HomeMy WebLinkAboutCC 2016-07-13 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Wednesday, July 13, 2016
11:00 AM
Special 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 July 13, 2016
Present: Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon
Absent: Commissioner Gort
On the 13th day of July 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 special
session. The Commission Meeting was called to order by Chair Hardemon at 2: 00 p.m.,
recessed at 2:02 p.m., reconvened at 3:25 p.m., recessed at 3:49 p.m., reconvened at 5:04 p.m.,
and adjourned at 5: 06 p.m.
ALSO PRESENT:
Fernando Casamayor, Assistant City Manager
Victoria Mendel, City Attorney
Todd B. Hannon, City Clerk
ATTORNEY -CLIENT SESSIONS
SP.1 ATTORNEY -CLIENT SESSION
16-00942a
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 CASES OF: SECURITIES AND EXCHANGE
COMMISSION V. CITY OF MIAMI, FLORIDAAND MICHAEL BOUDREAUX,
CASE NO. 13-CV-22600, PENDING IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE
CITY IS PRESENTLYA PARTY. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 11:00 A.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 CHRISTOPHERA.
GREEN; SENIOR ASSISTANT CITY ATTORNEYS HENRY J. HUNNEFELD
AND ROBIN JONES JACKSON; THOMAS SCOTT, ESQ.; AND SCOTT COLE,
ESQ. 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.
16-00942a Memo - Office of the City Attorney.pdf
16-00942a Notice to the Public.pdf
DISCUSSED
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. On June 23, 2016, under the
provisions of Section 286.011(8), Florida Statutes, the City Attorney requested that the City
Commission meet in private to discuss pending litigation in the cases of Securities and Exchange
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City Commission
Meeting Minutes July 13, 2016
Commission versus City ofMiami, Florida, and Michael Boudreaux, Case Number
13-CV-22600, pending in the United States District Court for the Southern District of Florida, to
which the City is presently a party. The City Commission approved the request and will now at
approximately 2 p.m. commence a private attorney -client session under the parameters of
Section 286.011(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 J
Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby
Min; Division Chief for General Litigation Christopher Green; Senior Assistant City Attorneys
Henry Hunnefeld and Robin Jones Jackson; Thomas Scott, Esquire; and Scott Cole, Esquire. A
certified courter will be present to ensure that the 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 Commission meeting will be reopened, and the person chairing the Commission
meeting will announce the termination of the attorney -client session. Thank you, sir.
Later...
Victoria Mendez (City Attorney): Mr. Chairman, we've now finished the attorney -client session
for the Securities and Exchange Commission versus City of Miami, Florida, and Michael
Boudreaux, and now I will read the script for the second shade meeting.
SP.2 ATTORNEY -CLIENT SESSION
16-00943a
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 CASES OF: MIAMI-DADE COUNTY, ET AL. V.
FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467,
BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ET AL., 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 11:00 A.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. MCNULTYAND 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
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Meeting Minutes July 13, 2016
NA.1
16-01032
AND THE PERSON CHAIRING THE COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION.
16-00943a Memo - Office of the City Attorney.pdf
16-00943a Notice to the Public.pdf
DISCUSSED
Victoria Mendez (City Attorney): On June 23, 2016, under the provisions of Section 286.011(8),
Florida Statutes, I requested that the City Commission meet in private to discuss pending
litigation in the cases of Miami -Dade County, et. al versus Florida Power & Light Company,
Case Number 3D14-1467, before the Third District Court of Appeal; City of Miami versus State
of Florida Department of Environmental Protection, Case Number 15-747, 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 Number 160009, pending before
the Florida Public Commission [sic], to which the City is presently a party. The City
Commission approved my request, and will now at approximately 3:45 commence a private
attorney -client session under the parameters of Section 286.011(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 Russel; Commissioners Frank Carollo and Francis Suarez; the City Manager,
Daniel J Alfonso; myself the City Attorney; Deputy City Attorneys John A. Greco and Barnaby
L. Min; Division Chief for General Litigation Christopher Green, and Assistant City 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 the
litigation. At the conclusion of the attorney -client session, the Commission meeting will be
reopened, and the Chairman will announce the termination of the attorney -client session. Thank
you.
Later...
Ms. Mendez: Chairman, we have now concluded our City -client -- attorney -client session in the
cases of Florida Power & Light.
END OF SPECIAL MEETING
NON -AGENDA ITEM(S)
DISCUSSION ITEM
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES,
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 CASES OF: MIAMI-DADE COUNTY, ET AL. V.
FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467,
BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ET AL., 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
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Meeting Minutes July 13, 2016
ADJOURNMENT
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. MCNULTYAND 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.
DISCUSSED
Victoria Mendez (City Attorney): I'm asking if you'll allow me to read a request for a
attorney -client session for July the 29th. I'm requesting an attorney -client session to take place
in the pending litigation of Miami -Dade County, et. al versus Florida Power & Light, Case
Number 3D14-1467, before the Third District Court of Appeal; City of Miami versus State of
Florida Department of Environmental Protection, Case Number 157-747, before the Division of
Administrative Hearings; in matter of Florida Power & Light Turkey Point, Units 6 and 7,
Docket Numbers 52-040 and 52-041, before the U.S. (United States) Nuclear Regulatory
Commission; and in the Nuclear Cost Recovery Clause, Docket 16009 [sic], pending before the
Florida Service Commission [sic], to which the City is presently a party. The City Commission
will request -- will convene that meeting at approximately 2 or 3 o'clock on July the 29th, 2016,
and under the parameters of Section 286.011(8), Florida Statutes. This session will conclude
approximately an hour later, and it 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; myself the
City Attorney; Deputy City Attorneys John A. Greco and Barnaby L. 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. Thank you.
Chair Hardemon: Meeting adjourned.
END OF NON AGENDA ITEM(S)
The meeting adjourned at 5: 06 p.m.
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