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HomeMy WebLinkAboutCC 2016-09-29 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 29, 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 September 29, 2016 Present: Commissioner Gort, Commissioner Suarez and Chair Hardemon Absent: Vice Chair Russell and Commissioner Carollo On the 29th day of September 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 12: 04 p.m., recessed at 12: 06 p.m., reconvened at 12:42 p.m., and adjourned at 12: 46 p.m. ALSO PRESENT.: Daniell Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ATTORNEY -CLIENT SESSIONS SP.1 ATTORNEY -CLIENT SESSION 16-01316a 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 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD., V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 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 GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS. 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. 16-01316a Memo - Office of the City Attorney.pdf 16-01316a Notice to the Public.pdf DISCUSSED Victoria Mendez (City Attorney): Now, Commissioner -- Chairman, we have the attorney -client sessions, but I believe that -- Todd B. Hannon (Ci(y Clerk): Can you give me a second? We're going to switch the tape now -- City of Miami Page 2 Printed on 11/21/2016 City Commission Meeting Minutes September 29, 2016 Ms. Mendez: Oh, sorry. Mr. Hannon: -- so that we can begin the second special meeting. Commissioner Gort: Can we take five? Mr. Hannon: Yep, that would be very helpful. Chair Hardemon: Sure. Mr. Hannon: Thank you. Barnaby Min (Deputy City Attorney): Mr. Chairman, there were two shade meetings that were announced for this afternoon, which is -- I'm sorry -- this morning, which is the basis for the second special meeting. Is it the Commission's desire to take a lunch break or to proceed? My understanding from this morning was Commissioner Carollo was unavailable until 3 o'clock. Chair Hardemon: I think, if it were up to me, we would move through the agenda, because Commissioner Carollo could be gone and not come back until 4, 4: 30, 5. I mean, we can't guarantee his schedule. So if this is something that we can do now, then I would suggest that we move straight into it. Mr. Min: Okay. Yes, sir. On Sep -- so, then, I need to make an announcement. So on September 22, 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 case of 1000 Brickell, Limited, formally known as 1000 Brickell, Inc., and Kai Properties, Limited, versus City of Miami, case number 14-11755, CA 23, pending in 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 Attornev's request and now will, at approximately 12:05 p.m., 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. At which time, the Special City Commission meeting will resume. The session will he 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 Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; and Division Chief for Land Use Transactions Rafael Suarez -Rivas. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will he made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the Special Commission meeting will be reopened, and the person chairing the Special Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Chair Hardemon: Thank you very much. Meeting in recess while we're in our session. Mr. Min: Thank you, Mr. Chairman. We've concluded the shade session for the Allen Morris lawsuit. We originally had a second shade session scheduled for this afternoon, butt believe the Commission wants to continue it to October 13, so I do need to read something into the record. SP.2 ATTORNEY -CLIENT SESSION 16-01317a 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 City of Miami Page 3 Printed on 11/21/2016 City Commission Meeting Minutes September 29, 2016 THE PENDING LITIGATION 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 MANUFACTURERS ASSOCIATION, CASE NO. 3D15-2824, 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. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 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 LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS, AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY 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. 16-01317a Memo - Office of the City Attorney.pdf 16-01317a Notice to the Public.pdf DEFERRED Note for the Record: Item SP.2 was deferred to the October 13, 2016Regular Commission Meeting. Barnaby Min (Deputy City Attorney): Mr. Chair and members of the City Commission, pursuant to provisions of Section 286.011 Subsection 8, Florida Statutes, the City Attorney is requesting that at the City Commission meeting of October 13, an attorney -client session, closed to the public, he held for the purpose of discussing the 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; 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. This private meeting will begin at approximately 2 p.m., or as soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will he attended by the members of City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifr•edo Willy'Gort, Frank Carollo and Francis Suarez; the Acting City Manager, Fernando Casamayor; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; Division Chief for Land Use and Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri L. McNulty 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 City of Miami Page 4 Printed on 11/21/2016 City Commission Meeting Minutes September 29, 2016 NA.1 16-01427 regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. END OF SPECIAL MEETING NON -AGENDA ITEM(S) DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE OCTOBER 13, 2016 MIAMI CITY COMMISSION MEETING. 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: INTERSTATE PROPERTY HOLDINGS, LLC V. CITY OF MIAMI, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 15-008371 CA 25, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 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, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO AND FRANCIS SUAREZ; THE ACTING CITY MANAGER, FERNANDO CASAMAYOR; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER GREEN AND ASSISTANT CITY ATTORNEY 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. DISCUSSED Barnaby Min (Deputy City Attorney): Mr. Chairman, ifI may, there were two other shade sessions that were announced for October 13. I need to correct them, because Mr. Alfonso would not be present, so I just need to read amended notices. Chair Hardemon: Please. Mr. Min: Mr. Chairman, members of the City Cornrnission, pursuant to provisions of Section 286.011 Subsection 8, Florida Statutes, the City Attorney is requesting at the City Commission meeting of October 13, an attorney -client session, closed to the public, be held for the purpose of discussing the pending litigation in the following case: Interstate Property Holdings, LLC City of Miami Page 5 Printed on 11/21/2016 City Commission Meeting Minutes September 29, 2016 (Limited Liability Company) versus City of Miami, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Case Number 15-008371 CA 25, to which the City is presently a party. The subject of the meeting will he confined to settlement negotiations or strategy discussions. This meeting will be private and will begin at approximately 2 p.m., or as soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will he 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; Acting City Manager Fernando Casamayor; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Chris Green, and Assistant City Attorney Forrest Andrews. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will he made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the regular City Commission will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. NA.2 DISCUSSION ITEM 16-01428 UNDER THE PARAMETERS OF §286.011(8), F.S., A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE OCTOBER 13, 2016 MIAMI CITY COMMISSION MEETING. 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: SECURITIES AND EXCHANGE COMMISSION V. CITY OF MIAMI, FLORIDA AND MICHAEL BOUDREAUX, CASE NO. 13-CV-22600, PENDING IN THE UNITED STATED DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 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 ACTING CITY MANAGER, FERNANDO CASAMAYOR; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; 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. DISCUSSED Barnaby Min (Deputy City Attorney): Finally, Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.011 Subsection 8, Florida Statutes, the City Attorney is requesting at the City Commission meeting of October 13 an attorney -client session, closed to the public, be held for purpose of discussing the pending litigation in the matter of Securities and Exchange Commission versus City of Miami, Florida, and Michael Boudreaux, City of Miami Page 6 Printed on 11/21/2016 City Commission Meeting Minutes September 29, 2016 ADJOURNMENT Case Number 13-CV-22600, pending in the United States District Court for the Southern District of Florida. The subject of the matter will be confined to settlement negotiations and strategy discussions. This private meeting will begin at approximately 2 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, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo Willy'Gort, Frank Carollo and Francis Suarez; the Acting City Manager, Fernando Casamayor; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Alin; Senior Assistant City Attorney Henry Hunnefeld; Division Chief for General Litigation Chris Green; Tom Scott, Esquire, and Scott Cole, Esquire. 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 regular Commission meeting will he reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Chair Hardemon: Thank you. The meeting has come to a conclusion. END OF NON -AGENDA ITEM(S) The meeting adjourned at 12: 46 p.m. City of Miami Pagel Printed on 11/21/2016