have a
CAFR (Comprehensive Annual Financial Report); it's on this agenda. We've had monthly
financial updates. This is a one-time capital fee. It was noticed and it was -- an amount was
noticed, so that -- not even the amount -- you know, because sometimes you have, you know, a
discussion item that's noticed in its generality, but the amount is not. And so, the impact on the
budget is very clear; it's $950,000 and from a budget that has a surplus of 145 million. So it's
not complicated. Sometimes we over -complicate things and we try to make them seem
complicated, but it's not. And I don't know what kind of analysis is needed. It's not analysis," it's
just subtraction. So anyhow -- but again, I think the Vice Chair began the meeting in the spirit of
cooperation. I don't think it's necessary for us, when, you know, the Chief is saying it's not a
emergency, time sensitive. I'm willing to -- you know, I'm willing to vote in favor of it today, but
I'm also willing to consider it being, you know, a directive that it comes back to this Commission
for in the next Commission meeting, which we all support, clearly; it's the most important thing.
Chair Hardemon: Currently there's a motion and there's a second on the agenda -- I mean, I'm
sorry -- a motion and a second on the floor. Without removing that motion and second, and we
couldn't consider anything else, if you want to vote on the motion and second, then we can do
that, also; it's really up to the will of the body.
Vice Chair Russell: Are you -- is one consideration to withdraw the motion and bring it back as
a resolution?
Commissioner Suarez: Yeah. I'm going to change the motion. I'll change the motion to be a
direction to ident fy the funds and bring back a resolution to the next Commission meeting for an
allocation to approve this item.
Vice Chair Russell: Second.
Chair Hardemon: So --
Vice Chair Russell: Oh, I'm sorry; you're the seconder, right? I apologize.
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DI.2
16-00682
Department of
Finance
Chair Hardemon: -- the mover and the seconder, do you agree to rescind the motion?
Commissioner Suarez: I'm not rescinding the motion; I'm changing the motion.
Chair Hardemon: No, the original, the original.
Commissioner Suarez: I'm changing the current motion.
Chair Hardemon: You would rescind the motion, because it's a completely different intent.
Todd B. Hannon (City Clerk): If -- you don't have to necessarily rescind the motion. Again, if
the maker of the motion just wants to change the motion --
Commissioner Gort: He does.
Mr. Hannon: -- they originally made, if we want to get that strict, we can certainly do so, but it
really is through the will of the Commission to allow the maker of the motion to change their
motion.
Chair Hardemon: Does the seconder of the motion agree to the amendment in the motion?
Commissioner Carollo: Yes.
Chair Hardemon: The motion has been amended. Is there any discussion about the motion
that's on the floor today? Seeing no further discussion about the motion on the floor, all in
favor, say Bye."
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes.
Chief Kemp: I really appreciate your support. Thank you.
Commissioner Suarez: Thank you, guys.
Mr. Delgado: Thank you, Chairman; thank you, Commissioners; thank you, Mayor; thank you,
Administration.
DISCUSSION ITEM
PRESENTATION OF 2015 FISCAL YEAR AUDIT RESULTS.
16-00682 Summary Form.pdf
16-00682 Back -Up Documents.pdf
DISCUSSED
Chair Hardemon: We have a 10:30 time certain; a discussion of the 2015 audit results.
Jose Fernandez: Good morning, Commissioners. Jose Fernandez with the Department of
Finance. DI2 is the presentation of the fiscal year 2015 audit results by the external auditors.
Today, from RSM, we have Mr. Donovan Maginley and Mr. Neal Harris.
Donovan Maginley: Thank you, Jose. Good morning, Mr. Mayor, Chair. Donovan Maginley
with RSM; here with Neal Harris, my colleague. In your package today, you should have your --
the CAFR (Comprehensive Annual Financial Report) for the year ended September 30, 2015;
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what we call the Yingle audit report;' along with the management letter, and our required
communications, as required by our professional standards. We have completed our audit.
We've issued our auditor's report, which is reflected in the CAFR. Our report is dated March 31,
2016. It is an unqualified or unmodified opinion, which is a clean opinion, which is the highest
level of assurance that we can provide on any set of financial statements. Some key highlights --
I want to spend some time, ifyou indulge me a little bit. The City ended the year with a surplus
in -- focusing on the general fund of approximately $35 million. Beginning fund balance for the
general fund was approximately 147 million. Unrestricted -- of that amount, approximately 114
million is deemed unrestricted. However, I want to point out that the Integrity Ordinance
requires the City to maintain a certain level of unrestricted funds, and the results here show
approximately about 7 million above that floor. In the current year, the City adopted what we
call GASB (Government Accounting Standards Board) 68, which is the new accounting
pronouncement for pensions. The City recorded net pension liability in the amount of
approximately $768 million. That is not reflected on the books.
Commissioner Gort: Could you repeat that again?
Mr. Maginley: The unfunded portion of all pensions for the City that was recorded as of
September 30, 2015, is $768 million.
Commissioner Gort: Thank you.
Mr. Maginley: We've also issued, as we mentioned, our report on compliance. The City
expended approximately $49 million in Federal and State funds this year. We identified
approximate -- we identified eight items that we consider to have findings. None of the findings
on the compliance side are considered significant; however, some of the internal controls related
to those findings we considered significant, and are reflected in that report. Our management
letter identified two items in the current year and five comments that were repeated from prior
year that we followed up on. So there are five items that are still outstanding from the previous
year, and there are two items in the current year that we noted. Again, in our required
communications, we had full cooperation of management. We had no disagreements with the
application of any accounting principles or audit applications. We were not pressured or any --
we had full access to all records. And again, we want to thank the management team, Fernando
and Jose, in term of their cooperation. We -- one of the -- you know, this is one of the -- a very
large municipality, and with the adoption of this new pension, they got the report -- we were able
to get the report issued by March 31. I can tell you, most municipalities had delays, but with
their hard work, this report was able to be completed and issued on time. With that, I will turn it
over to any questions that you may have.
Chair Hardemon: Any questions from the dais? You're recognized, Vice Chairman.
Vice Chair Russell: Thank you. And thank you for your briefing the other day on this issue. It's
Mr. Maginley: Yep.
Vice Chair Russell: -- very interesting. And I'm wondering if you could give us a little insight
into your opinion on the SkyRise money that arrived recently into the City and how we'll be
accounting for that --
Mr. Maginley: Sure.
Vice Chair Russell: -- because there was some confusion on that.
Mr. Maginley: Yeah. So when we assess the complete agreement, I guess, in terms of total
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transaction in its totality, we determined that the monies that were fronted, which is about $10
million that was fronted, is in part -- in whole -- part of that whole transaction. The new
agreement, the way I understand it, calls for the City to extend the lease -- it's a new lease
agreement -- but extend the lease for a 45-year period. So, in principle, that money that was
fronted as part of that whole lease deal needs to be recognized and amortized over that period.
Vice Chair Russell: Now, Pecognized and amortized'fs an accounting term, but not necessarily
that the monies in escrow cannot be spent or should not be spent?
Mr. Maginley: That's correct. We saw nothing that show any restrictions on the use. The
money's available to the City, and it can be appropriated and spent at their discretion.
Commissioner Carollo: Mr. Chairman, just really quick, and it's going to your point. Exactly;
not that it cannot be spent; however, if we spent that money, we need to show that we still owe
that money, because, according to our auditors, we cannot recognize that as money that the City
is entitled to.
Chair Hardemon: Well --
Commissioner Carollo: So even though we could spend it, we still have to show it in the books
as owing that money.
Daniel J. Alfonso (City Manager): Unearned income -- unearned revenue, rather.
Mr. Maginley: Unearned revenue, correct.
Mr. Alfonso: Right.
Vice Chair Russell: The best description I heard was almost like an annuity; you know it's
coming --
Mr. Maginley: You know it's coming.
Vice Chair Russell: -- on an annual basis.
Mr. Maginley: Correct.
Vice Chair Russell: And our only risk is if that -- if we spend beyond our Financial Integrity
Principle; and this 10 million would not risk that, if I understand correctly.
Mr. Maginley: Well, as of September 30, 2015. We don't know what the current fiscal situation
is, but as of September 30, 2015. You have about $7 million of cushion between what that floor
of that Integrity Ordinance is, so you could spend up to 7 million as of September 30 and not --
and still be within the Financial Integrity Ordinance.
Chair Hardemon: Now, remember, now, he said as of September 30. That'd mean any
allocation we've had prior -- I mean post -September 30 would not include that $7 million, so that
$7 million that he's speaking of is captured on that day. Anything we spent from there, it would
not be inclusive of that 7 million, so the number could be, in fact, lower. And the City Manager
probably would give you a better direction of as far -- as if the number is, in fact, lower than that
7 million.
Vice Chair Russell: But if I under -- this 10 is in addition to that 7, correct?
Mr. Maginley: No, because you can't recognize that 10 yet. So what's in that $7 million -- that
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10 million has not been --
Vice Chair Russell: Oh, understood.
Mr. Maginley: -- included or recognized yet. Maybe about 225,000 of that would be, but you
have 7 million.
Vice Chair Russell: But that 10 was not budgeted in this year's budget, because we didn't know
when it would arrive, because of the lawsuits and such. This is almost like found money to our
budget, but we have to account for it carefully over the next 40 years. Is that --
Mr. Maginley: That's correct.
Vice Chair Russell: -- basically what we're talking about? Okay. Thank you.
Mr. Maginley: You're correct.
Chair Hardemon: So to make it clear for everyone here, you have -- we have an increase in
cash, but we also have to recognize that we have unearned revenue, because someone prepaid us
for something that we have not given them our service for just yet.
Mr. Maginley: Exactly.
Commissioner Suarez: Can I --
Chair Hardemon: That's probably the easiest way of putting it. Commissioner Suarez.
Commissioner Suarez: -- ask a question on that?
Mr. Maginley: Yeah.
Commissioner Suarez: Because I didn't ask this in the briefing, and now that we're mentioning
it, it kind of came to my mind.
Mr. Maginley: Yeah.
Commissioner Suarez: You can structure financial deals in a variety of different ways, obviously.
Mr. Maginley: Certainly.
Commissioner Suarez: And this deal is structured in a way where we get an upfront lump sum;
plus, we get a guaranteed minimum rent.
Mr. Maginley: Yep.
Commissioner Suarez: Plus a percentage of gross. Right?
Mr. Maginley: Exactly.
Commissioner Suarez: So the guaranteed minimum rate is obviously an annual income.
Mr. Maginley: Yep.
Commissioner Suarez: I'm a little bit -- and I don't mean to tread in your territory; and
certainly, it's always good to be, from an accounting perspective, oftentimes more careful than
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not, you know.
Mr. Maginley: Yes.
Commissioner Suarez: And being more conservative than not.
Mr. Maginley: Certainly.
Commissioner Suarez: But if somebody structures a deal with you where they give you a lump
sum upfront, plus a percentage of rent, plus a delta, wouldn't the upfront payment be just like a
down payment or just like an upfront payment that you could book in that current year as a one
lump sum? In other words, it's not really a continuing -- it is earned revenue; it's part of the
deal. In other words, you made a deal and you get two components to it. You get the upfront
payment, plus you get the annual revenue stream.
Mr. Maginley: Yeah.
Commissioner Suarez: I'm just --
Mr. Maginley: Yeah. So the --
Commissioner Suarez: I know we didn't talk about this, and it just struck me now when we were
talking about it, you know.
Mr. Maginley: Yeah. So in the accounting world, the way we view this, the way -- how they
capsulate this is the fact that all payment -- you look up a transaction in its totality. You can't
bifurcate and say, Okay, this piece is only for this'= -
Commissioner Suarez: Right.
Mr. Maginley: -- and you got to look at the whole deal, because the whole deal was probably
constructed under the premise of all the consideration that's considered. So you have to treat the
entirety of the transaction as one, and then --
Commissioner Suarez: Mm-hmm, that makes sense.
Mr. Maginley: -- by virtue of that, then you have to amortize -- or, as the Chair says --
Commissioner Suarez: Because it's a lease?
Mr. Maginley: It's a lease.
Commissioner Suarez: Right.
Mr. Maginley: Right. So the City has the obligation to provide access to whatever is being
leased over a period of time, so that's when you earn it periodically over that period of time.
Commissioner Suarez: Okay.
Mr. Maginley: Yeah.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, Vice Chairman.
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Vice Chair Russell: That was my original interpretation, as well, that this was basically foot in
the door'inoney, and even --
Commissioner Suarez: Right.
Vice Chair Russell: -- if they didn't build it or the lease expired, or whatever happened, we
would still have that money free and clear. So I didn't understand why it was being tied to an
annual --
Commissioner Suarez: Right.
Vice Chair Russell: -- lease. But in the bigger picture of it -- and your explanation did clam,
so I do appreciate that.
Chair Hardemon: Is there any further discussion?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. The one thing that I want to point out,
especially since the Administration has showed their intentions of going out for another bond for
capital, is your management letter -- I think it's the first management letter comment on your first
finding, which you have it here as ML21501. And I just want to point out with -- regarding to us
not being able to spend our capital monies within the time period; not to mention how the City
needs to use restricted resources first, as they are needed; followed by the unrestricted resources.
And I say that because we've allocated a lot of capital general fund monies to -- at the discretion
of the Commissioners, and I want to point out that we're not spending our capital monies on
time. And instead of using those funds that we allocated from the general fund, we should be
spending some of the restricted funds; and which, by the way, I mean, in conversation with trying
to allocate some of the monies for street projects, it seems like our CIP (Capital Improvements
Program) Department couldn't get to them to at least a couple years. So 'just want to point that
out, especially since our Administration is seeking in the future for more capital funding, and I
think it's something that we need to look at.
Chair Hardemon: Any further discussion?
Commissioner Suarez: One quick question, Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Suarez: I see on page 30 of the management discussion and analysis where -- and
this is something I want to discuss, not only with you, but also -- you know, and I think this is
something the Manager has highlighted, and I think the Commission should look at. When you
look at the pie chart of our revenues by source, and I just want to get, first of all, a little bit of
context with this number and then sort of dove [sic] into it a little bit. Property taxes are,
according to this pie chart, less than 40 percent of our revenue; 37.35. And so, my first question
is, we've always thought it was closer to 45, 50, and so is that from the $600 million approximate
budget or is that from -- is that adding on other things that are beyond what is our normal
operating budget? That's 37 percent of our operating budget?
Mr. Alfonso: Remember, this is the audit of last year's activity.
Commissioner Suarez: Understood.
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Mr. Alfonso: So it ended up being --
Commissioner Suarez: I get it.
Mr. Alfonso: -- 37 percent of the revenue actually received last year.
Commissioner Suarez: Total revenue?
Mr. Alfonso: Yes.
Commissioner Suarez: Okay. So that's -- and that number, that total revenue number is?
Mr. Alfonso: I think that was on page 37.
Commissioner Carollo: Yeah, the balance sheet.
Mr. Alfonso: It's on page 37, sir; $623 million revenue.
Commissioner Suarez: 623. So, just to be clear, the -- and I just -- this is important for all of us
to know. The -- so what you're saying is that property taxes only compose of 37.35 percent of
that 600 -- roughly $600 million number, correct?
Mr. Alfonso: Yes.
Commissioner Suarez: Okay. I'm just -- I think it's important for us to know, because when we
talk about how --
Mr. Alfonso: Right. Okay. Yes, they're saying that's all governmental funds.
Commissioner Suarez: Can you explain?
Mr. Alfonso: Yeah. Go ahead; go ahead and explain the governmental --
Commissioner Suarez: Go ahead and explain, yeah.
Mr. Maginley: I'll just add -- well, just a minor correction to -- it's on page 39. The total
revenue -- excuse me -- is 792 or approximately 793, so that's on page --
Commissioner Suarez: Okay. So that's more than our budget; that's $200 million more than our
budget. That's why I'm trying to get at the number of 37.35 -- go ahead. You want to jump in
there?
Mr. Maginley: Go ahead.
Mr. Fernandez: Commissioner, I think the number that you're looking at when it's 40 or 45
percent is the general fund.
Commissioner Suarez: That's right; that is the one that I'm looking at, right.
Mr. Fernandez: These are all the governmental funds.
Commissioner Suarez: Right.
Mr. Fernandez: So it includes the grants; it includes everything else.
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Mr. Alfonso: Right.
Commissioner Suarez: Agreed. And that's the clarification that I was requesting, because when
I saw that number, that number, to me, seemed off.
Mr. Alfonso: Right. So if you want to see the percentage that you're looking for, Commissioner,
it's on that same page 39. If you look at just general, you see property taxes as 239 of 599. And
then that would have --
Commissioner Suarez: 239 of 599, which is closer to 45 percent.
Mr. Alfonso: Right. That's 39.89 percent; it's 40 percent.
Commissioner Suarez: Okay. So -- okay, so it's a little bit higher; it's closer to 40 percent, okay.
I just want to state that for the record, because I think it's important for us to understand that
when we talk about taxes and property taxes and what we get and how well our city grows, the
good news in some ways is -- from the downturns is that we are not overly relying on our
property taxes. We -- you know, 40 percent only of our revenue is property -tax based, but I also
-- we all need to understand what that means, you know. That means that anything that -- any
sort of -- you want to -- you seem like you want -- you're chomping at the bit.
Mr. Alfonso: No. What I was going to say is that there are other revenues that are more
cyclical. For example, the property taxes are fairly stable, based on valuation.
Commissioner Suarez: Totally agree.
Mr. Alfonso: But when you have a lot of construction, you have building, permitting, those type
of things, which rise --
Commissioner Suarez: Agreed.
Mr. Alfonso: -- which then force the percentage of property tax down, but it will come up once
those numbers go down.
Commissioner Suarez: Yeah. What you're saying is that there's a correlation with our non -tax
revenue and our -- essentially, our real estate market, if you will.
Mr. Alfonso: Correct.
Commissioner Suarez: Got it.
Mr. Alfonso: Correct. And --
Commissioner Suarez: Okay, thank you.
Chair Hardemon: Any further discussion?
Commissioner Suarez: Thank you.
Chair Hardemon: Being none, thank you very much.
Mr. Maginley: Thank you.
Mr. Alfonso: Mr. Chairman, I just wanted to make one -- point out something to our elected
officials, because we're talking about the fund balance of 147. In that fund balance of 147,
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DI.3
16-00557
there's $31 million that are restricted; meaning that you can't use them for anything and
everything in the budget. They are restricted to a couple of departments, which is primarily
Planning, Building, Zoning. And additional to that, in the current year, in 2015/16 budget, we
allocated $27 million of rollover into this year's budget. So while we're talking about a surplus
of 8 to $9 million, in effect, the fund balance is projected to go down at the end of 2015/16,
because $27 million of that rollover has been used. So unless we are wrong by more than $20
million or so, it is likely that the fund balance will go down at the end of this year.
Commissioner Suarez: And you were anticipating that at the beginning of the year, correct?
Commissioner Gort: Yeah.
Commissioner Suarez: Right; so that there's no variation. I just want to give a little bit of
context to that, to what you're saying.
Vice Chair Russell: He didn't say Llii f. "
Chair Suarez: No. And 1 -- 1 hope not. We grew 11 percent, so that's a very awkward -looking
cliff. But anyhow, I just want to just point out one last thing, which has to do with the 32 million
that you were talking about. That is -- and 1 think it's a smart interpretational issue that we took,
but just to be clear, that's a recent interpretational issue, where we interpreted our -- the State
Statute to say that certain revenues that were generated out of certain fees must pay certain
expenses. And, you know, that's a conservative view, and I think it's a healthy, conservative view
to take, but those things are -- you know, we commonly thought of those -- like we commonly
think of our Planning Department or our Building Department as general fund or general
revenue expenditure departments, so it -- I understand what you're saying by Pestricted,'but 'also
want to explain that a little bit more, just so that people understand that it is -- they are general
fund departments and they're restricted to those specific departments, but it's general fund money
and it's general fund departments, and it adds to the total of general fund balance.
Chair Hardemon: Seeing no further discussion.
DISCUSSION ITEM
District3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S REQUEST
Commissioner Frank FOR THE MARLINS BALLPARK TICKET POLICY DIRECTIVE FROM THE
Carollo MARCH 11TH COMMISSION MEETING.
16-00557 E-Mail - Discussion Item.pdf
DI.4
16-00544
Office of the City
Attorney
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.3 to the June
23, 2016 Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING THE MARINE STADIUM.
16-00544 E-Mail - Discussion Item.pdf
WITHDRAWN
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), withdrew Item D1.4.
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Meeting Minutes June 9, 2016
Barnaby Min (Deputy City Attorney): Mr. Clerk, DI.4 can be withdrawn by the City Attorney's
Office; it's our item.
Todd B. Hannon (City Clerk): Okay, DI.4 is withdrawn.
Commissioner Suarez: Bless you.
Mr. Hannon: And the remaining items will be deferred to June 23.
Commissioner Suarez: Bless you for that.
Commissioner Carollo: Meeting adjourned?
Commissioner Suarez: Yeah.
Chair Hardemon: That's correct.
DI.5 DISCUSSION ITEM
16-00331
Department of DISCUSSION REGARDING THE OPTIONS AVAILABLE FOR AN ADVANCED
Information INTERNET INFRASTRUCTURE WITHIN THE CITY OF MIAMI BY USING
Technology FIBER-OPTIC CAPABILITIES.
DI.6
16-00388
City Commission
DI.7
16-00245
District 4-
Commissioner
Francis Suarez
16-00331 - Backup Document.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.5 to the June
23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING PROPOSED CHANGES TO THE MIAMI SPORTS
AND EXHIBITION AUTHORITY (MSEA) ORDINANCE.
16-00388 Back -Up from Law Dept.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.6 to the June
23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING INCLUSION AND/OR IMPLEMENTATION OF
GREEN SPACE IN WATSON ISLAND MASTER PLAN.
16-00245 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
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DI.8
16-00246
District 4-
Commissioner
Francis Suarez
DI.9
16-00304
District 4-
Commissioner
Francis Suarez
DI.10
16-00237
District 2 -
Commissioner Ken
Russell
DI.11
16-00330
District 4-
Commissioner
Francis Suarez
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.7 to the June
23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING STATUS OF VIRGINIA KEY STEERING
COMMITTEE AND ITS FIRST MEETING.
16-00246 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.8 to the June
23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING UPDATE ON MINDS AND MACHINES CITY OF
MIAMI REVENUE.
16-00304 E-Mail - Discussion Item.pdf
16-00304 Back -Up Document.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.9 to the June
23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING STATE OF CONTAMINATED CITY PARKS.
16-00237 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.10 to the
June 23, 2016 Planning and Zoning Commission Meeting.
DISCUSSION ITEM
STATUS REPORT REGARDING COSTS ASSOCIATED WITH TROLLEY
SERVICE EXPANSION.
16-00330 E-Mail - Discussion Item.pdf
DEFERRED
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Meeting Minutes June 9, 2016
DI.12
16-00522
District 4-
Commissioner
Francis Suarez
DI.13
16-00559
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.11 to the
June 23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING MIAMI-DADE COUNTY RENTS.
16-00522 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.12 to the
June 23, 2016Planning and Zoning Commission Meeting.
DISCUSSION ITEM
District 2- DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS
Commissioner Ken RESIDENTS.
Russell
16-00559 E-Mail - Discussion Item.pdf
16-00559 Back -Up Documents.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Carollo, Suarez / absent: Gort), deferred Item DI.13 to the
June 23, 2016Planning and Zoning Commission Meeting.
DI.14 DISCUSSION ITEM
16-00799
District 2 - DISCUSSION REGARDING THE $10 MILLION SKYRISE PAYMENT.
Commissioner Ken
Russell
16-00799 E-Mail - Discussion Item.pdf
DISCUSSED
Daniel J. Alfonso (City Manager): And if you don't mind, I think the discussion item 14,
Commissioner, was the discussion on the SkyRise. Did you get a satisfactory answer from the --
Vice Chair Russell: I'm okay on that. Thank you.
Mr. Alfonso: -- so we can wipe out that item, as well.
END OF DISCUSSION ITEMS
PART B: PLANNING AND ZONING ITEMS
Chair Hardemon: Now, before we handle FR.2, we need to handle PZ.1, so I'm going to have to
take us to the Planning & Zoning agenda, so Mr. Assistant City Attorney.
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PZ.1
16-00315zt
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chair. PZ (Planning & Zoning) items
shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is
heard, all those wishing to speak must be sworn in by the City Clerk. Please note that
Commissioners have been briefed by City staff and the City Attorney on items on the agenda
today. The members of the City Commission shall disclose any ex parte communications to
remove the presumption of prejudice, pursuant to Florida Statute Section 286.0115 and Section
7.1.4.5 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard. For
applications requiring City Commission approval, the applicant will then present its application
request to the City Commission. If the applicant agrees with the staff recommendation and no
one from the public wishes to speak for or against the item, the City Commission may proceed to
its deliberation and decision. The applicant may also waive the right to an evidentiary hearing
on the record. For appeals, the appellant will present its appeal to the City Commission,
followed by the appellee. Staff will be allowed to make any recommendation they may have, and
the public may speak as stated before. The order of presentation shall be as described in the City
Code and the Miami 21 Code. Members of the public will be permitted to speak through the
Chair for not more than two minutes each, unless modified by the Chair. The City of Miami
requires that anyone requesting action by the City Commission must disclose before the hearing
anything provided to anyone from agreement to support or withhold objection to the requested
action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners
that have not been provided seven days before the meeting as part of the agenda materials will
be entered into the record at the City Commission's discretion. If any Commissioner thinks that
documents supplied to the Commission less than seven days before merit a continuance, the item
may be continued by the City Commission. Thank you, Mr. Chairman.
Chair Hardemon: May you administer the oath?
Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you will be speaking on
item PZ.1, may I please have you stand and raise your right hand?
The City Clerk administered the oath required under City Code Section 62-1 to those persons
giving testimony on zoning issues.
Mr. Hannon: Thank you, Chair.
Chair Hardemon: All right. I'm going to recess, since we have lack of quorum; come back in
two minutes.
ORDINANCE
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE MIAMI
21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, ENTITLED
"DEFINITIONS", MORE SPECIFICALLY TO ADD SECTION 1.5 ENTITLED,
"DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; AND ARTICLE 3,
ENTITLED "GENERAL TO ALL ZONES", MORE SPECIFICALLY TO ADD
SECTION 3.16 ENTITLED "PUBLIC ART REQUIREMENTS"; AND ADDING A
NEW ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM';
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
16-00315zt 07-14-16 CC SR Fact Sheet.pdf
16-00315zt PZAB Reso & Letters of Support.pdf
16-00315zt Legislation (v3).pdf
16-00315zt-Submittal-Efren Nunez -Art In Public Places PowerPoint Presentation.pdf
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APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of
Miami.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
March 16, 2016, by a vote of 8-0.
PURPOSE: This will amend the zoning ordinance by specifically adding
language related to the Art in Public Places Program.
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be
PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Russell, Suarez and Hardemon
Absent: 2 - Commissioner(s) Gort and Carollo
Vice Chair Russell: They didn't ask me to go; I just -- someone just asked me if they thought we
were going to get to it, and I said ifo. "
Chair Hardemon: You're recognized, sir.
Francisco Garcia (Director, Planning & Zoning): Thank you, sir. For the record --
Vice Chair Russell: I didn't talk to him. It didn't talk to him.
Mr. Garcia: Thank you, Mr. Chair. For the record, Francisco Garcia, Planning & Zoning
director. We would like to present to you items PZ.1 and FR.2 as companion items. They are,
respectively, the amendments necessary to the Zoning Ordinance and also the amendments
necessary to the City Code to introduce in the City of Miami a program, which already exists;
albeit, under the auspices of Miami -Dade County. This is the Art in Public Places Program.
What we are proposing to do here is to incorporate this program into the City Code so that we
can manage it ourselves and, thus, take the reins and bring it to full fruition; albeit, with some
modifications, as we will present to you. We would like to ask for approximately five minutes to
go through a series of slides to acquaint you further with the program, and then we will certainly
entertain any questions you may have. Thank you very much.
Efren Nunez (Planner II): Good afternoon. My name is Efren Nunez, with the Department of
Planning. Before you, we're going to give you a brief presentation on public art programs across
the country, locally, and this -- here we go. Well, what is public art? I mean, we're -- I'm not --
we're pretty much familiar with what we see around our environments, but public art fits a much
broader definition of art in the museum; public art is works of art in the public realm. So here
are some general examples of what we see throughout the world and major cities, such as Paris,
Mexico City, Madrid, Chicago, Tampa, New York, and throughout the country. So we did an --
the Planning Department received notification last year that according to -- and in accordance
with Miami -Dade County, Section 2-7.15, that all municipalities in Miami -Dade County are --
must meet their public art requirement on all municipal projects. So what the Planning
Department did was we did a thorough analysis of all the cities across the country that had
public art programs, and we did an analysis of (UNINTELLIGIBLE) of cities throughout
Miami -Dade County that have public art programs. As you can see in this chart, the first city to
adopt a public art program that not only required private public art on government projects but
also on the private sector was the Village of Palmetto Bay in 2007. Subsequently to that,
multiple cities have started to adopt the same program since -- especially -- specifically since
Miami -Dade County started to enforce the public art requirement on municipal projects.
According to -- I mean, in accordance with the County regulations, municipal projects -- or
municipal governments that fail to meet the public art requirement may have their SNP (Safe
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Neighborhood Parks) and GOB (General Obligation Bond) funding suspended. So here we also
did an analysis of countries -- of cities across the country that had public art programs on public
and private development as well. So just a synopsis of history in the City of Miami: In 1967, the
City of Miami actually did have a public art program. That explains some of the sculptures that
you see on Bayshore and some of the paintings and prints that we have actually at City Hall.
However, in 1988, the art director retired, and the program subsequently went dormant. And as
I mentioned, under Miami -Dade County, we're required to allocate one and a half percent.
Currently, we contract with the County. We pay a 30 percent administrative fee, which 15
percent for the Administration and then 15 percent for maintenance, and that we are currently
contracting with the County. We have over five city projects and two private/public partnerships
that we have currently in contract. So the City -- the Planning Department held two workshops
to get input from the community and from stakeholders in the community in terms of what is
public art, how they envision the public art program, and the percentages were pretty favorable
in terms of how and where they would like to see public art. As you can see from these pie
charts, the general public wanted to see public art expressed on thoroughfares and in public
buildings. So we're recommending a "Public Art Board," to be consistent [sic] of seven
members, one alternate; each member of the Commission gets to appoint a board -- a member to
the board, and then the other remaining members are appointed at large. So I'm just going to
quickly glance through this. The public art applicability is mandated under the County, under
Section, like I said, 2-11.15 on all municipal projects, which have to allocate one and a half
percent, and that also applies for public/private partnerships that we might do. In case we have
a piece of government property and we lease it to a private developer, then the private developer
has to meet the one and a half percent requirement. We're also recommending that the private
sector be required to allocate a percentage for public art acquisition, and those are projects that
have seven or more residential units and that have a capital development of a million dollars or
more. There are waivers that we are -- that the private sector can apply for, and those waivers
are listed here in the presentation. If it's a reconstruction due to a natural disaster or a 501(c)(3)
organizations or the restoration -- or rehabilitation of historic structure. The Planning
Department did some calculations. Based on our conservative calculations and based on
development right now in the City of Miami, in 2014 we had $1.4 billion worth of construction
that would have generated close to $14 million towards the Public Art Fund. In 2015, we had
$1.2 billion worth of construction; conservatively, that would have been $12 million towards
public art. What we're proposing is that, and for transparency reasons, we're proposing that the
Public Art Fund be divided into different sectors: 70 percent towards the acquisition of public
art; 10 percent towards the restoration of historic structures and monuments that the City might
own or publicly own historic structures; 5 percent towards cultural and educational outreach
components, and then 15 percent goes towards the Administration. And the percentages can
range anywhere between 720 to 1.4 million towards historic preservation; 360 to 721 towards
cultural education and community outreach, and this is working with nonprofit organizations,
institutions of higher learning that promote the vision of performing arts; and then 1.8 to 1.4 --
I'm sorry -- 1.8 to 2 million towards the actual funding, insurance, and managing of the public
art program, and then 5 to 10 million towards the acquisition of public art in the public realm.
And in summary, it's mandated under the County Code for government municipal projects.
There is a penalty in case we don't -- if we don't do it on government projects, which is
suspension of SNP and GOB funding. We currently paid 15 percent administrative and 15
percent towards the maintenance, and this would allow us to maintain any public art collection
that we have that hasn't properly been maintained for the past 27 years while generating 7 to
$14 million a year. And that concludes our presentation. Actually, 'wanted -- I did want to
close with this: According to Miami -Dade County, the arts generates $1.1 billion in the
economic impact; 30,000 art industry full-time jobs; generating $935.3 million in household
income; and for every dollar the County spends in -- towards the arts, it generates $31 in the
general local economy. And that concludes my presentation.
Chair Hardemon: Thank you. Let me ask you a question. The section that talks about
percentage of the funds that are generated for public art, you say goes toward historic
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restoration?
Mr. Nunez: Correct.
Chair Hardemon: You're saying a (UNINTELLIGIBLE), right?
Mr. Nunez: So we've been working on this ordinance for the past one year, consulting multiple
cities across the country that have a public art program. We've been talking to the city of Los
Angeles. It has this same body of construction and a same mixture of demographics. One of the
things that we found interesting with their program is that the public art ordinance that they have
also allows for the allocation for the restoration of historic and cultural monuments. Those are
also considered art asset -- some of these -- for example, the Olympic Performing Arts Theater in
downtown, it's a cultural monument, a historic structure where you have performing arts that
occur there. So under the -- if this would have been Los Angeles, that monument would have
been able to qualifi, for funding to assist in the restoration of a cultural monument. And we're
carrying on the same criteria into this ordinance to allow for us to provide assistance like -- such
as like the Dorsey Library or the Marine Stadium. These are cultural monuments.
Chair Hardemon: I feel like you -- you know, when you use the term lhonument,The Arc de
Triomphe'is a monument.
Mr. Nunez: Correct.
Chair Hardemon: Right? Dorsey Library is a library. Maybe if it's properly designated as a
historic building, but a monument, you know --
Mr. Nunez: Well, their definition talks about cultural monuments, but also cultural resources.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Public hearing. Yes.
Vice Chair Russell: Unless you're (UNINTELLIGIBLE) --
Chair Hardemon: Oh, no, no. Go ahead. I'm fine.
Vice Chair Russell: On that same point -- and I can definitely see how historic structures, even
in possibly -- especially the Dorsey Library could be considered a piece of art that this sort of a
fund should be helping protect, but my question is why -- who would be managing those funds?
Let's say that 10 percent comes in. Is the Historic & Environmental Preservation Board involved
in this process, at all?
Mr. Nunez: The way the ordinance is crafted is that we will work in conjunction with the Office
of Historic Preservation. The intent of the fund is not to fully subsidize the restoration of the
structures, but to assist in the restoration of the structures. An application is -- would be
required to be submitted to staff, and then staff will work in conjunction with Historic
Preservation Department to make sure that the funds are being appropriately allocated for the
structures if it's deemed to be a cultural resource. So we would be working directly in
conjunction with Historic Preservation on items that are coming in specifically for that
percentage.
Vice Chair Russell: With staff not with the board?
Mr. Nunez: With staff. With Historic Preservation staff.
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Vice Chair Russell: My questions is about the board.
Mr. Nunez: No. The way it's crafted right now, it wouldn't be.
Chair Hardemon: Am I incorrect --
Mr. Garcia: If I may --
Chair Hardemon: -- in my thought that -- well, the way this is drafted just -- the way this is
drafted, if there is a private property that has an art piece on it, that some of those funds from
this fund that we've -- that we will have be used to make improvements on that private property if
it's visible from a public place?
Mr. Nunez: If it's a historic structure and there's an artistic component to the structure, the funds
would -- and if a private applicant came in, they would apply through an application process.
The Historic Preservation Department will review it to make sure if it's a positive or favorable
recommendation, and they would bring it to -- before the Public Art Board with a
recommendation of approval or denial.
Vice Chair Russell: You just said a private property, right?
Daniel J. Alfonso (City Manager): Let me -- Commissioner, may I understand exactly? Did you
say, could a private property owner receive funds?
Chair Hardemon: Right.
Mr. Alfonso: I don't --
Chair Hardemon: Because I think a proper --
Mr. Garcia: So, if I may, just to add additional clarity, I think, to the question previously asked
Chair Hardemon: Can you state your name for the record, too?
Mr. Garcia: -- by Commissioner Russell, and then I'll jump right back to yours, Mr. Chair.
Chair Hardemon: Can you state your name for the record?
Mr. Garcia: Yes, by all means. Francisco Garcia, Planning & Zoning director. Thank you, sir.
Commissioner Russell, in response to your previous question, the Historic & Environmental
Preservation Board would certainly be involved if the building, the structure, or the space were
to be designated, and that is the case because any work done to these sites or these structures
needs to be reviewed and ultimately approved by the Historic & Environmental Preservation
Board. This program does not take any authority away from them, just to be clear. In addition
-- just because it's been mentioned before in the presentation, but it's certainly a salient point --
in addition, of course, this legislation that you have before you proposes the creation of an
additional board to supervise the disbursement offunds pursuant to this program, and that
would be the Art in Public Places Board that you see in the legislation. So I wanted to make that
point clear as well. Finally, as pertains to the ability of private property owners to receive
funding from these mechanisms, they're -- what they are basically providing is the site itself. And
so to the extent that this site in front or is in front ofa public right-of-way and visible from a
public right-of-way, it becomes a part of the public space; and there, that property can be the
recipient of art, right? I'll give you an example that I happen to be familiar with. Not so long
ago, the Miami -Dade County Art in Public Places Program had a bridge, essentially, placed
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over -- I think it's Florida Avenue in Coconut Grove, in the Village Center. That was visible from
the public right-of-way, clearly visible. It served as a gateway of sort. However, it was attached
to two private properties, two buildings, namely, Mayfair and the CocoWalk parking structure on
the other side. So that's an example where two private property owners and the City of Miami,
as the manager of the public right-of-way, collaborated to have this structure be put in place by
the Miami -Dade -- then the Miami -Dade County Art in Public Places Program. That's the kind
of scenario where you would expect private property owners to be involved.
Chair Hardemon: But there are other scenarios that are in (UNINTELLIGIBLE) here. When I
look at the `public place" definition, the way that it's stated, it states, "Any exterior area or" --
"on public property, and shall also mean any private property within the city limits, which is
easy, accessible, or clearly visible to the general public from the adjacent public property,
including but not limited to a street or other public thoroughfare or sidewalk." So, theoretically
speaking, if I'm on my sidewalk or on your sidewalk in front of your house and I could see your
property, you typically would qual.
Mr. Garcia: That site would then qual fy since placing an object of art on that site -- just to use
an example -- says, "Placing an object of art on that site, 'which would be both, again,
important, visible but also accessible by the public in a public setting that would qualify. That
doesn't mean that they are preferred, but would qual fy, yes.
Chair Hardemon: So you said {3isible or accessible. "I just want to make sure -- not ilnd
accessible," "visible or accessible,' because the way the definition reeds, ft is easily accessible 'or'
clearly visible,"one or the other. It doesn't mean that it's -- it doesn't say that it's both. So all I'm
saying is that if there's a private property that is historic -- and there are many of them within my
district, for instance -- and they come to this fund, and they want money to improve upon the
historic facade of their home, because people drive down their street just to look at the old pretty
houses, they could; am I correct?
Mr. Garcia: Yes, they could. Absolutely, they could.
Chair Hardemon: And then, additionally -- and then I'll let you speak -- this also applies to our
Community Redevelopment Agencies, as I see. So if there's a Community Redevelopment Agency
that wants -- that is rehabbing -- so, for instance, if this is $1 million triggering Town Park -- I
mean, this is -- this would -- theoretically, Town Park North, where we spent $15 million to
renovate the inside and outside of those homes, Town Park South; we're going to do Village; the
money that we spent on all the affordable housing projects, we would all -- with the money that
we've already put in it -- have to give 1 percent or 1.5 percent, or whatever it is, to this fund; is
that correct, with the way it's stated?
Mr. Garcia: The alternative would exist to either provide the funding, the additional funding as
provided for in the legislation or make improvements on site that would embellish the property
and that would deem it then acceptable as having already contributed. So the developer
ultimately, whether it be private or public, has the ability to either provide the funding, pay in
lieu of providing art on site, or embellishing the site additionally so as to render the public space
all the better.
Chair Hardemon: And I understand that, but, you know, the number can be cost prohibitive for
projects that -- for instance, you're trying to do affordable housing, you know. If you're spending
lots of money on affordable housing, you already have to give many incentives -- sometimes
you're giving land, you're giving millions of dollars, and now you have to take some of that
money and distribute it into public art and not necessarily into the livable units for the people.
And so my question is to you -- my question for you is that, is there any other ordinance that
you've seen that requires the Community Redevelopment Agencies to also participate in this? Or
is this something that we've added to it?
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Mr. Garcia: This ordinance seemed to be all inclusive. What we have added to it is two fold:
On the one hand, we have not exempted private ventures, private development from the
ordinance. Typically, institutional or public development is included, and that is the case with
the ordinance that exists today in Miami -Dade County. What we have introduced into this
ordinance, which we think is very well tailored to address your concern -- however, we can tailor
it further -- is an ability to evaluate the proposal made by the developer -- in this case, let's
assume a Community Redevelopment Agency -- and work with them to achieve a finer -grained
exterior appearance that provides the enhancements but preempts them from having to actually
contribute to the funds itself, so not money to contribute to the fund; instead, additional
embellishments of the property that achieve the same purpose. And we have enough leeway then
to be able to work with these entities to achieve a reasonable result at a reasonable price. That
said, again, Mr. Chair, we understand the concern; and if there's a need or is a desire to work on
it further, we're certainly able to between first and second reading.
Chair Hardemon: Thank you.
Vice Chair Russell: Couple of legal questions. Is it okay for us to expend public money on
private land if it's historic?
Mr. Garcia: That comes with strings attached, and that's my original answer, and then I'll defer
to the City Attorney. But what I mean by that is this: If the object of art or the improvement or
whatever embellishment is actually placed on private property, then it is clear that that private
property is now the recipient of essentially public fund, and that artwork or that embellishment
has to be of benefit to the public, certainly visually; it should be very much accessible and ideally
physical, as well. The only caveat to the physical access is that for security reasons, there may
be some restrictions. Other than that, the intent of the ordinance is to ensure that the public --
the general public can certainly both see it, enjoy it, and ideally access it as well.
Vice Chair Russell: And that's just with regard to --
Chair Hardemon: But not -- it doesn't say and. "It says 15r. "
Mr. Garcia: That's correct. It does say 15r. "And the reason it says iir'fs to ensure that we have
the ability to provide the private property owner with sufficient leeway to ensure security
concerns. But again, the intent of the ordinance is clear in terms of the fact that the
embellishment, the benefit has to be of benefit to the general public.
Vice Chair Russell: But in that case, it could be accessible, meaning, there's a pathway that goes
around to it but not visible.
Mr. Garcia: No. It -- well, if it is accessible and it's visible, it's certainly the intent.
Vice Chair Russell: I just -- I see where you're going. My other legal question -- well, did --
could I get a legal opinion on that question?
Mr. Min: A legal answer is so long as there's a public purpose and a public benefit to the use of
the public funds, it would be legal.
Vice Chair Russell: Right. I would say, as long as it's visible, like for sure visible, out of the Ifnd"
and the 15r,'that's probably the most important thing; otherwise, nobody'd know it's there. The
other legal question I had was that this doesn't -- one significant departure from the County
version of this is that the County one, it restricts the collection of the funds from government
buildings and we also include private, correct, private development?
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Mr. Garcia: That's correct.
Vice Chair Russell: So we're wondering if this could be challenged on its face as an
unconstitutional tax or from a -- is there any concern there?
Mr. Min: Well, there's always a concern for legal challenges. We've done the research, and we
believe that there's precedent, based on the United States Supreme Court, that regulations for art
purposes and public benefits to the art support these types of regulations.
Vice Chair Russell: So it's not a tax. It's not an impact fee. It's --
Mr. Min: It's a public benefit type of program --
Vice Chair Russell: Public --
Mr. Min: -- which is supported by case law, in our opinion.
Mr. Garcia: And what I would propose maybe more so from a layperson's perspective --
certainly not an attorney -- we do have and we certainly -- there is ample precedent for
establishing criteria or guidelines for the appearance of buildings and structures. This would
basically take it one step further and say, Above and beyond that which is normal, we are going
to expect the development of a certain caliber and magnitude additionally contribute to the
embellishment of the City as a whole for the public benefit. "That's the reasoning basically.
Vice Chair Russell: I don't think anyone would make a mistake of calling you a layperson.
Daniel J. Alfonso (City Manager): Commissioner.
Mr. Garcia: For legal purposes, I am. I certainly am, sir.
Mr. Alfonso: Mr. Chair, may I?
Chair Hardemon: Of course.
Mr. Alfonso: Commissioner, real quick. One of the reasons why it's not a tax -- you know,
somebody may think of it as a tax -- is because you have a $10 million project. All this is saying
is one and a quarter percent of that has to be worked into art, or you pay one percent. Now, if
you choose to pay the 1 percent, it may be additional to your cost. But if you choose to work it
into your project, you can make art that is functional into the building. So, you know, you do an
exterior wall that has a design on it, that could be considered artistic, and the cost of that wall is
one and a quarter percent more than it would have normally have been. It is a functional wall.
It still is what it is, so it's not a tax; it's just an enhancement to your project.
Vice Chair Russell: So -- or they pay into --
Mr. Alfonso: Or if they pay it separately, you could say that's additional funds they have to
spend, but if they incorporate it into the project, they're not paying anything.
Vice Chair Russell: No. I love it. I'm just trying to protect us from challenges to make sure that
we vetted that and that we're good there.
Mr. Min: Yes, sir. And I believe what the Manager has just stated is actually a very good
summary.
Chair Hardemon: Commissioner Suarez.
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Commissioner Suarez: Thank you, Mr. Chair. 1 also am concerned about the impact on
affordable housing; and specifically, we did affordable housing package with Miami 21. And
one of the things that we did was -- sort of going off what the Chairman said -- was we did -- we
reduced the liner requirements, the normal liner requirements that would have been in a design
feature, if you will, of the building, because that has a cost, and we preferred that affordable
housing developers would invest that cost in more units rather than necessarily ground floor
retail, for example. So I am concerned about that. I'm concerned that, you know, in a billion
dollars of new construction, which is what we had last year, you know, that's -- it's great that
we're raising $10 million potentially for the arts, but then the question becomes, you know, are
we adding $10 million in costs to building costs that then ultimately get passed on to the end
user, which is now paying, you know, higher rents? They're paying -- you know, because some
of these buildings are rental buildings. They're now paying, you know, higher costs when they
buy their property, because they're now being factored in that additional cost. And so the
question that I have is -- it's -- oftentimes, when you're trying to do something good -- and this is
obviously good, you know -- there's a tension between the two good objectives. There's the good
objective of promoting art in the form of our -- how we build our City, and then there's the good
of maintaining costs low so that you have affordable housing, workforce housing, and you have
-- you know, in a city that's struggling to provide it. It's an epidemic, in my opinion. So that's
where I struggle with this issue, to be completely frank with you. I was going sort of vote on it
"yes" on first one of a -- kind of deals, but the Chairman sort of awoke me from my slumber
when he started talking about affordable housing, which is an issue that I'm obviously very, very
passionate about, and I think we all are passionate about. And I love the fact that -- you know, I
feel like, you know, we have a new Commissioner who is really, really talking about it;
something that I've been talking about and beating that drum for a long, long time. We have two
new Commissioners that are really talking about it. You're not that new anymore, Chair. You're
not that new anymore, brother. So anyhow, I -- that's -- those are the things that I've
contemplated, and I've talked to some of the members of the Arts and Entertainment Council,
because I really do think that, separate and apart from that, they should be funded, which is
really their main concern, you know, and they should have funds; just like we're going to fund
the Sea Level Rise Committee and give them funds, because if you have a committee that is
unfunded -- and this goes to your issue on making the committees viable and making them work.
You know, the reason why I voted for the -- and I'm sorry that I'm like all over the place, but it's
late. The reason why I voted for the committee structure -- the term limits -- was not necessarily
because it was my idea, or something that necessarily I thought was something that I would have
done, per se, but I bought into your vision. You know what I mean? I bought into your
philosophy on how you wanted to move forward on something. And I said, You know what?
Sometimes you'=- it's about being a team player and saying, Hey, look, you know, let's go with
your idea. Let's see how it works. "You know, Maybe it does work; maybe it doesn't work. We
can always readdress it later. "But --
Vice Chair Russell: Thanks for buying that, but I forgot to sell the Mayor.
Commissioner Suarez: Yeah, well. Listen, I think what you did today was, you know, interesting,
and I think you knew you could have potentially overridden it and you instead chose not to. I
think that was very mature; not that you need my particular advice on your maturity and your
decision -making, but I thought it was a very wise decision on your part from [sic] a lot of good
reasons, and I think you -- it reflects the tension in that struggle that we all had with that
decision, you know. Anyhow, so those are my thoughts on this.
Vice Chair Russell: But I have a comment to what you said about the affordable housing. So
perhaps you'd be offering an amendment down the road here on second reading or in between
that might exclude affordable housing from the fee.
Commissioner Suarez: Go ahead. But I would just say, like similar to that, we have that -- by
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the way, some affordable housing does have beautiful art.
Vice Chair Russell: That was what I was about to say, because --
Commissioner Suarez: Like the Pinnacle Building has the beautiful Brito, you know, so there are
some buildings that do have it, you know, and I think other buildings are just beautiful generally.
Vice Chair Russell: And I do like that we hold --
Chair Hardemon: The Pinnacle had lots of extra profit.
Commissioner Suarez: No, it wasn't Pinnacle.
Chair Hardemon: It wasn't Pinnacle?
Commissioner Suarez: No. It was Carlisle, but -- I know it was Carlisle, but it's okay.
Chair Hardemon: I apologize.
Commissioner Suarez: It's okay.
Vice Chair Russell: I do like that we hold even affordable housing to a certain aesthetic
standard so it elevates and gives a quality of life to those who live here. And it really impressed
me when I saw the project on Grand Avenue, the new one, Gibson Plaza, and they have two
sculptures out front that they were willing -- I don't know if they were mandated to invest in them
or not --
Commissioner Suarez: No, they weren't.
Vice Chair Russell: -- but to me, it spoke a lot to the -- what they're offering the residents there.
Commissioner Suarez: I agree. I mean, I just think for me, the tension that I -- I don't disagree
with anything you've said, actually. The tension -- and -- the tension that I have -- and we can
debate this, because it dovetails into a lot of different --
Vice Chair Russell: Yeah.
Commissioner Suarez: -- public policy issues, like minimum wage and stuff like that -- right --?
which is -- let's say, for example, that those two sculptures -- and I'm not -- and those are -- that's
all -- another Pinnacle project, by the way, the one on Grand, okay? So they obviously have an
emphasis on, you know, art within their projects, which I think is a good thing. But let's say, for
example, that the art cost a unit, and I'm not saying it does, but I'm just using that as an example.
Maybe it's a little bit of a dramatic example.
Vice Chair Russell: Sure.
Commissioner Suarez: But it cost a unit. Then the question is, you know -- you know what the
question is. The question is, with this -- with the -- you know, million people that need affordable
housing or that qual fy for affordable housing under the affordable housing definitions in Dade
County, you know, that's one less unit that we put on the market.
Vice Chair Russell: I would probably be with you on that amendment.
Commissioner Suarez: And that's the fear, so -- go ahead. I'm sorry. I know you're being very
disciplined. I apologize.
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Mr. Garcia: No trouble at all. And certainly -- and I think -- in fact, I've heard that same
concern, and it's a valid one, expressed by the Chairman, and so I have now heard it from all of
you, and it's clear to us. So I'll say two things briefly. The first is that the program that presently
exists -- and I emphasize that lyre program that presently exists'=- although it is a Miami -Dade
County program, it is binding on the City of Miami and development that takes place within the
City of Miami does have that requirement in place for even affordable housing projects. And in
fact, the Grand Avenue project complies, and those cultures that you mentioned are the
compliance with the Miami -Dade County Art in Public Places mandate, and there are no
exceptions.
Commissioner Suarez: But --
Mr. Garcia: -- incidentally.
Commissioner Suarez: -- and I hate to get -- now be the lawyer in the room, I guess, but if that's
the case, then why are we doing this? Because if we already have a County ordinance --
Mr. Garcia: We are doing it because that affects only --
Vice Chair Russell: Only government buildings.
Mr. Garcia: -- institutional and public and governmental projects. We would --
Commissioner Suarez: And that's considered a government building, even though it's not a
government building because it's subsidized by the government?
Mr. Garcia: Precisely, because it is -- there is an institutional component to it.
Commissioner Suarez: It's a private building; it's not owned by the government.
Mr. Garcia: That's correct.
Commissioner Suarez: It's owned by the developer.
Mr. Garcia: Right. But there -- it has received federal subsidies -- or not federal subsidies --
Commissioner Suarez: And it has to comply with the County ordinance?
Mr. Garcia: Absolutely, based on the ordinance that exists today.
Commissioner Suarez: So let me ask you this question.
Mr. Garcia: Yes.
Commissioner Suarez: Would our ordinance supersede the County on that issue?
Mr. Garcia: It would. And as pertains to that particular issue, it will simply maintain the same
level of compliance. As pertains to private development, it will certainly go above and beyond
that which the County has in place today.
Commissioner Suarez: I get it. I get the private developer part.
Mr. Garcia: No more (UNINTELLIGIBLE), right. The County (UNINTELLIGIBLE).
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Commissioner Suarez: But your -- okay. What you're saying is that for properties that get public
funding, they have to abide by the County ordinance?
Mr. Garcia: And upon passage of this ordinance, should we be so fortunate, then they would
have to comply with this ordinance, which will supersede or replace the one at the County's.
Commissioner Suarez: Well, 1 mean, if they comply with the County's ordinance, they comply
with this ordinance, by definition, right?
Mr. Alfonso: Francisco. I think, if we've created an ordinance, it has to at least comply with the
County ordinance.
Vice Chair Russell: So we couldn't take away --
Mr. Alfonso: Right, we could not take away.
Commissioner Suarez: Correct.
Chair Hardemon: But you could add to it.
Commissioner Suarez: Like we couldn't lower the standard, unfortunately, on public buildings.
And we couldn't say, Well, let's make it 1.25 if it's affordable housing or .8 if it's affordable
housing or .5 iflt's affordable housing. "We can't do that.
Vice Chair Russell: You can't do that.
Commissioner Suarez: That's what you're saying. All right.
Vice Chair Russell: My original thought was to take -- what from what you said was to --
Commissioner Suarez: Right.
Vice Chair Russell: -- take away the fee but then use the funding created by the other
development to actually provide art for affordable housing that's funded by the rest of the --
Commissioner Suarez: And that makes sense.
Vice Chair Russell: -- funds.
Commissioner Suarez: That makes sense.
Vice Chair Russell: But if that's in count -- if that's counter to the County's -- it doesn't work
then.
Mr. Garcia: But I'll say two more things very briefly. I don't see, frankly, the admitted need for
workforce and affordable housing in the City of Miami, and the intent of this ordinance as
necessarily incompatible or counter purposeful, because the embellishment of the public space
goes directly to quality of life, which is certainly something that is of great concern to all of us;
and intent -wise, policy -wise, it is very much ingrained in our Zoning Ordinance that whether the
neighborhood -- or whether the setting happens to be affordable workforce, or whatever it may
be, quality of life is of paramount importance. Now, the way --
Commissioner Suarez: Can I --
Mr. Garcia: -- we, in this ordinance --
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Commissioner Suarez: -- just debate you on that a little bit?
Mr. Garcia: Please. Of course.
Commissioner Suarez: So my debate point on that would be, let's say next year is identical to
this year.
Mr. Garcia: Sure.
Commissioner Suarez: Right? And so -- oh, I'm sorry; this year is identical to last year.
Mr. Garcia: Right.
Commissioner Suarez: And last year we had billion dollars of new construction.
Mr. Garcia: Sure.
Commissioner Suarez: Next year we will have a billion dollars -- a billion -- $10 million -- do
you get what I'm saying? -- in costs associated with the same amount of construction. So what
I'm saying is that we're driving the cost of construction up, which is not making our properties
more affordable. Do you get what I'm -- you follow my logic?
Mr. Garcia: Absolutely, and I have no quarrel with it, but I -- it gets me to my next point, which
is --
Commissioner Suarez: Okay.
Mr. Garcia: -- by incorporating this ordinance into our management, what we are able to do by
accepting these regulations is to exercise some discretion -- right, some discretion -- in terms of
reviewing project by project, and then going through the appropriate boards to work with the
developers to achieve reasonable results in terms of embellishment of property that is feasible
and affordable but also results in the embellishment of the public space that we are seeking.
Right now we're basically subject to the County's criterion on that. By bringing it within our
structure, within our processes, we are able to then meet with the developers and figure out that
certain embellishments and certain treatment complies with the tenets of the ordinance and
therefore is acceptable.
Commissioner Suarez: I get it. You can be flexible. You can be flexible.
Mr. Garcia: Precisely. We would like to --
Commissioner Suarez: Which I like. I mean, I like that part. Yeah, I definitely like that part.
Mr. Garcia: It can be done.
Vice Chair Russell: All right, so --
Commissioner Suarez: No. And I think -- you're right. You can be very flexible in -- How 'bout
the architecture; is that part of it, too?
Mr. Garcia: Again, the intent that it's for has to do with embellishment of the public space. If
we can achieve that end, I think we will be satisfied.
Commissioner Suarez: But do we then become the regulating entity under this?
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Mr. Garcia: We do, indeed.
Commissioner Suarez: So even though we're subject to the County ordinance --
Mr. Garcia: We are not. What we are saying -- and I wanted to clar fy that point, because I
think it's been maybe a bit confusing. We will be accepting the ordinance that the County has its
tenets and incorporating it into ours, but now the jurisdiction will be the City's; not the County's,
because we will have satisfied the County's requirements.
Commissioner Suarez: We can do that? We can take away -- we can substitute ourselves for the
-- 7
Mr. Garcia: So long as our criteria are no less stringent than the County's, yes.
Commissioner Suarez: Right.
Mr. Min: So long as either it's consistent with or more stringent than.
Commissioner Suarez: But the criteria is -- I hate to belabor this point, but the criteria is the
same, but the way you apply the criteria -- the discretion in the criteria applier is different; it's
us. And by the way, that's part of the whole thing with the MOU (Memorandum of
Understanding); why I've harped so much on the MOU on the traffic control devices. It's
because the ultimate decision now is on our side of the ledger, and we're the ones that are
affected by it, so we should be more sensitive on what -- to what -- to the extent that we have any
discretion, we should be more sensitive.
Mr. Garcia: That is exactly the point I've been trying to make. Thank you, sir.
Vice Chair Russell: The -- getting away from the affordable issue, if we're done with that, I had a
question about the 5 percent that's collected for cultural education, community outreach, and
advocacy purposes, and I believe we have some representatives of the Arts and Entertainment
Council here. So we have -- and I -- this is why I also brought up the HEPB, the Historic &
Environmental Preservation Board, as well, and my whole big push of empowering boards and
listening to them and giving them strength. If we have boards that deal with these sorts of things,
shouldn't we give these -- some of this decision -making power of how the money is spent to them
or at least pass it through them or --
Commissioner Suarez: I like it.
Vice Chair Russell: -- you know? I mean, HEPB isn't just about maybe the actual initial
designation, but if we're talking about allocating money towards improving historic structures,
who should we trust better, in conjunction with our staff, than the board that we put in place to
help guide those funds? And same thing with the Arts and Entertainment, which isn't actually
included in here at all, but we would be tasking this board with basically doing something that
we have a board that is in place but unfunded to already do. Would it be possible to include the
boards in here in some way as we get to -- between first and second and --?
Mr. Garcia: Absolutely. And the competencies, I believe, that were already established.
Certainly, the Historic & Environmental Preservation Board's competencies are clearly
established in the City Code, and they are experts that are charged with making those decisions
as pertains to improvements to or modifications to historic structures or sites that are designated.
They are considered the experts, and they make the decision. It is only appealable to you as a
deliberative body. That said, if-- and let's take as an example a project that both is ofa historic
nature, designated as such, but also is going to contain an Art in Public Places component, then
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we will be in a position -- and this happens often, and we do it all the time -- of reconciling two
somewhat different criteria. The HEP Board will be the ultimate authority as to whether the
proposed artwork is consistent with historic nature of the structure; and the board, the entity that
governs the program, the Art in Public Places Program, will have the ability to commission or
accept or approve or review the artwork component that is proposed.
Vice Chair Russell: Right. Because I was thinking actual placement of art, the board that you're
creating here could be fully responsible for that; but actual expenditure on renovations of
historic homes, that should definitely fall under Historic & Environmental Preservation Boards
[sic]. I think it would really invigorate them to be involved in that process, because they're so
much involved with designating, but now they can actually also be involved with helping the
restoration, which would be great for them, and then -- I think we're very excited about this and
very appreciative that you're bringing this, and helping capture what might have otherwise gone
to the County and been out of our control. It seems it's very well thought through. Obviously,
we've got some ideas, so we hope to work with you and incorporate that. And with that, I'd like
to move the item on first reading.
Mr. Garcia: Look forward to it. Thank you.
Vice Chair Russell: Do we still have quorum?
Chair Hardemon: Yes.
Vice Chair Russell: Okay.
Chair Hardemon: It's been properly moved. Is there a second? There's a second by
Commissioner Suarez. Any further discussion? There's a second on PZ.1 -- oh. I want to open
up the floor for public hearing. Is there anyone from the public that'd like to speak on the item?
Mr. Min: Mr. Chair, just to be clear, you're opening the public hearing for both the PZ item and
the FR (First Reading) item?
Chair Hardemon: Yes.
Mr. Min: Thank you.
Chair Hardemon: For the record, we're opening it for the PZ.1 item and the FR item. Public
hearing is open. This is going to be a treat.
Dolly Maclntyre: I'm over here.
Chair Hardemon: No, really, this is going to be a treat. Only --
Ms. Maclntyre: They've yielded to me --
Chair Hardemon: Oh, I'm sorry.
Ms. Maclntyre: -- the big mouth. I'm Dolly Maclntyre, Dade Heritage Trust, 190 Southeast 12th
Terrace, in Miami. I just want to encourage you to be sure to include the funding for historic
places and, most especially, the ones that you own. The City -owned historic sites are in
deplorable condition, and you should be embarrassed and ashamed. I drove by the Flagler
cottage the other day. This is the last one ofFlagler's railroad houses. It's a wooden cottage
sitting on the river. It's boarded up, and it looks awful, and you own it. So please be sure that
some of this funding can help you do the right thing by the property that you own for the City and
for its citizens. Thank you.
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Chair Hardemon: Thank you.
Vice Chair Russell: You forgot Dorsey Library and Fort Dallas.
Michael Margulies: Michael Margulies, 1350 Northwest 8th Court. I'm representing the Arts
and Entertainment Council. I'm the chairman. Since its inception in 2002, the Arts and
Entertainment Council has been operating on a one-time donation of $50,000 made in 2012 by
Absolut Vodka during their launch of Absolut Miami. Since then, we've been able to be more
effective as a board, and organized an annual painting competition called Paint Me Miami'every
year for the past five years. We have also made donations to nonprofits, such as the Young Arts
Foundation and the Bakehouse Art Complex. However, in order for us to continue to serve our
community effectively, we will need a dedicated reoccurring source offunding. Before you today
is FR.2, considering the creation of an Art in Public Places Program. 5 percent of these funds
are to be used for purposes similar to what our Council has already been created to handle. We
ask that at least 2.5 of the 5 percent of these funds be, you know, rooted directly to our Council
on an annual basis. The 2.5 percent allocation will allow us to continue to host our Paint Me
Miami'Contest, as well other contests, world class -- and bring world -class programming to
Miami. We would like to provide scholarships for City of Miami students going into art
programs at the collegiate level, sponsor senior citizen art programs, as well as after -school
programs for the arts, and we're open to any suggestions that the Commission may have. Thank
you.
Chair Hardemon: Thank you very much, sir.
Cameron Basden: Good evening. Cameron Baseden, 2335 Trapp Avenue, in Coconut Grove.
I'm honored to be a member of the Miami Arts and Entertainment Council. And thank you,
Commissioner Suarez, for recognizing our need for funding, for dedicated funding. I'm here
today to speak in support of dedicated funding for the activities of the Council, whether they
come from the Arts [sic] in Public Places initiative, as has been identified, or from another
source. Earlier today there was talk of the necessity and value that the numerous City of Miami
boards bring. As a board member, know that we take our responsibilities very seriously. The
Arts and Entertainment Council's description is lengthy, but suffice to say, we serve in a cultural
advisory capacity, offer scholarships, originate events and performances, and we develop
partnerships with other arts organizations in the City. The Council has done much of this with
no dedicated funding, and now we are asking for support to continue to do and to build upon
what is our responsibility as outlined by the City. I understand the absolute need for housing, for
food; and in Miami, for seamless and smooth travel. However, I also know that we all recognize
that art is a vital part of our lives. Thank you.
Chair Hardemon: Thank you.
Vice Chair Russell: Thank you.
Mercedes Cisneros: My name is Mercedes Cisneros, 11300 Southwest 68th Court. I am past
chairman [sic] of the Miami Arts Entertainment Council. I am now a member. And we have left
of the $50, 000, 15,000 still for the past five years. So we have a fiscal entity that is a 501(c) (3).
We started with the Vizcayan. They got bored, because they were not charging us any monies,
and we are trying to get fiscal entities to control the money so that we don't have to pay a fee and
-- to third parties. So now it's being helped by another fiscal entity, and we keep all our
accounting in order, as we will, of course, do when we get dedicated funds. And with this, we
have done many things. We -- as they said before, we have given scholarships. We have
conducted arts competitions; and unfortunately, we don't have enough funds to do anymore. So
we ask that the ordinance be amended, and that is item 62667(a)(5) so that the -- from the 5
percent, the Arts and Entertainment Council can receive two and a half percent. It says here that
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The academic institutions or nonprofit organizations shall be allocated monies for the fund
through a grant application. "Well, we are not an academic institution, and we are not a
nonprofit organization. We are the City of Miami; and therefore, we will not qualifir for these
grants. So we're already doing the work.
Vice Chair Russell: We hope you'd be giving the grants; not receiving the grants.
Ms. Cisneros: Right. So I think we're very responsible, all of us. We're 11 members, appointed
by you, and we work very hard, and we have worked very hard for the past eight years. Thank
you.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Thank you.
Vice Chair Russell: I apologize. I know you're waiting for my appointment. I've had over 40
applications for this board come in through our website.
Commissioner Suarez: That's a good thing.
Vice Chair Russell: So there's a lot of interest.
Chair Hardemon: You're recognized.
Maite Alvarez: Thank you. Maite Alvarez, assistant vice president for Government Relations for
the University of Miami, 6200 San Amaro Drive, Coral Gables, Florida 33146. Good evening,
Mr. Chairman and members of the City Commission, Mr. Manager. I am pleased to be here to
speak in relation to items FR.2 and PZ.1, relating to the proposed Art in Public Places Program.
As you know, the University of Miami is a private, not -for -profit institution with three major
campuses in the metropolitan area. Each of the campuses are located in different jurisdictions
and each has a special character and trait that is unique and relevant to the mission in each of
those communities, namely, the Miller School of Medicine clinics, hospitals, research, and
education activities in the City of Miami's Health District; the main academic campus in Coral
Gables, and the Rosenstiel Marine Campus in Miami -Dade County at Virginia Key. The
University is committed to art, and has an extensive collection of public art across its campuses
and at the Lowe Art Museum. At the Coral Gables campus, the University is exempt under the
City of Coral Gables' Art in Public Places ordinance, because we have our own Art in Public
Places Program. At the medical campus, in the Health District, we already have an outdoor
public art program that satisfies the spirit and the intent of this proposed ordinance by way of
donors. We have over seven public outdoor sculptures and some 11 major art pieces in lobbies,
open to the general public, that provide inspiration and enjoyment to all campus visitors. As
such, we respectfully request an exemption from the proposed ordinance before you today, and
look forward to working with your Administration between first and second reading for full
support and inclusion in the final reading of the ordinance. On -- for the record, I'm going to
submit a letter with this request on behalf Rudy Fernandez, chief of staff to President Julio
Frank. The letter states: The exemption would cover any entity organized under Section 501(c)
(3) of the Internal Revenue Code that provides medical and clinical health care services,
research, or educational activities within a campus environment and displays art on its campus,
pursuant for a public art program. Thank you, and we look for your favorable consideration."
Chair Hardemon: Commissioner Suarez. Public hearing's closed.
Commissioner Suarez: I was going to say that when you have one entity that has, let's say,
multiple properties, like what you're talking about -- they also have the Life Science Center,
which -- I don't -- I'm not sure if you mentioned it, but that's in one of the CRAs (Community
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Redevelopment Agencies), and they do get CRA -- they did get CRA funding. And, you know, I
guess -- I'm not sure if this is the issue; hopefully it is. If -- hopefully, I'm articulating it right,
but academic institutions, FIU (Florida International University), UM (University of Miami),
and others oftentimes will have Art in Public Places Programs that are robust, far exceeding, you
know, what the minimum threshold is, but, you know, I guess -- I don't know if what you're asking
is that can apply to all properties. Because I think it seems like you would be well beyond the
threshold if you did that, so that that would make an exception, or if you're trying to do it through
being a 501(c)(3), because -- go ahead.
Ms. Alvarez: Well, the way that it works in the City of Coral Gables is we manage our own Art in
Public Places Program. So we work with the City. Every three years, we give them a proposal
and it -- we're able to manage it on our own, because we have the donors that give us the art,
and we also have the expertise to manage our own program. So what we're asking is to work
with the Administration to run our own Art in Public Places Program within our medical
campus.
Commissioner Suarez: I have a question, and I know it's late; I'm sorry. But is like art --? I
mean, the lobby of a building is generally considered like a public place, and oftentimes, it will
be -- you know, the Little Haiti Cultural Center has beautiful art, you know, inside of the
building itself. It's not necessarily part of the --
Vice Chair Russell: Exterior.
Commissioner Suarez: -- outside, of the exterior. Does that -- is that also kind of what you're
getting at, too? Because I'm --
Ms. Alvarez: Right. We have many outdoor sculptures and art outdoors, but we also have
indoor.
Commissioner Suarez: Yeah. I mean, you can have one painting that, arguably, satisfies the
criteria.
Mr. Garcia: Absolutely. So long as we are able to satisfy the criteria of the ordinance, which
call for it to be accessible and visible by the general public, the answer is, of course, yes.
Commissioner Suarez: Would you be willing to work with them on something similar to what
Coral Gables has?
Mr. Garcia: Most definitely.
Ms. Alvarez: Thank you.
Chair Hardemon: But my confusion is that if they meet -- from what I -- from the way I just
glanced over this (UNINTELLIGIBLE), if they have more than 1.25 percent of the value of their
project in art, then they satisfy the ordinance; is that correct? They don't have to pay anything
extra.
Mr. Garcia: That's correct.
Chair Hardemon: So then why make an extra clause or anything that pertains to an entity like
the one she just described?
Mr. Garcia: Well, I believe that the gist of the request is that they be able to manage their own
program. And what they are claiming -- I have no reason to doubt it, because I happen to have
seen --
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Commissioner Suarez: Right.
Mr. Garcia: -- many of the structures they develop and much of the land that they manage -- is
that they will supersede our own requirements.
Commissioner Suarez: Right.
Mr. Garcia: If that is the case, we would encourage them to do so, of course.
Chair Hardemon: But what --
Commissioner Suarez: Can I give you an excep -- can I give an example?
Chair Hardemon: -- management of -- like what would they need -- what do they not want us to
manage by managing their own program?
Mr. Garcia: Well, they would essentially be the curators for that art, and they -- if I understood
the presentation correctly, on a regular basis, whatever that basis is -- three years, I think, is the
term established by the City of Coral Gables -- we would compare notes and determine that, yes,
in fact, this is a very well run program, we will -- we are sure that it will be, and that will satisfy
everyone.
Commissioner Suarez: So here's an example, and I don't know if this is -- this is afctitious
example. But they could have, let's say, a building that -- whose construction cost is $20 million,
and they could have $10 million of art in the lobby, so 50 percent of the construction cost is in
there; and then, you know, they may have another building that doesn't. It's just a building
without art. So I mean, I think the idea is that it's a melded, blended thing where they could have
-- they could be way beyond the threshold of 1.5 percent. They could be at 25 percent, 50
percent.
Chair Hardemon: Yeah, but the thing about that, too, is if you're using it as this entity has
multiple properties and we're going to consider the aggregate of their properties and how that
percentage pertains to art, then, potentially, you could have a place in the CRA that does not
have public art and then a place everywhere else that does have public art pertaining to their
buildings and their ownership. I'm trying to think about any public art in the Life Science
Building.
Commissioner Suarez: I think the building itself is a piece of art, personally.
Chair Hardemon: The building. I'm trying to think --
Commissioner Suarez: It's very beautiful.
Chair Hardemon: But as far as public art in the Life Science building --
Commissioner Suarez: I don't know. I don't know.
Chair Hardemon: -- just happen to be in Overtown --
Commissioner Suarez: Get some art in there next week.
Vice Chair Russell: But don't go there, because every developer will say their building is a piece
of art, and so they already qualify.
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Chair Hardemon: Yeah.
Commissioner Suarez: That's true. Good point.
Mr. Garcia: But we --
Commissioner Suarez: Touche.
Mr. Garcia: What we would say, respectfully, to that is we will be the judges of that; we, the
City.
Chair Hardemon: But --
Mr. Garcia: Right.
Chair Hardemon: -- I mean -- but this is important because --
Mr. Garcia: Yes.
Commissioner Suarez: What is art?
Chair Hardemon: -- you know, the entity, which is my alma mater -- Mr. Fernandez is a great
person, too, also -- that entity received public dollars from the CRA, built a building; and just
from me walking through the building, I don't recall there being a public art contribution in that
building. And so, you know, that's the part that kind of scares me about it. It sounds good,
sounds great, but, you know -- I don't know. But, you know, we'll have another hearing on it --
Commissioner Suarez: Sure.
Chair Hardemon: -- so we can talk --
Commissioner Suarez: We'll work with you guys.
Chair Hardemon: -- we can wrestle with the idea between one and two, but I expect it to come
back the way that we've proposed it.
Commissioner Suarez: You know, I think -- you know, you heard some of our -- the concerns
expressed by the board members, and I'm sure you can convey that to the president and the chief
of staff And we are a little bit of a different city than Coral Gables. We're a lot different city
than Coral Gables, but -- so I was trying to be euphemistic when I said if little bit. "But, you
know, I think the point is that, obviously, you guys are a very responsible institution, and so I
think the concern is just making sure that it doesn't exclude, you know, certain areas of the City
that's important to us.
Ms. Alvarez: Understood.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: Thank you. So regarding the Arts and Entertainment Council, clearly --
Chair Hardemon: But you're reading -- I believe you're reading from something else, right? You
have to be reading PZ.1, because we're on PZ.1.
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Vice Chair Russell: I thought we were mixing them both together.
Chair Hardemon: It's a public hearing, so --
Mr. Garcia: We've opened both up, actually, yes. Both items are open at present.
Chair Hardemon: The public hearing is what -- right, but I'm --
Vice Chair Russell: Oh, I apologize. You're right. We were in public hearing. I had meant to
make a comment about -- after hearing from the MAC. (J, I couldn't find out what MAC stands
for)
Chair Hardemon: And the PZ -- anything related to PZ.1. Anything further? Anything further?
Hearing no further discussion, all in favor, say aye."
Mr. Hannon: Chair, it's an ordinance.
Commissioner Suarez: PZ.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item PZ.1. Commissioner Suarez?
Commissioner Suarez: Yes, on first, subject to the comments made on the record.
Mr. Hannon: Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: For.
Mr. Hannon: Ordinance passes on first reading, 3-0.
END OF PLANNING AND ZONING ITEMS
MAYOR AND COMMISSIONERS' ITEMS
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS
DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
END OF DISTRICT 1
DISTRICT 2
VICE CHAIR KEN RUSSELL
City of Miami
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Meeting Minutes June 9, 2016
NON AGENDA ITEM(S)
NA.1
16-00841
END OF DISTRICT 2
DISTRICT 3
COMMISSIONER FRANK CAROLLO
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4
DISTRICT 5
CHAIR KEON HARDEMON
END OF DISTRICT 5
ATTORNEY -CLIENT SESSION
A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED
FOR THURSDAY, JUNE 23, 2016, AT THE CITY OF MIAMI CITY HALL, 3500
PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE
ATTORNEY -CLIENT SESSION WILL BE CONDUCTED UNDER THE
PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT
OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE
FOLLOWING CASE: VICTOR IGWE V. CITY OF MIAMI, CASE NO. 15-21603,
BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA. THE SUBJECT OF THE MEETING WILL BE
CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS
RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL
BEGIN AT APPROXIMATELY 3:00 P.M. (OR AS SOON THEREAFTER AS THE
COMMISSIONERS' SCHEDULES PERMIT). THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH
INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL,
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO AND
FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY
ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A.
GRECOAND BARNABY L. MIN; LABOR DIVISION CHIEF KEVIN R. JONES;
AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND STEPHANIE
K. PANOFF. A CERTIFIED COURT REPORTER WILL BE PRESENT TO
ENSURE THAT THIS SESSION IS FULLY TRANSCRIBED AND THE
TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION,
City of Miami
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Meeting Minutes June 9, 2016
NA.2
16-00842
THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE
PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY -CLIENT SESSION.
DISCUSSED
Victoria Mendez (City Attorney): Chairman, would you like me to read an attorney -client
privilege request that I have? Thank you. Mr. Chairman and members of the Commission,
pursuant to provisions of Section 286.011(8) Florida Statutes, I'm requesting at the City
Commission meeting ofJune 23, 2016, we have an attorney -client session, closed to the public,
to be held for purposes of discussing the pending litigation in the following case: Victor Igwe
versus City of Miami, Case Number 15-21603, before the United States District Court for the
Southern District of Florida, to which the City is presently a party. The subject of this meeting
will be confined to settlement negotiations or strategy sessions related to litigation expenditures.
This private meeting will be at approximately 3 p.m., or as soon thereafter as the Commissioners'
schedules permit, and conclude approximately one hour later. The session will be attended by
members of the City Commission, which shall include Chairman Keon Hardemon, Vice
Chairman Ken Russell, Commissioners Wifredo Willy'Gort, Francis Suarez, Frank Carollo; the
City Manager, Daniel J. Alfonso; myself the City Attorney; Deputy City Attorneys John A. Greco
and Barnaby L. Min; Division Chief for Labor and Employment, Kevin Jones; and Assistant City
Attorneys Kerri McNulty and Stephanie Panoff. A certified court reporter will be present to
ensure that this session is fully transcribed, and the transcript will be made public upon the
conclusion of the litigation. At the conclusion of the attorney -client session, the regular
Commission meeting will be reopened, and the person chairing the Commission meeting will
announce the termination of the attorney -client session. Thank you.
DISCUSSION ITEM
VICE CHAIR KEN RUSSELLADDRESSES THE COMMISSION
REGARDING A LETTER RECEIVED BY HIS OFFICE FROM LITTLE
HAVANAACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY,
INC. DATED JUNE 1, 2016.
16-00842-Submittal-Commissioner Ken Russell -Letter -Little Havana Activities and Nutrition Ctr..pd
DISCUSSED
Chair Hardemon: Now, let's bring our attention to the letter; the Little Havana Activities and
Nutrition Centers of Dade County, Inc. letter. You're recognized, sir.
Vice Chair Russell: Is there any idea -- I did not realize that only two of the five were in our city;
so of those two, do we have any idea what the financial need would be to supply meals to those
two for one year?
George Mensah (Director Community and Economic Development): We've not gone to the
agencies to find out exactly what the amount is to those district, but that's something we can do.
Chair Hardemon: Ifind something to be very interesting. In the letter, it says -- after it says, Of
these sites, UTD (United Teachers of Dade) is located within a residential building in your
district, these centers each provide an average of 40 meals per day,'he writes, This is because
they either do not have the capacity to serve a greater number of clients, or because there's a
lack of interest from residents to register for meals in the centers. "And so, it furthers itself at the
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end by saying that Little Havana determined that the best course of action was to close those
centers that are not self-sufficient, and'(UNINTELLIGIBLE) Little Havana's other programs. "So
it makes me wonder whether or not it is that they had a lack of interest in those programs at
those sites, or they weren't serving enough. So, for instance, it was not cost-effective if you have
10 people being served and the building has the capacity of say, 250; you know, whether or not
they should continue at that site or they should be at another site; or maybe Meals to Go, so
meals could be delivered to them. So I think there's a lot of things that you probably need to
clarify from this.
Vice Chair Russell: Mr. Chair, I've visited UTD at least six or seven times over the last several
months, and it says 40 meals a day,'Svhich is about right, because every time I'd visit around
lunchtime, there would be about 40 people having lunch in the lunchroom; and, obviously,
there's more people that live there. So other people do have other methods, but these are the
seniors that either don't have the means or the funds or the ability to get out and go, and so they
-- and find a meal -- so they do rely on this; that being said, I've been getting a lot of complaints
about the quality of those meals, especially from UTD; and not that they're expecting filet
mignon, but they -- I mean, comments like -- I don't even want to repeat -- but they're unfit. They
feel neglected as seniors; that they're not even being respected with a decent meal. And so, we
were already looking into how these meals are funded, and how the quality is monitored. So I
don't want to say this is a blessing in disguise, but, certainly, there is a need there. And the
vendor that was there -- at least in the experience that I had in visiting -- was not -- and it's
probably because offunding; probably wasn't their fault of quality supply. But I think this was a
financial decision that is possibly being justified by a couple other reasons of need or use or
capacity, but there is a need.
Chair Hardemon: Well, you know, you can use your Poverty Initiative funds to address things
like this, also, because it -- people going hungry is an indication of poverty.
Vice Chair Russell: Yes.
Chair Hardemon: And so it would qualifirfor that type of assistance.
Vice Chair Russell: Which district is Palermo Lakes in?
Mr. Mensah: District 1.
Vice Chair Russell: I'm sorry?
Commissioner Gort: My district.
Mr. Mensah: District 1.
Vice Chair Russell: And do you have -- I -- you have much more experience than I at this. Do
you know what you're going to do?
Commissioner Gort: Definitely, I'm going to be looking for solutions to it and sponsors to do so;
and also, at the same time, the -- according to the letter, not enough people sign up for it. And
the thing that you have to happens is we do have bomedores'butside of the district, which people
from the district go to there. For example, in Little Havana, we had a lot of people from
Allapattah that go there; the one in Sweetwater, we have a lot of individuals from my district that
go there. So I got to see if the need is really there. So that's why I just made a phone call,
because I want to make sure to talk to the managers in those apartment and find out what's going
on.
Vice Chair Russell: Well, I look for guidance from my fellow Commissioners who may have been
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in this position before. I've looked into my Anti -Poverty funds, of which you all know that I have
the smallest allocation; I believe under $100, 000 per year that I have available for the district,
based on the percentage of poverty need there is. So I'm open to various solutions. This is a
very new issue, it's a very new problem, so I'm looking for solutions that -- where we can help.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir; then Commissioner Suarez.
Commissioner Carollo: Thank you, Mr. Chairman. I'd like to begin by saying that, as was
mentioned previously, we in the City of Miami attempted for quite a long time, as a matter of
fact, to change the cap from 15 percent to 25 percent, so we would have more additional monies
for public services. It's still one of our priorities I make sure that we maintain, and one of our
priorities -- one that was taken out, but we haven't had traction, for whatever reason. It seemed
very promising at first, and I don't know if it's a gridlock, you know, in our nation or what, but
we haven't had traction; so that's number one -- and Commissioner Gort knows. But anyways,
the other thing that I can tell you is that whenever this issue has been brought to us, we have, as
a Commission, taken the step to make sure that some of these needy people do not go hungry.
And I'm sure that, once again, we will see whatever needs to be done, so these needy people do
not go hungry; but at the same time, I think you also need to see exactly what is the amount that's
needed; what is the allocation. Because, you know, we're -- I see here 500, 000. A simple
calculation the Mayor made was more like 300, 000 for the City residents; but, again, I really
want to see how many people are affected, and what is the amount, to make sure that we're really
dealing with the issue -- concrete issue; not necessarily, you know, Hey, we need 'X' amount of
money, because the sky is falling. "And understand --
Vice Chair Russell: We made an estimate in ours to match at least the funding level that they're
using right now, which I was mentioning before probably needs to be increased for quality
reasons, but it would be about $75, 000 for one year to -- at least for UTD itself to meet those
needs of those 40 meals a day, so that's what I'm looking at as a need in my district; and at that
time, I did not know that three of them were not in the City at all, and only one of them was in
one of our -- my fellow Commissioner's district. So that's the need that I'm trying to fill, more or
less, at this point, which would pretty much eat up all of my Anti -Poverty funds. And so, I'll be
working with Mr. Mensah to see what possibilities are available to me. And if we can't find a
solution, I'll probably bring it back, because I believe the meal service may stop within a month;
is that right?
Mr. Mensah: Yeah, I think -- I believe it's at the end of July.
Vice Chair Russell: There's a lot of distress over there. I've gotten calls from UTD and residents
wanting to know what's going on and why this happened, and I think it's at the State level. There
was just a funding shortage. So --
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Yeah. You know, I kind of agree with a lot of the
comments that have been made. You know, it's very frustrating to get a dollar from the Federal
Government, so to start at a Federal level and be restricted in how we can spend that dollar,
when I think it's pretty clear to us that we have a easily defined or definable benefit when you
talk about feeding some of the most disenfranchised in our city that are living on fixed income.
So, you know, I'm, you know, continuing -- as Commissioner Carollo said -- I'm continuing to
also lobby the Federal Government on that CDBG (Community Development Block Grant)
reform that is not only about maybe expanding the cap, but maybe eliminating the cap
completely so that we have the ability to spend -- which, by the way, one of the reasons why it's
been held up in the Federal Government is because they've considered it an entitlement, which
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NA.3
16-00518a
it's not, you know. It's not an entitlement -- an earmark -- I'm sorry -- an earmark, which it's not.
And -- because you're not asking for more money. You know, obviously, it's unfortunate that, you
know, other companion agencies -- the State Government -- are reducing their funding, and I'm
going to also talk with the State legislators about that, because I -- you know, our budget
statewide is as high as it's ever been. I think it's the record amount. So I don't understand why
this funding loss has happened when we have, you know, record -high funding levels in the State
Government. So -- and as to the quality offood, I agree. I think -- I've had issues in the past and
I've addressed them right away, because I think the -- you know, the most important thing is that
our residents area getting nutritious food, and that this is a dignity issue, as well. You know, if
they're getting food that you wouldn't feed to your dog, for lack of a better word, you know, they
shouldn't be given to our residents just because they want to save a little bit of money. So, you
know, I'm going to take a look, also, at my Poverty Initiative funds to see if there's any way that I
can help in this issue for District 1 and for District 2, because this is obviously something that is
more -- it's not just a one -district issue.
Chair Hardemon: Are there any further comments about the item before we move on? Thank
you very much.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A
SPECIAL CITY COMMISSION MEETING ON JUNE 22, 2016, AT 2:00 P.M.,
AT MIAMI CITY HALL. THE PURPOSE OF THIS MEETING IS TO
ADDRESS ALL ISSUES AND TAKE ANY ACTIONS ASSOCIATED WITH
VIRGINIA KEY MARINA REQUEST FOR PROPOSALS (RFP) NO.
12-14-077.
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Russell, Carollo, Suarez and Hardemon
Absent: 1 - Commissioner(s) Gort
R-16-0285
Commissioner Suarez: Okay. I will now move that the first item on that special Commission
meeting agenda be the bid protest; and the second item on that Commission meeting be a
decision on whether or not to reject all proposals, or to seek a recommendation directly from the
Selection Committee. Sound good?
Victoria Mendez (City Attorney): Yes.
Commissioner Suarez: Everyone okay with that?
Al Dotson: Another recommendation?
Commissioner Suarez: Yeah. I mean, that's what our Code says.
Mr. Dotson: Well, you already have a recommendation from --
Commissioner Suarez: No, no. I know, but that's one of the options that we have in our Code.
I'm not saying we're going to say it -- we're going to exercise it.
Ms. Mendez: Commissioner Suarez --
Commissioner Suarez: I'm just saying that that's not --
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Ms. Mendez: -- could it be a discussion item, the second item?
Commissioner Suarez: Sure, but I want it to be clear that the there's a possibility that we can
take action on that item.
Ms. Mendez: Right.
Commissioner Carollo: Exactly.
Ms. Mendez: We'll make sure that's on the agenda.
Commissioner Suarez: I just -- because we typically -- you know, we sort of -- you know,
discussion is -- but we have the ability to take action if we want to. That's fine.
Chair Hardemon: So why can't it just be a resolution to --?
Commissioner Carollo: Yes.
Commissioner Suarez: Right.
Ms. Mendez: Okay, fine.
Commissioner Carollo: Yes.
Ms. Mendez: Fine.
Commissioner Suarez: It would be an either/or, though, because -- I mean, we have in our Code
-- the only thing we couldn't do is accept a recommendation because --
Ms. Mendez: You're correct.
Commissioner Suarez: -- the lease is not ready, correct?
Ms. Mendez: Right. And you have a protest pending, so that's why --
Commissioner Suarez: But the protest would be handled before.
Ms. Mendez: No, no, I understand, but it's -- you'll do it in the alternative. Accept or reject,'Is
that how you worded it?
Commissioner Suarez: Okay, accept -- could -- my question is, could we accept the Manager's
recommendation, absent a lease, a negotiated lease?
Mr. Dotson: The Manager's recommendation is to negotiate; not to accept an award or lease, so
you can accept the Manager's recommendation. You can't award a lease.
Ms. Mendez: Correct, because it wouldn't be --
Commissioner Suarez: Okay.
Ms. Mendez: -- done. There's no --
Commissioner Suarez: So then that's what the --
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Ms. Mendez: -- lease to award yet.
Commissioner Suarez: -- resolution should say. It should tract the language in our RFP, okay?
And I guess we can talk about it at that issue; but one of the things I want the audience members
to know, because they're here on a specific issue, is that second item could include discussion --
or will most likely include discussion as to whether or not slips will be in the basin. That's
important for you all to know, because I don't want you to think that this process is somehow
leaving out that very relevant discussion that you're here to give; and I think, you know, that's
what we're going to listen to, I presume, today. So does that sound good to everyone?
Chair Hardemon: I heard the motion.
Commissioner Suarez: That's a motion.
Gary Brown: Can I clam something?
Commissioner Suarez: Sure.
Chair Hardemon: I want to clarify do we have a second first. Do we have a second on that
motion that's on the floor?
Commissioner Carollo: Can you ver [sic] the motion?
Commissioner Suarez: Yeah, I'll clarify the motion. So the motion is that the first item on the
agenda be the bid protest, as articulated in our Code and in the bid documents, so that's what
we're going to hear first. The second thing that we will hear -- the second item on the agenda is
to accept the recommendation of the Manager, reject all proposals, or seek a recommendation
directly from the Selection Committee. That's tracking the language on page 18 of the RFP.
Mr. Brown: Section V'j'eah.
Commissioner Suarez: Correct. So that would be the second item on the agenda. Everyone's
okay with that?
Ms. Mendez: Now, based on the way that you've --
Chair Hardemon: Is there a second?
Ms. Mendez: -- proposed it, then you're not --
Chair Hardemon: Is there a second?
Commissioner Carollo: I need clarification from the City Attorney.
Ms. Mendez: -- going to give yourselves any wiggle room. That's the order that you're going to
hear it.
Commissioner Suarez: Wiggle room in what sense?
Ms. Mendez: In that -- if one -- two of the Commissioners have brought up the fact that they --
technically, you don't need to listen to a bid protest, so --
Commissioner Suarez: I get it, but we're setting the procedure here. By setting the agenda for
the special Commission meeting, I think the -- what's good about this is we're organizing things
for everyone's benefit, really, because they've all prepared very, very hard for this, okay? Please
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stop sending us letters, okay, please, for the love of God.
Mr. Dotson: We will not (UNINTELLIGIBLE) to anymore misleading --
Commissioner Suarez: I need to spend time with my --
Mr. Dotson: -- (UNINTELLIGIBLE) put (UNINTELLIGIBLE).
Commissioner Suarez: -- wife and my child.
Daniel J. Alfonso (City Manager): Commissioner?
Chair Hardemon: No, they may file a letter today.
Commissioner Suarez: No, at 3:48 I got one, so I can't handle it anymore. So that's the agenda.
You understand what I'm saying?
Ms. Mendez: And you'll decide what order you take them in?
Commissioner Suarez: No.
Ms. Mendez: Okay.
Commissioner Suarez: We're setting the agenda. The agenda's going to be taken in order, item
1, item 2. That's it.
Chair Hardemon: I mean --
Vice Chair Russell: Wait, wait.
Chair Hardemon: -- my thought is if we can put -- if we can do this in whatever order that we
want to, then it makes no sense for me to even have this bid protest discussion, because what I'm
seeing -- when I look at the tea leaves, I see an intent to get rid of a bid protest. That's what I
see.
Commissioner Suarez: No.
Chair Hardemon: Or get rid of a -- I'm sorry, I'm sorry -- an attempt to get rid of a --
Vice Chair Russell: RFP.
Chair Hardemon: -- RFP. That's what I start to see, and there's some people who would be
happy with it, and there are some people who would not be happy with it.
Commissioner Suarez: But --
Chair Hardemon: I know not from you. I'm not (UNINTELLIGIBLE) --
Commissioner Suarez: But I want to clam because --
Chair Hardemon: I just want to say --
Commissioner Suarez: Look --
Chair Hardemon: -- this is what our discussion looks like.
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Commissioner Suarez: I get it. 1 get what you're saying. But my thing here is, you know, we're
-- we throw around the word Process 'b lot here. It's something we talk about all the time, okay?
But the fact of the matter is for two consecutive agenda items, agenda meetings or meetings,
we've had an agenda item that's about a bid protest, okay? That may have been the right thing
to do, that may not have been the right thing to do. We didn't have to do it that way, clearly; but
we've done it that way. I think in the interest offairness, we should do it that way. And I think
the second item should be what I consider "macro issues," and I gave an example, which is the
wet slips in the basin. That's a macro issue. It's not in any bid protest, okay, but I think it's an
issue that's relevant to our decision. You get what I'm saying?
Vice Chair Russell: But --
Chair Hardemon: It's not a bid protest yet.
Vice Chair Russell: -- if that decision -- if that discussion on boats in the basin, for example, the
master plan, who knows where that goes --
Commissioner Suarez: Right.
Vice Chair Russell: -- causes us to feel that the RFP was not issued correctly at all in the first
place --
Commissioner Suarez: Right.
Vice Chair Russell: -- why would we even waste time with a bid protest on an RFP we're not
going to deal with?
Commissioner Suarez: Because that's the right way to do things.
Mr. Dotson: Agreed.
Commissioner Suarez: That's the right process.
Vice Chair Russell: So I think the first item is the macro item.
Commissioner Suarez: Right.
(Applause)
Vice Chair Russell: Does that mean I said something right?
Chair Hardemon: You said something popular.
Vice Chair Russell: I -- to me -- and from a process standpoint, that seems to be the right way,
because I feel that we would be dealing with the protest, not knowing the bigger picture in mind,
whether the entire -- we're going to be dealing with the entire RFP as a whole, so it seems to me
the discussion on the RFP as a whole needs to be the first thing we decide, because, as a
Commission, this is when it's comes to us; and this is, for me, a need for reform of the entire RFP
process in general; another discussion.
Commissioner Suarez: I agree, I agree.
Vice Chair Russell: Because what happens is a lot of people put a lot of time and money into
baking a cake and then --
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Commissioner Suarez: Of course.
Vice Chair Russell: -- we're at the very end to put our finger, and then go, Oh, wait, I didn't like
pineapple."' could have told you that at the beginning.
Commissioner Suarez: Right.
Vice Chair Russell: Because we, as the Commission, should have the ear of our constituents to
know what they're looking for us to do on a property, and we bring that to the Manager. We
have now a board that can help us talk about what we would like to see in a marina, rather than
everyone going through all of the machinations of creating and then trying to meet this RFP,
only to then come to us at the end, at the very last point here -- and we've got very larger issues
about the RFP process, about this RFP, and how it was issued, and I just feel that that discussion
comes before the details of the bids and whether to award, whether to deal with the protest.
Commissioner Suarez: And I would agree with you on several of those issues, the way that you
articulated them. 1 think in a sort of perfect world or in the way that it should have been done, I
think it should have been done that way. That's not the way that it was done.
Vice Chair Russell: So you'd rather dispense with the protest first, either we accept or reject.
Commissioner Suarez: I think -- in fairness, I think the way that it's been put on our agendas
and the way that it's -- that we have, in fairness to the parties, put it out there, that's the way
we've done it. That's the procedure that we set forth; may not be the right procedure, may --
because I hear what you're saying, and I'm not disagreeing necessarily with what you're saying.
I just think that's not the way that we did it.
Vice Chair Russell: I'm open to that. Commissioner Carollo, before I second his --
Unidentified Speaker: Can I be heard on something before you --?
Vice Chair Russell: -- agenda?
Commissioner Carollo: Commissioner Russell, I think we've been on the same page, and I think
we've been asking for the same exact thing since the last Commission meeting: We wanted to
listen to all the facts, even before we listen to the bid protest, because there may not need -- there
may not be a reason to listen to the bid protest. Now, with that said, I know the Chairman said
about reading the tea leaves. And listen, I'm not saying that I'm ready to, you know --
Vice Chair Russell: Agreed.
Commissioner Carollo: -- throw this out, you know. What I'm saying is I need to know the facts,
you know, and I had that conversation with the City Attorney: "How can I make a motion to
throw the whole RFP out if I don't know all the facts?" And all we're trying to do is get the facts.
That's what we've been trying to do for two Commission meetings, so we'll try in the third one.
Maybe the third one's the charm.
Vice Chair Russell: Do you have an issue with the order as it --?
Commissioner Carollo: Listen, I think what you're saying is correct. I understand as far as the
-- you know, the process. Maybe, you know, surrounded by attorneys, maybe we should have put
that other item in the agenda now. I could tell you this: The laymen that's not a lawyer, like you
see many people out here, came here thinking that they were going to be able to be heard and
discuss this whole issue with the RFP. So again --
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Commissioner Suarez: And I think they should be, by the way. I don't think they should have to,
you know, be made to wait unnecessarily and not get their opportunity to speak on the RFP. I
really do think they should have the right to speak on it.
Commissioner Carollo: Right, but we're just not going to deal with that issue today, which is --
Commissioner Suarez: We're not --
Commissioner Carollo: -- the problem.
Commissioner Suarez: We're not going to do it today.
Vice Chair Russell: Right.
Commissioner Carollo: We could listen to them, but we're not going to deal with that issue
today, which --
Vice Chair Russell: Right, so --
Commissioner Carollo: -- in essence, it's somewhat --
Commissioner Suarez: It's kind of like --
Commissioner Carollo: -- I guess deceiving to them --
Vice Chair Russell: All right.
Commissioner Carollo: -- and I don't want to speak for them, but I would feel that way.
Vice Chair Russell: The two agenda items in your motion in order are, please?
Commissioner Suarez: The bid protest, right?
Vice Chair Russell: Whether to accept or reject the protest process (UNINTELLIGIBLE), okay?
Commissioner Suarez: Correct. There's a bid protest that is -- has been calendared on the
agenda twice and has been discussed. Whether it has started or not, it's been discussed, okay, as
an agenda item. We could have taken up as an agenda item whether we accept or reject the
Manager's recommendation. That could have been our agenda item, rather than the bid protest,
but it wasn't. So I think that should come second simply out offairness. That's my opinion. That
doesn't necessarily mean the outcome is going to be any different or will be different. I don't
know how the out -- it's going to be. We got to listen to their arguments. And we have to make
sure that whatever decision we make is not arbitrary and capricious. And by the way, we've
oftentimes heard from our residents, who have been waiting for a long, long time -- we've
adjourned on an issue; taken it up on another issue. We've done it in your district. We've done it
-- we weren't deceitful for your residents either, and we've done it in your -- and we've done it in
a variety of different contexts. We do it all the time, because we want our residents to not have to
wait all day and then not have an opportunity to speak. We listen to what their comments are.
We're informed by them, and then we make our decisions, and they can obviously come back.
Gary Brown: For the record, Suntex and Tifon don't object to hearing the macro issues first,
because as Commissioner Russell said, if the Commission decides to throw out all bids, it moots
the bid protest. So as the protesters, and to address Commissioner Suarez' concern about
fairness, we're fine with hearing the macro issues first. And if the Commission gets past that,
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then, of course, we could hear the bid protest.
Vice Chair Russell: Understood.
Mr. Brown: Thank you.
Vice Chair Russell: Madam City Attorney, if we take that item first, being the protests
themselves, and let's say, hypothetically, we agree that the protests should be included in this
process and heard, that -- will that then stop the next step? We wouldn't be able to go on until we
actually go through the entire protest process?
Ms. Mendez: Once you start the protest, you got to finish it. And you'll be limited to the things
in the documents; or, as Mr. Dotson said, that he graciously allowed one item to -- and he would
not object, but that --
Mr. Dotson: Well, where this is headed -- The bid protest has been calendared for two meetings,
and I want to say that until I'm blue in the face. There's been nothing else on this agenda but a
bid protest. I'm okay with the deferred item for a specific meeting and the bid protest going first,
because we also have rights. We responded in that bid protest, too. Remember, they asked -- if I
am the incumbent, the first thing I'd want you to do is throw out all bids so I can stay until you
go back through another process. That's in my best interest, if I'm not the recommended
proposer. But I guarantee you this: You go through that bid protest and find that we should not
be first and Tfon should be first, that very next conversation about throwing out all bids, there
may be a very different point of view from that side of the podium.
Commissioner Suarez: That's a good point.
Mr. Dotson: So we really should go with the bid protest first, because anything can happen,
anything can happen in that bid protest, and then you can have the macro discussion at any point
and time you want to have it; everyone will be ready for it, and we can move forward.
Mr. Brown: First of all, RCl does not have any vested property rights. The RFP is clear so that
-- there's --
Mr. Dotson: We're not talking about property rights.
Mr. Brown: None of the proposers --
Mr. Dotson: Procedural rights.
Vice Chair Russell: Please, gentlemen.
Mr. Brown: -- have due process rights.
Mr. Dotson: I'm sorry to interrupt you.
NA.4 DISCUSSION ITEM
16-00843
DISCUSSION REGARDING REQUEST FOR PROPOSALS NO. 12-14-077,
LEASE AND DEVELOPMENT OF CITY OF MIAMI OWNED WATERFRONT
PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE USES
LOCATED IN VIRGINIA KEY.
DISCUSSED
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Vice Chair Russell: Now, Madam City Attorney, a little guidance on Commissioner Suarez'
request to hear from the public. I believe that was --
Commissioner Suarez: I would, I would. I think the people from the public should be heard.
They've been here sitting for many, many hours, and I think we should listen to their comments.
Vice Chair Russell: There is no specific item on the floor. This would be just a general open
public hearing?
Victoria Mendez (City Attorney): Yes. They can -- based on this, they can just voice whatever
opinions they wanted to --
Vice Chair Russell: So there's no limit and scope to what they are asked to comment on? They
can simply --
Ms. Mendez: Well, obviously, you will -- I assume -- could you raise your hands, who's here to
speak on the -- I assume the basin and Virginia Key and the RFP (Request for Proposals) itself?
Okay, so then you can limit them to two minutes to talk about the RFP in general; let them give
you their information, and that's it. Obviously, this is not a part of the bid protest. It's not
anything that you're going to consider with regard to the bid protest. This is just information;
the same way that they could come to each of your offices, each one individually; you're just
saving them a trip.
Vice Chair Russell: Yes. Now, what you're all seeing, this whole circus that's going on right
here, is actually very important in the process; that someone's going to lose in this situation.
Someone's going to win; someone's going to lose. Maybe everybody's going to lose.
Commissioner Suarez: (UNINTELLIGIBLE) everybody's going to lose.
Vice Chair Russell: What we can probably guess is that there may be a lawsuit; in which case,
we want to make sure we've done everything by the letter so that everybody gets a fair chance,
and that any challenges that are made can be done so legitimately. So I would just like to make
sure that in this open public hearing we're about to have, Madam City Attorney, that we do not --
we're not opening ourselves up to weakening our case, at all, in the event of an appeal or a
lawsuit; that we have heard open discussion, you're saying, as long as it's contained separately
and outside of the item. This is not about the bid protest; although, people may speak about the
bid protest.
Ms. Mendez: Right. We will just -- you could limit them to their -- to the discussions with regard
to the RFP.
Commissioner Suarez: Can I --
Ms. Mendez: That's fine.
Commissioner Suarez: -- jump in on that issue real quick? So if anyone is here that has an issue
with wet slips in the basin, okay, that's not the subject of the bid protest; that's not in the bid
protest. However, that doesn't mean it's not relevant. It's relevant to our decision, because, as
you've heard here today, we have the right to reject all bids, so we also have the right to lease --
to create a lease that may or may not -- depending on who you want to believe or depending on
how the legal guidance is or how it shapes out, that may or may not be in conformity with the bid
itself and may not be what they call "material deviation "from the bid. So whatl think is most
important for us to hear from you is what is your perspective in terms specifically of -- if you're
here for wet slips in the basin, that is a specific issue that I think would be relevant for us to hear.
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Vice Chair Russell: So 171 allow two minutes for each person to speak. You'll hear a little buzzer
when you get to 30 seconds; please start wrapping up at that point so you finish speaking at the
three -minute -- at the two -minute mark. Anyone who would like to speak, please line up at the
microphone so we can work efficiently. We're not taking any action on this item, at all. We
simply want to give a voice to the public and hear your opinions and thoughts. As you start,
please state your name and address for the record.
Joyce Landry: Thank you, Commissioners. My name is Joyce Landry. I live at 3900 Wood
Avenue in Coconut Grove, and I would just like to take my minute to talk about the Virginia Key
Master Plan. There were -- why was the Virginia Key Master Plan even started? These were
concerned citizens that spent four years, 2007 to 2010, in charrettes all around the City; public
forums, standing -room -only, with a lot of passion on this subject, and we came up with a plan.
We worked together. And the front of plan says, "We believe in honoring the input from the
public in the planning process." Fabulous. Aforgotten natural wonder, complete public access
to waterfront, sustainable principles, healthy, active, low -carbon footprint; an accessible place
of recreational heritage and natural conservation. So along with that, we also historically
designated the entire basin. We're here today to say that this bid process that's put together not
only is a violation and requires an amendment of the Virginia Key Master Plan, but it also
requires an amendment of historic designation. That is the only way that the plan that has been
put forth by RCI could even go through with two amendments. So here is the hard work of the
public who went through four years of blood, sweat, and tears to put together Virginia Key
Master Plan, and it could be just be thrown out like that and get an amendment so that this plan
can go through. By historically designating the entire basin, a marina in the basin isn't even
possible. It is not possible. So the bid, we believe, is flawed. What we want is we want a central
park. We want something that we can look at years from now and give to our children that is
some place that we can really have a natural place in the center of Miami. What did we get?
What we got was the Miami Boat Show, a thousand pile ons drilled into our historic basin; we
got all these mangroves that were torn out, ripped out by the City; and you also paved over our
proposed playing fields that are part of the Master Plan. That's already happened. And what we
feel is that the camel now has his head in the tent, and this bid is going to take it even further and
have it go ramming right through, and we're going to get a Bayside Marketplace right in the
middle ofa place where we want natural, beautiful, and a historic area.
Vice Chair Russell: Thank you very much.
Ms. Landry: Okay. Thank you very much. And we appreciate the Commission taking care of us
in that way. Thank you.
Vice Chair Russell: Thank you.
Vinson Richter: Hello. I'm Vinson Richter. I'm the Dade Heritage Trust appointee to the
Virginia Key Advisory Board. I'm here to not talk on behalf of the Advisory Board; although, I
think that they've made their -- pardon me?
Vice Chair Russell: Your address, please.
Mr. Richter: Oh, 10800 Southwest 69th Avenue. I think the Commission is looking for three or
four non -arbitrary, capricious reasons to throw out this RFP, so I'd like to give you some. First
of all, the RFP was unclear, and the bids do not meet the criteria of the Master Plan that was
approved by this Commission. A marina was envisioned by the Master Plan, but not in this
location. Second reason: The basin is historically designated, and a marina cannot be built
there. Third: The marina and the basin is just a plain, lousy idea, and it should be thrown out.
If you want other reasons, I've prepared an overlay of the proposed marina onto the basin,
because I wanted to show you how shocking it is when you see it.
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Commissioner Suarez: By the way, thank you for leaving me with a copy of it. I appreciate it.
You were able to make a second one.
Mr. Richter: As you can see, the proposed marina totally clogs the south entrance into the
basin; it only leaves this entrance. So if you're a paddle boarder, a rower, you're not going to be
able to use this basin. And when the Boat Show marina is here, the basin becomes unusable for
four, five months of the year. The second reason is after -- this kills all the sight lines of
downtown Miami from the Miami Marine Stadium, which is really my passion. It puts an undue
pressure on the marina -- on the Marine Stadium, and it creates a bottleneck; so after an event at
the Marine Stadium, you're going to create a hazardous condition coming out of here.
Vice Chair Russell: Thank you very much.
Mr. Richter: Thank you.
Deborah Matthews: Hi. Thank you, Commissioners. My name is Debbie Matthews, 4310
Southwest 3rd Street. I think we should reject all R -- the whole RFP process for the -- exactly
the same reasons that are stated here today, because of the marina being proposed in a historic
area. We're so blessed to have a beautiful, natural area. Just this morning, I saw a stingray
jump while I was rowing. I want to keep it that way. I think a lot of people enjoy that area. It's
not going to be like that if we fill it full of boats, and we need a place again that we can pass on
to our children and have a natural place so close to the City, so close to downtown. It's very
rare to have a beautiful place like that so close where you can just go for lunch and walk on the
beach. We need to keep it that way and have the citizens enjoy it. It should not be a marina.
Thank you.
Vice Chair Russell: Thank you.
Ms. Matthews: I want to give my time to this gentleman behind me, any left overtime.
Roger Bernstein: Roger M. Bernstein, 3608 Royal Palm Avenue, in Miami. I think we're
dealing with a flawed RFP process, and I'm happy that we'll be able to take it up and focus on it
at the specially set meeting. The process is flawed because it was done secretly and in violence
[sic] to what was done with the Virginia Key Master Plan. We use that basin. I don't know how
many people involved in the RFP process were out there at 6 o'clock this morning, but I was.
And we have valuable input in the process and with the people who want to bid on it to talk
about how that can best be used. Introducing power boats into that basin is wrong. It's wrong
for rowers, kayakers, paddle boarders, triathlons, dog -swimming contests; everything that
happens out there. It's fabulous. So I appreciate your willingness to let us address this and for
the Commission to address this entirely. And I will say that we understand that the City has
waterfront property that it needs to turn into revenue, and we accepted the Boat Show. It's been
a tremendous disruption to our activities, but we've accepted it, and the City has done what they
said they were going to do. They put in a thousand pilings; they took out a thousand pilings.
That's good. Thank you. I'd like to cede the rest of my time to Monk Terry.
Vice Chair Russell: Yes. Thank you.
Commissioner Suarez: You have a minute and a half more.
Lawrence Terry: Commissioners, Lawrence Terry, 800 Alhambra Circle, Coral Gables; 34 years
on Tigertail; 37 years rowing and paddling in the basin, and also worked for two years as
Marinas Development manager for the City, so -- and I was there during the time when the
Marine Stadium Marina was given back to the City, so I have a lot of stories about that, but I
think I have a few credentials to talk about some other things. Thank you very much for the
acceptance of the idea of looking at the tea leaves. We understood that this was a narrow focus
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today, or it was supposed to be today, on the protest. So the real issue is the RFP. And if you
look at the RFP, it talks about the highest projected return, the highest base rent to the City,
increase the financial return to the City, improve the revenue capacity of the City, and to
enhance the destination market appeal. It sounds like CocoWalk or something else on the bay.
That's not what anybody wants, I don't think. So we -- this RFP was let a year ago at the height
of the confusion about the Boat Show. By the time any of us found out what was going on -- and
we were in the Cone of Silence, and that was just lifted not that long ago -- the Rickenbacker
Marina and the Marine Stadium Marina in their current state produce close to seven and a half
million dollars a year; that's today. As to the money, the City would receive more with the City
running both these marinas than any of these proposals. The City successfully redeveloped
Miami Marina and Dinner Key Marina, which were the mooring fields off the Grove, and the
Marine Stadium marina produced close the $8 million; Rickenbacker marina would add $6
million to that. The City has not had a good record with large and long-term projects. This RFP
is too big and has a too long of a term. In addition to the issues of getting paid, the City has had
serious -- I've got some time.
Commissioner Suarez: Yeah, yeah. Yeah.
Mr. Terry: Thank you.
Vice Chair Russell: Yes. We'll add a minute and a half.
Mr. Terry: Okay, I'll try to talk faster. And I'm going to send this to you all so you've got this in
writing. The City's had serious problems with properties at the end of their term. Think about
the Marlins Stadium, the Parrot Jungle, Coconut Grove Boatyard; and now, 22 years ago, the
Marine Stadium -- the marina in the Marine Stadium. The RFP was let before the Virginia Key
Advisory Board was formed. The RFP downplays the requirement of the Carollo Amendment.
The RFP does not address DERM (Department of Environmental Research Management), nor
the environmental concerns which arose during the Boat Show. We had the same thing in the
impact on the Point and the Barrier Island that were beautifully restored by the County. It
downplays the County's requirement to address the proper use of the basin and the stadium
under the reverter clause. It totally avoids any mention or concern for the promise that the City
has made to make its -- about the Marine Stadium itself. We've totally forgotten that there's a
Marine Stadium there and that -- where something's supposed to happen. It downplays the role
of the Corps of Engineers and the deed restriction in the State's Internal Improvement Trust. It
also downplays the need for careful integration of basin activities around the proposed public
access boat ramp. It does not address the idea and the possibility of a mooring field in the
middle of the basin, which we've been talking about for 20 years. It also has a -- it shows a
blatant disregard and lack of concern for the current and potential uses of the basin. So do you
-- you guys -- the Commission really want to trade 300 slips designed for 60-foot boats, worth an
average of a million and a half dollars apiece, with an average dockage fee of $2, 000 a month,
or 7 million in revenue, which coincidentally corresponds with the proposer's net profit after
paying the City its rent, for all the activities that are currently going on at the basin now and
could in the future; all the rowing, the paddling, summer camps, events like the Orange Bowl
Paddling, which I saw you two gentlemen fiercely competing, and our 44th Annual Miami
International Regatta and a huge Dragon Boat Festival that's designed for 2017? We'll be back,
and I'll send this to you. Thank you very much.
Vice Chair Russell: Thank you very much.
Dolly Maclntyre: I'm Dolly Maclntyre, advocacy chair for Dade Heritage Trust, with offices at
190 Southeast 12th Terrace. Frankly, the problem here is there are too many lawyers in the
room. Nothing personal, folks, but you can drag things out unmercifully. This is really simple.
The RFP was flawed. It didn't follow the Master Plan, which it was supposed to, so you can
simply throw it out. That's not your problem. It's the problem of the people who made the bids.
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They didn't follow the RFP. So you're quite within your legal rights; and you get it, and Carollo
gets it, and you want to get it. Just throw it out. Thank you.
Vice Chair Russell: Thank you. Please, no applause.
Sunny McLean: Good evening, Commissioners. My name is Sunny McLean, 466 Malaga
Avenue in Coconut Grove. I'm a rower. I'm not an attorney. I didn't understand a whole lot of
the stuff that you were talking about today, but I am here, not as a rower; I'm here as a
concerned citizen. And what I know is that I heard a lot about process; and what I also know is I
was there in March of 2007, in public meeting number one for the Virginia Key Master Plan. I
was there for the charettes. I was there for following meetings. I was heavily invested in this as
a citizen, as a citizen; as were, has been previously mentioned, many, many other citizens; and
yet, the Virginia Key Master Plan has been trampled on during this process. It's been ignored.
The will of the people has been ignored. I want to say that the Virginia Key Master Plan has
three guiding themes: One is diversity in recreation. The marine expansion in the basin is going
to cut that off. It's going to decrease the diversity, because there's going to be many sports that
can no longer be enjoyed there. Number two is waterfront access and use. Marine expansion in
the basin obviously means less waterfront access and use. The third one is celebration of natural
and cultural history. Big boats of the wealthy in our basins celebrate nothing but big money. We
should maintain the low -scale environmentally conscious nature of the Virginia Key Master Plan
and continue with environmentally friendly passive water sports. Thank you.
Vice Chair Russell: Thank you. Thank you for your involvement.
Kim Bonomo: Good evening, Commissioners. Kim Bonomo, 7200 Southwest 108th Terrace,
33156. As I said, my name is Kim Bonomo. I'm the president and captain of a dragon boat team
called Save Our Sisters. "It's an all breast cancer survivor dragon boat team, and we've been
operating out of MRC (Miami Rowing Club) for the past 10 years. I urge you to reconsider all of
these RFPs, to redo the entire thing, and to follow the Master Plan of Virginia Key. I appeal to
you not just as a user of the cove, but as an event planner. I'm an international organizer of
major dragon boat events. Recently, in Sarasota, I brought 3,000 people to Sarasota with a $10
million economic -- local economic impact. The Virginia Key Cove is one of the finest venues I
have seen in the world. Miami being one of the biggest cities in the world; certainly the prettiest,
the sexiest, and who doesn't want to visit paradise. We deserve a showcase, flat water venue with
a world -class rowing facility, which I understand from the Virginia Key Master Plan is exactly
what it was intended for. MRC not only houses the youth program, which is keeping kids
athletically involved, keeping them off the streets, getting them into college, and giving them
scholarships. My program is helping survivors, cancer survivors all over the world just for hope
and to stay -- but if-- not just considering what we do, I want you to acknowledge that the
proposals that are up there cutting off the basin, putting these wet slips into the basin will not
allow us to have a 2,000 meter run. That will not allow people like me to bring you a
internationally sanctioned race, and that's putting heads in beds; that's giving you the economic
impact that you're looking for.
Vice Chair Russell: Thank you.
Todd B. Hannon (City Clerk): Excuse me, Chair. I do have Laura Diaz here to my right; is
willing to donate her two minutes to the current speaker.
Ms. Bonomo: The events that I'm talking about will come on your shoulder seasons, not just
before and after your peak. These events will put those heads in beds. I understand the
economics of the City is a business. It's a serious one, and I applaud you guys for trying and
listening to us, but you have other options; please consider them. They are less impactful, less
limiting, and will allow us to make Miami a water sport destination city. Thank you.
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Vice Chair Russell: Thank you. It's nice seeing you again. Sir.
Howard Kosowsky: My name is Howard Kosowsky. I currently reside at 2 Grove Isle. I've been
rowing at the Miami Rowing Club since 1984. Since 1984, there have been over 2,000 children
come through the Rowing Club program and go on to college athletic rowing experiences. We've
had several world champions come through the Miami Rowing Club. They've rowed in the
United States, and they've rowed in other parts of the world. I, myself have rowed in several
parts of the world and have enjoyed it immensely. I believe that this venue is a perfect venue for
the children to grow and prosper and learn sportsmanship, camaraderie, and appreciation for
the area that they grow up in. I think the Marine Stadium area should not be denigrated with a
marina blocking the passage for proper events to be handled in the marine basin. Thank you.
Vice Chair Russell: Thank you.
Mr. Hannon: Chair, ifI could just get the speaker's name for the record.
Mr. Kosowsky: Howard Kosowsky.
Mr. Hannon: Thank you, sir.
Leah Kinnaird: Thank you, Vice Chair and Commissioners. I'm Leah Kinnaird. My address is
9040 Southwest 97th Terrace. I'm obviously a member of the SOS Dragon Boat Team, and I'm
here to sell you on dragon boating. Dragon boating, according to the Mayo Clinic, is one of the
fastest growing team sports in the world, and the Virginia Key basin is the ideal environment for
it. And as our captain was telling you -- and she is being -- she's not telling you how wonderful
she is, because she is world-famous for organizing dragon boat events. Other cities are building
venues like what we already have. And I wanted to explain for those people who've never been
in a dragon boat that it does not mix well with big motorboats. In fact, our hands are in the
water, and even a jet ski in the wrong direction can turn us over. And so it takes more space to
turn around. It takes more space to operate as a team, and that is why it gets crowded out there
very quickly. So I am in favor of starting all over, respecting the Master Plan, and really hope
that you'll come out and join us on the water. You'll love it.
Vice Chair Russell: I'll do it.
Ms. Kinnaird: Great. Thank you.
Vice Chair Russell: I believe our last speaker.
Chris McAliley: Good evening. My name is Chris McAliley, 2843 South Bayshore Drive. I have
lived in Miami my entire life; it's been my home. And I want to urge you to start this process
over and take another look at how you intend to use this basin. I am one of hundreds of people
who regularly use this waterway that's at issue here. I row with the Miami Rowing Club, and I'm
out there with rowers and paddlers, dragon boaters, outrigger, canoers, et cetera. We are all in
very low profile boats. We are human powered. Our boats don't turn well or stop quickly. We
need long stretches of water, and we're very vulnerable to motorized motor vessels. I cannot tell
you how many times I've been on the water and seen a powerboat coming out of the marina that
is relatively small at this location who simply isn't looking for a low profile vessel. If they
haven't been in that kind of a boat, they're used to a motor vessel; they're not looking for us; they
have no sense of the danger their wake poses to us, much less their vessel if they don't see us.
This lagoon is the only place in Biscayne Bay accessible from our urban core where Miamians
and visitors can enjoy rowing and paddle sports; and this City has settled upon this Master Plan
and historic designation, which is intended, in part, to protect this use, so -- and I think it's a
recognition of the fact that this amenity is such -- adds such richness to our City that there is the
ability for those of us who live in the urban core to access our Biscayne Bay in a safe way and
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allows this kind of sport, so -- and not to mention -- I have to add the kids that I see out there, the
middle schoolers and high schoolers who are out there and engaging in such a productive
activity. It's a great resource, and I urge you to protect it. Thank you.
Vice Chair Russell: Thank you. And just to clar, this was the closing of public hearing on a
non -agenda item, not related specifically to RE.8. The Clerk's asked me just now to simply
clarify the motion to defer -- original motion was to defer RE.8 to that special session. Was that
correct? Because we need to -- we needed to take action on this item and add it to that agenda
that you created.
Commissioner Suarez: I think we could withdraw the item. This is what I think, and we created
a special meeting, and we set an agenda for that special meeting. So I don't know that we need
to defer it. I mean, I --
Mr. Hannon: It's more of a procedural matter. What we can do is show for item RE.8 on this
agenda as being discussed. And if you want to create an entirely new file with a new file number,
this is -- we're getting into procedural nuance here.
Commissioner Suarez: Clerkish nuances.
Ms. Mendez: It's just more paperwork than to defer this item as your number one, but that's all it
is.
Commissioner Suarez: I mean --
Vice Chair Russell: I would prefer it that way, because I would like it very clear that all of the
public discussion we had is not part of the bid protest discussion.
Commissioner Suarez: Agreed. I agree with that.
Vice Chair Russell: And so that item was deferred in your first action, to my understanding, to
that special session.
Commissioner Suarez: And so, then, I guess the second item on the special Commission meeting
agenda is the item as to whether or not we accept or reject or send it back to the committee,
which is what's on page 18 of our bid protest.
Ms. Mendez: That's fine. That's how I understood it to begin with at the beginning, but --
Commissioner Suarez: That's how everybody understood it, right?
Mr. Dotson: I'm getting older today, so I'm a little slow. Can you please repeat that?
Commissioner Suarez: So this is what we did: We deferred RE.8 to that special Commission
meeting. It'll be the first item on that special Commission meeting agenda, which is the bid
protest.
Mr. Dotson: Yes.
Commissioner Suarez: Okay? The second item on that special Commission meeting will be
whether we accept or reject the Manager's propose -- recommendation of the proposals or seek a
recommendation directly from the Selection Committee, which is what is in the -- on page 18,
Subsection 5 of the RFP.
Mr. Dotson: Commissioner, the wisdom of youth is always apparent. You're absolutely correct.
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ADJOURNMENT
Thank you.
Commissioner Suarez: Thank you. Everyone's good with that? You guys are good with that?
Thank you. Thank you for coming. Thank you.
Chair Hardemon: All right, thank you very much.
END OF NON AGENDA ITEM(S)
The meeting adjourned at 10:40 p.m.
City of Miami
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