HomeMy WebLinkAboutCC 2016-09-29 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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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 Hal -demon
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
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attornev
Todd B. Hannon, City Clerk
Victoria Mendez (City Attorne)): Noir, Commissioner -- Chairman, we have the attorney-client
sessions, but I believe that --
Todd B. Hannon (City Clerk): Can you give me a second? We're going to switch the tape now --
City of Uiami Page 2 Printed on 11/21/2016
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 Attorne)): Noir, Commissioner -- Chairman, we have the attorney-client
sessions, but I believe that --
Todd B. Hannon (City Clerk): Can you give me a second? We're going to switch the tape now --
City of Uiami 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 vou.
Barnaby Min (Deputy City Attorney): Mr. Chairman, there were two shade meetings that were
announced.fbr this afternoon, which is -- I'm sorry -- this morning, which is the basis fir the
second special meeting. Is it the Commission's desire to take a lunch break or to proceed? Illy
understanding f om 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, 2010, 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 part,.
The Citv 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 Attornevs 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 be made public upon the conclusion of the above-cited ongoing litigation. At the
conclusion of the attornev-client session, the Special Commission meeting will be reopened, and
the person chairing the Special Commission meeting will announce the termination of the
attornev-client session. Thank you, Mr. Chairman.
Chair Hardemon: Thankyou very much. Meeting in recess while we're in our session.
Mr. Min: Thankyou, Mr. Chairman. We've concluded the shade session for the Allen Morris
lawsuit. We originally had a second shade session scheduled for this ajiernoon, 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
ON of Miami Page 3 Printed on 1112112016
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 MANUFACTURER'S 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 Octoher 13, 2016 Regular 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
puhlic, 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, hefore 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
Numher 3D15-2824, before the Third District Court ofAppeal; and Village of Key Biscayne
versus City of Miami, Case Number 15-02997 CA 09, hefore 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 Kern Hardemon, Vice Chairman Ken
Russell; Commissioners Wifr•edo 1Willy'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 ahove-cited ongoing litigation. At the conclusion of the attorney-client session, the
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City Commission Meeting Minutes September 29, 2016
regular Commission meeting will be reopened, and the person chairing the Commission meeting
will announce the termination of the attorncy-client session.
END OF SPECIAL MEETING
NA.1 DISCUSSION ITEM
16-01427
NON -AGENDA ITEMS)
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
Barnahy Min (Deputy Citv 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, memhers of the City Commission, pursuant to provisions of Section
286.011 Subsection 8, Florida Statutes, the Citv Attorney is requesting 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 case: Interstate Property Holdings, LLC
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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 strate v discussions. This meeting will be private and will begin at approximately 2 p.in., or
as soon thereafter, as the Cornrnissioners'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
Attornev, Victoria Mendez; Deputy City Attorneys John Greco and Barnahy 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
Attornev 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 ofMiami, Florida, and Michael Boudreaux,
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City Commission
ADJOURNMENT
Meeting Minutes September 29, 2016
Case Number 13 -CV -22600, pending in the United States District Court, for the Southern District
of Florida. The subject of the matter will he 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
he attended by the memhers of the City Commission, which include Chairman Keon Hardemon,
Vice Chairman Ken Russell, Commissioners Wifi-edo Willy'Gort, Frank Carollo and Francis
Suarez; the Acting City Manager, Fernando Casamayor; City Attorney Victoria 1Llendez; Deputy
City Attorneys John Greco and Barnahy Min; Senior Assistant City Attorney Hemy Hunnefeld;
Division Chief for General Litigation Chris Green; Tom Scott, Esquire, and Scott Cole, Esquire.
A certified court reporter will he present to ensure that the session is fully transcrihed, and the
transcript will he made public upon the conclusion of the litigation. At the conclusion of 'the
attornev-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 ITEMS)
The meeting adjourned at 12:46 p.m.
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