HomeMy WebLinkAboutCC 2016-04-28 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, April 28, 2016
9:00 AM
Planning and Zoning
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 April 28, 2016
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM -APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PA- PERSONAL APPEARANCES
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
RE - RESOLUTIONS
AC - ATTORNEY-CLIENT SESSION
BU -BUDGET
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 April 28, 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 28th day of April 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 12:17 p. m., reconvened at 3:05 p. m., recessed at 3: 06 p. m., reconvened at 4:25 p. m.,
recessed at 4: 30 p. m., reconvened at 5:17 p. m., and adjourned at 11: 59 p. m.
Note for the Record.- Commissioner Gort entered the Commission chamber at 9:01 a.m.,
Commissioner Russell entered the Commision chamber at 9:02 a.m., Commissioner Suarez
entered the Commission chamber at 9:10 a.m., and Commisser Carollo entered the Commission
chamber at 9:11 a.m.
ALSO PRESENT:
Victoria Mendez, City Attorney
Daniel J. Alfonso, City Manager
Todd B. Hannon, City Clerk
Chair Hardemon: (INAUDIBLE) April 28, 2016 meeting of the Miami City Commission in these
historic chambers. The member [sic] of the City Commission are Wifredo Gort; Frank Carollo;
Francis Suarez; Ken Russell, the Vice Chairman; and myself, Keon Hardemon, the Chairman.
Also on the dais are Daniel J. Alfonso, 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.
PRESENTATIONS AND PROCLAMATIONS
PRA PRESENTATION
16-00549
Honoree Presenter Protocol Item
Fit Kids Day Mayor Regalado Salute
& Vice Chair
Russell
16-00549 Protocol Item.pdf
PRESENTED
1) Mayor Regalado and Vice Chair Russell saluted and paid tribute to Fit Kids Day, which calls
attention to the problem of childhood obesity and encourages a lifestyle of healthy living through
consistent exercise and proper nutrition. The Fit Kids Day Event gives children the opportunity
to try a variety ofphysical exercises and healthy eating free of charge.
Chair Hardemon: We will now make the presentations and proclamations.
Presentations made.
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City Commission Meeting Minutes April 28, 2016
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE
PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
MAYORAL VETOES
ORDER OF THE DAY
Commissioner Suarez: I'll move the minutes -- the regular meeting minutes of March 11, 2016
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there any unreadiness? Hearing
none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
END OF APPROVING MINUTES
NO MAYORAL VETOES
Chair Hardemon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Okay.
Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the
procedures to be followed during this meeting.
Victoria Mendez (City Attorney): Good morning. 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 the 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. The
material for each item on the agenda is available during business hours at the City Clerk's Oce
and online 24 hours a day at wwwmiamigov.com [sic]. Any person maybe 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 appeal any decision 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 maybe requested at the Oce of Communications or viewed online at
wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in
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 Commission chambers will be barred
from further attending Commission meetings and maybe 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 notify the City Clerk. The lunch recess will
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City Commission Meeting Minutes April 28, 2016
begin at the conclusion of the deliberation of the agenda item being considered at noon. The
meeting will end either at the conclusion of the 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 being
withdrawn, deferred, or substituted. Thank you.
Daniel J. Alfonso (City Manager): Mr. Chair.
Chair Hardemon: Mr. Manager.
Mr. Alfonso: Thank you, Mr. Chairman. The information that I have is that PA.1 and D1.8 are
to be withdrawn; D1. 13 is to be deferred until May 12.
Commissioner Gort: Wait. Are you saying EI or --?
Mr. Alfonso: Yes, Discussion Item 8 --
Commissioner Gort: Oh, Discussion Item 8.
Mr. Alfonso: -- is going to be withdrawn, and Discussion Item 13 will be deferred to May 12;
Personal Appearance Item 1 will also be withdrawn.
Chair Hardemon: Are there any other items that the Commissioners wish to withdrawn or defer?
And I believe there's someone that wants to speak for CA. 7, so I'm going to pull that from the
consent agenda.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. The only thing is I want to, you know, let my
colleagues know and everybody that between 5:30 andpossibly 7 today, I will not be able to be
present at the Commission meeting, but if you could please hold any PZ (Planning & Zoning)
items with District 3, you know, till either after or before, you know, I would appreciate that.
Thank you.
Commissioner Suarez: And I have just one thing. Mr. Chair, if I can pull CA.5? And I'm --
also, at about 6:30, I think I have to be somewhere, so I can come back, but --
Commissioner Carollo: Yeah. I'll be back too, but between 5:30 and 7, maybe 7:30, I will not be
able to be present, but I will be back.
Chair Hardemon: Okay, so CA.5 is also pulled from the consent agenda.
Commissioner Suarez: So, Mr. Chair, if you want, I'll move -- I don't know how you want to go
in terms of the order, but I'll move the regular minutes.
Chair Hardemon: Move the withdrawals, deferrals, and the --
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there arty further discussion?
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Hearing none, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Later...
Mr. Hannon: And then, Chair, for the record, Item BUJ, DLJ, DL2, D1.3, D1.4, DL5, DL6,
DL 9, DL 11, DL 12, DL 14, 15, 16, 17, and 18 will all be deferred to the next meeting.
Chair Hardemon: Meeting adjourned.
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City Commission Meeting Minutes April 28, 2016
CONSENT AGENDA
CA.1
RESOLUTION
16-00384
Department of
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Fire -Rescue
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
ENTITLED: "EMS COUNTY GRANT#C4013 AWARD FOR FISCAL YEAR
2015-2016", IN AN AMOUNT NOT TO EXCEED $32,901.00, CONSISTING OF
A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH,
BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") THROUGH THE
MIAMI-DADE BOARD OF COUNTY COMMISSIONERS FOR THE PROGRAM
ENTITLED "FLORIDA EMS GRANT PROGRAM FOR COUNTIES";
AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT LETTER
OF UNDERSTANDING/AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, AND ANY OTHER NECESSARY RELATED GRANT DOCUMENTS, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT.
16-00384 Summary Form.pdf
16-00384 Legislation.pdf
16-00384 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0201
CA.2
RESOLUTION
16-00390
Department of
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
Procurement
RECEIVED FEBRUARY 4, 2016, PURSUANT TO INVITATION FOR BID NO.
546382, FROM FLAMINGO OIL CORPORATION D/B/A FLAMINGO OIL
COMPANY, GENUINE PARTS COMPANY, AND U.S. ESSENTIAL SUPPLY
AND SERVICES LLC, THE RESPONSIVE AND RESPONSIBLE BIDDERS, TO
PROVIDE AUTOMOTIVE OILS, LUBRICANTS, AND GREASES FOR THE
SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE
GROUP FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH
THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF
FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALAT 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 EXECUTE ANY
AMENDMENTS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE.
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16-00390 Summary Form.pdf
16-00390 Memo - Manager's Approval.pdf
16-00390 Bid Tabulation.pdf
16-00390 Corporate Detail.pdf
16-00390 Bid Responses.pdf
16-00390 Invitation For Bid.pdf
16-00390 Back -Up form Law Dept.pdf
16-00390 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0202
CA.3
RESOLUTION
16-00174
Department of
A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS
Procurement
RECEIVED NOVEMBER 25, 2015, PURSUANT TO INVITATION FOR BID NO.
526381, FROM INTERPRETERS UNLIMITED, INC., PROFESSIONAL
TRANSLATING SERVICES, INC. D/B/A PROTRANSLATING LLC, LINGUA
FRANCA TRANSLATIONS LLC, FOX MEDICAL CASE MANAGEMENT, PC,
D/B/A FOX TRANSLATION SERVICES, LINGUISTICA INTERNATIONAL, INC.,
AND DREAMS INNOVATORS, INC. TO PROVIDE PROFESSIONAL
INTERPRETING AND TRANSLATION SERVICES CITY-WIDE, FORA
CONTRACT PERIOD OF TWO (2) YEARS WITH OPTIONS FOR RENEWAL
FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING
FUNDS FROM THE VARIOUS SOURCES FROM THE USER DEPARTMENT
AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING
ADDITIONAL SUPPLIERS TO THE CONTRACTAS DEEMED IN THE BEST
INTEREST OF THE CITY OF MIAMI AND 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.
16-00174 Summary Form.pdf
16-00174 Memo - Manager's Approval.pdf
16-00174 Bid Tabulation.pdf
16-00174 Award Sheet.pdf
16-00174 Corporate Detail.pdf
16-00174 Bid Responses.pdf
16-00174 Invitation For Bid.pdf
16-00174 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0203
CAA RESOLUTION
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City Commission Meeting Minutes April 28, 2016
16-00395
Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), ACCEPTING THE RECOMMENDATION FORAWARD OF
Revitalization Trust THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("LIBERTY CITY
TRUST"), PURSUANT TO THE REQUEST FOR PROPOSALS FOR THE
DISTRIBUTION OF SMALL BUSINESS CAPITAL INVESTMENT FUNDS
("FUNDS"), APPROVING AWARD OF THESE FUNDS TO SHANTEL'S JAZZ
CAFE, INC. ("SHANTEL'S"); AUTHORIZING THE PRESIDENT OF THE
LIBERTY CITY TRUST TO EXECUTE A SMALL BUSINESS CAPITAL
INVESTMENT LOAN PROGRAM AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SHANTEL'S FOR ATERM OF ONE (1) YEAR, IN
AN AMOUNT NOT TO EXCEED $317,000.00, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF
NEED.
16-00395 Summary Form.pdf
16-00395 Back -Up Documents.pdf
16-00395 Legislation.pdf
16-00395 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0204
CA.5
RESOLUTION
16-00417
Department ofReal
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Estate andAsset
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
Management
PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND
XANADU PROPERTIES 1301, L.L.C. ("SELLER"), FOR THE ACQUISITION
OF THE REAL PROPERTY LOCATED AT 1301 SOUTHWEST 21 ST AVENUE,
MIAMI, FLORIDA, ("PROPERTY"), WITH AN APPROXIMATE TOTAL LOT
AREA OF 8,587 SQUARE FEET, AS LEGALLY DESCRIBED IN THE
AGREEMENT, FOR A TOTAL PURCHASE PRICE OF THREE HUNDRED
THREE THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($303,720.00),
CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM
A LICENSED FLORIDAAPPRAISER STATING THAT THE APPRAISED VALUE
OF THE PROPERTY IS AT A MINIMUM THE REFERENCED AMOUNT
HEREIN; 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 TO EFFECTUATE SAID
ACQUISITION; WITH FUNDS ALLOCATED FROM THE CAPITAL
IMPROVEMENTS AND TRANSPORTATION PROGRAM PROJECT NO.
B50568, DISTRICT 4 PARK LAND ACQUISITION, IN A TOTALAMOUNT NOT
TO EXCEED THREE HUNDRED FIFTEEN THOUSAND DOLLARS
($315,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE
OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE
INSURANCE AND SUCH OTHER RELATED CLOSING COSTS ASSOCIATED
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City Commission Meeting Minutes April 28, 2016
WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE AGREEMENT.
16-00417 Summary Form.pdf
16-00417 Legislation.pdf
16-00417 Exhibit-Agreement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0192
Chair Hardemon: CA.5.
Commissioner Suarez: Thank you, Mr. Chairman. I'll be very brief. I just want to thank the
Administration and move CA.5. It's another purchase of a pocket park for the community. It's
just something that I've tried to do on a regular basis to work within the confines of how
expensive and difficult it is to acquire land and aggregate land for purposes of increasing our
park space. I want to thank Mr. Rotenberg and the City Manager for their cooperation. Thank
you.
Chair Hardemon: Thank you very much. Any further discussion? Hearing none, is there a
motion?
Commissioner Suarez: Yes. I moved it, Mr. Chair.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion?
Commissioner Carollo: Yes, Mr. Chairman, real quick.
Chair Hardemon: You're recognized.
Commissioner Carollo: I just want to make sure, subject to appraisal and fair market value.
Commissioner Suarez: Yeah. That's fine.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
CA.6
RESOLUTION
16-00150
Office of the City
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Attorney
PAYMENT IN THE AMOUNT OF $55,000.00, WITHOUT ADMISSION OF
LIABILITY, IN FULLAND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI ("CITY"), WITHOUT
ADMISSION OF LIABILITY, IN THE CASE OF WENDI META SMALLS V. CITY
OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 12-27324 CA 01, UPON
THE DISMISSAL OF THE CITY WITH PREJUDICE, ADOPTING THE
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City Commission Meeting Minutes April 28, 2016
PARTIES' SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS TO PRESERVE THE CITY'S
RIGHT TO INDEMNITY AGAINST THIRD PARTIES; ALLOCATING
SETTLEMENT FUNDS FROM ACCOUNT NO.
50001.301001.545010.0000.00000.
16-00150 Memo - Office of the City Attorney.pdf
16-00150 Memo - Budget Sign-Off.pdf
16-00150 Legislation.pdf
This Matterwas ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0205
Adopted the Consent Agenda
Motion by Commissioner Suarez, seconded by Commissioner Carollo, 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.7
RESOLUTION
16-00439
0 of the City
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Attorney
PAYMENT, IN THE AMOUNT OF $7,362.50, TO VIVIAN M. REYES, P.A. FOR
ATTORNEY'S FEES AND COSTS RELATING TO MIAMI-DADE COMMISSION
ON ETHICS AND PUBLIC TRUST COMPLAINT NO. C-15-27, CONDITIONED
ON THE REIMBURSEMENT OF $2,000.00 TO ASSISTANT CITY ATTORNEY
ROBIN JONES -JACKSON FOR PAYMENTS PREVIOUSLY MADE;
ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL
(NON -DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000.
16-00439 Memo - Office of the City Attorney.pdf
16-00439 Memo - Budget Sign-Off.pdf
16-00439 Legislation.pdf
16 -00439 -Submittal -Stephen Herbits-Letters, Memos, Reports.pdf
Motion by Commissioner Gort, seconded by Chair Hardemon, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0193
Chair Hardemon: CA.7.
Victoria Mendez (City Attorney): CA.7. This item has to do with the payment of attorney's fees
and costs, in the amount of $7,362.50, to Vivian Reyes, and conditioned upon the reimbursement
of $2, 000 to Robin Jones -Jackson due to legal fees relating to Miami -Dade Commission on
Ethics and public Trust Complaint C-1527, of which Ms. Jones -Jackson was found to have no
probable cause for going further with that case.
Chair Hardemon: All right. I know there was someone that wanted to speak on this item, so I'll
open up the floor for public hearing at this time to allow that person to speak. Mr. City Clerk.
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Todd B. Hannon (City Clerk): Yes. Anyone desiring to speak on CA. 7, please come to the
podium.
Sam Dubin: Thank, Mr. Chairman. My name is Sam Dubin. I'm an attorney. I represent Steven
Herbits, Roger Craver, Sharon Kirby Wynn. I'm asking the Clerk to introduce into the record a
correspondence that Mr. Herbits delivered to his office yesterday and have that be entered as
part of the proceedings of this Commission meeting.
Chair Hardemon: Can you explain to me who -- the individual that you represent, what relation
to this matter they have?
Mr. Dubin: They are residents who oppose the Flagstone development on Watson Island that
appeared before the Commission on May 8, raising the question of whether or not the
Commission's approval of the lease for less than fair market value violated the City Charter; and
the Assistant City Attorney, representing the City Attorney's Office at the time, advised the
Commission that notwithstanding a possible Charter violation, the City had a good faith
obligation to approve the project, no matter what, and a iio$ote would put the City in breach,
potentially costing the City $58 million.
Chair Hardemon: Okay.
Mr. Dubin: They contend, and I believe that there's a strong record that shows that the City
Attorney's Office did not give the City Commission all the material information that was required
at the time and gave incorrect information as well, which is a violation of the Miami -Dade
County Charter Truth in Government provision, which requires City officials to give truthful
information to the public and not to withhold significant information. So the issue is whether or
not at the time the City Commission had the material information it needed to properly decide
whether or not it was violating the City Charter when it affirmatively approved the Flagstone
project. Now, that issue has been raised with the Miami -Dade Commission on Ethics and Public
Trust. There was a finding of no probable cause by the Commission. However -- and this is
what's been introduced in the record -- there is a very serious motion for reconsideration of that,
because the Commission on Ethics and Public Trust staff did not have all the information it
needed and that was material to its evaluation of the complaint over whether or not the City
Commission had properly received all the information that was required; and whether the
Assistant City Attorney had knowingly provided false information and knowingly withheld
material information from the Commission. So Mr. Herbits, Mr. Craver, Ms. Wynn have asked
this Commission to review the motion for reconsideration, which is 30 pages long, with 33
exhibits meticulously documenting the failures of the Commission to properly investigate and to
properly evaluate the original allegations, because the information that was given to the
Commission at the time it approved the Watson Island project was materially incorrect.
Chair Hardemon: Thank you.
Mr. Dubin: And I can go into more detail about that, if you'd like, but it's well-documented in
the materials.
Chair Hardemon: It's not necessary for you to go into details about the motion. I believe that
the Commission on Ethics will properly handle that motion. My questions is for the City
Attorney. Typically, when you have a matter that is before, for instance, a body like the Ethics
Commission and it is dissolved or resolved --
Ms. Mendez: In this case, it was dismissed.
Chair Hardemon: Correct. So if there are expenditures that are incurred on behalf of, say, a
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City Commission Meeting Minutes April 28, 2016
public official to defend themselves and those types of things are dismissed, does the City
Commission then -- must it approve for the renumeration [sick for those affairs?
Ms. Mendez: In this case, the Ethics Commission reviewed what was submitted by the
complainants, and they found that there was insufficient evidence to sustain any allegations
against Ms. Jones -Jackson, and the case was dismissed, and properly so. In this case, she has
incurred -- because of her job as an Assistant City Attorney, has incurred substantial fees with
regard to her defense, and she should be compensated for that, since it was a finding of no
probable cause, and it was dismissed. If the Ethics Commission were to review any further
charges, which I highly doubt, not the second -bite -at -the -apple situation -- I don't know why all
of this information that you say is new was not provided before, but with that, this case is closed.
If there is a new case that is alleged, so be it, but this case that we're appearing before you is
closed.
Chair Hardemon: And I just want to clam for the board members when it -- I'm sure some may
know better than others, having been here for a very long time to see how the center -- well, the
Commission on Ethics works, but when you're filing a case or a complaint against someone and
the finder -- well, you have to first determine whether or not there's probable cause, and that
probable cause then brings -- after you determine probable cause, you'll have an opportunity to
defend yourself in court, if you are taken to trial. So at this point, you're saying there was not
enough evidence to even take that person to some sort of trial?
Ms. Mendez: Correct. There was not enough evidence to sustain any of the allegations, so the
case was dismissed.
Chair Hardemon: Okay. So with the case being dismissed, another case can be filed, but this
case could not be reopened.
Ms. Mendez: I --
Chair Hardemon: This is a dismissed case.
Ms. Mendez: This case, as it stands, is dismissed. I do not see how it could be reopened. Maybe
anew case could be started, but --
Chair Hardemon: Are there any procedures that you've noted within the center on --
Commission on Ethics where you can appeal a dismissed case?
Ms. Mendez: I've never seen that provision, but --
Chair Hardemon: So at this point then, the Commission's just being asked to reimburse Ms.
Robin Jones -Jackson for the expenses she incurred with the case that was dismissed?
Ms. Mendez: Correct.
Chair Hardemon: If she's alleged to have committed another infraction, that would bring a
different case that she would have to expend the funds for; is that correct?
Ms. Mendez: Yes.
Chair Hardemon: Even if they fall from the same facts as this case?
Ms. Mendez: That is my understanding. It would have to be a different case. However, with
regard to this case, I mean, it was investigated thoroughly, and she was doing her job; and at the
end of the day, nothing was found to have been incorrect in what she did, representing the City of
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Miami.
Chair Hardemon: Mr. City Clerk, is there any other person that wanted to speak on this item,
besides the attorney?
Mr. Hannon: I have one additional person signed up to speak, Mr. Steven Herbits.
Mr. Dubin: Mr. Chairman, would it be okay if I addressed a couple of the points to answer some
of the questions that the Chairman asked? Because I do believe they -- there's a variance from
what the City Attorney answered and the actual situation.
Chair Hardemon: I'll give you an opportunity.
Mr. Dubin: Thank you.
Chair Hardemon: But I want you to understand this, that what this is --
Commissioner Gort: Has nothing to do (UNINTELLIGIBLE) today.
Chair Hardemon: --doesn't negate what your claim is. What we're doing today is reimbursing
an employee who incurred expenses defending herself before the Commission on Ethics; that's
what we're doing today. So it has nothing to do with the merits of your motion; it is all to do
with whether or not this person gets reimbursed. And if you choose to file another claim, which
I'm sure you will, because you have the appeal, you -- she'll have an opportunity to defend
herself once again.
Mr. Dubin: Understood. This is not an appeal. It's a motion for reconsideration, which is
perfectly within the procedures and rules of the Ethics Commission. I spoke with Mr. Centorino
this week, you know, letting him know what was coming, and he acknowledged this was an
appropriate request by a complainant. The City Attorney also said that the -- there was a finding
that the allegations were insufficient. That's not what happened. The allegations were sujjicient.
The findings were that there wasn't enough facts to provide probable cause, but the statement
that the complainant did not provide sufficient information is not correct, because if you read the
report of the Ethics Commission -- and this is well-documented in the materials you've been
provided and that are in the record -- the City -- Assistant City Attorney's defense, and the reason
she says she told the Commission that a hoTote would constitute a breach of contract was that
the City had a good -faith obligation to vote to approve it at the time. However, what she
withheld was the information that the contract had been breached by the developer. Now, what
she told the Ethics Commission was that notwithstanding the breach, the developer was in the
process of curing the breach and that that meant the City had a good faith obligation, but as
you'll see in the materials that Mr. Herbits and Ms. Wynn and Mr. Craver provided you, it was --
there was no right to cure, and the developer was not in the process of curing, and that's --
Chair Hardemon: All right, so --
Mr. Dubin: -- crystal clear from an abundant amount of information. That is what's being
presented to the Ethics Commission.
Chair Hardemon: But once again, you're going into the details of the allegation, which we're
not here to decide today. We're here about a monetary decision about whether or not reimburse
-- we reimburse an employee, so I just want to make that clear. Yes, sir.
Stephen Herbits: The first point I'd make is that --
Chair Hardemon: Can you state your name and address for the record?
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Mr. Herbits: Stephen Herbits, 246101st Street. I— the first point I wanted to make is that if a
charge against the City Attorney is brought before the Ethics Commission, shouldn't the
Commission, before the money is spent, be asked to spend the money and explain why they have
to defend that? To come in after the fact for $7, 000, because one assumes that the City Attorney
staff is 100 percent correct, is a procedural problem. Now, whether you pay her because she's
done this work outside or not, I don't particularly care. What I care about is a process where
automatically, she gets defense, paid for by the taxpayer, outside to defend something which now
the record is replete, all 400 pages of which the Clerk has for you to show that there were
repeated mistakes, not just to the Commission in May 8, 2014, but the same mistakes were
misstatements and factual errors and omissions were made to the Commission on Ethics as well,
and that's why the investigative report and the advocate's report are challenged by us to the
Commission, because she repeated the same mistakes. So we have a very serious problem. This
is a unique case. This isn't a case between the Dream Team fighting with a developer about a
particular point. This is a case where an Assistant City Attorney sat and made statements to this
Commission that were untrue, that were misleading, and omitted critical documents. That is
something that this Commission has to look at, separate from the Ethics Commission. The Ethics
Commission, all they could do is slap her wrist and say, Please don't do it again. "But the
Commission has a very serious problem if it doesn't challenge this, based on a record which is
credible. So that's the reason that we're raising this issue on CA.7. She should have come first.
She should have said, F believe it, 7?ut her name on it, and then a decision of the Commission to,
Well, let's see. Is there areal issue here or not? "Fine. But that is not --none of that has
happened in the last six months. The reason I suggest that we hold this now is to bring this issue
back before the Commission in one form or another -- a discussion agenda, in a resolution, or
with the item to pay -- some vehicle so that you can hear the story about the behavior of your
City Attorney towards you.
Chair Hardemon: Thank you very much, sir. Is there any --
Ms. Mendez: Excuse me, Mr. Chairman.
Chair Hardemon: You're recognized.
Ms. Mendez: Just briefly. Are you Mr. Herbits?
Mr. Herbits: I am Mr. Herbits.
Ms. Mendez: Oh. Well, it's a pleasure to meet you. I would like to say that in this situation, the
City has not paid out anything. We're coming to you to ask you to pay for the bills that she has
paid. She has paid 2, 000 of the 7, 000. We did not do as Mr. Herbits is alleging, that we come
after the fact and assume that you would pay for those types of bills, so that -- everything that
he's just said for the past five minutes is incorrect. And also, we would have to say that Mr.
Herbits is a disgruntled litigant who has lost three cases against the City, and two which we
prevailed below are on appeal, for a total of five. So at the end of the day, this is -- all this is is a
personal vendetta against the City Attorney's office, and he is coming here to malign a perfectly
sweet attorney that gives her heart and soul to this office. And unfortunately, all this is is a
personal vendetta, because he's been smacked around in court.
Chair Hardemon: Thank you very much.
Mr. Herbits: Now that she's addressed me by name --
Chair Hardemon: Sir, it's not your time. You're recognized, sir.
Commissioner Suarez: No, I -- you know, my perspective on this -- I've been sort of a stickler on
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this issue. I remember when former Commissioner Michelle Spence -Jones came back, and she
hada similar request, and I got into hot water with her, because I asked fora two-week deferral
to see what the law was on these issues, and, you know, later on, obviously, she -- her and I had
a fantastic relationship, but initially, it was rocky. It was a rocky road, because I asked for a
little bit more time to find out what our obligations were. I guess my question is this and -- to the
City Attorney, my question is -- I think what you're saying is that was she taking the risk initially
when she hired this outside attorney that she would be potentially obligated to pay the entire
amount? Because the one thing do sort ofsee in terms of Mr. Herbits'perspective is that when
we hire outside counsel, we get sort ofpermission before the fact that we are going to hire
outside counsel, which will create a bill that we will ultimately at some point have to pay, and
that is certainly a better practice than running up a bill and then coming back to the City
Commission and saying, "Hey, you know, we were successful in the merits of this. Would you be
willing to " -- "or you should pay for this bill. "And so, you know, I'm a little bit unclear on that
issue, because I think -- you know, I remember, we had-- Commissioner Gort and I were
challenged once, and we were represented. It was a -- you know, a firm that represented us pro
Bono. They went to one hearing, and they were successful in that -- in representing us, but it
didn't cost the City any money, and I think we even authorized that representation, if I'm not
mistaken, but -- so I just -- that's my question, because from a procedural perspective and from a
process perspective, I do have a concern that if we're going to get into a situation where it's
going to cost the taxpayers money, I think we should be as -- you know, we should be dealing
with that issue on the front end and understanding -- you know, you've been tough on negotiating
fees with outside counsels and -- you know, that -- you -- as you -- as well you should, because,
you know, our first SEC (Securities and Exchange Commission) case, if I'm not mistaken, the
hourly rate was like $600 an hour, and the renegotiated hourly rate was somewhere in the 300s,
which is 50 percent, so I mean, that's a huge savings for the taxpayers of the City of Miami on a
case that's cost us couple of million dollars to defend. So, you know, I do see the wisdom in
coming to this Commission on the front end rather than on the back end.
Ms. Mendez: And with regard to that, Commissioner, unfortunately or fortunately, obviously, for
the person that is going through this, these types of cases are confidential. In the Ethics
Commission proceedings, usually the only person that knows is the complainant and the person
that's going through the process. So coming to you beforehand with the request to hire outside
counsel would have alerted an investigation that was not public at the time. With that said, no
monies have been expended. If this Commission chooses not to --
Commissioner Suarez: I understand.
Ms. Mendez: --pay this amount, it's your prerogative.
Chair Hardemon: Wait, but before you go -- move forward, as I understood, Florida law -- I'm
reading a memorandum of law. Florida law provides that a city has no discretion to deny
reimbursements offees to a --
Commissioner Suarez: Right.
Chair Hardemon: --public official in defending either civil or criminal matters or proceedings
where the conduct complained of arises out of or in connection with the performance of his
official duties and that the obligation arises independent ofstatute, ordinance, or charter.
Ms. Mendez: You're correct, but because we did not -- and it was a choice of privacy, the little
privacy that you have in government, you could say, because we did not come on the front end,
you could choose not to.
Commissioner Suarez: And Mr. Chair.
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Chair Hardemon: But I'm trying to understand, but reimbursements is not on the front end. A
reimbursement is an after -the fact thing.
Ms. Mendez: Right, but as Commissioner Suarez is saying, I did not come to you before hiring
Ms. Reyes at a reduced rate. I did not come to you and ask you for permission to hire that
person to defend Ms. Jones -Jackson.
Chair Hardemon: So are the rates supposed to be reduced or reasonable?
Ms. Mendez: They're supposed to be reasonable.
Chair Hardemon: Do we know what the rate is today?
Ms. Mendez: But Ms. Reyes --I'm sorry?
Chair Hardemon: Do we know what the rate is here? Seven thousand dollars for a lawyer's fee
doesn't sound outrageous to me.
Ms. Mendez: No, it's very inexpensive.
Chair Hardemon: It's -- right. I will use that word, if not more so than "reasonable. "
Ms. Mendez: Yes, but, one, Ms. Reyes was able to obviously work within our budgets that's
normally asked of outside counsel; and also, she was able to work out a plan with Ms.
Jones -Jackson that would allow for the payment of these fees; but again, we're coming to you
after to prospectively pay her. Obviously, nothing has been paid out with City monies, unless --
Chair Hardemon: No. My issue with this is that I just can't imagine -- imagine this: I'm the City
Mayor for Blue Crest Hills, and I get accused of violating the -- some sort of -- let's say, the right
for the public to be heard, right? One of these good people here files a complaint to the Center
[sic] on Ethics, and say the Commission doesn't like whoever that person is. Say I'm the -- that
doesn't like me as the Mayor, and the Commission says, "Well, he's in hot fire " -- "he's in hot
water. We don't want to vote right now to have someone defend him. We're not going to provide
him an attorney. " Now, the law, the statutes, the precedence says that you have to give me some
sort of defense, so I -- so how -- I'm trying to understand -- how does the Commission get
involved with the facts? Because there's going to be an allegation that's going to be like this,
that's going to be troubling. There's going to be an allegation that might be more light-hearted,
but all of them are allegations, nonetheless, and all of them arise out of our duties. There may be
an allegation of violation of sunshine rights -- sunshine laws against one of us, right? So do we
decide, "Oh, no, sunshine laws. We're not going to allow someone to " -- {we're not going to
allow the expenses of the public to defend a Commissioner or a Mayor in his job duties because
it's a sunshine law violation. " So I'm trying to understand where we are, because the way that I
see it is that you take someone -- you allege a crime or a wrongdoing, civil or criminal; that
person defends them se f it clears their name, it clears their name in their -- in what they were
doing with their official job duties, and then we question on whether or not, as a Commission, we
reimburse them for those fees?
Ms. Mendez: You have very valid points. That's why when there have been issues with the Ethics
Commission, I have gone to represent anyone that has needed -- when we know that it would not
be --
Chair Hardemon: Would that have been a conflict of interest for you to represent --
Ms. Mendez: Right.
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Chair Hardemon: --in this instance?
Ms. Mendez: That's why I could not do it for Robin Jones -Jackson, because she works for me;
and based on the allegations of the complainant, obviously, it would have been self-serving to
whatever we would have defended Ms. Jones -Jackson of, so we had to have that wall, first of all.
But whenever possible, and whenever it's clear that nothing is -- would be a conflict with the City
or anything with regard to that, I have helped our employees or elected officials in any situation
with that. Also, the other point that you make -- arguably, the City Attorney's Office can hire
outside counsel without necessarily coming to the Commission, but because this Commission is
very, very interested in our day-to-day, you know, defense and everything that we do, having two
lawyers now, in the past having more lawyers, it's obviously always been a situation -- and two
accountants that are always looking at numbers -- I always bring these type of things to you
before we hire attorneys, and it's a very transparent process. Unfortunately, because this is -- the
first part of it is confidential, that had the little wrinkle to this and --
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Yeah. No, I -- and, look, I think the two-week time that I took at that time
-- I agree with your recitation of Florida law as you just articulated it. I think -- and I think the
City Attorney obviously understands that, you know, whenever we --you choose outside counsel,
it can have a large ramification, you know, such as in the SEC case, you know, where we've
spent a couple million dollars defending that action, so I think it's in -- it's prudent, you know, in
most cases, to come before the Commission and say, Look, you know, we're going to go outside
for X ' 'Y,' and 'Z' reason. " This may be an exception, because as she said, it's a -- very little
moments where you do have privacy in terms of something that's happening, and, you know, it's
an allegation, and it has to go through its due process. So, you know, I don't have any issues
with the amount of money. I think you're right. I think, you know, the amount is not something
exorbitant or anything like that. I just think, generally speaking, it's a good practice to come
before the Commission prior to hiring outside counsel so that we have a sense for what our
obligation is going to be, rather than the other way around where we get presented with a bill
that's after the fact, so said my piece.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: If I'm reading between the lines, though, this probably wouldn't have been
brought to us, this bill, had she lost the Ethics complaint.
Commissioner Suarez: I think that's correct.
Vice Chair Russell: So we're actually looking to take care of her bills because she was
vindicated by the Ethics Commission; is that correct?
Ms. Mendez: Based on Florida law, when you're innocent of something while you're in the
course and scope of your job, that can -- the fees can be paid.
Vice Chair Russell: So in that case, we're obligated to approve this, is what you're saying?
Ms. Mendez: In --yes.
Commissioner Suarez: And may I just jump in one second? There have been people that have
sued based on that State statute and been compensated based on those lawsuits as well, if I'm not
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mistaken, because that's what I researched back then.
Vice Chair Russell: Understood.
Commissioner Suarez: Right.
Ms. Mendez: Right.
Vice Chair Russell: But if --
Ms. Mendez: Now, the only issue is because, obviously, based on the circumstances, I did not
bring it to you before, so that's where it's a little different than --
Vice Chair Russell: But at the heart of this and why Mr. Herbits and Mr. Dubin have come
before us today is they feel that the Ethics Commission was wrong, and I wasn't here at that time
for that decision. I believe all of the rest of the board -- the Chair was not here as well, either, at
that time. The decision that was made on that day was based on the information that was given
to us by that City Attorney; and if that information was incorrect, misleading or not complete, it
would have changed the decision of the Commission, which would have had big impact on that
development and the future of Watson Island as a whole, so the stakes are very high here. Is our
Ethics Commission infallible? Did they look at everything? I don't know, but it's enough for
them to come back and bring this to us. It's not for us to retry the situation, I think, but I've
received the documents as well. I'm going to go back and look at the tape just for my own
understanding. But if we're covering the bill, and we're standing behind the Ethics Commission's
decision, I'm assuming that you, as the City Attorney, feel that the information she gave us on
that day as a Commission was correct, complete, and full, and that we all -- that the Commission
at that time made a decision with full information available to them.
Chair Hardemon: Well, I don't know that --well, first, I will say this: When you use the word
'full, " that's a very loaded term to use, so -- because anything can be removed from -- if
anything is not told -- right? -- you don't need necessarily full'info -- okay, when you receive a
budget --
Vice Chair Russell: Yeah.
Chair Hardemon: -- right? -- we get a budget that is -- I mean --
Vice Chair Russell: Okay, I withdraw the word `full. " How 'bout "relevant?"
Commissioner Carollo: 507 pages --
Vice Chair Russell: "Relevant. " So --
Commissioner Carollo: -- not including capital.
Vice Chair Russell: That you feel that we received the (UNINTELLIGIBLE) --the Commission at
the time received the relevant and information to make the decision on that day? And ifso, I
guess I don't understand quite the distinction. I understand the privacy, but there was -- she
gave the information on the day; we made the decision; the Ethics complaint was filed. It -- I
guess I don't understand for maybe the legal distinction of when we, as a city, defend someone
acting on behalf of the City, and when we leave them on their own to defend it on their own. And
if they win, we help them. If they don't, we leave them.
Chair Hardemon: I would think that the City has an obligation to defend someone if they're
accused of a crime and -- or a mis -- a wrongdoing. So, for instance, if I get alleged to have --
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and, for instance, that -- I mean -- so, if I get alleged to have committed a violation that, let's say,
for instance, a sunshine law violation by this gentleman before me, and it goes before the Center
[sic] on Ethics, I don't expect to have to pay to defend myself. The City --because I'm --should
defend me, because I'm working in my official capacity. Commissioner Gort and City Attorney,
how do you feel about it?
Commissioner Gort: Well, mainly, I think we had several cases like this with the --we don't get
to select the attorney, because the people defending is in behalf of the City of Miami, and so it's
for the benefit of the City. They allowed to get their own attorney, and we cannot set the amount
or anything like that, and that has taken place in the past. That's my understanding. So I --
Ms. Mendez: We're able --the best case is with police officers; and when there is something that
looks like if it could be a conflict, because there's two or three police officers in a case, we get
outside counsel for the police officers. We come before you, and we represent one aspect of the
case; outside counsel represents the other in order to not have any type of conflict that can mess
with anyone's defenses, and that -- if she were not our employee in this same situation, we would
have been able to defend her without any cost, because there wouldn't have been a conflict,
based on the allegations that are in this particular matter. So what happens is that in -- if
someone does something that is grossly negligent, completely reckless, totally outside of any
defense that the City could provide, that is when someone may have to defend themselves,
separate and apart from the City, based on the defenses that the City may take, but that is not
what we're here in. But to answer your question with regard to Ms. Jones -Jackson and her
information, you are all briefed beforehand, and you're given information on the record, and
based on information in its totality is how you make your decisions and you weigh your
decisions. If anyone knows Ms. Jones -Jackson, she gives you too much information, so much so
that sometimes you ask her to stop talking because you got it, and she is that type of diligent
individual, and obviously, she knows what she says with the elected officials; what she's
supposed to do. She's a very good attorney, and I feel that she gave you the information that was
needed at the time to make a decision.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: So that brings up something that I think is very important, and that resolving
this could actually help avoid situations like this in the future, and what is discussed in our
briefing before we come to Commission with staff, with our counsel, doesn't necessarily all get
reiterated here on a public basis on the dais; and if we're making decisions based on what was
told to us in the briefing, are we obligated to rehash that up here for the public's benefit to
understand? If not, which I don't believe we are obligated to do so by any law, is it reasonable
to expect that someone in the public would feel we made a decision up here without all of the
facts, even though we may have done our own investigation on the side or studied the facts on
our own or received the correct information in that briefing? And does that gap already create a
mistrust with the public that could and should be rectified? Because, yeah, the initial briefings,
we're able to speak more freely, we're not under public scrutiny, but then when we bring it here,
you know, we're in a quasi judicial proceeding where the public expects to hear all the facts on
which we are to make our decision, and in this particular case, they felt we made the decision
with either incomplete or incorrect facts.
Ms. Mendez: Usually, there are -- most often than not, you're not in a quasi-judicial situation. It
could be a legislative decision, a decision just to make a --
Vice Chair Russell: This particular case was a Planning & Zoning issue or --?
Ms. Mendez: No.
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Vice Chair Russell: It was not.
Ms. Mendez: It was just a contract issue, and so those -- I mean, there's always litigation. When
there's litigation is the times that I ask, you know, the Commission to say the least about
something just because anything that you say later can be used against you; you could be
subpoenaed,- you can be --for certain information, or it just relays certain strategies and -- that
should usually not be discussed. But with that, most everything that's necessary when you have a
question or a comment or concerns, those things can be aired, if necessary. We have a very open
forum. The same way that Mr. Herbits and Mr. Dubin [sic] are here today expressing their
concerns, that was done. And I know that Mr. Dubin [sic] has gone to Tallahassee to express
his concerns, has gone to every hearing to express his concerns, so there is always a very --
what's great about this Commission is that they give everybody the opportunity to speak; they
give everybody the opportunity to object; they are very fair and have always been very fair in the
time that I've been able to work with them. So all the information that was necessary was given;
whatever question were needed, I think were asked, and here we are.
Chair Hardemon: You're recognized.
Commissioner Gort: I can assure you, this Commission, we give out a lot of information, and we
discuss quite a bit, and we debate among our self quite a bit. We not always agree, but we
discuss the items, and I'm sure we keep the people informed. And, yes, we do. We -- I know we
do. I read these books. I listen to it, and I don't have any problem with the votes that I have
done.
Chair Hardemon: Commissioner Gort, I --
Commissioner Gort: Now, by the way, it's so important -- the issue in front of us today is
whether vote for this or vote against this.
Chair Hardemon: This is what the public will have to read to ensure they knew every detail
about every single transaction that we make here on the dais, and this is what we will have to
recite, and it's just not possible, you know. What's before this Commission is a legislative item.
We create a resolution or apiece of legislation or some sort of ordinance. That's the bit of
information that gives the most information that you can in a document to signify what it is that
we're doing, but then we provide the backup for it, and everyone has the ability to read it. This is
not an easy thing to do, and I think that every single Commissioner takes his job very seriously
when we make our decision based off the information that we read here, that we speak with the
Administration, our City Attorney's Office, and that we do our own investigation with when we
go out to the different sites and such. So, I mean, we appreciate all of the discussion that we
generate here on the dais, because it sometimes turns our decision left or right. However, much
of the information that we learn about these things are not from just what someone tells us, but
what we actually read in these documents. And so, if there is a motion to approve this item, I
would like to hear it now.
Commissioner Gort: There was a motion?
Chair Hardemon: No.
Commissioner Suarez: No. He's asking you if there's a motion.
Chair Hardemon: (UNINTELLIGIBLE) motion. I'm asking for it.
Commissioner Suarez: He's asking for a motion.
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Commissioner Gort: Move it.
Chair Hardemon: Right now we're just spinning our wheels.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved. Is there a second? Chair seconds. Any further
discussion on this? Any further discussion?
Commissioner Suarez: Call it.
Chair Hardemon: Seeing none, all in favor, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
END OF CONSENT AGENDA
Commissioner Suarez: Mr. Chair, I'll move the consent agenda item, save the two items that
you've pulled.
Chair Hardemon: Okay. Is there a second?
Commissioner Gort: Second.
Commissioner Carollo: Second. Just to confirm, which two items are we pulling?
Commissioner Suarez: CA.S and CA.7.
Commissioner Carollo: Okay.
Chair Hardemon: Is there any further discussion on these items? Seeing none, all in favor, say
aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Vice Chair Russell: I'm sorry. Oh, other than the ones being pulled.
Chair Hardemon: Yes.
Vice Chair Russell: I'm sorry. Thank you.
PERSONALAPPEARANCES
PA.1 PRESENTATION
16-00129
District 4- PERSONAL APPEARANCE BY CITY OF CORAL GABLES COMMISSIONER
Commissioner VINCE LAGO REGARDING CONNECTION OF THE CORAL GABLES
Francis Suarez TROLLEY LINE WITH THE CITY OF MIAMI COCONUT GROVE AND LITTLE
HAVANA TROLLEY LINES.
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16-00129 E -Mail - Personal Appearance.pdf
16-00129 - Miami Trolley Routes.pdf
16-00129 - Coral Gables Trolley Route.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
WITHDRAWN PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
PA.2 PRESENTATION
16-00453
District 2 - PERSONAL APPEARANCE BY ART NORIEGA OF THE MIAMI PARKI NG
Commissioner Ken AUTHORITY AND NICK KATZ OF SKATE FREE INC. TO DISCUSS LOT 11
Russell SKATE PARK.
16-00453 E -Mail - Discussion Item.pdf
16 -00453 -Submittal -Art Noriega -Lot 11 Skate Plaza Project Overview.pdf
PRESENTED
Vice Chair Russell: We also have -- PA.2, has arrived, which is Art Noriega and all of the --
Chair Hardemon: Okay. Mr. Noriega, is he here?
Commissioner Gort: Yes.
Chair Hardemon: Let's deal with PA --
Commissioner Gort: He was informed in the afternoon.
Art Noriega: Good afternoon, everybody. My name's Art Noriega, with Miami Parking
Authority. Want to first thank, as respect to this item, Commissioner Russell for kind of
encouraging us, in particular this group, and this special project that's sort of become very close
to my heart in terms of the process. We've endured a great deal of, I think, sweat equity into this
project, in this plan. It's been a vision that was really initiated almost two years ago. That's how
long it's taken. Took us almost 15 months of work with the Florida Department of
Transportation to get their approvals, all the way up to the Federal level. But Skate Free was a
vision of a couple of very industrious young men who really kind of came to me as a -- as sort of
a thought on really trying to create a venue for skaters in downtown somewhere. We managed to
look at a lot of different options, and ultimately came up with this one, which is -- really
converted a lot we had downtown under I-95; for now, temporarily, but there's a long-term plan
and a long-term vision. A lot of great young men that are sort of sitting behind me here, in this
sort of section here. And if you'd been there this past Saturday to see sort of the -- we'll call it a
"soft opening" ofphase one -- you would have all been really impressed by the turnout, the
organization, and all of it really almost organic at this point, so I got to give them a lot of credit.
I'm going to turn the floor over to Nick Katz with Skate Free, and he's going to do sort of a
full-blown presentation. I'll be around if there are any questions. But we really wanted this
opportunity to sort ofpresent the idea, because we think that for us, this plan, this park has the
potential to not only be a -- sort of a game -changer for a lot of our young people in downtown,
but also has the potential -- this seed can spread throughout the City, we think, and so we sort of
look at this assort of not just phase one of the park, but phase one of an overall plan to create
venues like this throughout the City of Miami. So Nick, without further ado.
Nick Katz: Thank you. Good evening, Commissioners. My name is Nick Katz. I represent Skate
Free. We're a nonprofit organization. Our address is 1035 North Miami Avenue. Thank you for
having me tonight. And Commissioner Chair, congratulations on your wedding.
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Commissioner Gort: Oh.
Mr. Katz: As many of you guys know, I've been working on this project for over four years to
bring a skate plaza to the City of Mi am i. It's been a long road, a road that many of you guys
have been instrumental in paving forme. Thank you for that. I really appreciate it. I'm happy
to say that we have over 35 skaters and parents in the audience tonight that have come to
support skate parks in the City of Miami. Skate Free has secured a lease with the FDOT
(Florida Department of Transportation) and MPA (Miami Parking Authority) at Lot 11 under the
95 overpass for the dedicated site of Miami's first skate plaza, a park that will put Miami on the
map. Lot 11 will serve as a model for FDOT to turn under-utilized spaces into park and parking
lots into useful recreational areas across the State of Florida. In 2014, we were the winners of
the Miami Foundation's Open Space Challenge, and we got an award for that, this exact project.
I would like to show you why. The video is up behind you guys, if you'd like to watch.
Chair Hardemon: It's in front of us also.
Commissioner Gort: We have it.
Chair Hardemon: Just make sure you point the mike towards the microphone on the computer.
Mr. Katz: Yeah, yeah.
Note for the Record: An audio -video presentation was had at this time.
Mr. Katz: Thank you, guys, for watching that. I appreciate it. We need your help to make this
dream a reality for the kids and parents of the City of Miami. Skate Free has been able to raise
$250,000 in contributions towards this project. This would not be possible without support, and
I'm pleased and gracious to announce support from my biggest fans : My family. My family has
agreed to match any contribution up to $600, 000 for this project, dollar for dollar. I am
humbled by this, but I'm even more humbled by the skate community that's turned out here today
to support me. With the commitment from this community and a partnership with the City of
Miami, Skate Free can and will reach their goal to not only bring a world-class skate park to a
world-class city, but also give peace of mind to moms, some of who are in the audience today
that want for their kids exactly what my mother wants for me: the opportunity to pursue their
dreams safely, positively, and freely. Again, I want to thank you for your time and support. And
I want to ask you if a few members from the skate community could come up tonight and speak?
Chair Hardemon: Mr. Katz, we have a very long program -- or meeting today, and in lieu of
time -- because I know you don't have any opposition here on this dais -- I wouldn't imagine
anyone would be against having a skate park. I think with the presentation which you presented,
let us do our action and pass this for you. Is that fair?
Vice Chair Russell: I just don't want to miss out on anything specific that Mr. Katz feels would
be relevantly different than what we saw on the video, if there's anything --
Mr. Katz: Well, I think that the --
Vice Chair Russell: I don't (UNINTELLIGIBLE) came.
Mr. Katz: -- the testimony of the people in the audience is definitely pertinent to, you know, the
project that I'm trying to bring forward here.
Chair Hardemon: No. What I'm saying to you -- what I'm trying to communicate to you is this.
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Mr. Katz: Yes.
Chair Hardemon: That all it takes is a motion, a second, and --
Commissioner Suarez: I move it.
Chair Hardemon: -- it's going to pass.
Commissioner Suarez: I move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Gort: You're ahead of the game.
Chair Hardemon: It's been seconded by Commissioner Gort.
Barnaby Min (Deputy City Attorney): I'm sorry. Mr. Chairman, this is a personal appearance,
so (UNINTELLIGIBLE) --
Vice Chair Russell: Is there a motion on the floor?
Commissioner Suarez: I'll convey -- I will articulate the motion. So the motion is for the City of
Miami to work with this group to convert this into a skate park and to take all available
resources necessary to match or exceed the matching commitment that his family has so
generously given us so that we can have a skate park online for the children of our community
that so desperately need it. That's my motion.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved. There's a motion. There's a second.
Vice Chair Russell: I'd like to second it.
Chair Hardemon: The second will be noted by the Vice Chairman. Was there a monetary ask in
this situation?
Daniel J. Alfonso (City Manager): I heard $600, 000.
Chair Hardemon: No, I heard the $600, 000 match, but that can apply, for instance, to the --
Mr. Alfonso: I think the --
Chair Hardemon: -- money that they have already --
Mr. Alfonso: I spoke to Mr. Katz. He told me that the total cost of the project is about 1.45
million; that he has $600,000 of a match from his family; that he has another 250,000 of other
commitments, so that what he's looking for is about $600, 000.
Commissioner Suarez: So we'll do the difference is my motion.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Question: Who owns that land? Is that FDOT's? So if --
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Mr. Alfonso: It's FDOT.
Commissioner Carollo: -- we're putting that money towards this plan for this park, do we have
some type of agreement that this will maintain a park for X'humber of years, or that we have
some type of lease to this land for X'humber of years, since we're putting in Xtnoney, X'dollars
for capital?
Mr. Noriega: Yes. So there is a lease. Unfortunately, the current status of the lease is, they can
pretty much kick us out whenever they want. So I -- my recommendation in a conversation that I
had with the Manager earlier on this was that if the City made a commitment, we'd make it
subject to a commitment from DOT (Department of Transportation) on a longer term --
Commissioner Gort: Yes.
Mr. Noriega: -- so that we don't invest the money and then it's --
Commissioner Carollo: That's --
Mr. Noriega: -- (UNINTELLIGIBLE) obviously --
Commissioner Carollo: -- exactly my point, Mr. Noriega.
Commissioner Suarez: I would amend my motion to reflect that.
Mr. Noriega: Okay, absolutely.
Chair Hardemon: And the seconder would agree to it, to that amendment?
Vice Chair Russell: Yes. And ifI could just say, briefly, because I know we got a lot, I'm very
proud of you guys. I mean, this is something amazing. And the skateboarding culture is not what
we know from when I used to skate when I was a kid. This isn't the counterculture. This is a
sport now. Nike's investing in it. ESPN is filming it. And the fact that this City doesn't have a
world-class venue for it and an opportunity for kids do something amazing and work on tricks
and improve their skills and be proud of something that they do and have a place to go, this is a
positive step for the City. I'm very proud of you guys for bringing this and doing this, and
showing up like this.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Yeah, I want to echo the Vice Chairman's comments. I mean, what you
guys have done for the children of our community is incredible. I mean, and what your family
has done in stepping up is incredible. When I visited Copenhagen last year, you realize that
skateboard parks are an incredibly integral part of the fabric of the city, and it's one of the most
coveted skateboard hubs in the world; and I think this allows us to begin the process of, like you
said, looking at these sites -- multiple sights, hopefully, in the future, where we can continue to
do this, particularly since we are repurposing an urban space that right now is basically an
empty lot and so we're getting nothing of value as a community for a public space and this
converts a basically barren public land into a state-of-the-art park for our children, and for the
adults too, in our community. Thank you.
Vice Chair Russell: Thanks.
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Chair Hardemon: I own a skateboard. I skate where (UNINTELLIGIBLE). It literally sits up in
my unit right now so I haven't skated on it in a while so I look forward to getting on the beginner
section of this process, and I'll skate. I don't need all the pads and everything, so I'm still cool
with it, but I just need a little guidance, so -- where's the young man that is on the video with the
big hair? Where is he?
Mr. Katz: There he is.
Chair Hardemon: Yeah. Raise --
Mr. Katz: Lionel, come up here.
Chair Hardemon: -- (UNINTELLIGIBLE) hand, sir. I need your help to get me
(UNINTELLIGIBLE).
(Applause)
Chair Hardemon: All right, it's been properly moved and seconded. There's no more discussion.
All in favor --
Mr. Min: Mr. Chairman.
Chair Hardemon: Yes.
Mr. Min: May I suggest, only because it sounds like there needs to be a commitment as far as
appropriations of funds from the City, which I don't know if that commitment has been identified
yet. There's probably going to be (UNINTELLIGIBLE) interlocal agreement between the City
and the MPA. There may be -- have to be a grant agreement between the City and Mr. Katz. If
you will, can I suggest this be a directive -- I'll draft it as a resolution directing the
Administration to work this out and bring it back with an actual plan?
Chair Hardemon: I think that's most appropriate. Right.
Commissioner Suarez: Right.
Vice Chair Russell: (UNINTELLIGIBLE) Barnaby.
Chair Hardemon: Most appropriate. No, it's most appropriate --
Commissioner Gort: Yes.
Chair Hardemon: --because it's a pocket item that would affect --well, not even a pocket item,
really, I mean, that would affect the budget --
Mr. Alfonso: We will --
Chair Hardemon: -- so I think it's necessary.
Mr. Alfonso: Thank, Mr. Chair. The Administration will add that to our --
Chair Hardemon: Mid -year budget.
Mr. Alfonso: Well, mid -year budget agenda deadline is pretty much done, but we will certainly
put that into our budget process and add it to the list of "must dos. "
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Chair Hardemon: Well, we have the 200 or so thousand dollars that has already been
committed, so we just make up the little difference, plus the matching from his family --
Commissioner Gort: 350.
Chair Hardemon: -- should make it work.
Mr. Alfonso: No, no, I know. No, no, they -- 600, 000 is the number I heard.
Chair Hardemon: $600,000 is the number that his family will match up to.
Mr. Alfonso: No.
Chair Hardemon: They've already captured 200 or so thousand.
Mr. Alfonso: Let me run that again. Mr. Katz, you correct me if I'm wrong.
Mr. Katz: Yes.
Mr. Alfonso: The total cost, $1.45 million.
Mr. Katz: Yes.
Mr. Alfonso: Okay. That $1.45 million breaks up as 600 from the City, 600 from the family, 250
of other commitments that you have gained.
Commissioner Suarez: Correct.
Mr. Katz: Yes, sir.
Chair Hardemon: Okay. All right.
Mr. Alfonso: So the Administration will come back to this Commission sometime later with an
allocation of $600, 000 for the City to appropriate as part of our budget; and with the agreements
that we need, we'll work with the MPA and all the other folks.
Commissioner Carollo: FDOT.
Chair Hardemon: And then if you -- if anybody in your group knows, who keeps tagging the
buildings, because I know you all run together, let's stop that, too.
Mr. Katz: I got your back on that, man.
Chair Hardemon: All in favor, say bye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Mr. Katz: Thank you so much. I appreciate it.
(Applause)
Chair Hardemon: Decorum, please. We don't allow clapping in the chambers; it's disruptive, so
just --
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PA.3
16-00534
Commissioner Gort: We wave hands.
Chair Hardemon: -- wave your hands is a sign of agreement, but thank you very much.
PERSONAL APPEARANCE BY REPRESENTATIVE JOSE JAVIER
RODRIGUEZ REGARDING AN END OF LEGISLATIVE SESSION UPDATE.
16-00534 E -Mail - Discussion Item.pdf
16 -00534 -Submittal -State Representative Jose Javier Rodriguez-Newsletter.pdf
PRESENTED
Chair Hardemon: Moving on now to --
Commissioner Suarez: Keeps you on your toes.
Chair Hardemon: -- PA. 3.
Vice Chair Russell: Jose Javier Rodriguez is here.
Chair Hardemon: You're recognized, sir. I want to welcome our representative, Jose Javier
Rodriguez.
Representative Jose Javier -Rodriguez: Good morning. Also known as PA.3, I guess.
Commissioner Suarez: Also known as PA.3.
Representative Javier -Rodriguez: Thank you. Good morning.
Vice Chair Russell: Good morning.
Representative Javier -Rodriguez: Jose Javier -Rodriguez, State Representative; also City of
Miami resident. I'm here to, as every year, to kind ofgive a session report back on the legislative
session, which concluded last month. I don't want to abuse of your time. I know you have a busy
agenda, but I did want to touch on a couple of the topics; answer any questions you had. I really
want to give a shout -out to City Attorney's Office, your government affairs team; make my job
easy, and the other legislators, who we work together, and representing the residents of the City
of Miami. I wanted to hit on just a couple of topics. I know that you had your legislative
priorities, 16 of them; many of them were successful this year, due in large part, again, to the
efforts of the Delegation representing the area, but also your efforts. I know that several of you
came up to Tallahassee during the session. I know many ofyou were very engaged, andl
appreciate that. I think I'd like to just mention two of the budget items that I think were
significant that we've been working on, you know, every year since I've been elected; almost
every year. One is funding for the Underline, which we were able to get through this year. And
because it was a Miami -Dade Delegation priority, it did not get vetoed, thankfully. And also, as
you know, the Seybold Canal/Wagner Creek funding also this year, and that was also a
Miami -Dade Delegation priority. And I might add a footnote: I serve as the vice chair of the
Dade Delegation this year. Our prior chair was Anitere Flores; our current chair is Jose Felix
Diaz, and I think we as a Delegation have been working at building more cohesion, having more
long-term planning, and being more effective, andl think this session is starting to pay off, I
think, in terms of our legislative priorities. A lot of them we achieved. Another issue that I'll
mention that is particularly important to the area where I live -- and I know Districts 3 and 4, it's
a particularly important issue -- and that is with ALFs (Adult Living Facilities). My first term at
-- we were working -- there's a bipartisan group of us. We were working to try to affect the
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assisted living facility reform packages; worked on amendment with the City Attorney's Office
and with Planning & Zoning to try to clam the distance requirements. I'm not going to go into
this in great detail, but it's something that really gives the City a lot of tools to address the
density ofsmall ALFs in certain neighborhoods in the City of Miami. My second term, working
closely with Representative Bryan Avila of Hialeah, we actually introduced legislation and
worked very hard on it, didn't succeed that year, but this year crossed the finish line, so I'm
happy to report that that's something that the City has been working on, up against pretty
powerful odds. The ALF industry is not easy to go up against and to work with, and so I --you
know, we'll have to give a recognition, especially to Bryan Avila, for all his work on that.
Another issue that is -- was almost at the top of your list was the issue of backyard gun ranges.
Legislation passed this year, thankfully, to deal with that. I'll mention a couple other things in
quick succession. Most of these were also Miami -Dade Delegation priorities, which was good.
One was finally on doing a discriminatory provision against immigrant citizen children that had
to do with the Kid Care Program with subsidized healthcare. That was eliminated finally. The
property tax exemption for low-income, long resident seniors: There will be a ballot initiative
this year, thankfully, that will help fix some of that. I know many of our constituents have been
basically priced out of that low-income senior exemption because of the market. There was an
unforeseen, I guess, glitch in terms of how that was interpreted, so there will be a constitutional
amendment to essentially grandfather in those seniors who had that so that they don't -- as long
as they remain in their homes, that they'll benefit from that. A pilot project dealing with HEP -C
(Hepatitis -C) and HIV (Human Immunodeficiency Virus) rates of infection. And I think very
importantly for our area, finally, some reforms on the take-out process for Citizens Property
Insurance policyholders. Last year the Governor vetoed a very ambitious legislative proposal
that was passed almost unanimously in the Legislature. Senator Anitere Flores and Mike Bileca
were the sponsors of that. This year in the House, I was the prime co-sponsor, along with
Kathleen Passidomo from Naples, and it was a very intensive negotiating process between the
Senate and the House and with the Governor, but thankfully, recently, he signed the legislation.
So there are some at least protections and --for policyholders in that take-out process is what we
were able to negotiate. I'm covering a lot here, but I think my message is to say that this was a
good session for Miami -Dade, in general, and it was a good session for the residents of the City
of Miami, but we have a lot of work to do, and I want to thank you for being so engaged on all
these issues that matter to your constituents. Be happy to take any questions, any drillings.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: Let me ask you a question. I want to thank you very much for ALCF --the
ALFs. That's one problem that we have just about all our neighborhood. The biggest problem
that we have, the State issues a license, but there's no supervision; and we, the City, cannot
supervise. A lot of these places that are open, they don't really take care of their patients, they
don't really keep the place the way it should. There should be certain restrictions to it. We're not
allowed to go in, it's my understanding. Code Enforcement get -- it's very difficult for them to do
so, because I've been fighting this for year and a half, so the supervision is the most important
thing there is. If something could be add to that, and I really appreciate this that you pass.
Representative Javier -Rodriguez: Commissioner -- if I may? -- you're absolutely right. And I
think when -- one of the issues that the City was helping explain to me early on was that there are
five different agencies that place people in assisted living facilities. There's five different sets of
data; five different agencies who have different enforcement capacities, enforcement cultures,
some are much more responsive than others, and so that has been a challenge, the fact that it --
enforcement is preempted on those issues to the State, but at least when it has to do with
planning and zoning and those sorts of things, that's where we've been able to start pushing back
on this issue. And one of the problems we have is that the way that ALFs are in our community is
unique to this part of the state, and so part of my job and my colleagues' has been trying to
educate the industry and trying to recruit allies within the industry to see that it's in their benefit
to have higher standards for the residents.
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Commissioner Gort: Thankyou.
Representative Javier -Rodriguez: Thank you.
Vice Chair Russell: Thanks for representing its.
Representative Javier -Rodriguez: Thank you very much.
ChairHardemon: Thankyou so very much, sir.
Victoria Mendez (City Attorney): Chairman --
ChairHardemon: Yes.
Ms. Mendez: -- ifI may, I just wanted to give a shout out to the Representative, because he has
been very helpful in our dealings with FPL (Florida Power & Light) and he -- you know, he
deserves a lot of credit for a lot of things that he's helped its with, so thank you.
Representative Javier -Rodriguez: And ifI might add, I just want to say on transportation issues,
on Florida Power & Light in Turkey Point, it makes me really proud to be a resident of the City
of Miami, seeing the kind of advocacy that you do on those issues, in particular, and the
leadership you take, so thank you.
Commissioner Gort: Thankyou, sir.
ChairHardemon: Thank you very much.
END OF PERSONAL APPEARANCES
PUBLIC HEARING
PHA
RESOLUTION
16-00241
Department ofPublic
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Works
ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "YE LITTLE WOOD
ESTATES", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY
DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL
CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET
FORTH IN "EXHIBITA", ATTACHEDAND INCORPORATED, AND THE
PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS
SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING
FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
16-00241 Summary Form.pdf
16-00241 Notice to the Public.pdf
16-00241 Back -Up from Law Dept.pdf
16-00241 Legislation.pdf
16-00241 Attachment 1.pdf
16-00241 ExhibitA.pdf
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City Commission Meeting Minutes April 28, 2016
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0194
Chair Hardemon: Moving on now, PA.2. Well, that's a 10 o'clock time certain. I'll wait. Do you
want me to wait on PA.2?
Commissioner Suarez: For --
Chair Hardemon: I could bring --
Todd B. Hannon (City Clerk): Chair, that's PA.3, sir.
Chair Hardemon: Oh.
Mr. Hannon: So you may address PA.2.
Commissioner Suarez: PA.2 was withdrawn, I think.
Chair Hardemon: I'll do --
Commissioner Suarez: No? Oh, PA.1 was withdrawn.
Chair Hardemon: PA.1 was withdrawn.
Commissioner Suarez: I'm sorry. My apologies.
Chair Hardemon: So I'll do PA.2 now. Is Mr. Noriega here?
Commissioner Suarez: I don't see them here, Mr. Chair.
Chair Hardemon: All right, let's move on to PH.1
Vice Chair Russell: PA.1 was pulled?
Commissioner Carollo: PH. I.
Chair Hardemon: PH.1.
Vice Chair Russell: Oh, I'm sorry. PH.1.
Commissioner Suarez: PH.1.
Commissioner Gort: PH.2.
Vice Chair Russell: I believe we have PH. 1.
Commissioner Gort: Yes, we do.
Chair Hardemon: PH.1.
Commissioner Carollo: Department of Public Works.
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City Commission Meeting Minutes April 28, 2016
Daniel J. Alfonso (City Manager): No. We're moving to PH 1, the Department of Public Works.
This is a plat entitled YE Little Estates,'a replat of the City of Miami of the property described in
the attachment, subject to satisfaction of all conditions required by the Plat and Street
Committee.
Chair Hardemon: Is there anyone from the public that would like to speak on PH.I ? Seeing
none, I'll close the public hearing. Is there a motion to accept?
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Carollo: Second.
Vice Chair Russell: With discussion.
Chair Hardemon: You're recognized, sir, for discussion.
Vice Chair Russell: I just have a question on the replatting, because there's -- there was a little
confusion in the backup documentation. Are we combining two properties into one, three into
two, or what is exactly happening here?
Eduardo Santamaria: Ed Santamaria, director of Public Works. The question is to what is going
on with the plat in terms of existing lots. My understanding is that there was a division of the lot
that was precluding the construction or the issuance of a building permit, and this replatting is
basically intended to clean that up, so it's creating a "lot" of record to allow for construction.
Vice Chair Russell: So we're taking two lots and making them into one, basically?
Mr. Santamaria: We're taking one lot and a portion of another lot and combining it.
Vice Chair Russell: Right. So they were two; they're going to be one, all right. I had a very long
meeting in the community around that area last night, and there's a huge concern about the
splitting of lots, and this one was brought up as one of the concerned items. And the backup
documentation actually isn't really clear what the before'picture and the after I icture is, so I'm
glad to understand, because I had to, you know, allay their fears of what was going on, and try
to explain, but the backup documentation didn't really support that, so I just wanted to make sure
what I explained to them last night at the meeting is correct; that this isn't a division of lots,
creating -- but it's -- but rather a combination. And I'm wondering if maybe in the future when
we do a replatting, we can show a "before " and "after" picture of -- I think -- because I think it
was missing on the backup, if I'm not --
Mr. Santamaria: We can always do that.
Vice Chair Russell: Great. Thank you.
Mr. Santamaria: We'll make sure that it's clear.
Vice Chair Russell: I'm satisfied.
Chair Hardemon: Arty further discussion? Hearing none, all in favor, say ave. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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Commissioner Suarez: You like smacking that thing, huh?
PH.2 RESOLUTION
16-00536
District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner Keon ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Hardemon 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 5 SHARE OF THE
CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, IN A
TOTALAMOUNT NOT TO EXCEED $135,000.00, TO MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION FOR THE WHEELS TO WORK
PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
16-00536 Notice to the Public.pdf
16-00536 Legislation.pdf
16-00536 Exhibit - Memo.pdf
16 -00536 -Submittal -Commissioner Francis Suarez-Article.pdf
16 -00536 -Video Presentation -Christine King -Wheels to Work Promo Video.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0195
Chair Hardemon: Let's move on now to -- I don't see Art Noriega here, so PH2.
Commissioner Gort: Wasn't that --?
Chair Hardemon: PH. 2, right. PH2 is a --
Commissioner Gort: It's in the Skate Park --
Vice Chair Russell: Yeah, he's not here.
Chair Hardemon: -- resolution to allocate funds to MLK/EDC (Martin Luther King/Economic
Development Corporation) for the Wheels to Work Program. I believe that ML -- they have a pre
-- a short presentation to make, but they -- MLK Wheels to Work Program, I'm sure -- well, can
you -- ma'am, can you take this? Introduce yourself and your program.
Christine King: Good morning, Commissioners. I am Christine King, the president and CEO
(Chief Executive Officer) of the Martin Luther King/Economic Development Corporation, and
we'd like to share with you a short video on the MLK Wheels to Work Program. This is the funds
that the Chairman allocated last term, and this is what we did with it.
Note for the Record: An audio -video presentation was made at this time.
Ms. King: Thank you. This program has been tremendously successful. It's an ongoing
program. The program is for three years. The participants also receive financial literacy. We've
partnered with Regions Bank, as well as life skill courses and car maintenance courses. We are
very proud of this program, and all of the participants have -- their lives have been improved as
a result of this program.
Commissioner Suarez: Move it. Discussion.
Ms. King: Thank you.
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Chair Hardemon: It's been properly moved. Is there a second?
Vice Chair Russell: Second.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Discussion.
Commissioner Suarez: Mr. Chair, thank you.
Chair Hardemon: You're recognized.
Commissioner Suarez: You know, first of all, that was a very powerful video, so thank you for
that; very powerful presentation. I have -- and I want to give this to the Clerk --an article here
on Detroit's ambitious plan to jumpstart its housing market. And one of the issues with Detroit is
that they have a phenomenon in housing, where their -- they don't -- they can't get second
mortgages, so the City itself is actually stepping in and guaranteeing a second mortgage so that
people can move in, fix their homes, even though it makes them upside down, which is sort of
counter -intuitive to what the normal lending world would allow for, and they've given up to --
their goal is to deliver a thousand renovations on second mortgages that go up to $75,000, and
so this is an example of what you're doing here, you know. It's an example of the government.
And as the Pastor Smith said, you know, it's not giving a handout. They're stepping in in a
particularly important moment to do something that the private sector can't do, for whatever
reason, and that is going to allow people -- it's going to give people dignity, first and foremost,
and it's going to allow them to be, hopefully, successful in their own efforts -- with their own
efforts, you know, in their own life. So I commend you for this. This is thinking outside of the
box. This is what the poverty initiative was intended for; not to just sort of have the same old
solutions that we constantly come up with. And it's hard because -- it's hard to come up with
these ideas. They're innovative. They're different. And, you know, sometimes people will
criticize them. You know, that's part of what we do, so it is what it is. So I'm behind you. I think
it's great and -- And listen, you tell it very well. You tell the story so well. You know, it's
something that I can certainly learn from. Thank you.
Chair Hardemon: Thank you.
Commissioner Gort: Haven't you learned that you can't please everyone?
Commissioner Suarez: Oh, yeah. Yeah. Yeah, I have learned that after six years.
Commissioner Gort: Mr. Chairman, I'd like to tell you, I think the --congratulations on your
initiative. The funds that are use, they're use to set up scholarship to college and for trade,
because a lot ofpeople don't want to go to college, but they can get a good trade. Some of the
people in trade and with the -- and the computer and so on can make a lot more when they first
come out than the guy with the Bachelor's Degree, so -- and this is how to spend the money. I
think educating the people, giving them an opportunity to come out and with a career, with a
trade is very important; because today, going to school or going to college, you come out with a
mortgage that have to be paid, so it's a good idea.
Chair Hardemon: I wanted to open up the floor for public hearing at this time. Is there anyone
from the public that would like to speak on this item?
Brenda Betancourt: Good morning.
Chair Hardemon: Good morning.
Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. Yes, I just have a question. Are
we going to be expanding this program that you just create throughout different areas of our
neighborhood? Are we going to be able to do it in areas like Little Havana, Coconut Grove?
Are we going to be able to do that -- this initiative that you're doing? Because I think it's
important to empower those that actually needs, and those are the needs ofpeople.
Transportation, we are horrible. We are amazing city, but we have a horrible transportation,
public transportation. And even though we tried to help them with the trolley like we did last
year, are -- there is any way for us to moving -- get in touch with those who actually have the
power to help, not just as a city, but maybe move those other powers and being they had the
money to provide a little bit more?
Chair Hardemon: I mean, it all depends on each of the Commissioner's budgets, so we're
restrained or constrained by our budgets. So I'm sure if you have a discussion with the
Commissioners that you think it affects the most, they'll be willing to talk with you about it.
Ms. Betancourt: Thank you.
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Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Suarez: Yeah. And to your point, you know, when we did the Technology
Empowerment Program in my district, other Commissioners jumped in and saw the wisdom in it,
so I suspect that other Commissioners will see the wisdom in this as -- certainly as this program
unfolds and will be probably interested in expanding it to other areas.
Ms. Betancourt: Yeah. One of the things that I -- if I may, is if we able to tap into those private
entities that are willing to provide more support, and maybe we can, you know, reach out to both
sizes. And one of my things that I'm mentioning is because I am part of the U.S. and Latin
Veterans Association, which I have three of my members here, and we are trying to tap into a lot
of the private entities that are doing fundraising for us, and I think this will be amazing
opportunity, not just for the community, but as the veterans and everybody else on hold to
provide in a --for a fact, I know that we can do fundraiser with several different teams. You
know, the Marlins has been one of the one been supporting us 100 percent. And if your initiative
is willing to grow more and we can tap into those, I'm more willing to, you know, get you in
touch and see if we can do the same fundraising for this type of initiative, which is amazing.
Chair Hardemon: Thank you very much. Is there any other person? Hello, ma'am.
Yolanda Brooks: Hi. Good morning, everyone. I am a resident of Overtown, and I was one of
the candidates who was lucky to get in the program for the Wheels to Work.
Chair Hardemon: Can you state your name for the record.
Ms. Brooks: I'm sorry. Yolanda Brooks. My leaders of the community noticed that I was, you
know, working really hard, and transportation was terrible. So with that being said, Keon
Hardemon noticed that I was one of those candidates who needed to get from one destination to
the other, and like my life has completely changed, and I could also speak for my other candidate
here, who also won. Now I can actually get more engaged with my community and stay focused
on the program itself, so I will be definitely supporting the next candidates who do get a chance
to get in this program, which is definitely life -changing for me. So I just wanted to say, thank
you very much again, and I will keep pushing and, you know, making more things happen, being
that I have transportation now, reliable transportation.
Chair Hardemon: Thank you very much.
Commissioner Suarez: Mr. Chair, I just want to also let the public know, and particularly those
from Overtown, that something that you did a little while ago, it seems to have come to a fruition,
a positive fruition: the investment in Tri -Rail, which, unfortunately, after the last legislative
session, didn't look like it was -- looked like it was stalled, because there was a $20 million gap
that the State was supposed to, you know, fund and didn't. I have to commend SFRTA (South
Florida Regional Transportation) chairman, Barreiro, Bruno Barreiro, the County
Commissioner who stepped up and funded that $20 million and also dealt with the indemnity
issue that SFRTA was -- you know, that there was an issue for All Aboard; and because of that,
Overtown residents will have free ridership forever on the Tri -Rail line connecting to downtown,
which will connect Overtown to the tri -county area, which will open up three different counties
for job opportunities throughout that rail line. And so, thanks to your advocacy and your
investment in that mass transit solution, you're not only investing in point-to-point transit, which
is, you know, obviously vehicular transit, but also mass transit, which really opens up things for
the people of Overtown, so you should be commended for that.
Chair Hardemon: Well, thank you very much, sir. Thank you. Is there any other person that
would like to make any public comment? Well, I just -- I'll close the public hearing, but I'll say,
you know, with my anti poverty initiatives that I really would appreciate you all support. I mean,
we're trying to do some innovative things. I know that MLK is a reliable partner. It's in the
heart of the City of Miami. It's very easy to get to; directly across the street from the new transit
hub that Miami -Dade County has now -- and also the City of Miami invested in, which includes
housing and a bus transfer depot. And so, this is an area -- an organization that services that
area, where I think you'll see a lot of new investment, particularly on 7th Avenue. It used to be
back in the day one of the great highways of the City of Miami, and today needs some tender
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City Commission Meeting Minutes April 28, 2016
loving care. We don't own all the -- when I say, {l e, 'meaning the City of Miami, and even its
community members don't own all the commercial properties there, but I foresee a time where
there'll be enough investment there where that entire community will be turned around, and I
think it's in the near future. But most importantly, it starts with giving the people there a hand
up, and I think that programs like the Wheels to Work Program, the College Exposure Program,
the Kitchen Incubator, those are the opportunities that gives them that shot, and so I would
appreciate your support. So if there aren't any further discussion or any further comments, if
you're in favor of it, indicate so by saying "aye. "
The Commission (Collectively): Aye.
ChairHardemon: Motionpasses.
PH.3 RESOLUTION
16-00537
District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner Keon ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Hardemon 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 5 SHARE OF THE
CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, INA
TOTALAMOUNT NOT TO EXCEED $195,000.00, TO FOUNDATION OF
COMMUNITY ASSISTANCE AND LEADERSHIP, INC. FOR THE FOREIGN
LANGUAGE, LEADERSHIP, AND COLLEGE EXPOSURE PROGRAM;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
16-00537 Notice to the Public.pdf
16-00537 Legislation.pdf
16-00537 Exhibit - Memo.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0196
Chair Hardemon: Let's try to knock out a few items before we move on to our 11 o'clock time
certain. PH 3, this is the FOCAL [sic] (Foreign Language, Leadership, and College) College
Exposure Program. This is the program that teaches second languages to our inner-city kids.
Yes.
Commissioner Suarez: I have to -- I have a conference call that I have to get on, and this is a
four-fifths, so if you want me to move it and --
ChairHardemon: Yeah (UNINTELLIGIBLE).
Commissioner Suarez: -- (UNINTELLIGIBLE) can take a quick vote.
Chair Hardemon: Yeah.
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City Commission Meeting Minutes April 28, 2016
Commissioner Suarez: I move the item.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Is there anyone from the public that'd
like to speak on the item? Seeing none, I'll close the public hearing. All in favor, say bye. "
The Commission (Collectively): Aye.
Commissioner Suarez: It was PH.3.
Chair Hardemon: Motion passes.
PHA
RESOLUTION
16-00538
District 5-
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioner Keon
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE,
Hardemon
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 5 SHARE OF THE
CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, INA
TOTALAMOUNT NOT TO EXCEED $150,000.00, TO MARTIN LUTHER KING
ECONOMIC DEVELOPMENT CORPORATION FOR A KITCHEN INCUBATOR;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
16-00538 Notice to the Public.pdf
16-00538 Legislation.pdf
16-00538 Exhibit - Memo.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0197
Chair Hardemon: And then also --
Commissioner Suarez: I'll move PH 4. as well.
Chair Hardemon: Been properly moved. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: Open up the floor for public hearing. Closing it, seeing there's no one here to
discuss. Any further discussion? Hearing none, all in favor, say aye. "
The Commission (Collectively): Aye.
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City Commission Meeting Minutes April 28, 2016
Chair Hardemon: Motion passes.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: What I would like to ask, if possible, before we go to lunch -- I have a
discussion item I'd like to have before lunch, because I've been waiting for the last three meetings
to have it on.
Chair Hardemon: Which item is that?
Commissioner Gort: The discussion 10, I believe.
Chair Hardemon: Yes, sir.
Commissioner Gort: Yes, discussion -- D.10 [sic].
Chair Hardemon: Okay.
Commissioner Gort: Thankyou.
Chair Hardemon: No problem. I know that there are -- see, there's -- we still have four here. We
have one more -- no, we don't. Wait one second.
Commissioner Carollo: We have our auditor item, too, which is RE.6.
Chair Hardemon: I'm trying to decide which is the best one to take, because I know some of
these items will take a long time to get everyone out at lunchtime to be able to come back and
finish the business, so what I'll do --
Commissioner Carollo: We could have our auditor go back to work.
Chair Hardemon: You want to do the auditor? Okay, so I'll call --
END OF PUBLIC HEARING
SECOND READING ORDINANCES
SRA ORDINANCE Second Reading
16-00230
Department ofPublic AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE
BUILDING LINES/NONSTANDARD STREET WIDTHS", BY MODIFYING THE
WIDTH OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2ND
AVENUE AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FORAN IMMEDIATE
EFFECTIVE DATE.
16-00230 Summary Form SR.pdf
16-00230 Memos with Location Maps.pdf
16-00230 Legislation FR/SR.pdf
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City Commission Meeting Minutes April 28, 2016
Motion by Commissioner Carollo, seconded by Commissioner Gort, 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
13600
Chair Hardemon: Well, first, let's do this, SR. 1.
Commissioner Carollo: Okay.
Eduardo Santamaria: Good morning, Mr. Chair, Commissioners. Ed Santamaria, director of
Public Works. SR.1 is an ordinance amending Chapter 54 of the Code, entitled Streets and
Sidewalks, 'by amending Section 54-190, entitled Nonstandard Street Widths;' to modify the zone
street right-of-way with Northwest 28th Street, between Northwest 2nd Avenue and Northwest 3rd
Avenue.
Chair Hardemon: Okay. I'll open up the floor for public hearing. 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?
Commissioner Gort: Move it.
Commissioner Carollo: Move it.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Carollo: Second.
Chair Hardemon: Arty fiirther discussion? Hearing none, all in favor, say ifye. "
The Commission (Collectively): Aye.
Todd B. Hannon (City Clerk): Well, it's an ordinance.
Chair Hardemon: It's an ordinance.
The Ordinance was read by title into the public record by Deputy City Attorney Barnby Min.
Mr. Hannon: Roll call on item SR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
SR.2 ORDINANCE Second Reading
16-00217
City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "DEVELOPMENT IMPACTAND OTHER RELATED
FEES/IN GENERAL" BY AMENDING SECTION 13-16 ENTITLED
"ADMINISTRATIVE PROCEDURES FOR PETITIONS FOR IMPACT FEE
DETERMINATIONS AND AFFORDABLE HOUSING AND WORKFORCE
HOUSING DEFERRALS, REFUNDS AND CREDITS" TO SUBSTITUTE
REFERENCES TO THE "CHIEF OF OPERATIONS" WITH "CITY MANAGER'S
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City Commission Meeting Minutes April 28, 2016
DESIGNEE"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
16-00217 Summary Form SR.pdf
16-00217 Legislation FR/SR.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
13601
Chair Hardemon: SR.2.
Barnaby Min (Deputy City Attorney): Commissioners, SR.2 is an amendment to Chapter 13 of
the City Code to clam that review for deferral of impact fees can be reviewed by the designee of
the City Manager.
Daniel J. Alfonso (City Manager): Right. And these are impact fees specifically for affordable
housing projects.
Chair Hardemon: You're recognized.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved. Is there a--?
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Anyone from the public that'd like to
speak on this item? You're recognized, ma'am.
Renita Holmes: Good morning. Madam Renita Holmes, with the Women's Association Alliance
Addressing Injustice and Violence, as well as the Women in Public Housing, Education and
Finance and Development. And it was my concern that while I understand the Chief of
Operations is a Chief of Operations, I don't know. Is that for the City or it's the County, but one
of the major concerns when we began to expand Wynwood for us, particularly as those
representatives, advocates, and neighbors living in public housing adjacent to it, particularly for
those of us who are Overtown residents, was to assure that any impact fees or any funding other
than that would directly go to the community, in all fairness. And also, in keeping up and
monitoring it, I was just wondering how this change, if it would clarify, through the Chair, would
clam or affect or impact how we monitor it or how the public monitors it, or how basically a
concerned neighbor would monitor it. I'm concerned that a designee may not have quite the
oversight or quite the concern or the consistency or the -- whatever concern. Like I said, I just
want to know how that impacts our ability as the public and as poor women to get to some of
those fees that we need, because the dividing line between us and Wynwood is like a sidewalk
(UNINTELLIGIBLE) very, very, very, very poor. And when we did this expansion, we were
hoping that women in public housing would be able to benefit. Honestly, unless I continue to
attend some meetings in Wynwood -- and I'm in the further part of Overtown -- unless I
consistently bang on the door of my Commissioner and others, there is no one directly reporting
to us, and I don't see the impact as of yet, or anticipate what it will be for those who are mostly
poor. We can walk around and look at all the great art. We can watch the traffic go back and
forth, our children go across the street, but I want -- show me the money. So I'm concerned
about what would be the oversight of the designee, what would be the requirements of the
designee, and how we can keep this thing as ethical and impactful and sunshine as possible.
Thank you.
Chair Hardemon: Thank you very much. Is there any other person that'd like to speak? Seeing
none, I'll close the public hearing. Mr. Manager.
Mr. Alfonso: Mr. Chairman, the Chief of Operations right now is our Zerry Ihekwaba, and he
oversees Public Works and Parks and those type of things, so it's not an area of his competency,
so what I intend to do, if it's not myself, it would pretty -- somebody like George Mensah, who
oversees all the community development block grants issues, that would be the appropriate
person to be the designee to determine if an affordable project is worthy of having the waiver.
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City Commission Meeting Minutes April 28, 2016
ChairHardemon: Thankyou very much. Any further discussion from the dais? This is an
ordinance. City Attorney.
Commissioner Gort: I think you have someone else who wants to speak.
Chair Hardemon: You want to speak on the item?
Brenda Betancourt: Well, I just have a question.
Chair Hardemon: Can you state your name for the record, please.
Ms. Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just had concern about the
person that the City Manager just said that he might appoint to this, because I'm not sure if he's
the same person who does the grants, who deals with the grants right now. If that's the person
they thinking -- because as I've been stating, this is number four of my City Commission meetings
that I've been requesting information for the grant and ask -- you asked the director the other
day to give me his information. It's today another meeting, and I don't have any information;
only that he had contact me. And I have three of my members here that we've been trying to get
the grant application for the U.S. and Latin Veterans Embassy, and we haven't get it. So my
concern is, if it's the same person you're planning to having this person overseeing this, I'm
concerned, because ifI haven't be able to, as a resident and as a representative of Veterans, not
to be able to receive service for the director of this City of Miami Department of Grants, what
are the rest of the world can expect? I can't be able to come here every single meeting and state
it over and over, and you can direct the person to even provide me the information; and it's
today, April 28, and I have not received anything.
Chair Hardemon: Mr. Manager.
Commissioner Gort: Where's George?
Mr. Alfonso: I'll get George Mensah to answer her questions. I'm not sure what information
she's asking about.
Chair Hardemon: Okay. We'll have him speak to you before lunch, I'm sure. Thank you so very
much.
Ms. Betancourt: Thankyou, Commissioner.
Chair Hardemon: Public hearing is closed. Any further discussion? Seeing none, there's a --
it's an ordinance, so it needs --
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Todd B. Hannon (City Clerk): Roll call on item SR. 2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 4-0.
END OF SECOND READING ORDINANCES
RESOLUTIONS
REA
RESOLUTION
16-00396
Department of
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Finance
ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON
DECEMBER 16, 2015 AND THE RECOMMENDATION OF THE CITY
MANAGER APPROVING THE FINDINGS OF THE EVALUATION
COMMITTEE, PURSUANT TO CITY OF MIAMI ("CITY") REQUEST FOR
QUALIFICATIONS, INCLUDING ALL ADDENDA THERETO (COLLECTIVELY,
"RFQ") NO. 521381 FOR THE ESTABLISHMENT OF A MUNICIPAL BOND
UNDERWRITING SERVICES POOL ("POOL") WITH FOURTEEN (14) FIRMS
AS LISTED ON "ATTACHMENT 1", ATTACHED AND INCORPORATED
HERETO, FOR THE PROVISION OF MUNICIPAL BOND UNDERWRITING
SERVICES FOR THE CITY'S FINANCE DEPARTMENT; AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT(S)"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH
City ofMiami Page 42 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
EACH FIRM IN THE POOL FOR AN INITIAL PERIOD OF FOUR (4) YEARS,
WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1)
YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT ADMINISTRATIVELY AN ASSIGNMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, OF ANY EXECUTED AGREEMENT FROM ONE
POOL FIRM TO ANOTHER POOL FIRM WITHOUT FURTHER CITY
COMMISSION ACTION, UNLESS THE ASSIGNEE OF SAID AGREEMENT IS
NOTA FINANCIAL INSTITUTION EVALUATED IN THIS RFQ PROCESS;
AUTHORIZING THE ALLOCATION OF FUNDS TO BE DETERMINED AT
SUCH TIME OF ANY FUTURE FINANCING THROUGH THE PROCEEDS OF
THE MUNICIPAL BONDS TO BE ISSUED.
16-00396 Summary Form.pdf
16-00396 Report of Evaluation Committee.pdf
16-00396 Corporate Detail.pdf
16-00396 Bid Responses.pdf
16-00396 Request for Qualifications. pdf
16-00396 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0207
Chair Hardemon: All right, we'll move on with the agenda.
Commissioner Gort: The --
Chair Hardemon: RE. 1.
Jose Fernandez (Director): Good afternoon, Commissioners. Jose Fernandez, with the
Department of Finance. RE.1 is a resolution of the City of Miami, accepting the proposals
received on December 16; and the recommendation of the City Manager approving the findings
of the Evaluation Committee, pursuant to a request for qualifications number 521381 for the
establishment of a Municipal Bond Underwriting Pool.
Chair Hardemon: Can you speak directly into the microphone, please?
Mr. Fernandez: Sure. This is a resolution of the City of Miami, accepting the proposals received
on December 16, 2015; and the recommendation of the City Manager approving the findings of
the Evaluation Committee, pursuant to the request for qualifications 521381 for the
establishment of a Municipal Bond Underwriting Pool with 14 firms.
Chair Hardemon: All right. Is there a motion to accept?
Commissioner Suarez: Move it.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any (UNINTELLIGIBLE)
unreadiness? Hearing none, all in favor, say aye. "
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The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.2 RESOLUTION
16-00378
Department ofPolice A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
(4/5)AFFIRMATIVE VOTE, RATIFYING, CONFIRMING AND APPROVING
THE CITY MANAGER'S WRITTEN FINDING OF AN EMERGENCY,
PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), AND WAIVING COMPETITIVE
SEALED BIDDING PROCEDURES, RETROACTIVELY APPROVING THE
SELECTION OF SOUTHERN COMFORT SOLUTIONS, INC., FOR THE
PROCUREMENT OF A PORTABLE AIR CONDITIONER CHILLER FOR THE
CITY OF MIAMI POLICE DEPARTMENT HEADQUARTERS.
16-00378 Summary Form.pdf
16-00378 E-Mail.pdf
16-00378 Memo - Manager's Approval.pdf
16-00378 Invoices - Southern Comfort Solutions, Inc..pdf
16-00378 Corporate Detail.pdf
16-00378 Legislation.pdf
Motion by Commissioner Carollo, 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-16-0208
Chair Hardemon: Moving on to RE.2.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. Is there any further discussion regarding
item RE.2? Seeing none, all in favor, say 5ye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motionpasses.
RE.3
RESOLUTION
16-00513
Department of Capital
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Improvement
ATTACHMENT(S), ACCEPTING THE BID RECEIVED, MARCH 22, 2016,
Programs/Transportat
PURSUANT TO INVITATION TO BID ("ITB") NO. 15-16-017, FROM
ion
CHEROKEE ENTERPRISES, INC., THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER, FOR THE DOUGLAS PARK ENVIRONMENTAL
REMEDIATION DISTRICT 2 PROJECT IN THE AMOUNT OF $4,484,185.00
FOR THE SCOPE OF WORK PLUS A TEN PERCENT (10%) OWNER
CONTINGENCY AMOUNT OF $448,418.50, FOR A TOTAL NOT TO EXCEED
AWARD VALUE OF $4,932,603.50; ALLOCATING FUNDS FROM CAPITAL
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City Commission Meeting Minutes April 28, 2016
IMPROVEMENTS AND TRANSPORTATION PROJECT NO. 40613;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB
DOCUMENTS AND ATTACHMENTS, AND TO NEGOTIATE AND EXECUTE
ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
16-00513 Summary Form.pdf
16-00513 Memo - Manager's Approval. pdf
16-00513 Bid Security List.pdf
16-00513 Corporate Detail.pdf
16-00513 Legislation.pdf
16-00513 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0209
Chair Hardemon: RE.3.
Daniel J. Alfonso (City Manager): RE.3 is the award for the remediation work to be done at
Douglas Park. This was competitively bid. It's almost $5 million of work. And this is something
that we're looking forward to starting in June, if it gets approved today by this Commission.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded
Commissioner Suarez: Discussion.
Chair Hardemon: Any discussion from the dais?
Commissioner Suarez: Quick discussion.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Thank you, Mr. Chair. Yeah, I think Commissioner Russell and I should
have a community meeting to update the community on the progress. I think we need to, you
know, inform them that we did this today and that -- what is the new timeline, or what is the
timeline so that we can keep them up to date on what's going on. Thank you.
Chair Hardemon: Any further discussion?
Vice Chair Russell: They've had lots of meetings; they just want us to do it.
Commissioner Suarez: No, no. I hear you, but I think we are doing something now.
Vice Chair Russell: Agreed, agreed.
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Commissioner Suarez: So I think we should tell them, so that they don't worry or figure out
what's going on.
Chair Hardemon: Any further discussion?
Commissioner Suarez: No.
Chair Hardemon: Hearing none, all in favor, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
REA RESOLUTION
16-00389
Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Improvement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
Programs/Transportat AMENDMENT NO. 1 TO THE I NTERGOVERNM ENTAL AGENCY
ion AGREEMENT, EXECUTED JULY 21, 2015, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND
MIAMI-DADE COUNTY, TO PERFORM CERTAIN ADDITIONAL TRAFFIC
ENGINEERING FUNCTIONS WITHIN LOCAL MUNICIPAL STREETS
OPERATED AND MAINTAINED BY THE CITY.
16-00389 Summary Form.pdf
16-00389 Pre-Legislation.pdf
16-00389 Legislation.pdf
16-00389 Exhibit-Agreement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0199
Chair Hardemon: RE.4.
Commissioner Suarez: Move. Discussion.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. You're recognized, sir.
Commissioner Suarez: Thank you, Mr. Chair. RE.4 is the first amendment to the MOU
(Memorandum of Understanding) with Dade County, which establishes our right to provide
traffic circles, traffic tables, and certain other kinds of traffic control devices with our own
control over the approval of these devices, using the most favorable standard that any city can be
given in Dade County, so we have a most favored nation's clause in that MOU, and we have a
reduction in the distance between which the County can get involved, which was before 700, and
now it's being reduced to 250, which makes it more liberal. Basically, any device that we put in
halfway in a block is our jurisdiction and beyond from an arterial or from a light, a traffic
control device, so it doesn't -- obviously, it doesn't cover stop signs or traffic lights, but it covers
just about everything else. This is a huge victory for our city; a huge victory. This will finally
give us the ability to make our neighborhoods feel like neighborhoods. The County has
historically had a very inconsistent transportation philosophy from the City. They want to get
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City Commission Meeting Minutes April 28, 2016
somebody from Aventura to Homestead in the most efficient manner possible. For us, what's
most important is that our neighborhoods feel like neighborhoods so that my son, okay, and your
kid -- children and your children aren't hit by a speeding car, who's trying to save three seconds
by cutting through our neighborhoods to get through -- and this is huge. I've been working on it
for four years, and finally, it's at a place where I feel very proud of it, so I just wanted to sort of
sound off a little bit. Thank you.
Commissioner Gort: I think it was a great need for that, because we have a lot of the individuals
asking for the trajjic studies, and get it done, and it took the County years before we can get
anything done, so you're going to be able to expedite the request of the citizens.
Commissioner Suarez: And in my district --I don't know about yours --but I got denied 75
percent of the time. I was denied actually 75 percent of the requests that we had.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Irl understand correctly, the studies that were necessary from the County,
we never met the thresholds needed to put in a speed bump, to put in a circle. This will let us set
our own criteria neighborhood by neighborhood or citywide at one time?
Commissioner Suarez: You want to answer that like technically for him?
Jeovanny Rodriguez: Commissioners, for the record, Jeovanny Rodriguez, director of Capital
Improvements. What this amendment does is gives us the option of one of two. Number one, we
could still utilize the County's criteria to make that determination, or we can use any other
criteria that has been approved by the County for any other municipality, which is the best
practice. And in this case, there is already another criteria that the County has approved, for
example, for the City of Miami Beach, which now we have the options to use either/or, and that
criteria is a lot more favorable than what we had to do before.
Commissioner Suarez: Right. And so, basically, one of the things that we see is when we drive
to other cities, we're like, "Well, why does this city have this and we don't have it? " You know,
the wealthier cities have a tendency to have all these very neat gadgets and these neat trajFic
control device, and it's because they've been allowed to have them by the County, and so what we
said was, We want the most favorable treatment that any city gets. We're the largest city, and we
want to be treated the most favorably, so we want the most favorable standard,'and that's what
we have here.
Vice Chair Russell: Well done. This will be great for the neighborhoods.
Commissioner Suarez: Thank you.
Chair Hardemon: Arty further discussion? Hearing none, all in favor, say liye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. We know that Commissioner Carollo exited, and he'll be back
around 7 o'clock, 7:30.
Vice Chair Russell: We'll still be here.
RE.5 RESOLUTION
16-00535
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District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT
Commissioner Keon FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S
Hardemon ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTALAMOUNT NOT TO
EXCEED $150,000.00, TO THE LIBERTY CITY COMMUNITY
REVITALIZATION TRUST FOR THE PURPOSE OF FUNDING THE SUMMER
YOUTH PROGRAM.
16-00535 Legislation.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-16-0200
Chair Hardemon: I want to take two more items. I want to hear, if I can, RE.5 and then
Discussion Item 10, so RE.S. RE.S is also an allocation for the antipoverty dollars for Liberty
City Trust Summer Youth Program; same summer youth program that I did last year, except I'm
giving the responsibility to Liberty City Trust. I had many issues with PAL (Police Athletic
League) that led to me having to pay children less money than I wanted to pay for the summer,
so if there's a motion, I could appreciate it to approve it.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing
none, all in favor, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.6 RESOLUTION
15-01465
Office ofAuditor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
General ATTACHMENT(S), REAPPOINTING THEODORE ("TED") GUBAAS THE
INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA,
FORA FOUR (4) YEAR PERIOD COMMENCING ON MAY 7, 2016, AND
SETTING THE SALARY AND BENEFITS TO BE RECEIVED.
15-01465 Memo - Independent Auditor General.pdf
15-01465 Legislation v2 04-28-16.pdf
15-01465 Exhibit -Attachment No 1 - SUB.pdf
15 -01465 -Submittal -Commissioner Frank Carollo-Charter Employee Salary Benefits.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0212
Chair Hardemon: I want to call this meeting back into order. I apologize for chewing; I'm
sorry. However, before we go into the PZ (Planning & Zoning) items, it completely slipped my
mind that we still have one item particularly that's in the -- that's RE.6 that we have not had an
opportunity to address. We had it -- we waited until Commissioner Carollo came back, and then
by the time he came back, we were already into PZ. 16 and PZ. 17. So I'm going to call right now
RE.6 -- you can stay there -- but RE. 6, which is the approval of the reappointment of the
Independent Auditor General. Good to see you, sir.
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Ted Guba: Good to see you, too.
Chair Hardemon: Commissioner, takeover.
Commissioner Carollo: Yes. Thank you, Mr. Chairman. And I do wish that -- since he's a
constitutional officer that we have all five members here. I will start; and in the meantime, wait
for Commissioner Russell to -- the Vice Chair to be here. As you know, in your package, one of
our duties is to set the salary and to appoint the General Auditor as per our Charter. I had the
task to negotiate his contract approximately four years ago; and once again, you have asked me
to negotiate his contract, and bring it back to this Commission for discussion and ratification.
The first thing I want to mention is that there's a scrivener's error in the health care section. You
will see that it says the City Clerk,'and it's not the City Clerk. It's the Auditor General. "When I
negotiated the last time, it was correct. This time, as you could imagine, we look at all the
constitutional ojFicers and we start seeing what each of them have, and sort of compare one
another. So there's a scrivener error, and I want to make that for the record, it is corrected to
say Auditor General, 'hot City Clerk. "With that, I'm going to pass out to my members and to the
Clerk for the record.
Commissioner Gort: He just might get even with you.
Commissioner Carollo: And you have one, right? And I'll briefly tell you what I passed out. A
lot of this is materials that was used in order to come up with his compensation package, which
you have as your backup. One of the things that I asked was, once again, since we set the
salaries and the benefits for all the constitutional officers to give me a breakdown to see how we
compare one to the others, and that's the first page that's before you where you have our four
constitutional officers: City Attorney, City Manager, City Clerk, Auditor General; their salaries
and all their benefits. I also included in the package behind that all the various contracts and
the term sheets for all the various constitutional officers, and I'll give you a second to review that
while going to the back of RE. 6.
Chair Hardemon: When is the City Attorney's -- I mean the City Clerk's contract back up?
When do we renegotiate his thing?
Commissioner Carollo: We negotiated the City Clerk actually -- when was it, Mr. City Clerk;
about two or three months -- three or four months ago?
Todd B. Hannon (City Clerk): Yes, sir, yes; after the November election.
Commissioner Gort: Early December.
Mr. Hannon: Yes, sir.
Chair Hardemon: So when do we have another -- when does he have another opportunity to
discuss his salary?
Mr. Hannon: After the November 2017 election, sir.
Chair Hardemon: Okay; good to know.
Commissioner Carollo: So as you see in the package, I've included also details of what other
Auditor Generals in similar cities have and then others in smaller cities for your comparison,
and I --what I have brought to you is the package that I think is fair. And I have worded it in a
way --just like I did the last time --where it is pretty clear salary increases will be the first year
--or after his first year, it'll be a three percent salary increase, subject to the City being in good
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financial standings; and then 24 months from then, he will come back to this Commission to
negotiate his salary and terms. However, this is a four-year contract; by Charter, it will be a
four-year contract.
Commissioner Gort: Right.
Commissioner Carollo: So I open it up for any discussion, and if Mr. Guba would like to say any
words.
Commissioner Gort: Are you making a motion?
Commissioner Carollo: I make a motion to pass --
Commissioner Gort: Second.
Commissioner Carollo: -- RE.6.
Chair Hardemon: Been properly moved and seconded that we approve RE. 6. We'll have
discussion, but before we have discussion, if Mr. Guba wants to say anything, you are perfectly
allowed to speak at this time.
Mr. Guba: I just wanted to say that I've really enjoyed my job over the past four years. The four
years went very quickly, and I've enjoyed serving the City. I think that we've delivered a number
of high -impact audits and brought significant monies to the City and we had a few Charter plans
that I hope will do the same, and I hope that you support the contract.
Chair Hardemon: Thank you very much.
Mr. Guba: You're welcome.
Chair Hardemon: Any discussion?
Commissioner Carollo: In negotiating his contract, there's a lot of things that we discussed,
went over; some that I think in the near future we will need to bring back to this Commission for
a discussion, but right now, I think we should just deal with the Auditor General's salary
package, and deal with any of the others in the future.
Chair Hardemon: Arty further discussion? Seeing none, all in favor of the motion as stated,
indicate so by saying fiye. "
The Board (Collectively): Aye.
Chair Hardemon: All against? Motion passes. Congratulations.
Mr. Hannon: As amended.
Commissioner Carollo: Congratulations.
Commissioner Gort: Congrats.
Commissioner Carollo: As amended with the scrivener's error. Congratulations.
RE.7 RESOLUTION
16-00517
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Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S
CERTIFICATION OF THE DECLARATION OF RESULTS OF THE CITY OF
MIAMI CIVIL SERVICE BOARD RUNOFF ELECTION HELD ON APRIL 14,
2016 AND AP RI L 15, 2016.
ELECTED REPRESENTATIVE: SEAT REPRESENTED:
Travis J. Lindsey Seat No. 2
16-00517 Memo -Official Election Results.pdf
16-00517 Legislation.pdf
16-00517 Exhibit.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) Gort, Russell and Suarez
Noes: 1 - Commissioner(s) Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item RE.7 was deferred to the May 12, 2016 Regular Commission Meeting.
Chair Hardemon: Let's move to RE. 7.
Commissioner Suarez: Mr. Chair, can I -- I'd like to make a motion to defer RE. 7. I know that
there's a challenge to this, and I'd like to just -- I'd like to defer it for two weeks. Move to defer.
Chair Hardemon: My question -- Madam City Attorney, the deferral of the declaration of runoff
results, I mean, what type of effect does it have on the validity of the actual results ?
Victoria Mendez (City Attorney): At the end of the day, this is a ministerial issue. It should just
be passed. At this time, if it's not passed, then there's one seat that's not confirmed.
Chair Hardemon: So -- and Commissioner --
Commissioner Suarez: Yeah.
Chair Hardemon: --trying to understand the position. I know you want to look further into the
details of it, but --
Commissioner Suarez: Yeah.
Chair Hardemon: -- I've never seen an issue like this being deferred.
Commissioner Suarez: Yep.
Chair Hardemon: So what comes to my mind is what could be the issue that would require a
deferral in this situation?
Commissioner Suarez: So the issue is there's a disagreement -- and I'm not going to get into the
merits of the disagreement, because I know my Clerk will give me a hard time, and my City
Attorney will give me a hard time. But I think there's a disagreement as to whether some people
that voted in the election should have been eligible to vote in the election. I think I'm saying that
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in a very neutral way, and I'd like two more weeks to look at that issue, because it may have been
-- and I'm going to be very careful when I say it --determinative of the election. At least that is
the position that some people are taking.
Chair Hardemon: But the issue that I have -- and maybe either the Clerk or the City Attorney
can help me with this -- I doubt whether this is the body that will determine whether or not an
election is valid or --
Ms. Mendez: Correct.
Chair Hardemon: -- or invalid.
Commissioner Gort: Yeah.
Ms. Mendez: Correct. That would have to be in a different forum, in a different place, at a
different time, but not this ministerial act with regard to just certifying or acknowledging the
election. This is just an acception [sic] of election results. It's not even regular legislation. It's
just what's done at any election.
Commissioner Suarez: Can I ask a follow-up?
Chair Hardemon: Yes, and then Vice Chairman.
Commissioner Suarez: Is there any Civil Service Board meetings in the next two weeks that
you're aware of?
Todd B. Hannon (City Clerk): I believe -- excuse me, Chair -- the next Civil Service Board
meeting is May 10.
Commissioner Suarez: So there will be one in between this and the next Commission meeting?
Mr. Hannon: Yes, sir.
Commissioner Suarez: And can they have -- do they have a quorum with the already -existing
members?
Mr. Hannon: Yes, sir.
Commissioner Suarez: Okay. So they wouldn't have to like cancel a meeting or anything like
that?
Mr. Hannon: No, sir.
Commissioner Suarez: Okay.
Mr. Hannon: But again, deferring to what the City Attorney is indicating, you know, this has
been the past practice for the City over the past 20 years, as it relates to the eligibility of this
particular type of classification to be able to vote, so not only would it affect the runoff election;
it would affect the -- a general election as well.
Commissioner Suarez: In what way?
Mr. Hannon: Because those -- that same classification was allowed to vote in a general election.
Commissioner Suarez: I understand. My -- I'm not -- I don't want to debate the merits of it. I'm
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not here to -- I don't want to debate the merits of it. I'm just trying to -- I just want to get some
clarity on the issue, so I was asking for two weeks, but if the Commissioners don't want it, I mean
Vice Chair Russell: I will second it.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: I will second the motion. I had the same concerns when we just discussed
this with staff. And if it's brought to us to acknowledge receipt and off cially serve --the Clerk's
off cial certification, it can't be completely ceremonial. We have to take pause and refect on
what we're voting on, and there is a cloud over this. It's not that we are the appeal section, and
we are not making the decision on the election. But there's enough debate going on that I'm
willing to defer it to two weeks, if it doesn't affect the actual function of the Civil Service Board
over the next two weeks.
Chair Hardemon: What worries me about this is the slippery slope. For instance, say there's an
election -- say it's a Commissioner's election.
Vice Chair Russell: Yeah.
Chair Hardemon: I think we also cert the results for a Commissioner's election, and the
Commissioner's elected; a meeting is in between that meeting -- a meeting is between the time
that he's certified and the time that he's -- it's put off to another day. Is it within our body to not
cert the election results of a Commissioner's election? Commissioner Gort.
Commissioner Gort: Do you see anything different in this election from any other elections that
have taken place for the last 20 years?
Mr. Hannon: No, sir.
Commissioner Gort: Okay.
Ms. Mendez: No.
Commissioner Gort: Thank you.
Chair Hardemon: But there is a motion; there is a second. The motion on the floor right now is
to continue this for two weeks. There's a second. Any further discussion on that motion? All in
favor, say liye. "
Commissioner Suarez: Aye.
Vice Chair Russell: Aye.
Chair Hardemon: All against?
Chair Hardemon: Nay.
Commissioner Gort: Nay.
Chair Hardemon: So that motion --
Commissioner Suarez: It fails. You're elected Congratulations.
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Chair Hardemon: What?
Commissioner Suarez: It failed.
Commissioner Gori. It passed?
Chair Hardemon: So --
Commissioner Gort: 2 to 2.
Chair Hardemon: -- RE (Resolution) --
Commissioner Gort: 2 tot passed?
Chair Hardemon: It was 2 to 2.
Commissioner Suarez: The motion to defer was denied.
Chair Hardemon: Right. RE8.
Mr. Hannon: Excuse me, Chair?
Unidentified Speaker: Could I get recognized?
Mr. Hannon: We still do need to take a vote on RE. 7, and Mr. Gibbons has signed up for this
particular item, for RE. 7.
Chair Hardemon: He has two minutes to speak.
Vice Chair Russell: The deferral (UNINTELLIGIBLE).
Gene Gibbons: Good afternoon. Thank you. Gene Gibbons, and I represent Edward Lugo, who
is a sergeant who was involved in the election. First, I just want to address what the City
Attorney said. What you're about to do, if you vote on this, is confirm the election. You are
confirming that that election was fair, just, and proper. And what I'm here to tell you is it wasn't.
Maybe for 20 years they allowed probationary employees to vote, but I think the law is clear;
and when you read the statute -- or the ordinance, Section 36, as well as the rules that cover: `A
probationary employee has no civil service rights, including the right to vote. " And if they've
been doing it for 20 years here, they've been doing it wrong, and that's why I'm here. I brought
--bringing it to your attention. The background is they had 86 probationary --I don't even know
if they were probationary, because they're not even sworn police officers; they're cadets in police
academy, and they took 86 of them to the voting polls on the last day of the election, on April 15.
This vote was decided by 77 votes. So I'm asking you, as elected officials, as you sit up here,
would you stand for that if you knew that you lost by a hundred votes, and you knew --
Commissioner Suarez: Of course not.
Mr. Gibbons: -- a hundred 17 -year-old --
Commissioner Suarez: Of course not.
Mr. Gibbons: -- children voted --
Commissioner Suarez: Yeah, of course not.
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Mr. Gibbons: -- when they can't vote; they're not eligible?
Commissioner Suarez: Of course I wouldn't. Mr. Chair.
Chair Hardemon: Before we -- what -- can you cite again what it is you said that gives -- that
does not give the authority for the probationers? You spoke something on the record.
Mr. Gibbons: Yes. There's Section 36 of the Civil Service Ordinance.
Chair Hardemon: Section 36 --
Mr. Gibbons: Yes, sir.
Chair Hardemon: -- of the --
Mr. Gibb Bonn: Civil Service Ordinance of the City of Miami, and it says that the two --
Chair Hardemon: (UNINTELLIGIBLE) part, or is it just section 36?
Mr. Gibbons: Section 36, part 1, which is the two -- this is one seat we were looking at here of
the two, and it says, "They shall be elected by employees of the civil service status " -- "with civil
service status, " I'm sorry, "and from the employees with civil service status. " So in order to cast
a vote, you have to have civil service status; you have to have the rights.
Chair Hardemon: All right. I just wanted to get what your cite was, but like I said, we're not
here to debate the --
Mr. Gibbons: Yes.
Chair Hardemon: -- merits of it. Commissioner --
Mr. Gibbons: And there's a rule on it as well.
Commissioner Suarez: No, I just -- this is what I kind of wanted to avoid, is getting into a debate
over the substance of it. That's why I asked for a deferral, because I think you've made enough
Of an argument to merit further consideration; and rather than have a debate here when we have
a lot of things that we have to do today, I thought the more prudent thing for us to do was to
defer it for two weeks. I don't think it would be any --
Chair Hardemon: But the issue with the deferral is that there is also someone that has a right to
the position --
Commissioner Suarez: Of course.
Chair Hardemon: -- because they were elected.
Commissioner Suarez: I get it.
Chair Hardemon: Right? So if someone has a right to a position because they were elected and
someone is the -- and someone did not win that election --
Commissioner Suarez: Right.
Chair Hardemon: -- and they are, you know, the grieving party --
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Commissioner Suarez: Chair --
Chair Hardemon: -- you're taking away their ability to be --
Commissioner Suarez: -- I get it, butl -- look, I get it. I just think one two-week deferral is not
going to be like an undue harm. Maybe at the end of the two weeks we decide, after having been
more fully informed, that --you know, that this is --you know, that we don't proceed with this.
Chair Hardemon: There's --but there's a meeting in between. What happens at that meeting in
between? One less person can make a difference. They may not make a quorum, but they make
--they can make a difference. That's an argument that you didn't hear. That's a --
Commissioner Suarez: I hear you, I hear you.
Chair Hardemon: The next question this: Just -- legally, I don't know, if --
Commissioner Suarez: I mean --
Chair Hardemon: Say there's an appeal to a higher authority than the City Commission,
because the City Commission doesn't handle these types of issues, and then they invalidated the
election. Well, then, what we've done here doesn't really matter, because they invalidated the
election, correct?
Commissioner Suarez: I missed the --
Mr. Gibbons: Well, I would say that what you're doing now, according to the ordinance, is
you're not just certifying --the election was done by the County. They handled the election.
They certified --I believe the Clerk certified the election. What you're doing is very legally
significant. You're confirming this election as the City body for aboard underneath you that it
was done, and it was done in a right, and it wasn't done in violation of the law.
Chair Hardemon: So your position is that, for instance, with a general election, that the City of
Miami is confirming that every -- when we confirm the results --for instance, our last
Commissioner, Commissioner Russell, that every single T ivas crossed and every Fivas dotted in
the procedural process of voting to make his results correct. Is that what you're saying?
Mr. Gibbons: What I'm saying, sir, is I know this board --I would hope this board would not
confirm an election and place their stamp on it knowing they violated the ordinance itself.
Chair Hardemon: No, but you're getting away from my question.
Mr. Gibbons: Improper people voting.
Chair Hardemon: No. I'm saying you this --you're getting away from my question, because in a
general election that the City of Miami participates in, I go; I vote. As a person that is electing
-- an elector of this community, I say, "Look, I saw something at the elections office that was
improper. I saw a man vote twice, " right? I saw a man vote twice. Before the results are
confirmed, I come to this body, and I say, `Hey, before you confirm those votes, I saw a man
vote twice. You shouldn't allow this to be confirmed, because ifI saw a man vote twice, maybe
there's some other people that saw a man vote twice, and those results can be determinative of
the election,'and that's the issue; that what we're inviting here is a person, no matter who they
are -- Police, Fire, resident; doesn't matter -- to come and say, "There is a problem, and the
Commissioners should solve it. "
Commissioner Suarez: And I hear what you're saying. I think --as a product of a family who
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has been affected by overturned elections, I can tell you that it is not a very desirable thing. And
I could tell you, in my father's last election for County Commissioner, someone qualified at 5:06
p. in., six minutes after, and that person sued to try to put their name on the ballot. And what the
judge did in that case was, he said that he was not going to release the results until he knew for
sure whether or not there was irreparable harm to that person. He later ruled -- actually, that
ruling was appealed to the Third DCA (District Courts of Appeal). And in the interim, the Third
DCA ruled that there wasn't irreparable harm, and so there was a lot ofscrutiny in a very short
period of time, and I don't think two weeks is a big ask. I mean, that's just my personal --
Commissioner Gort: No, you got it.
Commissioner Suarez: --perspective.
Commissioner Gort: You got the two weeks.
Commissioner Suarez: But, no, I think we voted against it.
Chair Hardemon: No, we voted against the continuance, and I moved on to the next agenda
item.
Commissioner Suarez: Right, that's what I'm saying. I mean, you have that right, Chair.
Chair Hardemon: I just moved on to the next agenda item. I think that it's unfair --
Commissioner Suarez: But then no action is taken on this.
Chair Hardemon: The reason I say -- right. The reason -- I look at it this like. I think it's unfair
for someone to be duly elected, and then for someone to not even appeal; to come to -- to come
before the City Commission at this point --
Commissioner Suarez: But can I just stop you real quick?
Chair Hardemon: Sure.
Commissioner Suarez: You said something important: "Duly elected. " So you made a legal
sort of presumption that the election is duly.
Chair Hardemon: Right.
Commissioner Suarez: All I'm -- but I --
Chair Hardemon: No. I mean --for instance, the thing that he --the part --
Mr. Gibbons: It's sim --
Chair Hardemon: Let me finish.
Mr. Gibbons: Go ahead.
Chair Hardemon: The part that you quoted, you've talked about the civil -- what is it, Section
36?
Ms. Mendez: It's Section 36 of the Charter, which basically talks about civil service status. And
they're blurring the lines of civil service status, which all of these employees have, versus some
may have probationary status, but they -- you know, that they haven't completed their full year,
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but they still have civil service status. At the end of the day, these people properly voted. But if
you would like to defer it --
Commissioner Suarez: Yeah, I'm not getting (UNINTELLIGIBLE) to that.
Commissioner Gort: (UNINTELLIGIBLE) defer.
Ms. Mendez: -- and then it's fine; or it just leaves -- it stays on the agenda, and it rolls over for
the next time.
Vice Chair Russell: Motion fails.
Ms. Mendez: -- since the motion --
Commissioner Suarez: That's fine. That's fine. I'm okay with that.
Ms. Mendez: So --okay.
Commissioner Suarez: That's -- I'm okay with that. I'm okay with that.
Vice Chair Russell: You're okay with what?
Commissioner Suarez: He's -- if we take no action, it rolls over to the next --
Ms. Mendez: Yes.
Commissioner Suarez: It's the same --
Mr. Hannon: Sorry. Chair, no. According to the Code, if you take no action, it rolls over to the
next like meeting, so that would be the second meeting in May, May 26.
Commissioner Suarez: So would you like for me to make a motion to reconsider the motion to
defer for two weeks?
Mr. Hannon: No need to reconsider.
Chair Hardemon: You don't have to reconsider; you could just --you can move again.
Mr. Hannon: Yes, sir.
Commissioner Suarez: Wait. So I move to defer to the next meeting.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded. Is there arty further discussion?
Hearing none, all in favor, say 4ye. "
Commissioner Suarez: Aye.
Vice Chair Russell: Aye.
Commissioner Gort: Aye.
Chair Hardemon: All against? Nay. Motion passes. Moving on.
RE.8 RESOLUTION
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16-00523
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS
Attorney (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH CORNERSTONE
RESEARCH FOR THE PROVISION OF EXPERT WITNESS RELATED
SERVICES, PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND RETROACTIVELY AUTHORIZING
THE EXPENDITURE OF FUNDS FOR SAID PURPOSE; ALLOCATING SAID
FUNDS FROM NON -DEPARTMENTAL ACCOUNT NO.
00001.980000.531010.0000.00000.
16-00523 Memo - Office of the City Attorney.pdf
16-00523 Memo - Budget Sign-Off.pdf
16-00523 Legislation.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
R-16-0211
Chair Hardemon: Moving on to RE. 8.
Gene Gibbons: Thankyou.
Victoria Mendez (City Attorney): Commissioners, this item has to do with a retroactive
agreement, authorizing the City Manager to enter into an agreement with Cornerstone Research.
This is for the provision of expert witnesses, related to the SEC (Securities and Exchange
Commission) matter that we will be in litigation in August. We need the expert --
Commissioner Suarez: Move it for brief discussion.
Chair Hardemon: Been properly moved. Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: Secondedalso. Discussion.
Commissioner Suarez: Just to clarify, Ms. Attorney, I think what you meant was this is needed
for the trial?
Ms. Mendez: It's needed for trial, yes.
Commissioner Suarez: Right. And so this matter is --
Ms. Mendez: Expert accountant.
Commissioner Suarez: -- coming to a conclusion in terms of the costs and the fees that are
involved in this --
Ms. Mendez: The --
Commissioner Suarez: -- presumably.
Ms. Mendez: Yes. Presumably, the trial is set for August 22, approximately, and this will be
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basically ramping up with regard to this item to come to fruition, hopefully, in August or
hopefully before.
Commissioner Suarez: Okay.
Ms. Mendez: But we need to hire this expert witness, who's been basically assisting its from the
beginning,- and now for trial purposes, we need to finish up and tidy up all the loose ends.
Commissioner Suarez: Thank you.
Chair Hardemon: Any further discussion? Hearing, all in favor, say aye."
The Commission (Collectively): Aye.
ChairHardemon: Motionpasses.
RE.9
RESOLUTION
16-00420
District 2 -
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE
Commissioner Ken
CITY OF MIAMI COMMUNITY ADVISORY BOARD TO PROVIDE OVERSIGHT
Russell
AND FEEDBACK TO THE CITY OF MIAMI POLICE DEPARTMENT ("MPD")
AND THE INDEPENDENT REVIEWER PURSUANT TO THE TERMS OF THE
AGREEMENT ENTERED BETWEEN THE CITY OF MIAMI AND THE UNITED
STATES DEPARTMENT OF JUSTICE RELATING TO THE OVERSIGHT OF
THE MPD'S PRACTICES AND POLICIES CONCERNING THE USE OF
DEADLY FORCE; STATING THE BOARDS MEMBERSHIP SELECTED BY
INDEPENDENT, NONPARTISAN CO -FACILITATORS KATY SORENSON,
PRESIDENTAND CHIEF EXECUTIVE OFFICER OF THE GOOD
GOVERNMENT INITIATIVE; MARIBEL BALBIN, PRESIDENT OF THE
LEAGUE OF WOMEN VOTERS MIAMI-DADE; HILTON NAPOLEON,
ATTORNEY AND COMMUNITY ADVOCATE, RASCO, KLOCK, PEREZ, &
NIETO, P.L.; AND LEROY JONES, EXECUTIVE DIRECTOR OF NEIGHBORS
AND NEIGHBORS ASSOCIATION; STATING THE BOARD'S PURPOSES,
POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING,
QUORUM, ASSIGNMENT OF PERSONNELAND PUBLIC NOTICE; AND
PROVIDING FORAN EFFECTIVE DATE.
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be
ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0206
Chair Hardemon: At this time, I'll call our attention to our time certain, RE. 9, establishing a
Community Oversight Board.
Vice Chair Russell: Thank you.
ChairHardemon: Vice Chairman.
Vice Chair Russell: Thank you, Mr. Chair. In coming in compliance with the DOJ (Department
of Justice) settlement, one of the terms that we create a Community Oversight Board, and we had
some discussion about that, and how to do it, and I think we have here a solution that I wanted to
share with the rest of you and hear from those who are helping us put it together and open it up
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for discussion, see how we are about that.
Chair Hardemon: I'll open up the floor for public hearing at this time.
Katy Sorenson: Okay. Good morning, Mr. Chair. It's a pleasure to be here at the City, and
fellow Commissioners.
Commissioner Carollo: Mr. Chair, in the meantime, I move the item.
Chair Hardemon: Been properly moved. Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: And seconded by the Vice Chairman.
Ms. Sorenson: Great. Okay, I'm Katy Sorenson. I'm the president and CEO (Chief Executive
Oifficer) of the Good Government Initiative at the University of Miami, and I'm joined here by my
colleagues, who I'm going to introduce in a minute. We're here asking for your support on this
resolution, sponsored by Commissioner Russell, and we're here to volunteer. So why this
concept? The concept is -- it's independent. It reduces politics. It meets the criteria that's laid
out by the Department of Justice, giving you the mechanism you need to recruit an appropriate
representative, diverse, attentive, and robust Community Oversight Board. And I'd like to
introduce two of the members of our team: Maribel Balbin, who's a professional administrator
and the president of the League of Women Voters at -- and board member of the Florida League
of Women Voters, long-time community activist -- I'm sure you know her -- and she serves on the
Board of the Cuban Art Museum and is the former chair of the Miami -Dade Commission for
Women. Leroy Jones is also no stranger to any of you, I'm sure. He founded the organization
Neighbors & Neighbors Association and has been responsible for the upgrades for many a small
business around the County and in the City. He knows the City of Miami well and has been --
and has the pulse of the community. Hilton Napoleon is an attorney with the firm Rasco Klock
and works in the areas of civil rights violations, post -conviction relief, and complex civil
litigation, among others. He has defended many youths on a pro Bono basis and was an
Assistant State Attorney, and he has many ties to the community through his volunteer work.
Julia Dawson I want to recognize; not as one of our co facilitators but as someone who really
helped us get the ball rolling on this, and she's known to all of you as a long-time community
activist in the areas ofsocial justice and human rights issues; and we have some other
supporters here as well. Among us, we have the capacity to identify and select a group who will
serve you, the City of Miami Commission, and its citizens. We have -- we know the
organizations, we know the community leaders, and we will be able to compose a group which
will make you proud and will be committed to meeting the goals as laid out under the -- as laid
out in the agreement between the U.S. Department of Justice and the City of Miami regarding the
City of Miami Police Department under the heading "Community Oversight. " We ask for your
support, and we'll be happy to answer any questions.
Chair Hardemon: Arty further statements from anyone? All right, so I'm making it clear, I'm
closing the public hearing. Okay, yeah.
Commissioner Gort: I knew this.
Jeanne Baker: Thank you for the warning. Jean Baker, a resident of the City of Miami and here
on behalf of the Coalition of concerned Miami organizations that have been focused on police
shooting issues for several years, and we've appeared in front of you many times; and also on
behalf of the ACLU (Americans Civil Liberties union) of Miami. Just want to tell you that those
organizations, the Coalition andspecifically the ACLU of Miami, totally support this resolution.
We think it's an elegant solution to what could otherwise be a complex problem, and if it is
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embraced by this Commission, which I hope it will be, it will set up a system where the members
of the community at large will really feel that they are being included and that their voices will
be heard and it's a system that I think has great merit to it, and 1 just want you to know we
endorse it. Thank you.
Chair Hardemon: Thank you very much. Mr. Brown.
Brad Brown: Thank you, Commissioner, honorable Commissioners. My name is Brad Brown. 1
am currently the president emeritus of the Miami -Dade NAACP (National Association for the
Advancement of Colored People). The NAACP was one of the earliest supporters of having a
Federal investigation and oversight on this issue with the City of Miami Police. Recognizing
that there were issues of cost, and it would be unlikely to have the full scope of oversight that has
happened in other cities, we fully supported the idea that you could -- that a citizens committee
of citizens of Miami who would know what was happening on the street, as well as an auditor
who would come in and look at all of the records in the Police Department would be essential to
having this work. Now -- and we were very pleased to see that the City agreed to and the Justice
Department agreed to establish such a committee. Having established such a committee, then it
is critical that a committee be composed of the people who could really do the job, and the
NAACP has full confidence that this article today will establish a procedure for having such a
committee that will make this monitoring effective and something that all of Miami and Dade
County can be proud of. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized.
Javier Ortiz: Morning. Congrats on your marriage. Javier Ortiz, 710 Southwest 12 Avenue.
I'm the president of the Miami Fraternal Order of Police. I don't even know where to start, but
I'll start with this: I don't think the City of Miami Police Department can be any more
transparent than they are now. We had a fatal shooting at 2:30 in the morning, and that's
probably why myself and the Chief and a couple other staff members look so tired. I don't think
there could be any more transparency. We've gone through the United States of -- you know,
we've gone through the DOJ process; it's been very transparent. We already have the CIP
(Civilian Investigative Panel), which we're not the best of friends, but we get along. And now to
put another committee, another board, another oversight committee, I think is an overkill. I
don't know if the individuals that are going to be assigned to this committee are City of Miami
residents; I think they should be, if anything. I also have an issue in the fact that we already
have an oversight board. I don't understand why the CIP can't be the ones that can handle it.
And as we've known in the past with any -- we've seen in the past with any committee, sometimes
there's issues, and these individuals would not be able to be withdrawn from that committee
because they're not appointed. There's absolutely no authority or right of the City Commission
to have -- take those people in or out or if we need to get afresh start. And there's also the
money aspect. I'm sure they're going to need some type of liaison. They're probably going to
need somebody from the City Attorney's Office. And I would much rather see the Civilian
Investigative Panel, which we already fund, which is already made up of City of Miami residents,
which has been established, which there is somewhat of a relationship with the Fraternal Order
of Police and the City of Miami CIP Board, so that's -- that is my request. I really don't
understand why we need, you know, another oversight board. We have a drastic decrease when
it comes to police -involved shootings. The FDLE (Federal Department of Law Enforcement) is
the one that's investigating it. I'll be more than happy to text message you the next time we have
a shooting so you can see how seamless the process is. The Florida Department of Law
Enforcement is the one that makes the decision; we're just there to deal with policies, meaning
the Police Department, and, you know, just -- now we're going to have another oversight
committee. That's just a -- I think it's excessive.
Commissioner Carollo: Mr. Chairman.
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Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. Mr. Ortiz, I definitely understand your
sentiments. However, the agreement that was approved unanimously by this Commission calls
for this oversight board to happen. It was part of the agreement with the DOJ, and that's why
we're setting it up, and there is actually a time that we need to do -- I think it's sometime in June,
but it actually -- I guess we call it an agreement, and we won't call it anything else, but the
agreement with the DOJ.
Mr. Ortiz: It's like a Technical Assistance Letter.
Commissioner Carollo: Yeah.
Mr. Ortiz: I'm well aware of what the Technical Assistance Letter said. The FOP has been in --
very, very supportive of the actions of the U.S. Department of Justice. The City of Miami has,
again, bent over backwards. And you're absolutely correct; by June, a committee needs to be --
Commissioner Carollo: Right.
Mr. Ortiz: -- put together. However, you have the power to decide who sits on that committee. I
don't understand why it can't just be a subsidiary of the CIP, which we already fund, we already
have people there. There is some guidelines and control that the Commission can actually put in
their input in the event that there's an issue, and so that's why I am respectfully asking for the
appointment of those positions to be City of Miami residents, who should have a vested interest
here in the City, and it should be the CIP. And the other thing is, you know, right now we're
going through Charter Review and the ordinance changes regarding the CIP, which I'm also
participating in, and I want to make it as seamless as possible. Again, I understand that,
Commissioner, you need to put the committee together. However, it doesn't have to be people
from FIU (Florida International University) or from wherever. We can use the same people that
we have now, that we have already some policies and controls set to ensure that in the event that
we have some type of issue, we'll be able to tackle it immediately, and it doesn't turn into a
long -out show.
Chair Hardemon: Vice -- well --
Commissioner Carollo: Just a follow-up. So what you're saying is, Mr. Ortiz, that you want the
CIP Board to act as this board to oversee the agreement and the policies that we're doing now.
So what you're saying, the same CIP Board should act as this same board?
Mr. Ortiz: Yes, because the Commission has the exclusive control to change that board if there's
an issue, and you're able to enact, you know, policies and procedures. We don't want the
oversight board at all, because we think with the -- the fact that the CIP has now been existing
for quite some time, the fact that the DOJ and the City of Miami entered a Technical Assistance
Letter, the fact that we've been so transparent, the fact that the Florida Department of Law
Enforcement is one that's making decisions on these criminal matters, it's not really needed.
However, we understand -- the FOP understands that this is something that is now mandated
that the City of Miami entered; and so we're asking, if that is the case, we would much rather it
be the Civilian Investigative Panel.
Chair Hardemon: Mr. Vice Chairman and then Commissioner Suarez and then Commissioner
Gort.
Vice Chair Russell: Thank you very much. I do understand where you're coming from. Nobody
likes too much oversight, but why we're here is to -- the whole reason we've come to this point,
everything that's led to this, the DOJ, everything is to regain the trust of the public. And if
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everything you're saying is correct, that we are on the path to doing everything correct, we've
already complied with so many of the DOJ's requirements, this is the cherry on top that's going
to show the public, without influence from us, without a board member that we control or can
remove if we don't like what they're saying --this is an independent board. The CIP and the CRh
(Community Relations Board), they have their tasks, and this is not yet another just general
over-- this is a laser focused board specifically for the DOJ requirements; and once we've met,
once we've complied, this board could sunset, in and out, or they could reform for another
purpose or whatever. But the CRB has a job. The CIP has a job. This is different. And we
actually had discussions on whether or not the Commission should be providing the appointees.
I didn't want that. I wanted the community to create this board. I wanted this to be an
independent board that could not have influence from us. And, in fact, the original board was
drafted to include our appointees, and it was made so big so that our appointees couldn't
overweigh the entire committee. They were putting all these --and I said, why don't we just take
out our voice in this, because our voice is in all the part of compliance. The report card we get
at the end has to be clean, and it has to be trusted by the public, and I think this is the best way
to do it.
Mr. Ortiz: If I can --
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. I'm sorry. I'm trying to --I'm like the Mayor. I'm
on the media here, and I'm on a conference call at the same time, so I apologize. I think the idea
of them being City of Miami residents everybody can agree with, so I think that's a good
suggestion. I would also suggest that you consider -- I'm not saying you should, but you
consider potentially the CIP being the board of playing some sort of a role. The CIP has not
only the role of seeing the individual complaints that are brought before it, but I think it has an
overarching public policy role, which is to address matters that go to pattern, practice, and
things of that nature. So I think -- you know, one of the things that I've talked to all of you about,
particularly with regard to CIP reform, is that the CIP's not funded suff ciently, and the Charter
Review Committee has tasked me with bringing an ordinance requiring a minimum level of
funding; so maybe in conjunction with the minimum level offunding, if we're going to task them
with additional responsibilities, such as the ones that we're looking at here, which go to more
public policy issues and less individual complaint issues, I think over time, the CIP has been very
focused on the individual complaints for good reason, because they've had to deal with those
things, and haven't had as much time and energy to deal with maybe some of the overarching
issues. So I'm --I think it's something you should consider. I'm not saying it's something that
you should do, but I think it's something that you should consider.
Chair Hardemon: Well, Commissioner Suarez --
Commissioner Suarez: Yeah.
Chair Hardemon: --I must add that -- and I don't find myself-- well, I found --I don't find
myself agreeing with our dear president of the FOP very often; sometimes we do, but this is one
of those times where, you know, his statements actually -- you know, they ring a bell, and I think
that's why it's always good to listen to the minority opinion about things. The CIP is a board
that's been around. It has its task. I haven't heard of a sufficient reason why we should not give
this authority to the CIP. I think that it would strengthen the CIP. The CIP has -- was fought by
the FOP in its establishment, and the CIP has people on it that are members of our community.
It has stakeholders that participate that mean goodwill for our community. And every one of
these individuals that are before us -- well, not -- maybe not every single one of them -- but has
advocated to strengthen the CIP, so creating another entity to do the job that I think the CIP
could do, it does seem redundant to me. And I also believe that, you know, the CIP -- I mean, we
talked about funding -- minimum level offunding, but the CIP does have funding for their
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attorney. They have fund -- they -- all the -- basically, the bells and whistles, the mechanics of it
all has been worked out. And so seeing something that's so closely aligned with this purpose, I'm
trying to understand why it would be necessary to start another board, rather than have the
existing board that deals with police actions be the one that enforces this agreement. You're
recognized, sir.
Vice Chair Russell: I visited and met with the CIP. I don't believe they have the funding or the
resources to do this to the capacity it needs to be done in a way that's going to be fully respected
by the community that we have met all the DOJ requirements. And in addition, obviously, those
appointees are also ours, and that's part of what I'm trying to accomplish here, is create an
independent board that can solely work on this. The CIP's job is to investigate issues, and
they're doing that. To take them off of that to then see are we complying with the DOJ -- they do
understand it very well, and I actually -- I like the idea of collaboration, and perhaps, there will
be a CIP member on your board or a CRB member on your board so they can continue to bring
the input and learnings that they have over their years of experience in dealing with these types
of issues: But I definitely don't see the manpower available there at the CIP, and the funding
available therefor them to do this well.
Chair Hardemon: That's part of -- and I'll --
Commissioner Suarez: Yeah, I know. I was just going to --I think you were going to go where I
was going, which is that, you know, they are requesting as part of the independent counsel's
report on the CIP's functionality a minimum funding level, and I've been tasked by the Charter
Review Committee to propose that minimum funding level. So it's a significant increase as a
minimum funding level, which might give them the bandwidth to deal with this issue, and so I
think it would be interesting if you can marry those two issues, because you would accomplish
giving them a minimum funding level that they have asked for and deserve with some additional
responsibilities to not have too much layering on this issue.
Ms. Baker: Could I be recognized?
Chair Hardemon: I always try to give people -- I'll allow you all to speak, sure. No problem.
Ms. Baker: Thank you very much. As many of you -- as the Commissioners know and many
people here know, in my capacity that I've already described, I've spent a lot of time working on
and being a booster for the CIP, and I think that the comments of recognizing its importance in
the community that I'm hearing today are very uplifting and inspiring. I agree with the
assessment that it is now not -- the CIP would not have the capacity to expand its workload with
its current funding and current resource situation, but I want to point out that there's a very
important role that the CIP can and I'm sure will play with the advisory board, as described in
the DOJ agreement, which is that the CIP will be a source of information, and I've already had
communications with the facilitators of -- the proposed facilitators for the proposed advisory
board, and very much -- it is an awareness that the CIP has an awful lot of very important
information, and that information should be and will be shared with the advisory board on a
regular basis. But as several of you Commissioners have pointed out, the very laser focused set
of requirements that this advisory board has to comply with and implement are differentfrom the
tasks that the CIP is mandated to do; the investigation of individual complaints, the review of
policies. This is a very big job for the CIP. And the laser focus of this advisory board is to look
at very specific provisions in the settlement agreement that focus on use of force and -- excess use
offorce and ways to make sure that doesn't re -arise, and that is different from the function of the
CIP currently.
Chair Hardemon: So help me understand, because when you say the information that will be
pass -- you're saying information will be passed from the CIP to you. So part of what comes to
mind -- what comes to my mind is why have that relaying of information? Why not the CIP --
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well, let me finish. Why not if the CIP has that information be able to act on the information that
it has? And then the second part will be this: You know, when someone tells me that this is a
laser focused job, to me, I think that great. Now I know that -- I know specifically what it is that
I have to do. If it was giving a more generalized bit of responsibilities, a number of different
issues that it must tackle, then I could say, "Okay, well, maybe they don't have the manpower to
do it, " but if it's given some specific tasks that it needs to complete, I would think that with
additional resources that they will be able to handle the responsibility, because the way that I see
it is they're smart, talented, abled-bodied people. And so the question will be why is it a group of
four or five individuals; why should they select another 13 individuals to do the role that the CIP
could handle?
Ms. Baker: Well, I agree that the CIP panel are smart, capable individuals, but they have a very
broad -ranging workplan right now that they're under -resource to perform, and their -- this
laser focus job is a real job, and it is entirely separate from what the CIP now does. And the CIP
has trouble getting its members to fulfill the qualms for all of its committee meetings. The CIP
has a very big workload, and it will be -- it will inform the advisory board as all -- any citizen or
any representative of the community will be able to go before the advisory board and share its
insights and comments. But the work itself that is mapped out in the DOJ settlement agreement
is really a different work plan from the work of the CIP, and I think that the comments that have
been made by some of your fellow Commissioners are actually very accurate. The CIP has its
hands full, and it has a very specific mission. The mission of this advisory board is different, and
it -- in order to fulfill what DOJ and the City have agreed upon, I don't think that it can be done,
except by an advisory board that's designed to do what is in the agreement.
Chair Hardemon: You're recognized.
Julia Dawson: Yes. Julia Dawson, 1701 Southwest 4th Avenue, in Miami. I just want to clam
one thing that's been part of this discussion. It is not just recommended, but it is a requirement
of the DOJ that everyone who sits on the Community Oversight Board be a resident of the City of
Miami. That's a done deal, and it's in the resolution. Second, I think what you're really asking
us to do is avail ourselves of the resources that we have, even beyond this committee, to help the
committee do the best job that it can do. I have a long-standing relationship with the CIP, so I'm
very connected to that. I spent all day yesterday in the CIP office. We know that their executive
director is an expert on policing and community oversight. We know that their investigators
have good skills and particular in reviewing police policy and making recommendations, so we
know that they are a resource, and we want to and will use them for all that resource and what it
can add to the job that the COB is doing. It is not necessary to replace the COB (Community
Oversight Board) with the CIP to get those benefits and those advantages. That is our pledge to
you, that they will be utilized in the expertise that they have to make this board do the best job
that it can possibly do in the very mission that it has, which, as Ms. Baker has explained, is very
distinct from the job that the DOJ is asking this board to do. So I'm asking you to please put
your faith in the plan that we've presented, and let them show you how good a job they can do in
carrying out the mandate in the agreement for this body.
Chair Hardemon: So -- I mean, what you described --for instance, I look at the last *hereas"
clause of this resolution, and it says, "The City Commission has deemed it necessary to create
the Independent Community Oversight Board with membership apprising [sic]a broad cross
section of the community to aid in the City's efforts towards compliance with the terms of the
agreement and development of the best policies and practices pertaining to MPD's (Miami
Police Department) use of deadly force. " You described CIP as being -- as having experts -- one
-- at least one expert who is used to analyze police policies and practices. And so I'm trying to
understand if we have this tool that we've been using in the past, what the necessity is to create a
new tool to do the -- to do a similar job? And I ask that because you won't be -- you would need
resources. There's no one here can sit and tell me that you won't need resources from the City of
Miami to do this job. The first thing you're going to say is, We need an attorney. "Right?
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Ms. Dawson: We did not contemplate doing that.
Chair Hardemon: The first thing you will say is you need an attorney, because what's going to
happen is you're going to have people appointed to the body. You may have defense attorneys,
you may have prosecutors, former prosecutors, you may have whomever, but you're going to
want someone that the body itself can depend upon to give them opinions about things, and so
the question will be, Will it be the City Attorney? "Someone's going to say, "Well, no, it shouldn't
be the City Attorney, because that's not an independent person. The City Attorney's going to
look out for the best interest of the City. " And if you're looking at police, deadly force issues is
going to be an issue, and so you're going to want to hire an outside counselor. Once that comes
about, you're going to come to the City Commission and you're going to say, "Well, we need an
attorney to help do this job. " And then you'll need maybe some staff, because all the members
who are on the board, they all have jobs, they all do different things, they're all involved within
the community, and so we need someone to carry out the responsibilities of this committee. And
so now you've added on -- the way that I would see, you've added on attorneys and you've added
on staff, both things that the CIP already have. And so then we'll have an issue where the CIP
needs more resources just to function the way that it should, and then you'll need resources to
function the way that it should. And so why duplicate those services? And that's really my issue
with things.
Ms. Dawson: I don't see us contemplating duplicating those services, in all honesty. We have
not had in any of our discussions -- and we've been discussing how this would operate since
before the settlement agreement was even signed, so we have already gone a long way in trying
to figure out how best to do this, and we have not contemplated any of the things that you're
suggesting. That's the truth. Additionally, the person who currently does that job with the CIP
would then have his job expanded. He is also an investigator. He is one of the two investigators.
So that's going to take resources away from the CIP. This is an all -volunteer board. Our belief
is that we can find civic -minded individuals in the community who can bring the skills that we
need to this board to do the job. We have one attorney who is very practiced in areas that are
relevant to this already as a co facilitator. There is no obstacle --
Chair Hardemon: But the co facilitator isn't a member of the board, correct? The co facilitator
Ms. Dawson: That is correct.
Chair Hardemon: -- is a person that goes out to help seek to find those 13 individuals who are
going to be put on the committee.
Ms. Dawson: But neither would a hired attorney be a member of the board.
Chair Hardemon: So at the end of the day -- what I'm looking at is, can you articulate a reason
why the CIP is a bad choice?
Ms. Dawson: I think that Ms. Baker has articulated that reason. I truly do. Their purpose is
different. Their job is separate. The CIP looks at specific incidents that are complaints against
the specific officers. The agreement specifically prohibits us from doing that, because the job of
the COB is entirely different. It is implementation of the requirements that the DOJ has set out
for Miami Police Department to fulfill. Those do not deal with individual incidents. That is a
broader issue, but also a very focused. And in fact, one of the issues we have discussed is we
need to make sure that everybody who is apart of this understands what that very narrow focus
is. It's not fine. You're sitting on the board, and you're telling us that there are a lot of car
break-ins in your neighborhood, and that that's a problem, and that you would like to see that
addressed. That's not part of this board's mandate, at all. And so we're not going to be looking
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at the variety of things that the CIP is looking at. Our mission is much more, as you've already
heard, laser focused and needs to stay that way. And I think the CIP has to do its job. It has a
job to do that is very clearly defined. And I think the COB needs to be able to do its job, which is
also very clearly defined and is different.
Commissioner Carollo: Mr. Chairman, real quick. You know, andl'm sitting here discussing
with our City Attorney -- discussing with the City Attorney, I think we need to be clear that this
isn't an oversight board. It's an advisory board, where the CIP is more of an oversight board.
And I think here -- I would say, erroneous, but I will yield to our City Attorney -- in RE.9, it
stipulates oversight of the Miami Police Department's practices, and I think it's more of an
advisory, so -- but I'll yield to our City Attorney.
George Wysong: Yes. Thank you, Commissioner. I believe that -- I actually agree with some of
the sentiments that have been expressed by the ACLU and the esteemed individuals over there in
that the CIP and this board have a different role. However, by naming it the Community
Oversight Board, I think they've created confusion that this board is going to be an oversight
board of the Police Department. In the DOJ agreement, it talks about a community advisory
board that will advise the community, will speak with the Chief, will spread the word about what
the status of the DOJ investigation is. Their role is not to be an oversight board, according to
the DOJ agreement; this Commission can assign whatever duties it likes. And so, having said
that, I think it should be called the Community Advisory Board. Should the CIP be the board
that does it? I respectfully disagree with the president of the FOP, because I think they have
differentroles. The CIP investigates. And contrary to Ms. Baker's opinion that the DOJ not
including them was disrespectful of the CIP, I think quite the contrary. This is the most robust
Civilian Investigative Panel you'll find around the country. They're active. They have subpoena
powers. Many Civilian Investigative Panels around the country look to this panel and ask,
"How can we get those type of powers? " Look at the City of Tampa, for example. So, I believe
the Department of Justice recognized that there was a functioning, strong Civilian Investigative
Panel, and that's why they did not mention them in the agreement. The purpose of this board, the
Community Advisory Board, is to communicate what's going on with the Police Department,
what's going on with the Department of Justice. That's their role. And if you look at the four
bullets in the resolution, it talks about their role is to advise, to meet with the Chief, to discuss.
And so --
Chair Hardemon: Mr. City Attorney, there's a line, Section 7, Community Oversight -- it's titled
Community Oversight. "Number 59, it reads that "The City and MPD will have a community
advisory board, " as you described, but it says, "of civilian City residents to provide oversight
and feedback. " Although -- do you think there's a conflict in the language, Providing oversight"
and also being an advisory board? Because I say that to you because, yes, `A, " `B, " "C, " and
"D" seem to lend itself to the advisory board type of application. However, it directly says, "to
provide oversight, " and then you call that section "community oversight. "
Mr. Wysong: Yeah. And, perhaps, it was an oversight on my part to not have the Department of
Justice change that language, because I focused on the paragraphs, what would they actually be
doing; not what the title said. And, yes, of course, they will be providing some form of oversight,
but their real function, their real duties, as had been expressed by the individuals standing there
is that it's to advise. And so I think that if it remains the Community Oversight Board, it will
create confusion. You'll have a Civilian Investigative Panel, a Community Oversight Board. The
president of the union is saying, "Enough already. We've got enough oversight. " The issue is
this board is not supposed get into the feuds. It's supposed to bring the communities together;
bring the Police Department, the DOJ, and the community together.
Chair Hardemon: Okay.
Vice Chair Russell: Mr. Chair.
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Chair Hardemon: One last question, and I know Commissioner Gort has a question, and then
I'll come back to you, Vice Chairman. So Section -- on part 65, underneath that entire -- part 65,
it says that "the City may use the Community Relations Board to fulfill the requirements of this
section of the agreement if they're able to meet the requirements herein. " So is this -- to me,
when I read this part, then it lends itself to this is an advisory board, because the Community
Relations Board is an advisory board that's capable of doing these types of --
Mr. Wysong: Yes, Commissioner.
Chair Hardemon: I know that we have our issues with the Community Relations Board. They
sometimes have trouble finding quorum. They're struggling to find a purpose --I will better
describe it that way -- and this could be a purpose like that, if you're considering this to be
somewhat of an advisory opinion, right?
Mr. Wysong: Absolutely, Mr. Chair, and I agree with you. I was with the Community Relations
Board at the inception. It came out -- the Mayor vigorously supported it. It came out ofElian,
and at the time there was a purpose. There was real tensions among the community. We met
frequently. And then after it was created, we had the Free Trade of the Americas, FTAA. It was
the CRB (Community Relations Board) that was the stand-in between the Police Department and
the community groups. They were able to meet. There's not that tension when a community
group sees a police ojficer, so -- but then we've actually enjoyed a relative period of calm, and so
I believe that's partially why the CRB has lost its way. When we were negotiating with the
Department of Justice, my issue was that we have 243 people on boards. We have 30 or so
boards that we have to fill. I was afraid that this board would prevent us from reaching
compliance because of those very factors: people not being able to attend meetings, lack of
quorum, so we suggested to them for purely efficiency reasons that the CRB could fulfill that
role, because they're already an existing board, they need a reinvigoration, they need a new
mission; let them handle it. Some of -- there's a Civilian Investigative Panel member who sits on
the CRB. There's reverends who sit on the CRB. And I think the CRB could work. We have an
esteemed panel here; I agree. They are the Coalition. They're great people. But I think we also
have great people on the CRB.
Chair Hardemon: Commissioner Gort, Vice Chairman.
Commissioner Gort: Let me ask a question. My understanding, the way I was told, DOJ set up
certain -- about 27 clauses that they would like to see us implement. My understanding is
correct? Out of those 27, I believe we already implemented quite a few of them. My
understanding is they require that we have someone that would directly work with the Police and
DOJ directly. And my understanding is this group that's going to be put together have to work
with Jane Castor, which I believe is the one they had appointed, that's been signed [sic]. And
the work is to make sure that the implementation is being done. Now, my understanding, when
they've talked to me, they talked about, "Well, we're going to go into the public to see if this thing
is working. " And whatever implementation we do, I think it's going to take a while to make an
impact in any one community. So this is something that we really need to look at it, because I
was told differently when I spoke with the group. Now, originally, when these -- we were going
to sign that document, most of you people were here and wanted the CIP to be it. And we
discussed it, "Well, the CIP might not be the one, " so I don't know.
Chair Hardemon: Mr. Vice Chairman.
Vice Chair Russell: Thank you very much. I'm willing to amend the resolution to change the
COB to the CAB, Community Advisory Board rather than oversight If that would appeal to the
others, because it's true, 5versightImplies a certain amount of teeth that this board would not
have. This is an advisory board. This is -- this is a board that's really come at a good time, and
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time is of the essence here. We have the 90 -day window with which to comply, and this group of
volunteers has come forward to help us with this. I'd really study whether we should use CRB or
CIP, and at first, I actually thought that was the way to go, and then I realized how their mission
creed could extend what they already look at, the different things that they focus on. This will
come and go with the DOJ settlement, but we need to comply with the DOJ settlement in a way
that the community sees as compliant; openly, transparently, ethically, everything, and we have
it here in our hands. I am looking to my Commission to do the right thing in this sense and
comply to the fullest extent. Go beyond what's being asked of us, and create a board specifically
to comply, to show compliance, to give us an "A "plus on that report card that cannot be argued
with by any sense, by who is appointed to the board, or what controls we have as a city on that
board. The DOJ's not in this board, so the City should not be in this board. This is an
independent board of community -- interested community volunteers, and they're not going to
slow the process down. They're going to give their insight. But at the end of the day, they're --
we're going to have a clean report card. We're on the final stretch. The finish line's in sight. We
need to do it right. We need to do this in a way that's completely transparent and compliant.
Chair Hardemon: Mr. Vice Chairman, your argument, it moves me, so -- I mean, I'm ready to
move forward with the vote. I know we closed the public hearing, and if --
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: I know --
Mr. Ortiz: Commissioner, if I can just say one more thing? This really -- this directly impacts
my police officers.
Chair Hardemon: Let me -- no, I understand. So what I'll do is this: You had an opportunity to
speak. The two individuals behind you have not had an opportunity to speak on this issue. If
you let them have the lectern so they can have their two minutes, and then we'll move forward.
Renita Holmes: Thank you, again. Madam Holmes with WOW, particularly WAVE (Women
Against Violence Epidemic). And maybe some interesting information will be -- I agree with you
100 percent, and I'm glad you're having this dialogue, but as a participant, it's really important.
Out of nine -- out of 10 referrals, walk-in, ride -in, trolley -in, bike -in to the CIP, we have to have
community support, and some of those that are here, community supporters, when facing
arbitration or -- as you know me, myself, just keeping it on (UNINTELLIGIBLE) one, andl
appreciate the two minutes. I'm talking from real experience. I'm a volunteer. Being that
paralegal that assists a person with handicap or PTSD (Post Traumatic Stress Disorder),
needing one myself because of my actions and sometimes my responses in public hearing and
places -- I have a great relationship that I could just walk up to my Chief. I got to give it to him,
that, but with my CIP, you know, I don't find that community base. It's civilians from the
community with expertise, devoid of support services to anyone that has a complaint a majority
of the time, which are women that have been battered or complainants that may have been
battered,- don't have the educational level, so they're involved anyway. Half of the women that
come, they say they had a problem. Half the people with handicaps say they have problem. Half
of my problems, I have to go see one of them at least -- very least, so 9 out of 10 throughout the
several years, and I'll give you a fine example, and then I'll close, Commissioner, because this is
what WAVE does, and I've never gotten any resources. And you could see the frustration and the
wear and tear it is on me; you would mistake that I'm some radical person, but riding on trolleys
and having rides of trolley directors on the CIP is a conf ict for me. Having an investigator
that's sitting there, giving them information, and they're saying I don't have adequate
information, because that investigator's so overwhelmed and goes out, not 10 p.m. in Overtown
to a shoe man store, which, by the way, is deceased. You go at 10 p. m. to Overtown? So having
the cultural competency is important when you define community. "Lastly, a community policing
is different. The gentleman who created the theory of community oriented policing, I
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(UNINTELLIGIBLE) and Department of Justice, (UNINTELLIGIBLE), and Smith and all of
those, and even some from the State Attorney's Office, is that community is community. It allows
the community, who's doing something, to give oversight that the average civilian would not
have; that you would not have, if you were appointed, that the civilian would not
(UNINTELLIGIBLE) or another attorney would not have with or without conflict. It extends
this. And so, if they're a volunteer at this point, they would show you that there's an increase in
participation from the community; that there's an increase of prevention of litigation, which is a
line item that's still at cost, and there is support intervention for those who are making the
complaint, which we are entitled to, which at the this time, the CIP does not provide, and so they
say community oriented policing, let it be community oriented. CommunityT annot be defined by
one person attached to the CIP, but I'm going to tell you, as the only person that's in the
community that has the gall, the courage; damned ifI do, damned ifI don't take you -- say you
got a problem with a police officer, and some police officers have problems; clearly, even a
Mayor may even have a problem. Nobody wants to feel intimidated, harassed, stopped, or
abandoned when they do that, and I think this addresses the issue of fairness, and I just wanted
to hand it -- but realistically, when you do advocacy, direct referral, or support and education,
and you're the person or the service provider that does not have attorneys to back you up or a
coalition or a network that provide the social services, that's an imbalance. And the only people
that actually benefit from CIP -- (UNINTELLIGIBLE) attending (UNINTELLIGIBLE) -- are
those who have attorneys, and I'm just going to keep it real --its white privileged people. They
come before you, they talk to them, and that's it. I don't -- I can't afford an attorney, so give me
my advocacy, give me my legislators, give me my mental health, give me my
(UNINTELLIGIBLE) expert, give me an attorney, give me my justice affiliate, and give
yourselves a great partner.
Chair Hardemon: Thank you so very much.
Ms. Holmes: Thank you.
Chair Hardemon: Thank you.
Brenda Betancourt: Good morning again. Brenda Betancourt, 1436 Southwest 6th Street. I
guess a lot of the issues that I was going to present to you or explain to you has been already
addressed, but just the simple fact that I have to address to my Commissioner for me to stand in
this mike, it prove the point: the community, the person that is not a badge, that is not
investigator is the one that need to be in that board. Because I do not need to ask you,
Commissioner, for him to move and let me speak. I am the citizen. Every police, because he has
a badge, have more power than me, then what's wrong with our system? And that's what the
reason that we are in this mess, and what is the reason that these people have to volunteer and
put this board in place. I love police. I work with all of them. And I have to thank the Chief.
My new commander that I have in Little Havana, I love him, and I go beyond to help him on
anything that he might need. But it's just because they are police, they think that they are not has
to be responsible for their action is wrong. That's why the community has to be involved, and
that's why the CIP cannot be the board who does this type of litigation or oversight or
community advisory. That's the reason they are in the trouble that they are. If they don't want to
realize that the only thing we're trying to do as a community and be part of the board is to fix the
problem, then that's the reason you need to have a new board that don't have nothing to do --
attach me directly with them. I love them. They do a tremendous job, but we have to realize that
some of them, they don't, and having a badge doesn't give you the right to do what you want.
Thank you.
Chair Hardemon: Thank you very much.
Mr. Brown: Mr. Commissioner. could I --
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Chair Hardemon: Mr. Brown, I will tell you this: There's a term [sic] called `grabbing defeat
out of the jaws of victory, "right? We know that we have along meeting ahead of us. You've all
made your point very well. I always push back, especially when I'm speaking to individuals that
do good, because sometimes it's necessary to push back, because maybe this step was the wrong
step, or this might step might be the right step. So --
Mr. Brown: Yeah, but this is based on the (UNINTELLIGIBLE) Committee, which I served on
for the judge.
Chair Hardemon: Right.
Mr. Brown: And I also serve on a State Advisory (UNINTELLIGIBLE) Civil Rights Commission.
This is envisioned as a committee of the monitor. It's the monitor who is the oversight person.
This is an oversight committee; only that it tells the monitor what is going on. The monitor is the
person -- the (UNINTELLIGIBLE) Committee in the schools that I served on, we didn't require
lawyers, so I don't think you have to worry about that. And I think we need to focus that this is
the eyes and ears of the monitor that's been appointed, so that person has the eyes and ears
looking -- giving them the information, as well as community, the information on what the
monitor is doing. Thank you.
Chair Hardemon: Thank you very much, sir. I appreciate that clarification. What I'm going to
do, I want to get us out as soon as possible so that we could have a full lunch break, because I
know we have a long evening ahead of us.
Vice Chair Russell: Thank you. It's just about the amendment, Mr. Chair.
Chair Hardemon: Yes, sir.
Vice Chair Russell: There was one other typo amendment. I believe it was a typo and not
intended. The renewal of the board is based on a four-fifths, and it should be a majority simply.
That was the only other thing. And then, of course, the changing of the name to "Community
Advisory Board, " rather than "Oversight Board. "
Chair Hardemon: Will that -- Mr. City Attorney, is that a -- I wouldn't consider it a typo. I
mean, that's a major change.
Mr. Wysong: Well, this is a resolution; it wasn't noticed, so it's okay to make what change you
prefer.
Chair Hardemon: Okay.
Commissioner Carollo: Yeah.
Chair Hardemon: Does the seconder agree to that?
Commissioner Carollo: Yes, to both items that Vice Chair said.
Chair Hardemon: Okay. Commissioner Gort.
Commissioner Gort: My understanding is this group here, they're going to have the selections of
the individuals that going to be part of that board. They going to go across all kind of
(UNINTELLIGIBLE) community individuals that going to be able to propose their names. There
also going to be organizations going to be proposing their name, then they would have to come
back to us. What I want to make sure -- because one of the things that happens with boards in
the City of Miami, you have a mission, but sometimes they try to go beyond their mission and try
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to create other things. This is a very specific -- your job -- my understanding, this committee's
job is to get together with Jane Castor, who's the one responsible (UNINTELLIGIBLE) DOJ,
who -- the one who's going to be working with the Chief and DOJ to make sure that the -- what
they're requesting of the -- of our police is being done. Measurement is being taken. Already, we
see what the Chief had done so far, and he had made some changes. So I want to make sure that
the committee understand what its work is, because a lot of time people confuse what the target
is.
Chair Hardemon: I mean, I completely agree with the Commissioner, and that's why, you know,
I didn't want to duplicate any committees. All of you standing together is a good team, but I
understand that you're not on the board.
Commissioner Sorenson: We get that.
Chair Hardemon: Right. Okay. So we just want the board to do its work that was proposed by
the agreement, and that's how we'd like to move forward. You're recognized, sir.
Commissioner Carollo: Yeah. And Mr. Chairman, and that it's representative of all communities
in our City.
Chair Hardemon: Right.
Commissioner Suarez: I would just reiterate that it be City of Miami residents.
Commissioner Sorenson: Right, has to be --
Commissioner Suarez: And—
Commissioner
nd--
Commissioner Sorenson: --per the DOJ agreement.
Commissioner Suarez: Per the DOJ agreement. And again, I know Ms. Dawson doesn't want to
hear this. Even though she doesn't want to hear it, I'm going to repeat it, because I think she
might want to hear it, Ms. Baker. You know, the minimum funding level of the CIP is important.
It's something that we're going to be bringing as an ordinance. And if the CIP, which has
traditionally been an organization that has dealt with matters ofpolice misconduct on a
case-by-case basis, rather than as a public policy body or as a body that promotes changes on
the public policy level, may -- this may be a good opportunity for CIP to do things that are
greater in scope than what it's been traditionally doing, which could actually give more
legitimacy to the CIP, and with more funding; so, you know, you have funding which, right now,
I don't think this board has; and you have, you know, a board that's been functioning that we're
trying to support. It was on life support, and we're trying to give it more and more support. So
sometimes giving it more responsibility is a good thing to show that it can be flexible and agile
and deal with a variety of other topics. I'll leave it at that.
Commissioner Gort: Also, I think we have shown that we want to really make sure that the CIP
is independent, that they don't have to depend on us, okay?
Commissioner Suarez: That's why we're doing independent funding source.
Chair Hardemon: Chief.
Commissioner Gort: Call the question.
Rodolfo Llanes: Thank you, sir. I'll be as brief as possible. Rodolfo Llanes, Chief of Police. I
just want to lay some of the groundwork to -- I think there's some misunderstandings as to what
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this board is supposed to do, and l produce a report -- or the Chief of Police will produce a
report as to the changes or the compliance with the agreement. The reviewer will review police
technical knowledge -- with her knowledge, will review as to legality and all those things; is it
proper police procedure, all of these things. That reviewer will then report to the DOJ, and I will
report -- the Chief of Police will report to the DOJ. The function of this board is to weigh in to
DOJ as the community's feeling or input as to how this is happening. And so they are supposed
to be a vehicle to bring community concerns to the Chiefs o ice for me to say, "This is how it's
being implemented, " and them to take that information and push it out into the community. That
is the function of this board. And so my only reservation is that I have to report, and I cannot
send a -- I will not -- let's not say, `I cannot" -- I will not send a report saying that I was not
able to accomplish a portion of it. And so I will find a way, at least at the first report -- to find a
board, if this is not ready, to do this function for the first report, because I will not -- I have a
moral obligation to do the heavy lifting for this agreement before I retire, and so I will do that.
And so I hope that this comes together in time, that we can do that, but if not, I will find another
way to do this with another existing board, which I think we have plenty of them around that -- to
have that function of reaching out to the community, reaching back in to me, and so thank you
for giving me my couple of minutes.
Chair Hardemon: You know, colleagues, we have that time where we talk about snatching defeat
from the jaws of victory, right? So five minutes ago, I was ready to vote, move this thing forward
and get out of here, and then -- when you reiterated your comments -- and hearing what the
Chief has had to say, it just makes me think about, okay, so if the CIP, for instance, has broader
duties, it's a real oversight board, could it handle the function ofgiving advice? Because they're
already hearing the issues from the community. They're already hearing complaints from
constituents about police activities. And so having that information, could they then say with
additional resources and -- We want to give you advice on all the things that we've been hearing,
because, yeah, we didn't sustain '=- or *e sustained this cause or this action against this officer,
but because of what we learned from this, I think that the policy should be X ' 'Y,' and 'Z.
Commissioner.
Commissioner Suarez: So to your point, I think the CIP -- and correct me if I'm wrong -- hears
over 400 cases of officer -involved complaints on a yearly basis. That's more than one a day. So
they have a very robust sort of sample size of what are the issues related to police officers'
interaction with the public, so that's kind of where I'm coming from with this. Whoever you
constitute as a board, if they're not the CIP, doesn't have that same level of intense interaction
with our department, and they have to sort of analyze these things in a vacuum. That's just food
for thought.
Chair Hardemon: No. I mean, I -- what you're saying is extremely compelling, because they've
heard the details of all of these actions; not just a general knowledge of this is how the police is
-- acts, but specifically, this is how it acted, and in the aggregate, this is what the --
Commissioner Suarez: Can I follow-up and just say this? When they came before us to get this
delegation of authority, I said that I imminently trust this composition of the panel. I would
supplement that by saying, I trust it even more now that the panel has been expanded to -- so I
trust you to analyze this as an option. I think we've made some very compelling arguments as to
why it should be an option. I think the Chief just made a very compelling argument as to him not
wanting to be delayed So I leave it to your discretion. I trust your discretion. But I think we're
giving you some very strong and compelling argument as to why it could be done this way.
Vice Chair Russell: Mr. Chair.
Commissioner Suarez: And it's the fun -- and then there's a funding component to it, which I
think is a big factor as well.
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Commissioner Sorenson: Right.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: I'm going to be very much in favor of increasing funding for CIP as that
comes, but we don't have time to do that right now. And you know who's not here begging for
this job is the CIP; they've got a lot of to do, but who is here is a group of volunteers who are
helping us get this done. And I would say, if they don't -- if they aren't ready to meet the deadline
and it comes, yeah, let's do what we have to do and appoint the CIP, but I have a feeling that this
group is going to move very quickly, as they've already shown. I mean, they've gone from
Commissioner to Commissioner to help find the language to put this resolution together in a way
that makes sense. I mean, they are proactive. I don't think we're going to see slowness. I don't
think we're going to be tardy on this, but I am open to that. If they are not ready by the time the
deadline comes, we go back to CIP.
Commissioner Suarez: Okay.
Chair Hardemon: The question is -- I think the CIP has a head start. I mean --
Commissioner Suarez: I agree, but --
Chair Hardemon: -- just when I think about the number of cases that the CIP has heard
involving police misconduct -- I was reading -- I was on my email at I this morning, and I was
reading some of the cases that were just either sustained or not sustained from CIP, and it tells
you -- if you look at the report, it'll tell you the ojFicer involved,- it'll tell you the facts of the case;
it'll tell you the analysis that was done; it'll tell you the conclusion. I mean -- and so from that --
I mean, there's more information that can be pulled from, which is advice about how the police
policies can be improved, and that's something that if this body, even with this prestige, if this
body selected other people, they would have to learn that information, they would have to gather
that information. And I will say this: I mean, there's no other community that gets affected the
most from these types of incidents than my community. I mean, at the end of the day, when you
start to say, "Oh, we want to have a cross section of all community to represent this " -- "on this
board, " but the vast majority of the people that are being affected by these policies are the
people that are in District 5, and so -- I mean, that's not saying that the CIP is representative of
District 5, because I think that the CIP deals with the -- it has a global perspective. It just so
happens that the majority of these policies that are negatively affecting our community affect the
people who live in my district. And so, you know, if -- when I think about that -- I mean, the only
person that -- well, I can't say positively, but Mr. Leroy Jones does a lot of work within my
district, but there's no one here necessarily representing someone who actually lives within the
district. He probably owns 50 million homes that -- and one of them is in the district, I'm sure,
but at the same time, my point to you is that if I had to choose between an organization that has
gathered information already, that has the interaction with the police, that deals with these
issues on a day-to-day basis, that has the staff, that has the attorneys, and an organization that is
well -intended, that would gather some people from across the community -- I don't know who
those people would be. They could be some very -- some well -intended people, but they just
would have so much to learn in such a short time.
Commissioner Suarez: And an organization that we're trying to buildup, you know, that we
want to give more responsibility and credibility to. So, I mean, I think this would dovetail nicely,
but again, I don't want to -- we've already over -argued this, I think.
Commissioner Carollo: Mr. --
Commissioner Suarez: Let's just do what we have to do.
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Commissioner Carollo: Mr. Chairman.
Commissioner Suarez: Go ahead.
Chair Hardemon: Yes, sir.
Commissioner Carollo: Thank you, Mr. Chairman. So I think this is actually a good problem to
have. We have actually have two organizations that I think this Commission believes will do a
good job, you know. And when you speak as far as representation, I mean, I know for a fact, no
one in this group, even though I think they're very well -intended, and they do know the
community; they've been out there, but there's no one here from Little Havana and, you know -- I
guess now -- and I've been very quiet about this subject, even when the Police Chief was in front
of us, but let's remember that the last killing of a youth in our city streets happened in Little
Havana, so all this is actually very important. Now, with that said, has anyone reached out to
the CIP? Because there's no one here representing them, that I know of, to see if they're allowed
to -- not lillowed 'I'm sorry -- if they're ready to take on this added responsibility? Because that's
something else that I just don't want to give them this task, which is extremely important, and not
really know are they fit for this added responsibility. You mentioned the caseload they have, and
also, this is going to be an additional caseload, so again, what -- you know, and mind you, I
think both the CIP and, I'm sure, the citizens that they'll, you know, come up with and bring back
to this Commission, I think will both be able to do this job, but once again, I want to see what's
the best way to move, you know, in a fair and expeditious manner, so that's why I bring that up,
since, you know, we're putting everything out there and vetting the process.
Chair Hardemon: You know, I feel like the work that is really necessary to be done starts with
the Police Chief- it ends with the independent reviewer. And the work that this body will do, I
don't think it's going to be overly burdensome, if it was given to CIP. That's just the way that I
see things. I mean, I could be wrong. And so, I know we're arguing this, because it's important,
I think, who we decide --
Commissioner Carollo: Exactly.
Chair Hardemon: --to give this responsibility to. And sometimes, you know, you don't have to
-- sometimes, you have to take responsibility, because it's what has to be done. I don't think --
many times you have to be willing to accept responsibility and actually to receive it, and so when
I think about -- again, as I reconsider this issue, the CIP had just heard -- they've heard -- if
we're talking about a macro level of -- this is going to be a macro investigation, if you will, or
macro analysis of what's happening, then who better than to have the people that are involved in
a micro to give the -- to be there to really facilitate the details of what happening; to look at truly
the macro issues? Mr. Vice Chairman.
Vice Chair Russell: Just because they've heard those issues doesn't necessarily make them the --
let me put it this way "It's not about whether they can handle the workload. It's about whether
the community trusts the report card at the end of the day. The DOJ knows that the CIP exists;
yet, they did not task us with giving this to the CIP. They said to form aboard. And if we didn't
have the board, to give it to the CRB. We've got it. It's right here before us, and they're willing to
do this task. The CIP knows that we're dealing with this. They were here during our initial
discussion of this item. They're not here today asking for this task. We have a group that is and
that can do the job. And the end result is not about the workload, and I'm even willing to offer
some resolution that limits any asking for cost from us, but it's not about that, because we should
be willing to invest in this if we need to. The end result is that we have a clean report card that is
trusted from the republic -- I mean -- I'm sorry --from the public, and so that's what we have
here. I mean, we've -- if we just pass it over to the -- to a board that we have because it's the
easier thing to do, because they've already seen some of these things, because they are able to do
it, we're not necessarily achieving the goal of transparency that we want to on an independent
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board, without appointed people from our side, and it's here, and they're ready, and they're ready
to move fast.
Commissioner Suarez: Mr. Chair.
Vice Chair Russell: I hope for your support.
Commissioner Suarez: Yeah. Look, I think we're talking a little bit past each other at this point.
You know, I agree with what the Vice Chair said at the end, which is, this is about the report card
that we're going to get in terms of whatever it is that we do, and obviously, being transparent. I
think the panel ofpeople has expanded since the last time that they came before us, and I think
part of the reason why it was moved and seconded is because we trust the people who are there.
I think we've flushed this issue out tremendously. And I think, you know, the middle ground is the
charge of you should look at this as a possibility or as some sort of either fully or partially
integrated process, because there is a huge value to, in my opinion, building up the CIP; not only
from a funding perspective, which we'll be doing hopefully shortly, but also from a competency
perspective, because they do review a tre -- they have a tremendously large sample size. Thank
you.
Vice Chair Russell: Thank you.
Vice Chair Russell: I agree.
Chair Gort: They can work in conjunction with them also --
Commissioner Suarez: Of course.
Commissioner Gort: -- see how CIP is working also.
Commissioner Suarez: Of course, of course.
Commissioner Gort: And not only saying that we implement it, but the --
Chair Hardemon: All right. All in favor of the proposed amended RE. 9, say so by saying, aye. "
The Commission (Collectively): Aye.
Chair Hardemon: The motion passes.
Commissioner Suarez: Thank you.
Commissioner Gort: But I want to make sure that the -- our attorneys let them know what is
their duty, and how do they perform their job. I think it's very important.
Ms. Dawson: May I have one minute for a "thank you"?
Chair Hardemon: We'll recess -- you're very welcome.
Ms. Dawson: I just want to tell you how grateful we are for the support and the guidance from
Commissioner Russell's office and from his policy director, Leah Weston, who worked with us,
met with us, and helped us to get to where we are today, and a "thank you " to all the support
from all the Commissioners on this. We appreciate your faith and your confidence. We will not
disappoint you.
Commissioner Sorenson: And I want to thank Mr. Chair and the Commission for a very
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thoughtful discussion. You really --it was impressive, from a good government perspective, to
watch you operate and take into consideration all these things was very thoughtful, and I was
impressed. So thank you very much for your confidence.
Chair Hardemon: Thank you very much. We're in recess until 3 o'clock?
Burnaby Min (Deputy City Attorney): Mr. Chair, we have both an executive session and a shade
meeting. If we're going to do the shade meeting first --
Chair Hardemon: Look, I'm going to say 3 o'clock, because every time we say sooner than that,
it takes to 3 o'clock for everyone to come back.
Mr. Min: If the shade meeting is going to be first, you need -- the Chair needs to come down so
he can open the meeting before we go upstairs.
Chair Hardemon: That's fine.
Mr. Min: Thank you.
Victoria Mendez (City Attorney): And quickly, I just wanted to thank Commissioner Russell for
being able to put this on the agenda so we could stay on track for this DOJ, so thank you very
much, Commission.
END OF RESOLUTIONS
ATTORNEY-CLIENT SESSION
ACA ATTORNEY-CLIENT SESSION
16-00541a
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 -CLI ENT
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 3:00 P.M. (ORAS 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; SENIOR ASSISTANT CITY ATTORNEYS
CHRISTOPHER A. GREEN AND RAFAEL SUAREZ-RIVAS; AND ASSISTANT
CITY ATTORNEY 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 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
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CHAIRING THE COMMISSION MEETING WILLANNOUNCE THE
TERMINATION OF THE ATTORNEY-CLIENT SESSION.
16-00541 a Memo - Office of the City Attorney. pdf
16-00541a Notice to the Public.pdf
DISCUSSED
Chair Hardemon: Calling the April 28, 2016 back into order. Mr. City Attorney.
Barnaby Min (Deputy City Attorney): Thank you, sir. On April 14, 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,
formerly 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 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 will now, at approximately 3:05 p.m., commence a private
attorney-client session under the parameters of Florida Statute, Section 286.011 Subsection 8.
This private attorney-client session will conclude at approximately 4 p.m.; at which time, the
regular City Commission will resume. 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 Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and
Barnaby Min; Senior Assistant Attorneys Henry Hunnefeld and Robin Jones -- Chris Green and
Amanda Quirke, and 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. Thank you,
sir.
Chair Hardemon: Thank you very much. We'll recess the meeting in accordance with the City
Attorney's statements.
Later...
Chair Hardemon: Reconvening the April 28, 2016 meeting. Mr. City Attorney.
Mr. Min: Thank you. I do believe there is an executive session that is being requested, so we
can recess the meeting to start the executive session.
Chair Hardemon: Okay. Is that all you need to put on the record?
Mr. Min: I'm sorry?
Chair Hardemon: Is that all you need to put on the record?
Mr. Min: Correct.
Chair Hardemon: All right, so we'll recess for the executive session. Meeting is in recess.
END OF ATTORNEY-CLIENT SESSION
BUDGET
BU.1 BUDGET DISCUSSION ITEM
16-00413
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City Commission Meeting Minutes April 28, 2016
Office of Management MONTHLY REPORT
and Budget I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES
(RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENTAND
BUDGET)
II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT)
III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
16-00413 Summary Form.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item BU.1 to the May 12,
2016 Regular Commission Meeting.
END OF BUDGET
DISCUSSION ITEMS
DIA DISCUSSION ITEM
16-00448
District 3- DISCUSSION REGARDING NET OFFICE BOUNDARIES.
Commissioner Frank
Carollo
16-00448 E -Mail - Discussion Item.pdf
16-00448 NET Current Boundaries (04-18-16).pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DT I to the May 12,
2016 Regular Commission Meeting.
DI.2
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.
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, Gort, Carollo, Suarez), deferred Item DT 2 to the May 12,
2016 Regular Commission Meeting.
DI.3 DISCUSSION ITEM
16-00388
City Commission DISCUSSION REGARDING PROPOSED CHANGES TO THE MIAMI SPORTS
AND EXHIBITION AUTHORITY (MSEA) ORDINANCE.
16-00388 Back -Up from Law Dept.pdf
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City Commission Meeting Minutes April 28, 2016
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI3 to the May 12,
2016 Regular Commission Meeting.
DIA DISCUSSION ITEM
16-00245
District 4- DISCUSSION REGARDING INCLUSION AND/OR IMPLEMENTATION OF
Commissioner GREEN SPACE IN WATSON ISLAND MASTER PLAN.
Francis Suarez
16-00245 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, Gort, Carollo, Suarez), deferred Item DI4 to the May 12,
2016 Regular Commission Meeting.
DI.5 DISCUSSION ITEM
16-00246
District 4- DISCUSSION REGARDING STATUS OF VIRGINIA KEY STEERING
Commissioner COMMITTEE AND ITS FIRST MEETING.
Francis Suarez
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, Gort, Carollo, Suarez), deferred Item DIS to the May 12,
2016 Regular Commission Meeting.
DI.6 DISCUSSION ITEM
16-00304
District 4- DISCUSSION REGARDING UPDATE ON MINDS AND MACHINES CITY OF
Commissioner MIAMI REVENUE.
Francis Suarez
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, Gort, Carollo, Suarez), deferred Item DI. 6 to the May 12,
2016 Regular Commission Meeting.
DI.7 DISCUSSION ITEM
16-00338
District 4- PRESENTATION BY THE POLICE DEPARTMENT REGARDING AN UPDATE
Commissioner ON SHOTSPOTTER.
Francis Suarez
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16-00338 E -Mail - Discussion Item.pdf
16 -00338 -Submittal -Chief Llanes-ShotSpotter PowerPoint Presentiation.pdf
DISCUSSED
Chair Hardemon: Chief.
Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: Yes.
Commissioner Suarez: This was one of my discussion items. I want to thank you for holding it at
a time certain, because unfortunately, we -- this has been rolled over a couple times, and they've
had tofly in from out of town. This is an initiative that your predecessor and this entire
Commission supported, which was to create two zones, one in Overtown and one in Liberty City;
one partially funded by the CRA (Community Redevelopment Agency) and the other one funded
through general funds, based on volume of gunshots, which was -- would determine the coverage
area. And I just wanted to have a follow-up, because I think when we implement technology that
has an impact on crime, I think it's important for us to look at it, understand it, and potentially
continue to invest in it, or maybe invest in a potential expansion of it, if that's something that
makes sense. But I just wanted the Chief to come back, give us his thoughts and his report, and
the company to sort of give us a sense of how the technology's working and -- you know, our
murder rate has gone down since the technology was implemented. I'm not saying that there's a
one-to-one, you know, connection to that; but I think it's significant when we do things, like what
you're doing, and then we try to measure what is the impact of the implementation of that
technology, of those ideas on our crime statistics. Chief.
Rodolfo Llanes (Chief of Police): Good morning.
Vice Chair Russell: Good morning.
Chief Llanes: Rodolfo Llanes, Chief of Police. I have a presentation; should be on your laptop
there.
Commissioner Gort: IT (Information Technology), where are you?
Chief Llanes: IT. Well, anyway, first, I'd like to explain what ShotSpotter does. It's basically a
gunfire locator system, and what it does is it locates when a shot is fired, triangulates that
location, and feeds that information to us. That provides us a faster response so that we don't
depend on citizens to callus. We already have technology to tell us where a possible gunshot has
gone off, and so we respond to that location on an emergency signal. It also gives us some hard
data for us to go back and look at hot spots, areas that we should be concentrating on; and I'll
explain, as we go along the presentation, how we do that. The technology is -- basically, there's
audio sensors deployed around this area that kind of, like I said, triangulates the location of
where it came from. Now, that information is not only delivered to our dispatch, but it's
delivered to the laptops in the police car and some officers have opted to have an app on their
phone and it is delivered to their phone also, so they get to pinpoint exactly where the shots spot
-- ShotSpotter is indicating the alert to, and they have that information on their phones. There's
also a audio recording of what it sounded like so the officer can also review that while en route
to the scene or after as an investigative tool.
Commissioner Suarez: You're doing great without the help.
Chief Llanes: Well, I think for this -- this is a really good demonstrative, once you come up with
it, only because it takes you to the timeline of how the officer gets the alert. Either way, you start
with a gunshot. The triggers pickup that sound. They then --the software is analyzed offsite;
analyzes that sound, triangulates the location, and then sends the alert to our communication
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system, and like I explained before, to the officer's laptop and to the oficer who have opted in to
have it on their mobile device, and then they are dispatched on an emergency shooting signal to
that location.
Commissioner Gort: Next.
Chair Hardemon: Next slide.
Chief Llanes: Go to the -- I don't know what that slide is. It's "How a ShotSpotter Works. "
That's it. And so you can see that -- the course of events as it happens, in order to -- until it gets
to the -- dispatched to the police car. And so what have we seen as the benefits? I think the
Commissioner and I had a lot of discussions before we implemented the system. I was not an
advocate of the system until I called around to a number of different police departments that do
have it, and exactly what we experienced here is what they told me we would experience, and
that is that there are areas in the City that the community will not call if there's shots fired, if
there's no one injured. And you would never get that information. You will never be able to
capture that information. And I was skeptical of that, but that has happened and that did
happen. It is a fact that we get dispatched to locations where there were shots fired, there was
anybody injured, and we didn't receive any calls; and had we not had this technology, we would
have never known about that particular shooting. And so the other benefits are, it actually GO
locates a very specific spot where the rounds were fired from. That helps us in collection of
evidence, in locating witnesses, because now we know -- we have a very good idea of where
those shots were fired from and not just to also depending on the community to tell us. This is
where the shots were fired, or this is how this incident happened, and so we have a good tool to
where do we -- where we begin our investigation and when we start looking for evidence, and
when we start looking for witnesses. We can locate --we can do better area canvasses just
because we know where the incident was located. Like I said before, it's also a very -- it's also a
good tool when -- at the point of investigation, because we know the time of the shooting, how
many rounds were fired, the audio, and ShotSpotter also puts together a very detailed forensic
report for the investigator to be able to use. Now, the response to the scene and the investigation
is important, but what we have found is that following up in the days after has worked to our
advantage also. Commanders that are assigned in the areas that have the ShotSpotter
technology deploy their NROs (Neighborhood Resource Officers) to that area in the days after to
conduct an area canvass again of the area, with the intent of letting the residents know that we
do have this technology and that we have the ability to pinpoint where the shots came from. And
from that information, we have gathered from the community the need for other services that are
not police -related that we can refer the people in the area to. So it has been a real valuable tool
in the follow-up sense; not in the criminal investigation, but to go back out to that neighborhood
and to that area that's affected by the shots and find out what the disease is that created that
symptom, to try and find a way to help those people in that area with referral ofservices.
Another good tool, that it gives us advanced notice of where our clusters of celebratory gunfire
come from during times that there are Fourth of July, New Year's Eve, and those kinds of events
where people fire celebratory gunfire. We can go into those areas ahead of time and let folks
know that we will be out, and we will be making arrests, should you be found firing shots as a
celebratory -- that are celebratory in nature. So I think the most important part that I have seen
is that not only is the investigation -- do we have facts earlier and able to follow those up, but we
also have that after time to be able to say "This area has this shooting, and we need to talk to
these neighbors to see what is the problem, which is the problem house "; those kinds of
follow-up that not only we can refer services, but it also gives the community the feeling that we
do care about what's going on, and how we can work better to solve these problems, so I think it
has an -- a bigger overall effect to how we project our service to the community. These are the
shots -- ShotSpotter, how they alert. There is a single -shot alert, a multiple -shot alert, and then
there's a possible gunfire. There are -- the technology is audio -based, and so it's -- not every
ShotSpotter alert is an actual shot fired. There are alerts that are not actual shots fired, and
when we -- as we proceed through the presentation, I'll show you the statistics of where we found
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evidence of actual -- what it looks like, alerts versus actual scenes found. But this is what you
would see in the alert, either the officer in the laptop, the communications, or on the mobile
device.
Commissioner Carollo: Chief, quick question just on what you said. So let's say Fourth of July,
there's a lot of people with fire crackers and stuff like that. Is that what you mean where
ShotSpotters [sic] could identify whether it's actually a gunshot or if it's fire crackers or --?
Chief Llanes: Yes. There could bean alert as to shots fired that is not an actual shot fired
Commissioner Carollo: But then would it -- would you --would that alert be able to say, `Hey,
this is a false reading or afire cracker, not necessarily a gunshot "?
Chief Llanes: At times, the center that vets this -- the software that vets the sound can do that,
but sometimes we arrive on the scene and then find evidence that it's not, and so it is --its not
100 percent, but at least it gets us to the area where we need to be.
Commissioner Carollo: Understood.
Chief Llanes: This is the areas that are currently where the technology is deployed. As you can
see, it encompasses part of the northern part of Model City, the eastern part -- or the western
part of Little Haiti, and Overtown.
Commissioner Carollo: Chief, follow-up question.
Chief Llanes: Yes, sir.
Commissioner Carollo: I recently asked you quest -- I recently asked you regarding shootings
that have occurred. Those shootings are based on actual shootings where a report is made and
so forth; not based on ShotSpotters [sic], correct?
Chief Llanes: Correct.
Commissioner Carollo: Okay.
Chief Llanes: In the next slide you will see a six-month breakdown of ShotSpotter actual gunfire.
There is a -- in the red is the March to August of 2015 and then September to February of 2016.
Commissioner Suarez: Chief.
Chief Llanes: So you can see a 25 percent reduction in the amount. Yes, sir.
Commissioner Suarez: Is it fair to say -- I just want to clarify for the people who may be
watching or for the audience -- that prior -- this is great, obviously, great news that the gunfire is
ac -- you know, is actually going down, but is it fair to say that prior to the implementation of the
system, once we had the system in place, there was a dramatic increase before to get like a more
truer picture, and then from there, you've worked on getting these numbers down?
Chief Llanes: Correct. I think that when we started speaking about the system, like I told you
MY --
Commissioner Suarez: Right.
Chief Llanes: -- reservations about it, and I didn't -- I wasn't a true believer that actually people
would not call, but it as -- naturally, if you implement the system and people weren't calling
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before, there was a huge increase in the amount of shootings reported only because they weren't
being reported before.
Commissioner Suarez: Of course.
Chief Llanes: It's not that they weren't happening; it's just they weren't being reported.
Commissioner Suarez: Right, right.
ChiefLlanes: Andso now we have an actual number.
Commissioner Suarez: You got a true picture.
ChiefLlanes: Correct. This is what the gunfire map would look like with the icons that I showed
you before: the single shot, the multiple shot, and then the lhay or may not be'gunfire.
Vice Chair Russell: Is this hypothetical, or was that an actual map?
ChiefLlanes: That's actual.
Commissioner Gort: That's a lot ofgunfire.
ChiefLlanes: So the statistics are every seven hours, we get an alert; 67 percent of those alerts
are between 10 o'clock and 5 o'clock in the morning; 54 percent are Saturdays, Sundays, and
Mondays; and 66 percent of the alerts alert to multiple gunfire. And so, as you can see at the
bottom, there were 1,317 incidents with almost 7, 000 shots fired. Some of that is celebratory.
You could see the Fourth of July, New Year's Eve, and New Year's Day. And then here you can
see sort of a trend line, by month, of the number of alerts that we've gotten since we had the
system. The 105 spike, of course, includes December 31, with the celebratory gunfire. And so
we see a good downward trend, and we'll keep it that way. Now, let me give you some of the
statistics that we talked about before. We did lose some data in a computer issue that we had, so
we have a hundred and --out of the 1,317 incidents that we talked about, we have data on 1,116,
so we lost about 300 of those alerts in our system. So out of those 1,116, 318 scenes, actual
scenes were located, which is 28 percent of the incidents. That means that we actually found
evidence, found witnesses, or found the victim of a shooting; 798 of those, or 72 percent, we did
not find evidence of a shooting. Now, that doesn't mean there wasn't one; we just didn't find a
witness, we didn't find a victim, and we didn't find evidence of a shooting. So those are all
documented to make sure that we keep that data in order to return -- we do follow up, even on
the ones that we don't have evidence, to find out if the neighbors heard something, do they know,
is there a problem house in the area, those kinds of info -- that kind of information that is very
important to us. And I'm open to questions or whatever you would like that I didn't cover.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized, Commissioner Gort.
Commissioner Gort: Chief, do we utilize that the -- the police drones?
ChiefLlanes: Police?
Commissioner Gort: Drones.
ChiefLlanes: We don't have drones.
Commissioner Gort: You don't have drones, okay. Because my understanding, there's an ability
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to have in certain locations where they can be taken off right away.
Chief Llanes: Drone technology is in its infancy right now, and the regulations that we would
have to endure in order to dispatch a drone is personnel intensive. We would have to have a
pilot and a spotter with eyesight on the drone at all times, and so that doesn't change our ability
to get to that scene. So somebody would have to drive to that scene with a spotter, deploy the
drone with a pilot and the spotter has to keep an eye on the drone, and the pilot has the drive it.
So right now, the technology we have available and the regulations that we would have to follow,
it's not productive.
Commissioner Gort: Okay.
Chief Llanes: As the technology advances and maybe regulation is unre -- it gets less restrictive,
we may be able to pursue that technology, but right now, if an officer has to drive to a scene and
assess it and work it, that drone is not going to help.
Commissioner Gort: Doesn't make sense. Okay, thank you.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: No, I was -- I'll let him finish his presentation, and then I'll just chime in
on a couple of things.
Chief Llanes: I'm done, sir.
Chair Hardemon: He's done.
Commissioner Suarez: Oh, you're done? Oh, I'm sorry. Good.
Chief Llanes: I'm ready to take a bow.
Commissioner Suarez: You did a great job. Thank you for that, Chief. I think the Commissioner
has a good point. One of the things that we've talked about is there is a variety of different
technologies that are either -- not just this one -- that are in place in a variety of different
contexts. I know we've had license plate readers. We have cameras that are static for other
things. And one of the things -- we have, obviously, data that's collected by other agencies and
other governments, like tolling data that's collected by the MDX (Miami -Dade Expressway
Authority). And one of the things that we've talked about is trying to create a platform that
unifies all that data and leverages all that information so that ShotSpotter can be even more
effective, and all these technologies can be more effective because they're talking to each other;
and more importantly, they're talking to our department and giving them the most actualized bit
of information, so that's something, Commissioner, that I'm going to be bringing forward in the
near future. And in addition to the traditional things, I'm going to be bringing a pocket item
today to talk about something that's a traditional form of policing our streets. You know,
obviously, many of us have gone to a lot of community meetings, and sometimes residents will
say -- or oftentimes residents will say, "We want to see more police presence. " And one of the
things that we have in our toolbox is a horse -- you know, police on -- you know, horse -mounted
police officers. Well, that's -- you know, that's 2000 -year-old technology, but it's very effective.
People really feel comfortable and confident with that technology, as long as they're seeing it.
And so, for me -- I don't know how many neighborhood meetings you guys have gone to, and
then a week later, the commander, with the Chiefs permission, will deploy an officer on a horse,
and then we'll get the calls it like, "Oh, Commissioner, thank you. You know, we see that you're
responding to us. " So the Chief is right in saying, too, that delivery of services is not just about
the statistics, but it's also about understanding the psychology and understanding serving our
neighbors. He's done something that I think is phenomenal, which is "the coffee with a cop, "
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and it's been very, very successful in our district, and that's something that is just -- you know,
it's logical. You know, the -- unfortunately, the interaction oftentimes between our residents and
our off cers can be acrimonious or can be standoffish, and what he's trying to pierce through is
not making it that. You know, just having a coffee. "Let's talk. How is the neighborhood, you
know, doing? How can we do better? Let's build a relationship. Let's break down some of these
barriers. " So, you know, I commend you for that. You know, if you have analyzed any other
parts of the City that you think are starting to see critical masses of concentration of gunfire
where you think this should be expanded to, I would love your input on that. But, you know,
we'll -- thank you for doing this. I appreciate it. Thank you for trusting in the idea.
Chief Llanes: I think --
Commissioner Gort: Is this facility mobile?
Chief Llanes: Is this what?
Chair Gort: Mobile. Can you -- can be --
Chief Llanes: No. It has -- fixed sensors.
Commissioner Gort: Has to be fixed?
Chief Llanes: Yeah, it's fixed.
Commissioner Suarez: It can be expanded to other areas (UNINTELLIGIBLE).
Chief Llanes: Like you would have to put up more sensors to expand the area.
Commissioner Suarez: Correct.
Chief Llanes: And I haven't seen an area yet of concern of volume, right, where we would think
of expanding, but we're constantly monitoring them. But what I want to say as -- you know, to
dovetail a little bit on your comments, I think it's important for the citizenry to have contact with
the police officers that serve them when there is no issue --
Commissioner Suarez: Right.
Chief Llanes: -- when there is no complaint, when they don't need service; because that way,
they build a relationship with the person that actually will come when there is a problem, and I
think that when -- once we got off the horses and got into our police cars, that relationship
changed, and we need to bring that back. We're always going to leverage information with
technology, but police work is always going to be a human -to -human business; that's not going
to change. And so I think we need to bring that back to the old technology, and that's what we're
trying to do with different things to try and break through and have relationships with the people
that we serve when there is no issue at the time.
Commissioner Suarez: Thank you, Chief.
Chair Hardemon: So, Chief, I traveled to Chicago, and I was in a place called Englewood, and
Englewood is suffering from lots ofgun violence, poverty. I mean, it's one of those communities
where when you go there, you know something is wrong. And it's easy identifiable, and we have
pockets of neighborhoods like that in the City of Miami. And when you look at that image where
you had the number of gunshots fired just within 42nd Street and, say, it appeared to be
somewhere north of 62nd Street, I mean, it's alarming. And so, when I was there, one thing that I
noticed was that they had police officers that were on bicycles that were going through the
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neighborhoods; and the way that I looked at it, that police officer will be on a bicycle because
he's -- he can more easily creep, if you will, up on people who are engaging in illegal activities.
I mean, I can sit on a block in Overtown and watch drug deals happen, right? So I know if an
Officer is in his car, he may be more identifiable from someone who's at a lookout position, but if
someone comes up on a bike, which is how most of the people who are dealing drugs in that area
will be traveling, on bicycles and such, he may be better able to cut through different places,
yards, things of that nature, to get to where he can identify some of this illegal activity. So I say
that to you to say, I know that we have officers that ride bikes. I've seen them downtown, and
I've actually seen them -- I've seen them somewhere. I can't remember exactly where the second
place that I saw them at. However, where -- areas where you're having these high volumes of
gunfire, what other things are you doing to deter that type of activity? So my question would be,
are there bicyclists there? Do you have squads that are undercover? Do you have people that
are proactively going out there trying to solve some of the issues so that we won't have the
gunfire? So, for instance, on the news most recently, we saw that there was a -- an attack, if you
will, on about 15th Avenue and 71st Street. We watched the video. You couldn't see it coming, if
you will. Those are the types of --for instance, as I understand-- I know it's an open
investigation to this today, but you couldn't identify who the person was that they were looking
for, so there were innocent bystanders that were hit, and these are the things that I've always
written about, and I describe them as "domestic terrorism, " because if you're in a neighborhood,
you're going to your local corner store where you buy soap, water, food, chips, juice -- as
children, we grew up going to these places. If you can't walk to and from there without having
the threat of violence, especially with high powered firearms, then what the sellers are doing is
just trying to keep you from going about your normal daily activities, and to me, that's some form
of terrorism. It's a terrorist acts. It's the same thing as if someone blows up a bomb at a parade
or leaves a bomb at the airport. You know, they're trying to deter people from doing certain
things, which is traveling, et cetera. And so I say that to you because I want to know what's
happening? What are you -- what's -- and I know -- this isn't -- this may not be the time to talk
about it in detail, but I think that community deserves to know what's really going on within our
community that we're using our police professionals to deter a lot of that crime ?
Chief Llanes: The answer to all of the above is yes, we do have officers deployed there. You
know, we look at the way we handle service in two different ways: We have our traditional call
for service officers who respond to calls or kind of reactive, but we need that service because,
you know, when somebody gets involved in a traffic accident or there's something -- we always
have to have a mobile call for service availability of a resource to apply to an area, but what I'm
trying to do in the time that I have been here is to increase our problem -solving team and our
beat officers. Those are resources that are not dedicated to answering calls for service. They
are a proactive element in order to attack issues that we see. Those are the officers that do the
kind of work that we talk about with the ShotSpotter, the kind of work that we -- when we get
complaints about narcotics activities, when we get complaints about issues that happen. They do
have the capacity to work in a plainclothes fashion. They do have a narcotics team that was
started three months ago to do undercover narcotic buys in and around the entire city, which we
hadn't had fora while. So, yes, we do all those things. Bicycle patrol is very effective in those
areas, but as you can see from the technology, they don't deter shootings because mostly -- most
of your big volume of shootings are 10 at night till 5 in the morning. It's tough to get a guy on a
bicycle at that time. It's unsafe. I would rather not do that.
Commissioner Suarez: Mr. Chair.
Chief Llanes: So, you know, we have -- we use that technology and --you know, the commander
in the area has done an amazing job so far this year in Model City. You know, you see those
shootings there, but she's down almost 200 overall crimes. I mean, think of what that sounds like
for a community to have 200 less victims of all kinds of crime, whether it be from petty theft to
the largest, which is murder. So, you know, I think she's done an amazing job. I think this
technology that points us to areas that we can direct services that are not police in nature, but to
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try and help people, you know, get out of the situation that they're in, or apply some other
resources to help the rest of the community, I think makes a big difference in what she's doing.
think she's doing an outstanding job at that.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Yeah. And I think you've continued to harp on a point that, you know,
merits discussing again, and I know that the Liberty Square Project is -- taken on sort of a
controversial nature, but the truth of the matter is that a third of all our murders happen in that
area, so redeveloping it -- without taking a position on who and all the other stuff about it, but
redeveloping and investing in that area is something that I think you've harped on as
Commissioner, because there isn't a CRA (Community Redevelopment Agency) in that area, and
there isn't other means to help that area, but certainly, redeveloping that area hopefully and
lifting people up will hopefully go far in helping with a lot of these societal issues that are
creating a caldron for very, very violent incidents in a very, very tight area, physical area.
Chair Hardemon: I mean, the one thing I will say is that -- and the Chief and I share this in
common -- we believe that it's not just police. I mean, it takes more of a holistic approach, which
is why I have these antipoverty dollars going to programs like Wheels to Work, the College
Exposure Program, the Kitchen Incubator, the -- and the Summer Internship programs. I mean,
give people an opportunity to do things that are positive, and if they have that opportunity and
they participate with those opportunities, then -- or take advantage of them, rather, then they're
least likely to engage in criminal activity, so, you know, we're going to continue doing that from
our ojFice. I believe that the City of Miami is still onboard when it comes to antipoverty
initiatives. We just want to make sure that, on the police side that we're doing the best that we
can to guarantee the safety of the people that live within those communities, because it's -- the
fear is real.
ChiefLlanes: It is real.
Chair Hardemon: The fear is real, and it affects the entire City of Miami. When you're looking
at that image, if someone said to you "buy a home in Liberty City, " you would say, No. "
ChiefLlanes: Um -um.
Chair Hardemon: "No." And so, if we had this type of technology allover --throughout the
City of Miami, it would truly show the disparity between the types of violence that you see in
certain areas versus others. And look, I grew up in Liberty City, and we had a different frame of
mind about things. People --I knew friends that went to other schools that were --their parents
told them never go to these areas and -- but I would say, "Well, just don't go to 62nd Street, or
don't go to 61st Street," even if I lived on 60th Street. It was just the way that we grew up. We
knew safety zones, if you will. And so people shouldn't have to grow up like that, right? And
that's why we need your help --
ChiefLlanes: Absolutely.
Chair Hardemon: -- to guarantee. You're recognized, sir.
Vice Chair Russell: Thank you, Mr. Chair.
ChiefLlanes: And I want to -- before -- I'm sorry to interrupt.
Vice Chair Russell: No, no, no.
ChiefLlanes: But, you know, to your point, and it's really exciting -- and I don't want to get into
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the politics of what that looks like, but I have had discussions with the developer about building
a true PAL (Police Athletic League) site on that area -- on that development, so I'm really excited
about the idea that we would have a PAL headquarters for the entire City at that site. I mean,
that is an awesome thing to look forward to, to say that, you know, we'll have PAL housed in that
site with an actual real facility to service the entire neighborhood; not just the development, but
the entire neighborhood. So I'm really excited about those preliminary discussions and talk
about, you know, changing the dynamics of an area with our presence.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you.
ChiefLlanes: I'm sorry, sir.
Vice Chair Russell: No, no, no. Good morning, Chief. What is our total cost of the system,
including, what the City spends and the CRA spends together? What's the bill from ShotSpotter,
basically?
ChiefLlanes: The ShotSpotter bill, I think, inception, was 275, 000; the yearly, I believe, is 185
-- 185, 000. I think that's 135 hours and a 50 CRA.
Vice Chair Russell: And the annual is upkeep or it's a subscription?
ChiefLlanes: It's a subscription, because it is a service, an off-site service
Vice Chair Russell: And I can tell from our presentation that you believe it's a good tool?
ChiefLlanes: Absolutely.
Vice Chair Russell: You believe we should have it?
ChiefLlanes: Yes.
Vice Chair Russell: What are the counter -voices to that? Who is -- is there a -- is there anyone
out there that's saying this is not a good expenditure or that it doesn't work properly, and what
would be your response to that?
ChiefLlanes: I think that the people that would counter it would be the people that didn't have
it, just like me. I mean, when you look at the overall -- I don't know if you want to call it a
success ratio, but the vast majority of the calls that you get, you can't identify that there was an
actual scene or an actual shooting. You can't do that. If you look at the numbers, it doesn't work
out that way. But I think what you capture on the other side, the ones that weren't called in, the
ones that you do find evidence, the ones that you would never have known about. I think it's
worth the investment and time to go to the ones that weren't to capture the ones that actually
were shootings that you need to identify that there's a problem there that you didn't know about.
And so I think that outweighs the necessity to go to calls that may not be -- that may be fire
crackers, that may be something else, a malfunction in the system, whatever the other portion of
that becomes. I think the ones that you capture that are I think are worth the time investment
(UNINTELLIGIBLE).
Vice Chair Russell: So potential calls positives might be a challenge to it, but you're -- in your
estimation, it's worth it? It's --
ChiefLlanes: Yes.
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D1.8
16-00411
District 4 -
Commissioner
Francis Suarez
D1.9
16-00237
District 2 -
Commissioner Ken
Russell
Vice Chair Russell: It's worth it. Thank you.
Chair Hardemon: Any further questions?
Daniel J. Alfonso (City Manager): Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Mr. Alfonso: I just wanted to mention for the record that the commander that's doing a f ne job
is Debbie Mills. because it wasn't mentioned.
Chief Llanes: Oh, I'm sorry, sir.
Chair Hardemon: Any further questions? Seeing none, thank you very much, sir.
Chief Llanes: Thank you, sir.
Commissioner Gort: Thankyou.
DISCUSSION ITEM
DISCUSSION REGARDING INCREASE OF RECYCLING PICK-UP.
16-00411 E -Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
WITHDRAWN PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
D1.10
16-00486
District 1 -
Commissioner
Wifredo (Willy) Gort
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, Gort, Carollo, Suarez), deferred Item DI9 to the May 12,
2016 Regular Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING CAFETERIA CHECKS.
16-00486 E -Mail - Discussion Item.pdf
DISCUSSED
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Chair Hardemon: D1.10.
Commissioner Gort: Thank you, Mr. Chairman. I appreciate it. This is an item that I've been
working on for a long time. I think we've all have had problems in our neighborhoods with the
so-called cafeteria becoming nightclubs on weekends. Because of the CU (Certificate of Use),
they believe they can do just about anything. Mainly, what it is, I've had meetings with the
Police, Code Enforcement, the NET (Neighborhood Enhancement Team) Office, and so on. We
had come up with some ideas, but unfortunate, I've not had the follow-up. I'm not going to go
too much intense in this. We all know what the problems that we having with the enforcing
sometimes; the time that it takes to get people violating the Codes to enforce the Code.
Sometimes it takes a year, two years. So one of the things I'd like to do -- I've been having
meeting with them. What I would like from the Administration is --I want to have another
meeting with the same people I had it before, but I want you to nominate one person that's going
to be responsible, because once we put all the ideas together, then we'll bring it to the
Commission to vote on it. But I have one person that I can tell him, "Look, this is what we
agree. What have we done? " That's all I need from you, is to assign someone to work with me
on this that I've been working for two years now.
Daniel J. Alfonso (City Manager): Alberto Parjus.
Commissioner Gort: Okay. So he'll be in charge if -- where is he?
Mr. Alfonso: Yes, sir.
Commissioner Gort: Alberto, you're it. You got a meeting next week, okay? Thank you. That's
all.
Chair Hardemon: Thank you very much, sir.
DI.11 DISCUSSION ITEM
16-00330
District 4- STATUS REPORT REGARDING COSTS ASSOCIATED WITH TROLLEY
Commissioner SERVICE EXPANSION.
Francis Suarez
16-00330 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, Gort, Carollo, Suarez), deferred Item DI. 11 to the May 12,
2016 Regular Commission Meeting.
DI.12 DISCUSSION ITEM
16-00522
District 4- DISCUSSION REGARDING MIAMI-DADE COUNTY RENTS.
Commissioner
Francis Suarez
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, Gort, Carollo, Suarez), deferred Item DI. 12 to the May 12,
2016 Regular Commission Meeting.
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DI.13
16-00544
Office of the City
Attorney
DI.14
16-00559
District 2 -
Commissioner Ken
Russell
DI.15
16-00555
DISCUSSION ITEM
DISCUSSION REGARDING THE MARINE STADIUM.
16-00544 E -Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
District 3 -
Commissioner Frank
Carollo
DI.16
16-00556
Note for the Record: Item DI. 13 was continued to the May 12, 2016 Regular Commission
Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS
RESIDENTS.
16-00559 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, Gort, Carollo, Suarez), deferred Item DI.14 to the May 12,
2016 Regular Commission Meeting.
DISCUSSION ITEM
DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S REQUEST
TO THE CITY MANAGER TO IDENTIFY ALL UNZONED LAND THAT CAN BE
ASSIGNED PARK SPACE.
16-00555 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, Gort, Carollo, Suarez), deferred Item DI1 S to the May 12,
2016 Regular Commission Meeting.
DISCUSSION ITEM
District 3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S
Commissioner Frank RESOLUTION FOR THE CREATION OFA LEGISLATIVE INFORMATION
Carollo SUBSCRIPTION SERVICE FOR THE PUBLIC TO RECEIVE CITY
COMMISSION AGENDAS VIA EMAIL.
16-00556 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, Gort, Carollo, Suarez), deferred Item DT 16 to the May 12,
2016 Regular Commission Meeting.
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DI.17 DISCUSSION ITEM
16-00557
District 3- 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
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the
dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DT 17 to the May 12,
2016 Regular Commission Meeting.
DI.18 DISCUSSION ITEM
16-00560
District 3- DISCUSSION REGARDING THE MIAMI MARINE STADIUM FLEX PARK.
Commissioner Frank
Carollo
16-00560 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, Gort, Carollo, Suarez), deferred Item DT 18 to the May 12,
2016 Regular Commission Meeting.
DI.19 DISCUSSION ITEM
16-00547
District 4- DISCUSSION REGARDING THE PURCHASE OF A HELICOPTER FOR THE
Commissioner MIAMI POLICE DEPARTMENT ALLOCATING FUNDS FROM THE PROCEEDS
Francis Suarez RECEIVED BY THE CITY OF MIAMI FROM SKYRISE.
16-00547 E -Mail - Discussion Item.pdf
DISCUSSED
Commissioner Suarez: And I have one --at least one time sensitive discussion item that Id like
to discuss. It should be brief, I hope.
Vice Chair Russell: As do I
Chair Hardemon: It's up to the members of the body.
Vice Chair Russell: I would --
Commissioner Suarez: Okay, my -- it's -- may I just very briefly? I'd just like some direction. I'd
like the Commission to direct the City Manager to look into the purchase of a police helicopter
that is of the same scale and scope as the one that the County has. The reason why it's time
sensitive is because we have a limited opportunity to acquire this helicopter. It's the last one of
like the prior year's model. And, you know, it's a significant upgrade from the current one that
we have that requires like to be at 98 percent power just to take off from the Police Department.
It's, in my opinion, dangerous to have to max out a helicopter at that level just to get it off the
roof. I think a helicopter --just like what we talked about earlier with ShotSpotter. I was going
to bring it up in the ShotSpotter debate, but not everyone was here at the time, so I apologize.
It's a technology that's a forced multiplier, and it's something that a major city that has the kind
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of law enforcement incidents that we have should have a helicopter of that magnitude. And our
County has one of the same magnitude, and I would say that our residents deserve to equip our
Police Department with the best in state-of-the-art equipment so that they can do their job. And
it's -- and I would also argue that just like we talked about, you know, there's 2, 000 -year-old
technology with the officers on horseback that provides a tremendous sense of comfort. The
helicopter also can provide a tremendous sense of comfort for our residents, knowing that our
Police Department has the capability of chasing criminals in four dimensions. Thank you.
Chair Hardemon: Okay.
Vice Chair Russell: I have a quick one, as well; just really quick. It'll take less than 30 seconds.
Chair Hardemon: Call the item.
Vice Chair Russell: The district item that I had for discussion was about a capital improvements
project that the neighbors have been waiting and waiting for and we just haven't gotten to it
every night. The previous Commissioner had --
Chair Hardemon: What number is this?
Vice Chair Russell: This is D2.1, District 2 item.
Commissioner Suarez: Can I -- Mr. -- I'm sorry. Can I just clam that we --
Vice Chair Russell: I'm sorry. You need something on --
Commissioner Suarez: No, I just wanted to clarify that we gave the Manager direction to
procure the helicopter.
Vice Chair Russell: To procure it, or to look into it?
Commissioner Gort: No, no, it's a study; to do an analysis and a study and come back here and
let us know.
Commissioner Suarez: Well, it's --
Commissioner Gort: It's a competitive bid and so on, and it's a better plane.
Commissioner Suarez: There's one helicopter left, so I don't know. I think there may be a
procurement waiver, so, I mean, I don't know how -- I don't know if you can bid out for
helicopters, but go ahead. I don't know. You may want to explain.
Javier Ortiz: I know we're all tired. Javier Ortiz, president of Fraternal Order of Police. So the
reason why we're looking at a four-fifths bid waiver is for a variety of reasons. The helicopter
that we have right now through Eurocopter is 10 years old. It was bought with UASI (Urban
Area Security Initiative) money, and in order for us to replace the existing chopper without
having to give the money back to the Federal Government, we would have to put in something
comparable. Eurocopter has one left in inventory; one that will meet the needs of the Miami
Police Department. And there's a variety of reasons why we want to keep it with Eurocopter
besides the fact that they'll trade in the existing chopper that we have. We have a full-time
mechanic that is certified by the company that is a Miami police officer that's right now full-time
--I'm sorry --he's full-time with the unit. Our full-time pilot has been flying for over 30 years.
He's been flying for the last 10 years. He's very --hes been flying for the last 10 years with
Eurocopter, with this model. And like Commissioner Suarez was saying, we're at 90, 95 percent;
when it comes to taking off, we're at 90, 95 percent. And with the chopper that we would be
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getting, which is at a considerable -- it's at a much better price -- I'm sorry, I've been up like 30
hours, so I'm a little tired -- that's the whole reason why we want to go with this company.
Commissioner Suarez: Look, it comes before us for a vote, so if you don't feel comfortable with
it, you don't have to vote for it. I think it's something that we should have as a city. We're a
major city in this country, and we should have the best technology. We should be arming our
ofcers with the best technology for them to police our streets. That's what I feel, and I feel that
this is an opportunity. We could pay more for it if we want to.
Mr. Ortiz: It's about four to five hundred thousand dollars less than what Miami -Dade Police
got theirs for, as well as Hillsborough County. Purchasing and Procurement were given copies
of those contracts, and that's another reason why, you know, we're trying to be efficient with the
money that the City has.
Rodolfo Llanes: Rodolfo Llanes, Chief of Police. I think in my view, it's important for us to
make the change now; not only because of the pricing, but I think we just went through about a
year ago, 19 months of having that piece of equipment hangered because we didn't have a
transmission, and we had to scramble for the money to repair that transmission. Should we
procure a new helicopter, we can get service by the hour, which would amorticize [sic] our
payments over a longer period of time, and we wouldn't run into that situation again, because
it'd be insured; not that we wouldn't have costs incurred with it, but we wouldn't have the
equipment shelved, which is very important for our day-to-day operations to have a helicopter
up. It's a force multiplier, number one; and number two, it's a big safety item for our officers
when they do perimeter searches and when they --we are involved in vehicle chases. There's
nothing like having a helicopter in the air to give you real time direction on where the offender is
at for the safety of our officers.
Commissioner Suarez: Thank you.
Chief Llanes: So I think it's a very important piece of equipment. I think we're ata good
position --a good time right now to close the deal and strike it, so I'm incomplete support of
this.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: I'm sorry, I guess that is me now. Yes, please.
Commissioner Suarez: No, I just -- I was going to say that we're not making the decision right
now. It'll be coming back to us in the next Commission meeting. So I apologize, Commissioner
Gort, because I gave the impression that we were doing it right now, and that's my fault. I think
we're all tired.
Vice Chair Russell: The decision is not to procure it.
Commissioner Suarez: No, no, no.
Vice Chair Russell: It's to -- we need to assess it.
Commissioner Suarez: No. It --the (UNINTELLIGIBLE) we're bringing back an item which
would be a procurement waiver, which we would have to analyze and decide to go forward or
not go forward with at another Commission meeting, so I apologize; I was not clear about that.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
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Commissioner Carollo: Thank you, Mr. Chairman. Chief, you're saying that in your
professional experience and your judgment, you feel that we need the new helicopter, and we
need to do it now?
Chief Llanes: I think that because of the situation that we're in that we have this piece of
equipment available on the shelf, if we strike now, we'll get a better price than if we procured it.
Now -- through a normal means. I did put a new helicopter in my budget proposal for the next
fiscal cycle, but when the president advised me that this piece of equipment, which is a leftover
model, is there now, I think we can save some significant amount of money if we do it this way
than through the regular process that's my own opinion.
Commissioner Carollo: And Chief, you're saying that this helicopter has to be changed?
Chief Llanes: No, I didn't say that.
Commissioner Carollo: Because, well, you mentioned that the way it is right now, you think it's
a public safety issue.
Chief Llanes: Well, I think that it's important for us to have the piece of equipment. What the
president was saying, that the helicopter that we have now, the piece of equipment that we have
now revs up 95 percent; 90 to 95 percent at takeoff from our helipad at our station, which is
where the helicopter sits when it's not hangered or on patrol. So there area number of takeoffs
during the shift that that helicopter takes off from our station. So you know where our station is
situated. You know how important it is for our pilot and our citizens to be safe. I think this is the
right time, because that item is sitting out there, that we should move a little quicker to procure
that item.
Chair Hardemon: I just wanted to make a comment. If we don't get done before midnight, as
explained by the City Clerk, he's going to have to recess this meeting, because he has to start the
system over to continue the recording process of this. It's 11:57, so just be prepared.
Commissioner Suarez: We'll be bringing an item at the next Commission meeting.
Commissioner Carollo: Yeah. Listen, especially when it comes to public safety, I do believe in
giving you the resources that you need. I guess my hesitation is that it's a discussion item, and I
don't mind --
Commissioner Suarez: I understand.
Commissioner Carollo: -- bringing something back. However, when we're saying we're waiving
procurement, we're doing this, doing that --
Commissioner Suarez: You're right, you're right.
Commissioner Carollo: -- you know, and we're taking a vote on that, that's where I'm saying,
well, wait a minute.
Commissioner Suarez: No, I just wanted the Manager to have clear direction, because I didn't
want him to think -- because we had kind of rushed through it, and I wanted to get to the Vice
Chairman's item, as well; but I also wanted him -- I wanted to make sure that we were clear that
he was going to move forward with bringing an item to us.
Commissioner Carollo: Do you need a vote for that or--?
Commissioner Suarez: No.
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Commissioner Carollo: It's a directive.
Todd B. Hannon (City Clerk): We're good to go with DI.19, but I need us to recess right now;
otherwise, we're going to lose the recording.
END OF DISCUSSION ITEMS
PART B: PLANNING AND ZONING ITEMS
Chair Hardemon: Madam City Attorney, can you read for -- prepare us for the Planning &
Zoning items.
Victoria Mendez (City Attorney): Thank you, Chairman. We will now begin the Planning &
Zoning portion of the meeting. 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, 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 and -- to remove the presumption of prejudice, pursuant to
Florida Statute Section 286.011(5) and Section 7.1.4 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 or 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
ofpresentation 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, unless
modified by the Chair. The City of Miami requires that anyone requesting action by the City
Commission must disclose before the hearing any provided -- anything provided to anyone for
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. Thank you.
Todd B. Hannon (City Clerk): Good evening, ladies and gentlemen. If you will be speaking on
any of tonight's Planning & Zoning items, if you will be speaking on any of tonight's Planning &
Zoning items, may I please have you stand and raise your right hand?
The City Clerk administered oath required under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Mr. Hannon: Thank you, Chair.
Chair Hardemon: We have a 6 o'clock time certain for item PZ.16, so Mr. -- you have -- oh, you
have some continuances? I hope so. Thank you. Thank you.
Francisco Garcia (Director, Planning & Zoning): Yes, sir. I thought I'd get to those first. So as
mentioned, there are a few items in the Planning & Zoning agenda that are going to be proposed
to be continued or deferred, andl will read the list ofsaid items. In some cases, the applicants
will be here. In some cases, I'll have spoken with the applicants and received directly from them
notice that they wish for the items to be continued, andl will convey that to the Commission for
your action or your consideration. The first item proposed to be continued is item PZ. 1. In the
case of PZ. 1, which is a release of a covenant at 35 Northeast 40th Street, approximately, the
request is that it be continued to May 12. Items PZ.4 and PZ.5 are also proposed to be
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continued, land use and rezoning for 4201 Northwest 2nd Avenue. This request is that they be
continued for June 23. Also requested to be continued are items PZ.6 and PZ 7. This one will
have some interested parties present here. I have spoken with them. These are the land use
change and rezoning proposal for properties along Day Avenue, approximately 3851 Day
Avenue. That is also requested to be continued for the date of June 23. Items PZ 8, PZ9 also
requested to be continued for June 23. These area land use and rezoning for parcels at
approximately 3801 Biscayne Boulevard. Item PZ. 10, also requested to be continued also for
June 23; a parcel to be rezoned or proposed to be rezoned at 3701 Biscayne Boulevard,
approximately. And lastly, also requested to be continued are items PZs 18 and 19, known as the
Mana Special Area Plan, West of Wynwood, and these are requested to be continued to May 26,
pending the review and additional work to be done on the development agreement. That's all I
have, sir.
Chair Hardemon: What's the item number for the Mana projects?
Mr. Garcia: I'm sorry, sir?
Chair Hardemon: For Mana, for those --
Mr. Garcia: Yes. PZs 18 and 19, and that completes the list of items to be continued.
Chair Hardemon: Is there a motion to continue in accordance with --?
Commissioner Gort: Move it.
Commissioner Suarez: So moved. Second.
Chair Hardemon: It's been properly moved and seconded. Is there any unreadiness? Hearing
none, all in favor, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All right, all those are continued as noted. Give me one second while we note
those things.
PZ.1 RESOLUTION
16-00247cr
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A MODIFICATION OF THE DECLARATION
OF RESTRICTIVE COVENANTS DATED ON MARCH 9, 2005, AND
RECORDED IN OFFICIAL RECORDS BOOK 23151, PAGE 4667, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTIES LOCATED ATAPPROXIMATELY 35 NORTHEAST 40TH
STREETAND 34-60 NORTHEAST 41ST STREET, MIAMI, FLORIDA, AS
LEGALLY DESCRIBED IN "EXHIBITA", ATTACHEDAND INCORPORATED.
16-00247cr 05-12-16 CC Fact Sheet.pdf
16-00247cr 05-12-16 CC Staff Analysis.pdf
16-00247cr Supporting Docs.pdf
16-00247cr Legislation (vl).pdf
16-00247cr ExhibitA.pdf
16-00247cr Exhibit B.pdf
16-00247cr Exhibit C.pdf
16-00247cr-Submittal-Steven Wernick-Map and Restrictive Covenants.pdf
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LOCATION: Approximately 35 Northeast 40th Street and 34-60 Northeast 41st
Street [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Steven Wernick, Esquire on behalf of RS JZ Design 40, LLC
and Oak Plaza Associates, LLC
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommendation pending.
PURPOSE: This will allow a release of restrictions.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ 1 was deferred to the May 12, 2016 Regular Commission Meeting.
PZ.2 ORDINANCE Second Reading
11-00700lu
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840
NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
11-00700lu 04-28-16 CC SR Fact Sheet.pdf
11-00700lu Analysis, Maps & PZAB Reso.pdf
11-00700lu Application & Supporting Docs.pdf
11-00700lu Legislation (v2).pdf
11-00700lu Exhibit.pdf
LOCATION: Approximately 840 NE 78th Street [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max
East, Inc., Owner
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc.
PURPOSE: This will change the above property to "Medium Density Restricted
Commercial'.
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Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Suarez
Noes: 1 - Commissioner(s) Hardemon
13605
Chair Hardemon: Now I'll go back into the Planning & Zoning hearing. PZ2.
Francisco Garcia (Director, Planning & Zoning): Sir, item PZ.2 is the companion item to item
PZ 3. Jointly, they are a land use change and rezoning proposal for a property at 840 Northeast
78th Street. It is before you on second reading, and I'll cite for the record -- I know you're
familiar with the item -- that the change proposed is from T5 -R to T5-0, and it will allow an
existing use on the property to become conforming fully; and also, to allow for certain
improvements that we've discussed with the applicants that will result in significant enhancement
of the site. We've recommended approval, as did the Planning, Zoning & Appeals Board. I yield
to the applicants.
Ines Marrero-Priegues: Mr. Chairman, good evening. Members of the Commission, my name is
Ines Marrero. I'm an attorney with offices at 701 Brickell Avenue, and I'm here on behalf of
Marine Max, the applicants on PZ2 and PZ.3. As the director suggested, I don't want to do a
full presentation. This item has been deferred interminably, it seems, to attempt to meet with the
president of the Shorecrest Homeowners Association. I have really, really attempted to the best
of my abilities to reach out and meet; accommodate him at any time that he would like to, and
unfortunately, that was just not something we could do. I can confirm that we continued to
communicate directly with the residents of Northeast 78th Street, who are directly affected by the
rezoning. And it's my understanding as late as today that they still support the rezoning. For the
benefit of Commissioner Russell, who was not here when this item first was initially considered,
we are looking to rezone one parcel of land to T5-0 as T5 -R. It is the last piece of an existing
marina on the Little River Canal. And this was filed many years ago, and there's a long story of
trying to -- the neighbors raising all kinds of issues and the marine -related operations on the
facility addressing the concerns of the neighbors, because they impact the neighbors. In order
for us to move forward, we need to have the zoning approved, because the use is not allowed
with the existing zoning. We are just changing from T5 -R Pestricted'to T5 -O. With the O"
sub -designation, we will be able then to file a warrant. So we were going to prepare plans. We
are going to redesign this facility to mitigate what's really affecting the immediate neighbors; the
neighbors on 78th Street. And they are all supportive of the rezoning, because they want to help
us do what we need to do to continue to have this important business of our community. We had
a -- you know, Mr. Aguirre, Horacio Aguirre a couple of weeks ago talking about training young
people to do marine repairs, and that's what we do. We need these facilities to continue to have
employment and provide services to the community. They're not going to go away. This is very
valuable marine facilities, so we need to work together to come up with a plan to design a
facility that is modern and that really mitigates the impacts to its neighbors. So with that and
with my guarantee that I made every attempt to meet with Mr. Howard under the sun, I urge you
to support the application.
Chair Hardemon: Thank you very much. I'll open up the floor for public hearing. Is there
anyone from the public that'd like to speak on this item? Close the floor for public hearing. This
item has been around in this district for at least six years, seven years, eight years. The
community has always been against it. Look at the future land use map. The site in question is
now medium density multifamily residential. The two parcels to the right of it -- or more
properly, to the east of it -- no. Yeah, I guess that would be east. Well, to the -- I'll just say to the
right of it from this future land use map diagram show that it is multifamily residential; and then
to the east of that, single-family residential. They're proposing to change that parcel that is
immediately abutting the medium density multifamily residential to medium density restricted
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commercial; further encroaches upon the most medium density multifamily residential, which
abuts the single-family residential. Now, residents have come in and they've expressed their
unhappiness with this issue. I take you at your word with how many times you've tried to meet
with Mr. Howard, but this issue, I think, goes past Mr. Howard.
Ms. Marrero-Priegues: I'm aware of that even though I was not involved with this matter at that
time; it was initially filed by another counsel.
Chair Hardemon: Right.
Ms. Marrero-Priegues: Yes.
Chair Hardemon: So, I mean, for some reason or another, this issue is just -- hasn't been
something that could be settled between the community and between this developer, and I know
they had a meeting -- could have been yesterday, the day before. I don't know if they were here
today, but obviously, I mean, this is the time in which they need to be heard. Were they aware --
and I'm speaking to my staff -- they were aware that this meeting was taking place, because we
send this type of notice to those parties, correct?
Unidentified Speaker: Yes.
Chair Hardemon: All right. So.
Ms. Marrero-Priegues: And if I may, respectfully, and this is important, because if the
application is denied, then we cannot use that property. And the operations will continue, but I
believe that the issues to the abutting neighbors will not be addressed, because one of the
proposals that we have is by being able to rezone the property, we can fully redesign the facility.
Then the maneuver ability of the trucks can be improved, which has been the concern of the
immediate neighbors. I still don't -- I'm not clear on what the concerns of the Shorecrest
Homeowners Group is. I have to say -- and the clients are not here -- that -- on their behalf --
they would be very upset to know that there was a meeting last night, and that we were not given
an opportunity to come and present, because the whole reason this item has been deferred for
many, many months is for us to be able to have a conversation and to have dialogue, even if at
the end of the meeting they disagree, but we've not been given that opportunity. And --
Chair Hardemon: They had --
Ms. Marrero-Priegues: -- to find out that they met last night and nobody had the courtesy of
inviting us while we've been begging to participate is somewhat disappointing to me. But --
Chair Hardemon: (UNINTELLIGIBLE) they had a couple of meetings, actually. They had
another meeting that was scheduled before that, but they couldn't reach a quorum. And there
was also a meeting in which they wanted to elect the new board members. This past meeting, as
I understand, they had quorum and they should have elected new board members or leadership.
Did they elect new leadership?
Unidentified Speaker: (INAUDIBLE).
Chair Hardemon: Okay, so -- well, did they have an election? No? So they didn't necessarily
have an election. You know --
Ms. Marrero-Priegues: If the --
Chair Hardemon: --now, I would love to hear the opinions of Commissioners like
Commissioner Gort. See, what do you think about the issues like this? What do you think about
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issues like this where you have a community that -- say you want to meet to discuss these issues,
but have -- that has been difficult to organize a meeting with regarding this ? I know that you've
been reaching out, because I've been cc'd (carbon copied) on the emails where you've attempted
to make contact. I've seen the remarks that you've had in return from Mr. Howard, and so I know
the tone in which you've had to deal with to make this thing work. But, you know, I really look to
hear in this instance how my other Commissioners feel about these types of issues. I can't say --
I mean, this is one of those issues where because it's been delayed so many years, that is
obviously something ofgrave concern.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: Since you're asking for a little bit ofguidance, you know, what I usually
look at is, before making a decision here -- obviously, aside from the community input -- is, What
is the Planning Department recommending? What is the Planning & Appeals Board
recommending?'ivhich is recommending approval by a vote of eight to one, so it's almost a
unanimous approval. It doesn't seem like a huge discrepancy. They're just asking for a change
in category within the same zoning designation. And usually, as you can see from today's
meeting, when there are people in opposition of something, they come in droves; or when they're
in favor of something, they come in droves. And so that, to me, is somewhat instructive. You
know, I find that -- and we have some people here in the audience today that are very active on
Planning & Zoning matters and they let us know how they feel on a regular basis, and they're
very communicative on those matters. And so when somebody wants to express their perspective,
they're -- you know, they're very good about coming and expressing it. So I think the absence of
that is also telling for me, personally; but I defer to your judgment.
Ms. Marrero-Priegues: If I may interrupt -- and I apologize for doing that -- the other thing
that's important is that the approvals are not final. This is -- the rezoning is required and then
we still need to file a warrant; and the warrant will require that --
Commissioner Suarez: Can be appealed.
Ms. Marrero-Priegues: -- we provide notice specifically to Shorecrest, as well as the abutting
property owners. And they will have an opportunity to engage in the review and approval of the
warrant, which is going to involve the actual operation of this facility; and then, they will have
an opportunity to appeal it to the Planning & Zoning Board, and then, if needed, to the
Commission. They have other avenues to exhaust administrative remedies and review. This is
not the end and now we can just do whatever we want. What we want is to expand our
marine -related operations, and that cannot happen without the warrant; notwithstanding the
zoning.
Chair Hardemon: Well, Commissioners, I'll let you know -- I mean, I'm willing to hear a motion
that is -- that -- what you deem appropriate, I guess, in these circumstances. And that motion
would -- of course, gets us to an action, which is to approve or deny this application. We're on
our second reading. This is one of those situations where if you have two readings where, you
know, you're trying to -- this is one of those situations where it shows that when you approve
something on the first reading and you're not particularly okay with it, how dangerous it is when
you have it on the second reading, because you have an instance like this where you don't have
representation here in opposition, where we can't hear any concerns, because now, I don't know
-- I mean, I don't -- since the time has passed, I don't know if things have changed; I don't, I
really don't know. And so Commissioner Suarez gave some advice and I'm sure the Board
Members here have their own opinions about it and I would --
Ms. Marrero-Priegues: I can say that on first reading --
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Chair Hardemon: -- say that we should have at least a motion on the table to get us towards
some type of action.
Commissioner Gort: Move it.
Commissioner Suarez: Yeah. I would second it just because, again, we're talking about
something that's been around since 2011; October 5, the day before my birthday, in 2011. I
mean, that was five years ago, and it's been lingering for five years. And there -- you know,
maybe there was somebody who at the time opposed it very vehemently and doesn't anymore for
whatever reason, because that also happens over time. I would actually argue the opposite kind
of argument that you were making, which was that I think this shows that you can pass something
on first reading and it doesn't necessarily mean it's going to happen. I mean, certainly, it's been
lingering on first reading for five years. So it --I think it supports the proposition that --
Commissioner Gort: (UNINTELLIGIBLE).
Commissioner Suarez: -- ifyou want to be --
Commissioner Gort: You can put restrictions.
Commissioner Suarez: --mindful of it and you want to create more dialogue and discussion that
just because you pass it on first doesn't mean that this is ever going to advance beyond that for a
significant amount of time. I'm even surprised it's still on an agenda, to be quite frank with you.
Commissioner Gort: Even if this is approved today, it's got to come back for a warrant.
Commissioner Suarez: Sure.
Commissioner Gort: Do another warrant. You can put a lot of --
Commissioner Suarez: It's appealable.
Commissioner Gort: -- requirements there, yes.
Commissioner Suarez: Yeah. It's appealable, too
Chair Hardemon: Yeah. So I want the record to properly refect that it's been properly moved
andseconded. Commissioner, yes.
Vice Chair Russell: I feel like I'm coming in at the very end of a long movie. If someone could in
a nutshell, why has it been allowed to be deferred so many times without action? And what has
changed today that has allowed it to come before us?
Chair Hardemon: Mr. Garcia
Mr. Garcia: Yes. Thank you for the opportunity to do so. In the early days of the application,
there were some pending legal issues pertaining to riparian rights on a sliver of the property.
That item was subsequently addressed and resolved in the courts. And so, that made the item
able to come back for proper hearing. It was deferred for that reason; it then came back for
proper hearing. And what I wanted to put on the record, because this goes, I think, directly to
the concern expressed by the Chairman, is that in the early part of the second round of hearings,
once the legal issues were resolved, there was initially some opposition from some of the
stakeholders who were nearby property owners or residents to the subject site. And I have to say
that I've attended a number of meetings, and I know a number of additional meetings that I have
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not attended have been held where their concerns have been addressed directly. And a good
amount of good faith has been built with those nearby stakeholders; again, residents from
properties along the same street and the adjacent property. And what makes all the difference, I
think, is twofold.- It is, one, the ability of the property owners to make improvement to the subject
site that will render it more appealing to the nearby property owners; but, most importantly,
perhaps, their ability to reconfigure the site entirely to accept a much better maneuvering of the
large vehicles that come into the site that will really spare what is predominantly a residential
street immediately to the east of it. Now, that -- or those changes, I should say are the subject of
the warrant that has been discussed. And as you well know, the homeowners association that is
affected will also be notified of that application and will have the ability to chime in, and we'll
seek them out, actually, to chime into that process. So I think the outcome is very, very likely to
be good,- ultimately, if it isn't, and ifwe fail our job to make sure it's good, it can always be
appealed to you, so that's an additional level of assurance.
Chair Hardemon: Well, so it's been properly moved and seconded. Is there any further
discussion? Hearing none, all in favor, say 4ye. "
Todd B. Hannon (City Clerk): Chair, it is an ordinance.
Chair Hardemon: An ordinance. Sorry.
Burnaby Min (Deputy City Attorney): It's an ordinance. And did you open the meeting to the
public?
Mr. Hannon: Opened and closed,- yes, sir.
Mr. Min: Thank you.
Chair Hardemon: I opened and --
The Ordinance was read by title into the public record by Deputy City Attorney Burnaby Min.
Mr. Hannon: Roll call on item PZ.2. Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: Commissioner Suarez?
Commissioner Suarez: Si. "
Mr. Hannon: Commissioner Gort?
Commissioner Suarez: S'ure,'Sy the way.
Commissioner Gort: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: I'm opposed to the ordinance.
Commissioner Suarez: I'm just making sure everybody's awake. Just making sure you guys are
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awake in there in the audience.
Chair Hardemon: Minority.
Commissioner Suarez: I can see you guys dozing off.
Chair Hardemon: Minority.
Mr. Hannon: The ordinance passes on second reading, 4-1.
Ms. Marrero-Priegues: Thankyou very much.
PZ.3 ORDINANCE Second Reading
11-00700zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM
"T5 -R" URBAN CENTER ZONE -RESTRICTED TO 75-0" URBAN CENTER
ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840
NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
11-00700zc 04-28-16 CC SR Fact Sheet.pdf
11-00700zc Analysis, Maps & PZAB Reso.pdf
11-00700zc Application & Supporting Docs.pdf
11-00700zc Legislation (v2).pdf
11-00700zc Exhibit.pdf
LOCATION: Approximately 840 NE 78th Street [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Marine Max
East, Inc., Owner
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 11-007001u. Item does not include a covenant.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
October 5, 2011 by a vote of 8-1.
PURPOSE: This will change the above property from 75-R" Urban Center
Zone - Restricted to 75-0" Urban Center Zone - Open.
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 Suarez
Noes: 1 - Commissioner(s) Hardemon
13606
Chair Hardemon: PZ 3.
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City Commission Meeting Minutes April 28, 2016
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Is there arty further discussion?
Barnaby Min (Deputy City Attorney): And ordinance of the Miami --
Chair Hardemon: Open up --open the public hearing. Is there anyone that'd like to speak?
Closing, seeing none.
The Ordinance was read by title into the public record by Deputy City Attorney Barnby Min.
Todd B. Hannon (City Clerk): Roll call on item PZ.3. Commissioner Suarez?
Commissioner Suarez: Yes.
Mr. Hannon: Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: Minority.
Mr. Hannon: The ordinance passes on second reading, 4-1.
Ines Marrero-Priegues: Again, many thanks.
PZ.4 ORDINANCE Second Reading
15-00974lu
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY
0.17 ACRES OF REAL PROPERTY WHICH IS THE EASTERN PORTION OF
A PROPERTY COMPRISED OF APPROXIMATELY 0.40 ACRES LOCATED AT
APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA,
FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FORAN EFFECTIVE DATE.
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15-00974lu 04-28-16 CC SR Fact Sheet.pdf
15-00974lu Analysis, Maps & PZAB Reso.pdf
15-00974lu Application & Supporting Docs.pdf
15-00974lu Legislation (v2).pdf
15-00974lu Exhibit.pdf
LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 Design West, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 15-00974zc.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
October 21, 2015, by a vote of 11-0.
PURPOSE: This will change the Land Use Designation of the eastern portion
of the above property from "Duplex Residential' to "Low Density Restricted
Commercial'.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ.4 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.5 ORDINANCE Second Reading
15-00974zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM
T3 -L "URBAN TRANSECT ZONE - LIMITED" TO T4 -L "GENERAL URBAN
CENTER TRANSECT ZONE - LIMITED" AND T4 -L "GENERAL URBAN
CENTER TRANSECT ZONE - LIMITED" TO T4-0 "GENERAL URBAN
CENTER TRANSECT ZONE - OPEN", FOR THE PROPERTY LOCATED AT
APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
15-00974zc 04-28-16 CC SR Fact Sheet.pdf
15-00974zc Analysis, Maps & PZAB Reso.pdf
15-00974zc Application & Supporting Docs.pdf
15-00974zc Legislation (v3).pdf
15-00974zc Exhibit 1.pdf
15-00974zc ExhibitA.pdf
LOCATION: Approximately 4201 NW 2nd Avenue [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Steven Wernick, Esquire, on behalf of 4201 NW 2 Avenue,
City of Yliami Page 108 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 15-00974Iu. Item does not include a covenant.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with
conditions, on October 21, 2015, by a vote of 11-0.
PURPOSE: This will allow a Zoning Classification change from T3 -L "Urban
Transect Zone- Limited" to T4 -L "General Urban Center Transect Zone -
Limited" and T4 -L "General Urban Center Transect Zone - Limited" to T4-0
"General Urban Center Transect Zone - Open" for the above property.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ.5 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.6 ORDINANCE First Reading
15-00969lu
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORI DA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF 1.07± ACRES OF
THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850,
3860, 3841, 3851, 3865 AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM
"DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
15-00969lu 04-28-16 CC FR Fact Sheet.pdf
15-00969lu Analysis, Maps & PZAB Reso.pdf
15-00969lu Application & Supporting Docs.pdf
15-00969lu Legislation (v2).pdf
15-00969lu Exhibit A.pdf
LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and
3875 Day Avenue [Commissioner Ken Russell - District 2]
APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove
Gateway, LLC.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of the
parcels located at 3875, 3865, 3851 and 3841 Day Avenue and denial of the
parcels located at 3860, 3850, 3840 and 3830 Day Avenue. See companion
File ID 15-00969zc.
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City Commission Meeting Minutes April 28, 2016
PURPOSE: This will change the land use designation for the above properties
from "Duplex Residential' to "Low Density Restricted Commercial'.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ. 6 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.7 ORDINANCE First Reading
15-00969zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM
T3-0 "SUB -URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT
GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO T4-0 "GENERAL
URBAN TRANSECT ZONE - OPEN", WITH A NCD -3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT, FOR THE PROPERTIES
LOCATED ATAPPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865,
AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
15-00969zc 04-28-16 CC FR Fact Sheet.pdf
15-00969zc Analysis, Maps & PZAB Reso.pdf
15-00969zc Application & Supporting Docs.pdf
15-00969zc Legislation (v2).pdf
15-00969zc ExhibitA.pdf
LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and
3875 Day Avenue [Commissioner Ken Russell - District 2]
APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove
Gateway, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 8,
9, 10 and 11 (3841, 3851, 3865 and 3875 Day Avenue) and denial of Lots 12,
13, 14 and 15 (3860, 3850, 3840 and 3830 Day Avenue). Item does not include
a covenant. See companion File ID 15-009691u.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on
October 21, 2015, by a vote of 9-2.
PURPOSE: This will allow a zoning classification change for the above
properties from T3-0 "Sub -urban Transect Zone - Open" with a NCD -3 Coconut
Grove Neighborhood Conservation District, to T4-0 "General Urban Transect
Zone - Open" with a NCD -3 Coconut Grove Neighborhood Conservation
District.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
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City Commission Meeting Minutes April 28, 2016
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ 7 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.8 ORDINANCE First Reading
09-00863lu 1
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF .75±ACRES, AS
DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE
REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI,
FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801
BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING ASEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
09-00863lul 04-28-16 CC FR Fact Sheet.pdf
09-00863lul Analysis, Maps & PZAB Reso.pdf
09-00863lul Supporting Docs.pdf
09-00863lul Legislation (v2).pdf
09-00863lul Exhibit.pdf
LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th
Street [Commissioner Ken Russell - District 2]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and
3801 Biscayne Corp.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 09-00863zcl.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on
February 17, 2016, by a vote of 6-1.
PURPOSE: This will change the above properties from "Medium Density
Multifamily Residential' to "Medium Density Restricted Commercial'.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ8 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.9 ORDINANCE First Reading
City of Yliami Page 111 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
09-00863zc1
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY .75±ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED
AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455
NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE
REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, FROM T4 -R, "GENERAL URBAN ZONE - RESTRICTED", TO T5-0.
"URBAN CENTER ZONE - OPEN"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE.
09-00863zcl 04-28-16 CC FR Fact Sheet.pdf
09-00863zcl Analysis, Maps & PZAB Reso.pdf
09-00863zcl Supporting Docs.pdf
09-00863zcl Legislation (v2).pdf
09-00863zcl Exhibit.pdf
LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th
Street [Commissioner Ken Russell - District 2]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and
3801 Biscayne Corp.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial of the
proposed zoning change as presented, but recommended approval of the
proposed zoning change with the condition that the entire subject area be
rezoned to T5 -L. See companion File ID 09-00863lu1.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on
February 17, 2016, by a vote of 6-1.
PURPOSE: This will change the zoning for a portion of the above properties
from 74-R" General Urban Zone - Restricted to 75-0" Urban Center Zone -
Open.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ.9 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.10 ORDINANCE
15-00975zc
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM
T6 -12-L "URBAN CORE TRANSECT ZONE - LIMITED" TO T6-12-0 "URBAN
CORE TRANSECT ZONE - OPEN", FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3701 AND 3737 BISCAYNE BOULEVARD AND 306 AND
316 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AS DESCRIBED IN
City of Yliami Page 112 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
EXHIBIT"A", ATTACHEDAND INCORPORATED; MAKING FINDINGS;
CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FORAN
EFFECTIVE DATE.
15-00975zc 04-28-16 CC FR Fact Sheet.pdf
15-00975zc Analysis, Maps & PZAB Reso.pdf
15-00975zc Application & Supporting Docs.pdf
15-00975zc Legislation (v2).pdf
15-00975zc Exhibit.pdf
LOCATION: Approximately 3701 and 3737 Biscayne Boulevard and 306 and
316 NE 38th Street [Commissioner Ken Russell - District 2]
APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of MacArthur
Properties III, LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
September 2, 2015, by a vote of 7-2.
PURPOSE: This will allow a zoning classification change for the above
properties from T6 -12-L to T6-12-0.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
DEFERRED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ. 10 was deferred to the June 23, 2016 Planning and Zoning
Commission Meeting.
PZ.11 ORDINANCE Second Reading
15-00976zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1.04 ACRES FROM T6 -8-L "URBAN CORE TRANSECT
ZONE - LIMITED" TO T6-8-0 "URBAN CORE TRANSECT ZONE - OPEN"
FOR THE PROPERTY LOCATED ATAPPROXIMATELY 1150 NORTHWEST
11TH STREET ROAD, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBITA",
ATTACHEDAND INCORPORATED; ACCEPTING A COVENANT PROFFERED
BY THE MIAMI-DADE COUNTY, PUBLIC HOUSING AND COMMUNITY
DEVELOPMENT, ATTACHEDAND INCORPORATEDAS "EXHIBIT B";
MAKING FINDINGS; CONTAINING ASEVERABILITY CLAUSEAND
PROVIDING FOR AN EFFECTIVE DATE.
15-00976zc 04-28-16 CC SR Fact Sheet.pdf
15-00976zc Analysis, Maps & PZAB Reso.pdf
15-00976zc Application & Supporting Docs.pdf
15-00976zc Covenant.pdf
15-00976zc Legislation (v3).pdf
15-00976zc ExhibitA.pdf
City of Yliami Page 113 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
LOCATION: Approximately 1150 NW 11th Street Road [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Miami Dade County, Public Housing and Community
Development
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
November 4, 2015, by a vote of 11-0.
PURPOSE: This will allow a zoning classification change from T6 -8-L "Urban
Core Transect Zone - Limited" to T6-8-0 "Urban Core Transect Zone - Open"
for the above property.
Motion by Commissioner Gort, 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
13602
Chair Hardemon: Moving on now to PZ.11.
Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. Item PZ.11 is also before
you on second reading. This is a proposal fora rezoning. There is no land use change; simply a
rezoning for the property at 1150 Northwest 11th Street Road. And the change sought is from
T6 -8-L, which it is presently T6-8-0. As you might recall in the previous hearing, there was
some concern expressed that the range of uses associated with the L'bategory was broad. That
has been addressed through a covenant that has been reviewed by the City Attorney's Office and
found to be correct inform, and that satisfies the concerns that we had set forth; for that reason,
we are recommending your positive consideration of this item, as did the Planning, Zoning &
Appeals Board.
Chair Hardemon: Is my friend from Miami Dade College, is she here? Did she go --?
Commissioner Gort: I think she went home.
Chair Hardemon: She went home? See, she's not here to advocate her position, is she? Oh,
man. Is there a motion to approve this?
Commissioner Gort: Move it.
Commissioner Suarez: So move -- second
Chair Hardemon: It's been properly moved and seconded to approve.
Commissioner Gort: It's an existing building. It's been there; they're just going to change a little
bit of the use.
Chair Hardemon: Been properly moved and seconded to approve. I'll open up the floor for
public hearing. Is there anyone from the public that'd like to speak on this item? Seeing none,
it's an ordinance.
The Ordinance was read by title into the public record by Deputy City Attorney Barnby Min.
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City Commission Meeting Minutes April 28, 2016
Todd B. Hannon (City Clerk): Roll call on item PZ. 11. Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Suarez?
Commissioner Suarez: Yeah.
Mr. Hannon: Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardemon: Oh, there she is. There she is; she's still here. For.
Commissioner Carollo: And yes.
Mr. Hannon: And Commissioner Carollo?
Commissioner Carollo: Yes.
Mr. Hannon: The ordinance passes on second reading, 5-0.
Chair Hardemon: Your item passed.
Unidentified Speaker: Thank you.
Chair Hardemon: You worked hard.
Commissioner Suarez: Hard work, hard work.
Commissioner Gort: Great presentation.
Commissioner Suarez: Hard work, hard work.
Unidentified Speaker: I know; four times.
PZ. 12 ORDINANCE Second Reading
11-01196ap3
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS, PURSUANT TO
ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AN AMENDMENT TO THE PREVIOUSLY
APPROVED "MIAMI DESIGN DISTRICT RETAIL STREET" ("MDDRS")
SPECIAL AREA PLAN ("SAP"), FOR THE REMOVAL OF PROPERTIES
LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET,
MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, REMOVING APPROXIMATELY 13,086 SQUARE
FEET, OR 0.30 ACRES, OF LOT AREA SPLITAMONG TWO (2) PARCELS
FOR A NEW TOTAL COMBINED LOT AREA OF 982,600 SQUARE FEET, OR
22.56 ACRES; AMENDING THE ZONING ATLAS OF ORDINANCE NO 13114
AND TO AMEND THE REGULATING PLAN OF THE MDDRS SAP
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City Commission Meeting Minutes April 28, 2016
ACCORDINGLY; MAKING FINDINGS OF FACTAND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING
A SEVERABILITY CLAUSE AND PROVIDING FORAN EFFECTIVE DATE.
11-01196ap3 04-28-16 CC SR Fact Sheet.pdf
11-01196ap3Analysis, Maps & PZAB Reso.pdf
11-01196ap3 Supporting Docs.pdf
11-01196ap3 Legislation (v2).pdf
11-01196ap3 04-28-16 CC SR ExhibitA.pdf
11-01196ap3 04-28-16 CC SR Exhibit C.pdf
11-01196ap3 04-28-16 CC SR Exhibit D.pdf
11-01196ap3 FR & SR Exhibit E.pdf
11-01196ap3-Submittal-Paul Savage -Planning, Zoning and Appeals Board Fact Sheet Package.pd
LOCATION: Selected Parcels, Approximately 53 and 61 Northeast 41 Street
[Commissioner Keon Hardemon - District 5]
APPLICANT(S): Steve J. Wernick, Esquire, on behalf of Miami Design District
Associates, LLC and the City of Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval with
conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with
conditions, on January 20, 2016 by a vote of 7-2.
PURPOSE: This will allow the removal of certain parcels of approximately .30
acres from the "Miami Design District Retail Street Special Area Plan" ("SAP)"
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
13603
ChairHardemon: PZ.12.
Francisco Garcia (Director, Planning & Zoning): Thank you, sir. Items PZ 12 and 13 are
companion items, and this is to remove the Special Area Plan overlay onto properties in the
Design District, more specifically, at 53 and 61 Northeast 42nd Street. You may remember this
is the property that is the site for the Institute for Contemporary Art, a museum that was
presented to this Board of Commissioners some time ago. And what l presented to you the last
time around and would like to put on the record again is that we are comfortable that the end
result for the development of this site will be well guided by the change in zoning that took place,
which changed the designation to CI, or civic institutional; as well as the exception process.
Once thatprocess is complete, which has all the safeguards necessary to make the project itself
contextual and I'm sure will be essentially the same regulations that would otherwise be
applicable to the SAP (Special Area Plan) overlay, as applicable. That is the subject of item
PZ.12. And item PZ. 13 is simply an amendment or revision to the development agreement so
that that removal of the overlay --
Commissioner Suarez: Move PZ 12.
Mr. Garcia: --can properly be approved.
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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 -- oh, yeah, I forgot; they do have
opposition. Can you step to the lectern? Welcome, sir.
Paul Savage: Thank you. Thank you, Chairman. I know the hour is late, and I will move very
quickly. My name is Paul Savage. I have law offices at 100 Almeria Avenue. I'm here
representing Mr. Basil Benz and Ms. Wendy Stefan, who --Mr. Benz lives on the street
immediately to the rear of this structure; and Ms. Stefan lives the next street down. Very quickly,
I just wanted to alert the Commission to an issue that you have -- probably a legal issue, what
appears to be a legal issue, which is this is a development agreement that is governed by Chapter
163 of the Florida Statute, and that statute provides that as long as a property is in a
development agreement, it is governed by the zoning enacted at the time of the development
agreement for as long as there's development on that land. And what should have happened --
your Planning directors discussed that, Don't worry, we've already rezoned this parcel so that it
can have the museum on it, and all that is fine, 'but what should have happened under the statute
is that when you are changing the zoning of a development agreement property, which this is,
you're supposed to have public hearings that are certain species of hearings under 163. It says
in the statute, The local government's laws and policies governing the development of the land at
the time of the execution of the development agreement shall govern the development of the land
for the duration of the development agreement. "And you may change the zoning, but only if the
local government has held a public hearing and determined certain factors; that's under
163.3233. What -- and so there was away to do this, but in what I would describe as great haste
to build a museum, which is, by the way, largely constructed -- or haffway constructed now. The
property was rezoned. The development agreement issue was ignored, the Chapter 163 was
ignored,- it was rezoned improperly; building permits were issued. And now, at the end of this
long story -- by the way, the rezoning is on appeal -- there would be nothing wrong with waiting
until the Circuit Court Appellate Division rules on the propriety of the rezoning, which is on
appeal by us. At the end of this long story, now kind of in the wrong order, now we're going to
carve out apiece of the Special Area Plan. I've thrown a lot of technical and legal things at you,
but also, as a matter ofpublic policy, this Special Area Plan was negotiated and with the
neighbors and with public input, and one of the big issues was that the height would be limited to
a certain height. And this is on the sensitive side; this isn't in the more commercial areas. This is
against the Buena Vista, with single-family homes right behind it. So if there was -- it doesn't
make sense to have a Special Area Plan in the development agreement if you just want to wake
up one day and carve apiece out. And those negotiations and that neighborhood buy -in was
basically cut out. So I think that the City should stop this runaway train; they should hold on, on
taking this out of the development agreement and taking it out of the Special Area Plan; let the
court, number one, decide on the zoning. And if you want to hold the hearings that should have
been held under the statute that would be a good idea, too. For those reasons, again -- and now,
also, we have someone else from the neighborhood to put her remarks on the record.
Chair Hardemon: I have a question for you.
Mr. Savage: Yes, sir.
Chair Hardemon: Does what we're doing today affect the nature or the result -- potential result
of the appeal that you filed?
Mr. Savage: The appeal that's being filed right now -- and by the way, if Victoria Mendez were
here, she would jump over and tackle me for -- I'm not allowed to talk about pending cases, but I
won't say anything sensitive. The appeal is a closed record and that rezoning is up being
evaluated by the courts. So what I'm saying, though, is that that appeal -- the subject matter of
that appeal is a rezoning.
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Chair Hardemon: Right.
Mr. Savage: And one of the preamble items in your legislation that you're adopting tonight is
talking about, you know, whereas there was a rezoning by the City and it was in every way
appropriate. So you're saying that again tonight, and I think that before you do, you should
probably wait; and also, maybe ask your legal staff to re-examine Chapter 163 to see if anything
that I'm saying is valid, and that needs to be done.
Chair Hardemon: Now, so this is the same matter where I believe the developer -- and I'm sure
you can qualify these statements, but I'm speaking to him at this moment -- where the developer
felt that he would build anyway, and that's when you filed your appeal. And despite the appeal,
what most, say, developers would not build,- they would wait until the merits are decided, he
decided to build anyway. So if, for instance, this is ruled in your favor -- the appeal is ruled in
your favor, does that subject that property to demolition?
Mr. Savage: Yes. There's a famous case that all of us in the business know called Pinecrest
Lakes versus Shidel out of the 4th District where some townhomes or condominiums were torn
down at the end of one of these legal proceedings; and which is why, when I typically file my
petitions for writ of certiorari from this body into the Appellate Court, it typically stops. We
talked about this a little bit on first reading. This is an individual who is willing to self -fund,
apparently. I think one of the Commissioners talked about other projects that are -- have
investors and have loans, and things like that. They definitely put on the brakes and do not go
forward. This project is going forward, so I think that they are running a great risk under the
law that I cited.
Commissioner Suarez: Yeah, I --
Chair Hardemon: Okay. Thank you very much
Commissioner Suarez: --what I had said in the hearing was that when you're financed and it's
someone else's money that you're using, they are much more careful with their own money than
whomever is privately financing the project.
Mr. Savage: Absolutely. And I will just gently suggest that while that --I think the concept is,
well, if they're willing to do that, then that's their business and that's not our business.
Chair Hardemon: I mean, I
Mr. Savage: But the idea --
Chair Hardemon: -- certainly would look at it like, look -- and this is one of those things where
if you're on the losing side of this thing, then I don't see how you can expect any sympathy for the
actions. And I'm saying that now because, I mean, I was on the -- well, I'll just say, because
you're moving forward expeditiously, and that's okay; it's your right to do so; it's your money.
You can burn it, you can give it away, you can throw it down the wishing well, you could fold it
up like (UNINTELLIGIBLE), or you could make it into a kite and fly it into the sky; it's your
money. But if you are wrong, then don't cry to the Miami City Commission when that building
comes tumbling down; that's just the way that I look -- that's just my opinion. That's not
necessarily their opinion. But, I mean, really. So thank you, sir.
Mr. Savage: Commissioner --
Chair Hardemon: I know, ma'am, you have a couple comments you want to put on the record.
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Mr. Savage: Thank you. Thank you, Chairman.
Robin Porter: Good evening. Robin Porter, owner, 122 Northeast 43rd Street. And, yes, it
would be a shame to bring the building down; but right now, it's almost at 50 feet, and it's going
to 67 and a half. So we're asking you to not remove this from the SAP now for a number of
reasons. First of all, the negotiations with the neighborhood and Craig Robins with Dacra. And
the City Commission agreed that the properties that were sensitive for us, which are the ones that
are abutted up one- and two-story homes, historic homes; in addition to that, the Commission set
a cap at 49 feet. So carving these properties out is tantamount to spot zoning. And what faith do
we have in any future development if Miami 21 gives us no protections for zoning or otherwise?
There's no buffer zone, as Miami 21 had put forth, to protect us between more dense and
commercial areas and low-density residential; in this case, historic neighborhoods.
Furthermore, permitting properties to be removed from the SAP because the development
agreement is no longer convenient has been -- become too restrictive, gives no protection to
anyone but a developer. Residents are ignored, and they'll windup living in the shadow of a
70 foot building, to say nothing of precedent. Finally, your ordinance not only protects this
building, you outright granted more height than it's actually being built for. You've included this
81 foot measurement in the statement, and Fin asking you to deny it. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Jose Diaz: Jose Diaz, Akerman, LLP (Limited Liability Partnership), 98 Southeast 7th Street,
11th Floor, Miami, Florida 331 [sic]. It might feel like Groundhog's Day because these are the
same arguments we heard last month when you passed this 5-0 in first reading. This has nothing
to do with height. This has nothing to do with the rezoning that has already passed. They're
trying to rehash the same arguments that are being litigated in court. The developer understands
that they are taking a risk by starting to build the building, but to remove these parcels from the
SAP is not removing any commitment that they made to the neighbors; as a matter offact, it's a
condition that the PZAB (Planning, Zoning & Appeals Board) put into the record when they
passed out of P7,AB this very plan. So we're just complying with the PZAB order. We're
removing this, which is a logical step, from the SAP. We're not asking for any additional height,
we're not asking for rezoning; that's all been done in the past.
Chair Hardemon: I want to ask you a question, and your answer to this question will determine
how I decide to vote. You -- the height limitation for the SAP on this subject property, what was
the height limitation on this subject property within the SAP?
Commissioner Gort: The change will allow three, four feet; two to three feet.
Chair Hardemon: Mr. Garcia, what was the height limitation for this subject property within the
SAP?
Mr. Garcia: There were no height limitations set forth specifically in the SAP. The SAP was
simply a master plan of sorts, a regulatory document that set forth setbacks and that set forth
specific provisions for design of the buildings. Right? The height itself would be determined by
the underlying zoning designation. By making the changes that we made -- that this Commission
made -- that we recommended to change the designation to CI -- and this is a matter of public
record and this was abundantly discussed and very transparent, nothing rushed about this --
everyone understood that there would be some additional height to be gained by the building
that would be built; namely, the museum. So that has been perfectly transparent; and, certainly,
the result is that some additional height was gained. However, that height limit was a result of a
zoning designation; not of the special area plan, per se.
Chair Hardemon: Okay. So the zoning designation -- you're saying the zoning designation that
was previously decided that -- where we've had two public hearings on is approved?
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Mr. Garcia: In fact, if I may, very briefly, three steps, because you had first the zoning change;
and subsequently, the exception application, which reflected the building in its very specific
design.
Chair Hardemon: Okay.
Mr. Garcia: So what changed the height was the change of the zoning designation; not the
special area plan provisions.
Chair Hardemon: Okay. So do we know what the height -- as a result of the zoning change,
what that height requirement is today?
Mr. Garcia: Yes.
Chair Hardemon: And the zoning change you're saying is -- was that the first vote when it was
being considered to be apart of the SAP?
Mr. Garcia: That's correct.
Chair Hardemon: Okay.
Mr. Garcia: And so originally, it would have been -- if memory serves -- 40 feet. And I'm
speaking from memory. I'm happy to double check right now -- and perhaps someone is -- under
the T4 zoning designation that originally applied, it was 40 feet; and subsequently, with CI,
additional flexibility was gained to allow it to go to the height that it was finally approved, which
is -- I'm --from memory, roughly 53 feet; I may be a little bit off about that.
Chair Hardemon: So with this approval, does it allow arty further increase in height?
Mr. Garcia: No, sir. The removal of the SAP overlay does not have any effect on the height if
that's the question.
Chair Hardemon: Does it have any effect on the setbacks?
Mr. Garcia: The setbacks were subject ultimately to review; not specifically set forth; and
specific waivers were included in the exception applied for, for the museum, which allowed it to
move forward -- again, the subject ofpublic hearings -- which allowed it to move forward to be
flush -- and I think this Commission heard it, as well -- to be flush with the abutting buildings.
Chair Hardemon: Right.
Mr. Garcia: You may recall.
Chair Hardemon: I remember that; I remember.
Commissioner Suarez: I remember that one, too.
Chair Hardemon: I think the issue was --
Commissioner Gort: The back setbacks.
Chair Hardemon: -- the properties that were on the back side of it, which are the ones that were
abutting the residential properties.
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Mr. Garcia: Right.
Chair Hardemon: There was a lot of discussion about having the setback on that side of it to be
greater than the setbacks that would have traditionally been allowed under the zoning. So what
-- my question is: If we pass this today, does it change the requirement that the setbacks were at
that time negotiated by the community?
Mr. Garcia: No. My opinion is that they don't, simply because by virtue of the unity of title that
ties all the properties involved, which actually crossed the block and go from street to street,
those setbacks are essentially erased. On the residential side, of course, there are no setbacks,
because there are no structures on the southern end of the lot. They're in full compliance with
the CI setbacks that they would have otherwise have to require -- I'm sorry -- that they would
otherwise be required to comply with.
Chair Hardemon: Is that what you completely understand about the properties?
Mr. Diaz: That's our understanding. I was nodding my head. But the rear setback, just so you
know, is a hundred feet.
Chair Hardemon: Yeah. And—
Mr.
nd--
Mr. Diaz: And it remains that, and the height remains the height; and again, it's just red
herrings and muddying the waters, talking about things that were really the subject of that
rezoning, and not this. This is just removing those two parcels, which are very tiny, from a larger
SAP.
Chair Hardemon: Okay. So, Mr. Francisco, our action today, does it --besides removing this
from the SAP, does this action take away from any of the negotiations that the community had
regarding the subject property?
Mr. Garcia: It doesn't sir, but I would like to, with your permission, take it one step beyond and
say the following, which I think addresses the issue that we're all talking about, and it is this:
The building presently being built responds and complies with all the applicable zoning
regulations -- right? -- that have been approved by this Commission and all the applicable
regulations that were observed within the exception process that the project went through, as
well. So those are the regulations that directed the design and the implementation of the
building, and those stand. The removal of the SAP overlay simply makes it abundantly clear;
there are no countermanding effects of the SAP remaining in place, but it simply makes it
perfectly clear that it is now superfluous and should be removed anyway. Where it does have
some bearing --just to be abundantly clear and abundantly transparent -- where it does have
some bearing is in the ability to provide parking for the subject structure -- right? -- because
these are properties that are within the Design District and also properties that are within the
SAP, which has provisions pertained to parking; there, it does make a difference. But the
compliance with parking can be obtained in a number of fashions; and therefore, they are not the
subject or don't have any regulatory effect vis-a-vis the removal of the SAP. I can say that again
if I need to be clearer, but parking would be the only regulatory issue where it might make
somewhat of a difference. By the way, that difference would be to the detriment of the present
property owners; not in favor of the present property owners, I might add.
Chair Hardemon: I remember in -- so in the next item we removed from the development
agreement, too, right? They would not have to comply with the development agreement, and I
don't remember what the owner -- well, I remember the owner saying that he'd done so much
with the neighboring community as of today, and there was no need to really extend himself to
allow for other individuals within the community to visit the museum free of charge, to have
interns, (UNINTELLIGIBLE) that was a big hoopla around that time. And so I could imagine
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that anything that they've agreed to under the development agreement now would also not apply
to them, as well. So ICA, who is building this facility, right now, if we remove this with PZ. 12
and then also PZ. 13, we really have no obligations to the development agreement, whatsoever;
no obligations to the SAP; only to what he's allowed to do under the -- as of right, if you will?
Mr. Garcia: And to respond to your question, what I present to this body -- and happily do so
again -- is that the exception issue for the project that is being built contains and supplants and
supersedes, and encompasses all the restrictions that otherwise would have been applicable
under the SAP, bar none.
Chair Hardemon: (UNINTELLIGIBLE) the development agreement.
Mr. Garcia: I'm sorry? For the development agreement, yes. So then the net result would be the
same.
Chair Hardemon: All right.
Mr. Savage: Mr. Chairman --
Chair Hardemon: I'll give you a minute.
Mr. Savage: Yeah; less than a minute. Just for my record, sir, I just want to make sure that I did
hear the Planning director. He talked about the height. Yeah, it made a difference. We went
from T4 to, I believe, T5 on the rezoning. And the SAP, the SAP in the map on page A1.7 of the
Miami Design District Retail Street Special Area Plan amendment, which is part of the SAP, has
a map showing the current and proposed zoning. And the subject parcel in the current is 174-0
and in the proposed is T4-0 in the governing Special Area Plan. And then, I have also a 2013
P7,AB analytical report that actually lists all of the properties, you know, by number. These two
parcels are numbers 39 and 40 in all of these SAP maps. And in the zoning classifications from"
and to,'they are listed as T4-0 to T4-0, with no change. So the up -zoning that did increase the
height, it does change it from what the governing SAP --
Chair Hardemon: This one is the up -zoning from then; or is this the up -zoning today --
Commissioner Suarez: Up -zoning from then.
Chair Hardemon: --its at today?
Mr. Savage: The problem -- here's the problem: You have a timing problem, because you
rezoned a property in violation of the development agreement and the special area plan when
you rezoned it. According to me -- other people may not agree -- but the way I read this record is
we came in on a house on fire on a rezoning, and not really looking at the development
agreement and the Special Area Plan, which had a zoning in it. So that's your issue. That's your
issue. But --
Chair Hardemon: I wish you luck on your appeal.
Mr. Savage: Okay. I just want to make sure that the record is clear that, yes, taking it out of the
Special Area Plan does change things.
Chair Hardemon: Is there a motion?
Commissioner Suarez: I think it's been moved, right? I moved it.
Todd B. Hannon (City Clerk): Chair --
City of Miami Page 122 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
Commissioner Gort: It's already been moved
Chair Hardemon: So there's a motion and a second
Mr. Hannon: Yes, sir; there's a motion and a second. Yes, sir. Do you want to close your public
hearing, Chair?
Chair Hardemon: Oh, I didn't -- oh, I'm sorry. Did I close -- well, seeing no other persons that
want to speak on the item, I'll close the public hearing at this time. City Attorney.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item PZ 12.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
PZ.13 ORDINANCE Second Reading
11-01196da3
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA
STATUTES, BETWEEN THE "MIAMI DESIGN DISTRICT RETAIL STREET"
("MDDRS") SPECIALAREA PLAN ("SAP") APPLICANT ENTITIES, AS
DESCRIBED IN EXHIBIT "A", (COLLECTIVELY "APPLICANTS") AND THE
CITY OF MIAMI TO REMOVE THE PROPERTIES LOCATED AT
APPROXIMATELY 53 AND 61 NORTHEAST 41 STREET FROM THE MDDRS
SAP AND TO AMEND THE REGULATING PLAN TO REFLECT THE REMOVAL
OF THE PROPERTIES; AUTHORIZING THE FOLLOWING USES
INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL,
LODGING, CIVIC, EDUCATIONAL, CIVIL SUPPORT, ANDANY OTHER USES
AUTHORIZED BY THE MDDRS SAP AND RELATED DEVELOPMENT
AGREEMENT, AND PERMITTED BY THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN -FUTURE LAND USE MAP DESIGNATION AND THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; AUTHORIZING A DENSITY OF APPROXIMATELY
65 UNITS PER ACRE; AUTHORIZING A MAXIMUM BUILDING HEIGHT OF 81
FEET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
11-01196da3 04-28-16 CC SR Fact Sheet.pdf
11-01196da3 Legislation (vl).pdf
11-01196da3 04-28-16 CC SR ExhibitA.pdf
11-01196da3 FR & SR Exhibit B.pdf
11-01196da3-Submittal-Paul Savage -Planning, Zoning and Appeals Board Fact Sheet Package - C
LOCATION: Selected Parcels, Approximately 53 and 61 NE 41 Street
[Commissioner Keon Hardemon - District 5]
City of Yliami Page 123 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
APPLICANT(S): Steve J. Wernick, Esquire, on behalf of Miami Design District
Associates, LLC and the entitles listed on Exhibit A, and the City of Miami
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will authorize the City Manager to execute an amendment to
Amended and Restated Development Agreement.
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
13604
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. Real quick, PZ.20 --
Commissioner Gort: Wait.
Todd B. Hannon (City Clerk): I'm sorry. We still have PZ.13, sir; companion item.
Commissioner Suarez: Move PZ. --
Commissioner Carollo: Move it.
Commissioner Suarez: -- 13.
Commissioner Carollo: Second.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. I open up for public hearing. Is there
anyone from the public that'd like to speak on this item?
Commissioner Gort: I got PZ 14 then --
Mr. Hannon: Chair, actually, you had opened the public hearing for PZ. 12 and 13 at the same
time.
Chair Hardemon: I did?
Mr. Hannon: Yes, sir.
Chair Hardemon: Okay, great.
Commissioner Suarez: I think he got his licks in on both. I think you got your licks in on both,
yeah.
Chair Hardemon: Mr. Attorney.
The Ordinance was read by title into the public record by Deputy City Attorney Barnby Min.
City of Miami Page 124 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
Mr. Hannon: Roll call on item PZ. 13.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
PZ. 14 ORDINANCE Second Reading
15-00972zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
THE PROPERTY LOCATED ATAPPROXIMATELY730, 742, 750, 756, 762,
768, 774, 780 AND 786 NORTHWEST 36TH STREET FROM T5 -L, "URBAN
CENTER TRANSECT ZONE - LIMITED", TO T6 -8-L, "URBAN CORE
TRANSECT ZONE - LIMITED", AND 739, 749, 755, 761 AND 765
NORTHWEST 35TH STREET, MIAMI, FLORIDA FROM T4 -R, "GENERAL
URBAN TRANSECT ZONE - RESTRICTED", TO T5 -L, "URBAN CENTER
TRANSECT ZONE - LIMITED"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FORAN EFFECTIVE DATE.
15-00972zc 04-28-16 CC SR Fact Sheet.pdf
15-00972zc Analysis, Maps & PZAB Reso.pdf
15-00972zc Supporting Docs.pdf
15-00972zc Legislation (v2).pdf
15-00972zc Exhibit.pdf
LOCATION: Approximately 730, 742, 750, 756, 762, 768, 774, 780, and 786
Northwest 36th Street and 739, 749, 755, 761, and 765 Northwest 35th Street
[Commissioner Wifredo (Willy) Gort - District 1]
APPLICANT(S): Iris Escarra, Esquire, on behalf of Rebuild Miami Eden Park,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended denial. See
companion File ID 15-009721u.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with
conditions, on January 20, 2016 by a vote of 9-0.
PURPOSE: This will allow a zoning classification of the property located at 730,
742, 750, 756, 762, 768, 774, 780 and 786 Northwest 36th Street and 739, 749,
755, 761 and 765 Northwest 35th Street from T5 -L to T6 -8-L, and T4 -R to T5 -L.
Motion by Commissioner Gort, 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
13607
Commissioner Gort: PZ 14.
Chair Hardemon: PZ 14.
City of Yliami Page 125 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
Francisco Garcia (Director, Planning & Zoning): Yes, sir. Briefly, to introduce the item, item
PZ. 14 is before you on second reading. It is the proposed rezoning, with no land use change of
properties at 730, 742, 750, 756, 762, 768, 774, 786 Northwest 35th Street; and 739, 749, 755,
761, and 765 Northwest 35th Street. The proposed changes are from T5 -L to T6 -8-L; and from
T4 -R to T5 -L. This, as you know, is for the proposed redevelopment for the subject site. The
concerns that existed at one point in time regarding how the development might affect the nearby
residential street have been sorted out. We have seen plans that have been introduced that reflect
that those conditions are being addressed successfully. We therefore recommend that you
consider them favorably. And the Planning, Zoning & Appeals Board did recommend approval,
with conditions, which are contained within this presentation to you today.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. I open up the floor for public hearing.
Is there anyone from the public that would like to speak on this item?
Renita Holmes: Goodnight --I mean good --what's the street again?
Commissioner Gort: 36th Street.
Mr. Garcia: 35th Street.
Ms. Holmes: Couldn't believe it; grew up right there, 10th Avenue and 32nd Street, Robert E.
Lee. It's time for a change. However, I'm very concerned as Igo back through my old
neighborhood that the community outreach is still at a bare minimum; and, you know, that's the
bare minimum that I can take. When rezoning a commercial community such as that --I talked
to a couple of businesses in the area right around the Wynwood time, and what was said to me is
that the people in the community aren't planning to do anything, so we want to name it Wynwood
and we want to change it and I love the positivity of 7th Avenue, but now we're reaching deeper
and further west. And I know the -- some of those buildings. I know that neighborhood,- it is
residential. So I said lFead lightly, 'because in those homes that still remain, there are families
and generations; Hispana [sic], Latina. It's one of the most integrated neighborhoods there are,
but there's a level of education that has not been met yet; a level of understanding; and just a
little bit more due diligence. I'll talk to you some more about it. You know --
Commissioner Gort: Sure.
Ms. Holmes: --how I feel about that and that bicycle out there. People can come up here and
say anything about the rezoning and never do adequate outreach; say you put a notice in some
God forsaken newspaper, and it's not there. At least give us some type -- I know they would be
here, but you don't even want to be here this time of night. I'll leave it at that, gentlemen.
Reform is reform. Treat us, because we do read, we do care; some of us care. But there's some
good families that have houses, and if the property taxes go up because of the rezoning, we're
going to have another marginalized neighborhood and some good folks there. Okay, thank you
very much.
Chair Hardemon: Thank you very much. Any other person that'd like to speak on the record?
Seeing none, I'll close the public hearing.
Commissioner Gort: Read it.
Chair Hardemon: Mr. City Attorney.
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City Commission Meeting Minutes April 28, 2016
Commissioner Gort: Read it.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Todd B. Hannon (City Clerk): Roll call on item PZ.14.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
Iris Escarra: Thank you very much.
Commissioner Gort: Great presentation once again.
PZ.15 ORDINANCE First Reading
16-00054zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY .34 ACRES FROM T5 -L "URBAN CENTER TRANSECT
ZONE - LIMITED" TO T5-0 "URBAN CENTER TRANSECT ZONE - OPEN"
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 712 SOUTHWEST
7TH STREET AND 704 SOUTHWEST 7TH AVENUE, AND CHANGING THE
ZONING CLASSIFICATION FOR THE PROPERTY LOCATED AT 701
SOUTHWEST 8TH STREET FROM T6-8-0 "URBAN CORE TRANSECT
ZONE - OPEN" TO T6-8-0 "URBAN CORE TRANSECT ZONE - OPEN";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
16-00054zc 05-28-16 CC Fact Sheet.pdf
16-00054zc Analysis, Maps & PZAB Reso.pdf
16-00054zc Application & Supporting Docs.pdf
16-00054zc Legislation (v4).pdf
16-00054zc Exhibit.pdf
LOCATION: Approximately 712 Southwest 7th Street, 704 Southwest 7th
Avenue, and 701 Southwest 8th Street [Commissioner Frank Carollo - District 3]
APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of Miami
Automotive Retail, Inc.; MAR 704, LLC, and 701 Assoc., LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
March 16, 2016, by a vote of 7-1.
PURPOSE: This will allow the change of the zoning designation from T5 -L
"Urban Center Transect Zone Limited" to T5-0 "Urban Center Transect Zone -
Open" for 704 SW 7th Avenue and 712 SW 7th Street, and T6-8-0 "Urban Core
Transect Zone Open" to T6-8-0 "Urban Core Transect Zone - Open" for 701
SW 8th Street.
City of Yliami Page 127 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Chair Hardemon: PZ 15.
Vice Chair Russell: PZ (Planning & Zoning) what?
Chair Hardemon: 15. Melissa Tapanes.
Melissa Tapanes Llahues: Yes, sir.
Francisco Garcia (Director, Planning & Zoning): Yes, sir; one more item. I'll introduce it
briefly and yield to the applicant. Item PZ. 15 is the proposed rezoning with no land use change
before you on first reading for properties at 712 Southwest 7th Street; 704 Southwest 7th Avenue;
and 701 Southwest 8th Street. The change proposed is from T5 -L to T''- I'm sorry --from T5 -L
to T5-0 and from T6-8-0 to T6 -8-L. Our recommendation is for approval; however, we're
requesting that the T6 -8-O portion of this remains 0. "That fronts on 8th Street, and that would
provide continuity to the corridor. That's all I have byway ofpresentation. I'll yield to the
applicant and answer any questions you may have.
Ms. Tapanes Llahues: Good evening, Chairman, Commissioners. Melissa Tapanes Llahues, law
firm of Bercow, Radell and Fernandez; 200 South Biscayne Boulevard, Miami. Thank you for
the favorable recommendation; we concur. Any questions, we're available. I'd just like to add
one additional request: In addition to formally withdrawing the rezoning from T6-8-0 to T6 -8-L,
I'd also request that the Commission waive the time limits on further consideration of rezonings
codified in Article 7.1.2.8()9(5) so that we can be exempt from the 18 -month requirement,
because we are creating an assemblage in this area, so we'd like to come back in the future.
Thank you.
Commissioner Suarez: I'll move it.
Chair Hardemon: I'll open up this for public hearing. Is there anyone from the public that'd like
to speak on this item?
Brenda Betancourt: Finally, thank God. Brenda Betancourt, 1436 Southwest 6th Street. Our
concern as a citizen is even though this is in 8th Street, we were not notified until I got the
agenda today. And I was able to speak with one of the persons from Brickell Motors, which are
part of the owners of this land in reference of why did he hasn't notified the residents of the
homeowners association around the neighborhood. And his answer is, We are the neighborhood.
We own the land next door. "But unfortunately for him, it's people who live there; not just the
cars that he's selling. And it's being affected by the fact that they want to change it from be our
land to be -- build residential. Now they want to be another dealer; that we been having the
same issue over and over again. And I request our Chairman that the same way that you give
Overtown the opportunity to people to speak and be able to hear, I hope that you deny today for
them to move forward unless they speak with the community, which is lacking over and over
again every time that somebody is trying to do a rezoning. So I hope that the same way that you
hear the other side of the coin in your neighborhood, Commissioner Carollo and Commissioner
Hardemon, I hope the both of you hear our side, too, because the same way that you want to
protect Overtown, I hope all of you try to protect Little Havana, as well. Thank you.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized, sir.
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City Commission Meeting Minutes April 28, 2016
Vice Chair Russell: Was proper notification not given?
Mr. Garcia: We have in our files a complete set of records identifying that notification was
given. They approached us previously, and we proffered to certainly share with them all the
records that we have. In question, as you may have heard before, and just to be abundantly clear
is whether or not the site was posted. Again, we have photographs that show that the site was,
indeed, posted with those very sort of prominent red posters that you see; unfortunately,
sometimes, they come off. So long as we comply with our requirements for posting and noticing,
the record is complete, and so we are safe to go forward on the record, sir.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Is the HOA (Homeowners Association) registered? Because I know
sometimes, when the HOAs register, they get registered notice. Are they registered?
Ms. Betancourt: No notice.
Commissioner Suarez: Are they -- Mr. --
Mr. Garcia: We're happy to look into that for you, sir.
Commissioner Suarez: Okay.
Mr. Garcia: If -- it is a matter of protocol that if they are registered and appropriately so and the
registration is renewed, then, certainly, we send it to them; we have no reason to otherwise.
Commissioner Suarez: Right. I just wanted to make sure.
Chair Hardemon: Ma'am, you're recognized.
Marta Zayas: My turn?
Chair Hardemon: Yes.
Ms. Zayas: I'm Marta Zayas, and my address is withheld from --
Chair Hardemon: Public disclosure.
Ms. Zayas: --public disclosure. Okay, so, yeah, we would like to be part of the conversation of
what is happening in the neighborhood. We would like to participate in getting more information
when things like this are going to happen in the neighborhood, and we didn't. And that's very
sad, because, like Commissioner Hardemon mentioned, everybody deserves a fair shake at
communication and that -- and providing input -- and that didn't occur. So even though the
signs were posted, we didn't find out about it being so active in the community. I mean,
everybody knows Brenda; a couple of people at least know me; and Grace, people know Grace.
You know, nobody found out. Nobody knew anything except that, you know, I started like
scouring. Well, what's on the agenda? "And then, Oh, my God, we have to run and be there. "And
I think it's just good if we can have some conversations. I think that would be good. I think that
we've had conversations before and I think it's good if we have conversations again, so we'd love
that opportunity. Thank you.
Chair Hardemon: Thank you.
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Miguel Soliman: Good evening, Chairman, Commissioners. Miguel Soliman, 1436 Southwest
6th Street. Again, I just want to recreate [sic] what Brenda mentioned. Yes, they probably -- I'm
sure they gave proper notice within a 500 foot radius of their property. We gave the --you guys
gave the previous application for a homeless shelter for women that are sleeping in the street
with babies, you gave them an opportunity for the people of that neighborhood to speak. This
isn't --
Chair Hardemon: But those women are sleeping inside of Lotus House.
Mr. Soliman: Right. But this isn't Lotus House. This is a car dealership, and they know who the
active participants are in the community; they know very well. They could have very easily
reached out. They could have very easily hosted a meeting, announced it with Brenda, with
other community leaders so the word would get out; done a coffee, a breakfast, anything, a small
event, a gathering and, Look, this is what we want to do. We're part of the community. "They've
already got a huge car lot that takes up an entire area in the middle of Little Havana. I mean,
you drive by there and it's just --its opposing [sic]. It makes the neighborhood look like a car
dealership, like -- it reminds me of Miami Springs, where the cars come in. You drive over the
over path [sic] next to the jail, and you see hundreds of cars there. That's what they have in the
middle of Little Havana. And they got away with it; now they're going to get away with it again,
like you mentioned before. Everybody keep getting away with this, and what do we dol We're
not given an opportunity to talk about it. So I just urge you to please follow in the steps you did
previously and let's have a conversation; let's see what they want to do. You know, we have a
stakehold in this --in Little Havana. Thank you very much for hearing me.
Chair Hardemon: Thank you.
Grace Solares: Hi. Grace Solares again. I'm supporting the neighbors; they need to hear about
the project. I've been in projects with Ms. Tapanes before; she's very gracious. The ones that
I've been at, you've been very graceful. And you have actually gone more than once; you're gone
twice up in the Upper Eastside.
Unidentified Speaker: All the time.
Ms. Solares: I'm sure she wouldn't mind -- actually, the lady here and Marta can be your contact
to get everybody together -- but do give notice, because nobody seems to have any notice,
because, Commissioner Suarez, don't go by the fact that people are not here. People do not have
the ability that I have to get upfront my office and come down here, and stay here all day. I
don't have it. And more so in that area, they work two and three jobs. You have to think about
the area that you are actually going to pass law on and why they're not here. So a deferral so
that people will know what's going on in their area is appreciated. I support it. Thank you.
Renita Holmes: I'd like to add another aspect -- Madam Holmes -- to that; hitting that corner on
7th Avenue. I ride down 7th Avenue even further now, because I've moved. And as you hit the
bridge -- oh, by the way, the shooting or the stabbing of the lady in the middle of the street they
had yesterday; and there's an off cer shooting ongoing now, that's why the Chief left; same area.
7th Avenue is getting to be quite hot since we give them the Marlins Stadium and FDOT (Florida
Department of Transportation) is tearing up the road and all that stuff, but in that area I have
several moms that live in the building around 3rd and 4th. I would suggest also, since you know
your area -- and I don't sit there listening to the radio -- this real talk. Pull the accident report;
see how many elderly bicycle folks have been ran over since we've had this increase in
commercial on Southwest and 7th; how many accidents from about 51st Street, Commissioner, to
--and when you know your community, you know when there's a accident. When you travel
every day, you see the flashing lights when people talk, but anybody knows when you start
congesting and there's only a sidewalk between residents and residential areas, where there are
seniors and persons with handicaps in an abundance, because that's the makeup and the culture
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of the citizens there, we know. We get more time and conversation on voting and walking
through our neighborhoods when it's time to get votes. I would like to see that indicative of
citizen participation. Lastly, factual, where we're zoning, we still need to have environmental
impact, because ifI got tailpipes to the back ofmy house or to my window -- so what would you
feel -- like it if somebody all of a sudden started backing up to your baby's window or to your
grandma -- 1, abuella's casa, la ventana ester alli, 'huh? Can I breathe? I'm just frustrated with
-- it just seem like citizen participation -- and the word is out, Commissioner Russell, Mr. Chair,
that you can just come down here, it's late at night, nobody's here, and say you represent people.
You didn't do that; expect more from those other people, please. And before Igo any further,
Commissioner, Chairman Keon Hardemon, congratulations on your wedding. And I know this
bride is waiting for you to get here. You're very diligent tonight, and I appreciate that for all of
your wives, but congratulations on your newlywed, sir; all day, and I haven't heard it. I guess
you're taken, so I don't care anymore. But anyway, I'm not a cougar, I'm a mountain lion. And I
fit definitely into the issue of citizen participation tonight, and that's where it's at; how much
citizen participation, to what extent? To the City Manager, are we making sure that there is
adequate citizen participation? I hate people putting Harriet Tubman face on a twenty -dollar
bill, butputting a likay'on things without apetition in the name offolks that can't really make it
down here, hop down here, catch a cab or whatever the case -- or even get Uber in the
neighborhood full of cars says to me that we're not going the full extent or traveling the full
extent to make sure that those who are traveling along our main corridor where FDOT is doing
its thing is getting viable money, or at least fair time. All right, thank you.
Chair Hardemon: Thank you very much. Uno mas?"
Luis Herrera: My name is Luis Herrera. I live in 81 Southwest 22nd Terrace. I think before you
do any changes, the City of Miami should be make it study, because the neighbor, they continue
low and down, low and down; and commercial going up, going up; and people, they don't have
to live where I live. So before you make the decision, why you no talk to the people around the
neighborhood and see if they want the change? That's what they have to do. Thank you very
much.
Chair Hardemon: Thank you very much. I'll close public hearing, seeing no further public
comments at this time. There is no motion on the floor at this time. Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to say that I appreciate
all the comments from all the people that came before us. And I'd like to say that, you know,
when we're up here, we start building a history and a reputation. And not for the last year; not
for the last two years; not for the last three years; not for the last four years, five years, or six
years, so I have built a history of listening to the neighbors. And I want to make sure the
neighbors receive participation. And like I said, not in the last two years or in the last year,
because now Little Havana is hot. I get it. And I mean hot," it's exciting. Everybody wants to
talk about Little Havana. I'm not even going to get into some of those parcels and where they
were three or four years ago. That's the old Hope Center, but I'm not even going to get into that.
What I'm going to say is that the neighbors will have their chance to participate, ask questions,
speak. Number one, that's why we have these public hearings. Number two, you have a whole
month and I would encourage you to reach out to the neighbors.
Ms. Tapanes Llahues: Absolutely.
Commissioner Carollo: Different from what we did earlier, I am going to make a move to pass it
on first reading. And I think Mr. Herrera could be a testament, as it happened a few months ago,
that on first reading I voted in favor of the parking garage and I very clearly said, That does not
mean that in second reading I vote the same way,'and I did not. However, I think that there's
ample time for the applicant to meet with the neighbors; and if not, there is a second reading;
that's why there is a second reading. Then the neighbors will comeback and let me know there
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hasn't been enough time or what occurred, and we'll take it then. But on first reading, I'm going
to make a motion approve.
Chair Hardemon: Is there a second?
Commissioner Suarez: Second, discussion.
Chair Hardemon: It's been properly moved and seconded. Any discussion?
Commissioner Suarez: Second, discussion.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Yeah. I'm a little bit --to be frank with you guys, I'm a little bit mystified
as to what the issue is here, because this is just changing from an Z'to an 0. "This is --
Unidentified Speaker: (INAUDIBLE).
Commissioner Suarez: Well, I'll let our Planning director explain it, but it's not a huge change;
it's a very small variation in the same zoning category. So let me --
Ms. Tapanes Llahues: Commissioner, ifI may for a moment.
Commissioner Suarez: Sure.
Ms. Tapanes Llahues: I didn't make a full presentation. I -- we've been here all day. I'm ready
to make a full presentation, and I can meet with them individually. I'm quite surprised that they
spoke against this project. I've been here all day and we have, I think, developed a very good
relationship through the years. And my name is on the agenda, so I was just caught --I was
surprised that they're here and speaking, but they have my commitment to meet with them as
many times as they would like over the next month and thereafter if we need to ask for a deferral
at that time.
Unidentified Speaker: (INAUDIBLE).
Chair Hardemon: Okay, decorum.
Commissioner Gort: Can't hear you.
Chair Hardemon: Decorum.
Ms. Tapanes Llahues: I'm sorry; sorry, Commissioner. I was trying to be helpful.
Commissioner Suarez: It's okay.
Chair Hardemon: This -- we'll have discussion, so.
Commissioner Carollo: Like I said, I have a history in the last six, six and a half years; not in
the last year; not in the last two years or not in the last three years. Six years ago, November of
2009 is when I started here, and I have built a history. I know many of you were not here around
that time. Some of you started coming last year, last two years. Hey, it's welcome; I want more
of you to come. But again, you will have a chance to speak; you will have a chance to meet; this
is not second reading; it has not passed on second reading.
Chair Hardemon: I'm not going to allow anyone to rebut the Commissioner's statements. He
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has the motion that's on the floor. We've opened and closed public hearing.
Commissioner Suarez: Can I --
Chair Hardemon: It's opportunity for the Commissioners to debate the issue. And Suarez?
Commissioner Suarez: Yeah. I just want to say, I mean, if we're here, we have maybe an
opportunity to explain what's going on, because I think there's a little bit -- there's some
mystification over what's happening here. I don't think this is like a big onerous thing like it
happens sometimes; and I understand that sometimes, it seems like it's a big deal. Could one of
you explain -- could -- so we take the opportunity to inform, and now that we're here and that
we're talking about it and that we're listening to each other, let's go ahead and use the time to
talk about it. I mean, why waste the opportunity? I don't understand why we would waste the
opportunity.
Commissioner Carollo: I don't have a problem with that.
Chair Hardemon: Mr. Director.
Mr. Garcia: Yes. I'm happy to do it quickly, because, frankly, it's a fairly straightforward
application. If approved, as recommended, the net change would be to take the northern part of
the property, which is presently zoned T5 -L to T5-0, and I'll clarify what that means, which was
a question asked by Commissioner Suarez and Commissioner Carollo. The net change would be
that a property that presently can have commercial but must have residential in order to have
commercial would no longer need to have residential to have commercial; that's the net change.
The density remains the same; the height remains the same. The only difference is that the
commercial use can stand alone and not be subject to other residential uses; that really is it.
Chair Hardemon: Any further discussion on the dais?
Barnaby Min (Deputy City Attorney): Can I clarify two issues, Commissioner, Mr. Chairman?
Chair Hardemon: Absolutely.
Mr. Min: The amended application, it concerns two rezonings. One would be to rezone the T5 -L
portion to T5-0 and the T6-8-0 to be rezoned to T6 -8-L. The recommendation of the Planning
Department is the T5 portion be granted and the T6 portion be denied. Is that the intent of the
Commission?
Ms. Tapanes Llahues: I have withdrawn that portion; that rezoning from T6-8-0 to T6 -8-L, as
noted in my letter, my supplementary letter.
Mr. Min: And the second issue is there was a request by Ms. Tapanes that the Commission waive
the time limitations concerning rezonings. Is that something that the Commission wants to
entertain? Because if it is, we will amend the legislation in order to state that.
Commissioner Carollo: Yes, for first reading.
Commissioner Suarez: Okay. So I will amend my second to accept that.
Ms. Tapanes Llahues: Thank you.
Commissioner Suarez: I would ask that --so I think the explanation is that you have --
commercial with residential and commercial without residential is the change here. So I would
suggest that you meet with the community, as represented here, and explain to them what is the
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intent of the development so that they can -- you know, they can understand and hopefully
support it.
Ms. Tapanes Llahues: Absolutely. And that will be our intent.
Commissioner Carollo: And Mr. Chairman, this was also passed by the PZAB (Planning,
Zoning & Appeals Board) Board, correct? So actually, it has come to a public meeting already,
correct?
Mr. Garcia: That is correct.
Ms. Tapanes Llahues: It was a unanimous vote in support.
Commissioner Carollo: Okay.
Chair Hardemon: Arty further discussion?
Mr. Min: Just to be clear, I think it was 7-1.
Ms. Tapanes Llahues: Oh, sorry. I didn't hear that name, maybe.
Commissioner Gort: Read it.
The Ordinance was read by title into the public record by Deputy City Attorney Barnby Min.
Mr. Hannon: One moment; sorry, Chair.
Mr. Min: The T5 portion is being rezoned to T5; T6 portion is remaining as is; and it's going to
be amended on the floor to include the time waiver request --
Chair Hardemon: Correct.
Mr. Min: -- by Ms. Tapanes.
Ms. Tapanes Llahues: Thank you.
Mr. Hannon: Understood. Roll call on PZ. 15.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0, as amended.
Chair Hardemon: I want to remind my Commissioners of these small things. The Commission --
the City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item
being considered at 10 o'clock -- it's 11:48 -- unless the time is extended by unanimous
agreement of the members of the City Commission --
Commissioner Suarez: Mr. Chair
Chair Hardemon: And I take when you don't leave as unanimous decision. "
Commissioner Suarez: Yes.
PZ.16 ORDINANCE
16-00051 lu
First Reading
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AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF THE
APPROXIMATELY 1.3 ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 220 AND 226 NORTHWEST 16TH STREET, 1514 AND
1540 NORTHWEST 2ND AVENUE, 211, 217, 229, 230, AND 237
NORTHWEST 15TH STREET, AND 1507 AND 1515 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" AND "RESTRICTED COMMERCIAL" TO "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
16-00051lu 05-26-16 CC Fact Sheet.pdf
16-00051lu Analysis, Maps & PZAB Reso.pdf
16-00051lu Application & Supporting Docs.pdf
16-00051lu Legislation (v2).pdf
16-00051lu Exhibit.pdf
LOCATION: Approximately 220 and 226 Northwest 16th Street, 1514 and 1540
Northwest 2nd Avenue, 211, 217, 229, 230, and 237 Northwest 15th Street, and
1507 and 1515 Northwest 3rd Avenue. [Commissioner Keon Hardemon -
District 5]
APPLICANT(S): Vicky Leiva, Esquire, on behalf of the Lotus Endowment Fund
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 16-00051zc.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow the land use designation of the properties identified
to change from "Medium Density Restricted Commercial" and "Restricted
Commercial" to "Major Institutional, Public Facilities, Transportation and
Utilities".
Motion by Commissioner Gort, seconded by Chair Hardemon, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item PZ.16 was continued to the May 26, 2016 Planning and Zoning
Commission Meeting.
Chair Hardemon: Okay. The time certain is for PZ 17 and PZ 16; they are companion items, so
we will hear the public hearing on both items during the discussion of PZ. 16 So I'll repeat: The
public hearing will be opened for PZ 16 and PZ17 at this one time that we're discussing the item
PZ. 16. You're recognized, sir.
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Francisco Garcia (Director, Planning & Zoning): Yes, sir. I'll present very briefly, and then I'll
yield promptly to the applicant, who I know has much information to provide.
Vicky Leyva: Excuse me, Mr. Garcia, and through the Chair. Vicky Leyva, on behalf of Lotus
House. I needed clarification. I see that Commissioner Carollo is not here, but I know he's
coming back. City -- to the City Attorney, can he join and vote on the item if he joins us while
the item is open?
Chair Hardemon: Yeah.
Victoria Mendez (City Attorney): If he feels he has enough information, yes.
Ms. Leyva: Okay. Thank you.
Mr. Garcia: And—
Chair
nd--
Chair Hardemon: You're recognized, sir.
Mr. Garcia: Thank you. And your instructions, Mr. Chairman, are that we provide you the
information regarding item PZ. 16 at this point and time; is that correct?
Chair Hardemon: Yes. The public --all I was saying is that the public hearing will beat this
one time while we're discussing PZ. 16, butt am calling PZ.l6first.
Mr. Garcia: Very well. Should I present to you the information on PZ. 17 as well, or not at this
moment?
Chair Hardemon: Let's not muddy the issue.
Mr. Garcia: Fair enough. Item PZ. 16, which is the first of the two companion items, is before
you on first reading, and this is proposed as a land use change for a property or set of properties
known as Lotus Village. I'll read quickly into the record the addresses affected. They are 220
and 226 Northwest 16th Street; 1514 and 1540 Northwest 2nd Avenue; 211, 217, 229, 230, and
237 Northwest 15th Street, and 1507 and 1515 Northwest 3rd Avenue. The proposal in PZ.16 is
that the land use designation be changed from medium density restricted commercial and
restricted commercial to a unified land use designation of major institutional public facilities,
transportation, and utilities. And the recommendation of the Planning & Zoning Department has
been for approval. The recommendation of the Planning, Zoning & Appeals Board was also for
approval by a unanimous vote of 11-0. I'll say very briefly that there is an already established
use on the land, and that the proposal to change the land use designation to major institutional
and public facilities is well aligned with the character and the nature of said use. And with that,
I'll yield to the applicant, and I'll certainly answer any questions you may have. Thank you.
Chair Hardemon: Recognized, ma'am.
Ms. Leyva: Good evening, Mr. Chairman. Vicky Leyva, on behalf of Lotus House. I am joined
here today by my partner, Javier Avino; and my associate, Carly Grimm. Today, on behalf of
Lotus House, I will do the technical presentation, and I will be followed by Mr. Ron Book and
Ms. Constance Collins, who is the president of Lotus House. The land use change, as you have
heard, is from medium density restricted commercial and restricted commercial to major
institution public facilities. And I need to address why we're here tonight, and we're here tonight
because while this is an existing use that is legal, nonconforming, due to the change of the
Zoning Code in the City of Miami, in order to stay consistent with the new Code and be able to
expand the services that have been occurring at this site for 10 years, then we do need to come
and meet the technical requirements of the new Miami 21 ordinance. Lotus House has been
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providing services for 10 years at this site. It is a shelter for women and children, really one of a
kind, because it's only women; and while there are other shelters that take women, they don't
take women who are pregnant, they don't take women who are -- who have a family with them.
And the women who come to this shelter have suffered severe trauma in their lives, many
different types of drama, but regardless of what type of drama they have been exposed to, the end
result, whether for a short period of time or a long period of time, is always the common
denominator of homelessness. The services started to be provided 10 years ago by taking over
old dilapidated apartment houses in the Overtown area, many of them were crack houses; other
were just abandoned and derelict, and they were repaired. They were old 10 years ago. With the
use of the shelter, they are now at a point that they have expanded beyond their life span and
expectancy. Therefore, we're herewith this land use change and the zoning change, which is the
companion item under item 17. Lotus now has purchased additional land at the same location,
fora total of 11 lots. One of those lots was sold to Lotus House at cost by Miami -Dade County,
and it is our goal to be able to create a new shelter, a new facility for these women and children.
You will hear more about the actual facility through a series of other hearings that will come at a
later date after the land use and the zoning approvals are in place. What you're hearing tonight
is not for the use of a shelter. What you're hearing tonight is a zoning change and a land use
change to be able to comeback and ask for an exception for a rescue mission under Miami 21.
So we have to change the zoning and the land use first, which are generic in nature, and then we
have to come back with exceptions for the actual use of a mission, a rescue mission, which is the
terminology that your new Code uses. As far as the current properties, they are zoned T5. Once
the land use and zoning change go through, we'll still have to build pursuant to T5, so there will
not be a different change in height before and after you vote here tonight; there will not be
different setbacks, because according to Miami 21, even after the zoning change, we still have to
follow the development standards that are consistent with the neighborhood and consistent with
the land designation that we have today.
Chair Hardemon: Is there a change in density?
Ms. Leyva: No, sir. First of all, rescue missions are not considered residential under Miami 21,
so the residential density, as we know it, is not necessarily applicable, because it's not considered
a residential use; it's considered an institutional use.
Chair Hardemon: So can you put it in laymen's terms as far as it changes them to be able to
service how many people versus -- how many people today versus how many people tomorrow
after the redevelopment?
Ms. Leyva: Our goal is to double the capacity from about 200 that we have now to about 400 or
so.
Chair Hardemon: I think it's a little bit more than 400, right?
Constance Collins: We currently house 250.
Ms. Levyva: You have to state your name.
Ms. Collins: Sorry. Constance Collins, president and executive director of Sundari Foundation,
which does business as Lotus House, and also same title for Lotus Endowment Fund, Inc., which
is the owner of the property and the developer of this -- of these sites, providing them to the
shelter. We currently house 250 women and children in the new facility. We will have a different
configuration than we have now. It should accommodate approximately 280 beds that can house
or -- yeah, house either adults or children over the age ofseven. Children under the age ofseven
are in toddler beds or cribs, depending on their size. So we get 280 beds for adults and children,
ages seven and over. What that means is, essentially, we --the increase incapacity is for
children that are older in age and some single adults. We've done an analysis of households. By
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households, we increase approximately 36 percent; by children, we go up significantly more
because infant cribs are on wheels and they're small, so it's hard for us to know what the family
configuration is, but the new facility is designed so that we can house mothers that have a larger
number of children or children who are ages seven and over.
Chair Hardemon: Ms. Collins, there was a much more -- well, much less complicated answer to
that question from the community that -- I know the community received before, and I just want
to get what that answer is. As I understood -- and I don't want to dig for it, but I'll have my staff
go look for that exact number, but we can't answer it more as a matter of fact today.
Ms. Collins: Well, all I can tell you is that the occupancy depends on the configuration of
families and the ages and sizes of children.
Chair Hardemon: So what's the maximum --
Ms. Collins: The maximum that we feel that we could house with the maximum number of
infants would be 490, including infants.
Chair Hardemon: Thank you.
Ms. Leyva: So, as I was saying, before and after, we still have T5 development standards, so we
have a maximum offive stories that we can build. We have the same setbacks, and we have the
same physical constraints that we would have today on the site. Put plainly, the land use and
zoning changes are necessary for the use of the property as a rescue mission under the new
Code. A use that will require a subsequent application for an exception for the actual use as a
rescue mission will come at a later date. We fully agree and support the staffs recommendation.
We come to you with a unanimous recommendation of approval from the PZAB (Planning,
Zoning & Appeals Board). Carly is going to share with the Clerk and the City Attorney, as well
as with the members of the Commission, 85 letters of support that come from leaders of the
community. We have letters from mayors, legislators, school board members, judges from the
domestic violence and juvenile divisions; we have various churches and temples and their
ministers, some of whom are here tonight and will address you. We have support from the
Hopeless Trust and the Miami Coalition for the Homeless. We have support from women's
group, from community, educational and arts group, and from large property owners in the area
Of our neighborhood where the current shelter is located. We also, this past Thursday, did a
presentation before the Overtown Advisory Board, and I'm happy to report that resolution was
approved by that board unanimously to support our efforts.
Chair Hardemon: How many people were there at that meeting? Not at -- attending the
meeting, but the board.
Ms. Leyva: The board, six --five or six? Five or six members were there. So we're very happy
to bring that good news to you. We also have a map --someone has a map here that shows the
support and where it's coming from for our efforts, so it's distributed, and it's in the packets that
you received, and it gives you an idea of where the support is coming from. We also have in that
packet a -- over 565 signatures, which are a petition from our neighbors in the Overtown
neighborhood. We --at this time, I would reserve some time for rebuttal, and I would ask Mr.
Book to come forward, followed by Ms. Collins.
Ron Book: Mr. Chairman, members of the Commission. For the record, Ron Book, in my
capacity as chairman of the Homeless Trust, 18851 Northeast 29th Avenue, Suite 1010,
Aventura, Florida
Chair Hardemon: You got some work to do in Overtown.
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Mr. Book: We do, Mr. Chairman.
Chair Hardemon: There's so many people living up under the expressway in Overtown, just a
stone's throw away from Camillus House, a stone's throw away from all the other missions that
are there and service that area. It's really --it's troublesome. I sat out -- and I have pictures.
My City Manager has gone, along with the Police Chief, to look at some of the incidences that --
where you have to watch kids walk in the middle of the street to get away from the homelessness;
and the issue is that, of course, right there in that area, we have -- and I know this is not why
you're here, but I just have to, you know --
Mr. Book: I'm glad you're doing it.
Chair Hardemon: -- because you're a busy man, you know.
Mr. Book: I'm glad you're doing it, Mr. Chairman.
Chair Hardemon: Because right there, you know, you can witness the drug sales. You see which
apartment buildings they're coming to and things of that nature, and we just have to find a way
to make that community a community again so that the kids can walk to and from school and not
have to deal with what they're dealing with. They can't even walk on the sidewalk, because
they've created tent communities really on the gates and -- I mean, it started to now spread over
across about four different blocks that are all connected, so it's a really, really big problem that
we really need your help with. And I'm -- see, I'm not one of those people that say, the Homeless
Trust has all these millions of dollars and they could spend it better. I'm just asking for your
help.
Commissioner Suarez: Mr. Chair.
Mr. Book: Mr. Chairman, if I could --
Chair Hardemon: And I want to recognize Commissioner Suarez first.
Commissioner Suarez: They have a new member, so --
Mr. Book: We do. We do. I missed you at the meeting the other day. I'm looking forward to
when you come do our meeting.
Commissioner Suarez: I wasn't sure if I had been appointed in time to make it.
Mr. Book: You are appointed. Your letter has been signed, and I'm looking forward to you
coming to the meeting.
Commissioner Suarez: As am I.
Mr. Book: Thank you.
Commissioner Suarez: As am I.
Mr. Book: If I could, Mr. Chairman, thank you for opening the door for my presentation. I was
here at City Hall, Mr. Chairman, last week, visiting with Commissioner Gort about an issue in
his district. I walked out and ran into your chief of staff. I listened to your chief of staff intently
describe the situation, and I promptly got in my car and drove over there to look at it.
Twenty-four hours later, I received the photos by -- from your -- actually from the Manager's
staff, the outreach teams, from the Manager's visit with Police Chief out to the area. I
appreciated getting the photos, but I went out immediately after leaving Mr. McQueen to look at
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the situation. We share your concern, Mr. Chairman, and I assure you that the --joining me here
today is basically my entire staff, Ms. Mallette, Mr. Sarria, and a number of others from the
Homeless Trust staff, because we do care about what goes on in the boundaries of this city; that's
why we were over visiting with Commissioner Gort. The fact is, Mr. Chairman, that's why I'm
here today, because this application for zoning change is apart of what it takes to solve that
problem. 22 years ago, Mr. Chairman, members of this Commission, Mr. Manager, Madam City
Attorney, I came to this Commission -- it'll be 22 years ago this summer --for a zoning hearing
to cite the first Homeless Assistance Center on North Miami Avenue, which was part of the
community 10 -year plan to end homelessness in our community. There are three people that I
know of that are in this room right now that were here that night: Commissioner Gort, myself,
and Ms. Garcia -Toledo, who was an associate to Stan Price at their old firm; Mr. Price, who
made the presentation. When we got here that night, there were so many people here that this
room wasn't simply filled with pink shirts, Mr. Chairman; that lobby area wasn't simply filled
with people, but Commissioner Gort will well remember that the parking lot was completely full,
and the meeting was convened and was adjourned so that we could move -- and Commissioner
Gort will correct me ifI misstate this -- I believe the very next night, or maybe it was two nights
later, to the Knight Center, and the Knight Center was full that night, and the crowd was split
almost 50150. I had never been to a more contentious zoning hearing than I was that night.
There were approximately 2,200 people in favor; there were approximately 2,200 people
opposed, according to the count by the newspaper, and that meeting went on and on and on.
This night is very similar to that night. But what we've learned in 22 years, Mr. Chairman,
members of this Commission, is we learned that the fears of citing that Homeless Assistance
Center, where we did on the corner of 15th and North Miami Avenue, did not turn out to be what
the NIMBYs (Not in my backyard) were concerned it would be when that was voted on. And that
Commission put a bundle of conditions on us, and we lived up to those conditions. In fact, I am
reminded constantly of a gentleman who came here, who was a former client of mine, a
gentleman by the name of Fred Joseph, who's still active in this City. And Fred Joseph --
Commissioner Gort, please correct me ifI misstate it -- could not have been a more vocal, loud
opponent to that application. Since being my client over it on unrelated issues, Fred Joseph
would come in here today and tell this Commission how wrong he was and how wrong the
opponents were in citing that facility there, because it not only has turned out to be a model part
of the community; it has turned out to help revitalize that part of the community, and that is
exactly what Lotus House and the expansion will do in our community. Here's what I know, Mr.
Chairman, members of this Commission. What I know is that the concerns that were voiced by
the prior Commission and this Commission are about the need for greater capacity. What I
know is that when we started 22 years ago with that 10 year plan to end homelessness, we had
over 8, 000 people living on our streets. And while all of us will go home tonight and put our
heads on a pillow, there'll still be about 970 -too -many people living on our streets, but we have
focused on the geographic boundaries of the City of Miami, because we heard the message that
you, Mr. Chairman, and other members of this Commission, have expressed to us. And while I
was diametrically opposed, diametrically opposed to the Mat Program that the Commission
instituted at the urging of Commissioner Sarnoff, it wasn't because I wanted to oppose something
that the City wanted,- it's because I believe that we need to engage in evidence -based solutions
and invest in programs that we know work. And as I said a number of months ago in a
newspaper article that was written about Lotus House, that lady is a saint. We don't always
agree. In fact, we argue more, Mr. Chairman --
Chair Hardemon: No clapping.
Mr. Book: -- we argue more about policy and where we should move than we agree, but what we
do agree upon is the need for greater capacity. And I am extremely sensitive to the comments in
today's newspaper; extremely sensitive to the comments about whether the City of Miami should
be a dumping ground for other people's problems in our community. I would simply suggest to
you --please; I don't know who's booing or hissing or anything else, but let me be clear about
something. Commissioners have a right to voice their concern on applications that come before
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this body, because they represent an entire community, and nobody will accuse the speaker at
this microphone of being anything but sensitive to the needs of our community as it relates to
homelessness, and so I was extremely sensitive to the comments in the newspaper today. But you
opened your comments to me about the problem under the expressway and that four -block area
that I went and looked at, and I was as outraged as you are, and I am as concerned as you are.
But ifI don't find a place to take women and children off the streets in a more aggressive and
complete form and fashion, we will go backwards from where we are; and so, instead of having
under a thousand bodies on the streets a year from now or two or three, our numbers will begin
to go back the other way. We're winning the battle, Mr. Chairman. Members of this
Commission, we're winning the battle because we have a plan, and we spend our dollars where
we get the biggest bang for the money. The folks from Lotus House came tome and wanted
capital money. for this facility. I cannot afford to give them that money, and we didn't. So what
did they dol They went out and increased their fundraising in the private community, in the
endowment to be able to build, expand, grow my capacity to fund ongoing operations, Mr.
Chairman, members of this Commission, to get more bodies off the street permanently. And Mr.
Chairman, your question earlier to Ms. Garcia -Toledo [sic] and to Ms. Collins about capacity,
she gave you the capacity in a maximum sense, but I remind you that this is not a permanent
support of housing opportunity; it is a place to get people, to move them to better places in our
community on a long-term basis, on a long-term solution that gets people recommitted to a
revitalized life of their own, to make them self-sustaining. I don't know how many of you have
ever gone to Lotus House. The women and the children are people --we, as a body, we, as a
body, will never let our family spend even one night on the streets. It is why, Mr. Chairman,
members of this Commission, that we fund a hotel/motel program that if it's 6 o'clock at night, we
get a call, and there's a family living in a car or living on a street corner, we take them up and
take them out, but ifI don't find alternative opportunities that get me permanently to be able to
control my spending, I can't solve the problem. Mr. Chairman, members of this Commission,
while the Lotus application doesn't deal necessarily with ending veterans homelessness, we have
been on a crusade as cities -- all great cities across this great country have been on to end
veterans homelessness by December 31, 2015. We hit our goal. We filed our application on
January 8. We are days -- days, Mr. Chairman; days, members of this Commission --from
having a declaration from the United States Interagency Council on Homelessness, declaring
our community end veteran homelessness, and we will not only have met that challenge, but we
are in the process of ending chronic homelessness by December 31, 2017, and ending all
homelessness in our community by December 31, 2020. That is a goal set by the United States of
America, the government of our country; and we, this community, because of the leadership, Mr.
Chairman, members of this Commission, it is the leadership that we have in our partnership that
has allowed us to get there. And I want to go back to the beginning, because Commissioner Gort
was on the prevailing side of that vote, that 3-2 vote; that had the courage, Mr. Chairman,
members of this Commission, that had the courage to help us take a step forward. Had that vote
that night been 3-2 in the opposite direction, I will tell you, I will guarantee you, I will promise
you, we would never be where we are today; we would not have had a continued decline ofstreet
homelessness during the economic downturn. It was the courage of this Commission to stand up
and do the right thing 22 years ago when we cited that first facility, and everybody's concern that
we were going to be a dumping ground. Mr. Chairman, members of this Commission, there are
too many people on the streets in the geographic boundaries of the City of Miami.
Chair Hardemon: Overtown especially.
Mr. Book: In Overtown, in particular, and in the conversations that I have had with
Commissioner Gort going on the last several years, and I have had with my friend, former City
Manager Migoya. I have reminded Commissioner Gort many times that it was when the Miami
Heat was on that first championship run and the NET (Neighborhood Enhancement Team) teams
began to move people to the west side of US 1, Biscayne Boulevard, that we reshuffled, Mr.
Chairman, where people were. It's why, in Commissioner Gort's district, outside of Mother
Teresa, we have so many people being fed every day; it's not right. And having people under
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those bypasses in your district and having a tent city are not all right. And it is why the 21
outreach teams that Sergio and Lazaro run every single day that are the entrance point to our
programs that allow us to take people to Lotus House every single day. That's how we're able to
do it. But ifI don't -- if you were to deny this application, if you were to deny this application,
you simply freeze us where we are. IfI had an option to stand in front ofyou and advocate for; if
I had Camillus or the Rescue Mission or the Salvation Army or Better Way or Citrus or any of
the myriad of a hundred -plus providers we have of services, Mr. Chairman -- all of which are not
in the geographic boundaries of this city -- ifI had another alternative, I would stand up and
advocate for it, but here's what I'm sure of I'm sure of the only option that I have in my role as
chairman of the Homeless Trust to move us forward, to continue to remove people from our
streets, and to meet the unfortunate continued poverty impacts of people being tossed from their
homes, whether they're in permanent housing, fee, and they've been evicted because they lost
their home on a mortgage foreclosure, or they've simply been evicted for an inability to pay rent,
I don't have that ability if you deny this zoning change.
Chair Hardemon: So your only option is in Overtown, is what you're saying?
Mr. Book: Mr. Chairman, the only option I have today, the only provider, the only anybody --
for-profit, not for-profit -- that I have to expand my ability to grow our inventory is the
application for change ofzoning today. That is the only option. And Mr. Chairman, I would
also say to you the following: One of the biggest problems we have in getting people to come off
the streets is they want to go into a shelter, or they want to go into some form of housing in the
communities that they came from; and right or wrong, Mr. Chairman, good or bad, a large
percentage of those tents -- those tents aren't from people generally from outside of our
community; they're people that have fallen on hard times in Overtown; maybe not all of them,
Mr. Chairman, but a -- certainly a large, if not predominant, percentage of them. My ability to
get them to agree to come off the streets -- you come from a world before you got here -- before
you got to elective office, you came from a world where you served a population of individuals
accused of committing crimes that were on hard times. Many of those crimes were committed
because they were in hard times. This is about hard times, and this is about meeting the needs of
those in our communities that fall on hard times. We can't legislate mental health. We can't
legislate substance abuse. We can't legislate alcohol abuse. We can use the Baker Act, we can
use the Marksman Act, but at the end of the day, they're back out on the streets. My goal, Mr.
Chairman, is to get people resettled in our communities. And, yes, this is in Overtown. And, yes,
there is a demand for beds in Overtown. And, yes, there's a demand for shelter and housing in
Overtown, and we should feel good about it. And if they were running --
Chair Hardemon: You know, I have a fundamental -- the fundamentals of this agreement I have
is that there's a demand for beds, but I don't believe that demand is in Overtown, but there are
demand for beds. I completely agree with you there. I want to give Commissioner Suarez an
opportunity to speak.
Mr. Book: Mr. Chairman, thank you.
Chair Hardemon: Thank you.
Commissioner Suarez: Thank you, Mr. Chair. I understand your concern. In Miami -Dade
County, the Homeless Trust is doing a very good job. They -- I believe in the last census, the
population of homeless in Miami -Dade County went down. Problem is, in the City of Miami, it
went up, and so we have about two-thirds of total homeless population in Dade County in the
City of Miami. So as president of the Miami -Dade League of Cities, I asked how many members
do we have appointed by the League of Cities from the City of Miami, and we had one. So I
asked to be appointed as the other one, so that we would have an equal representation in the
League of Cities as the City of Miami has homeless population. So I just want you to know that
I'm aware of what you're talking about, and I've taken concrete action to be apart of the
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solution, in conjunction with the Chair and the executive director. So to me, the work has just
begun. But I also agree with something that Mr. Book said, which is that we have an
organization here that -- it's really hard to do what they're doing.
Chair Hardemon: Before we get into the -- I don't want to get into the merits of the discussion.
Commissioner Suarez: Got it.
Chair Hardemon: I want to let --
Commissioner Suarez: Okay.
Chair Hardemon: -- the public hearing move forward --
Commissioner Suarez: Understood.
Chair Hardemon: -- so that --
Commissioner Suarez: Understood. My apologies.
Chair Hardemon: -- people who are for and people who are against, people who are neutral
have an opportunity to speak.
Commissioner Suarez: My apologies.
Chair Hardemon: We thank you very much. I let you speak a lot longer than --
Mr. Book: I know you did.
Chair Hardemon: -- typically.
Mr. Book: So thank you for your indulgence. And Mr. Chairman, I'm going to be here if you or
any other members of the Commission have questions as you move forward, whether it's
specifically on the four corners of the application or anything else on the homeless piece, please.
Chair Hardemon: Thank you very much. Just to clam, those individuals that are coming to
speak before the Commission, you have two minutes to speak. The reason I asked for silence or
decorum, as you would put it, is because we discourage any outbursts or clapping, screaming,
things of that nature in this Commission. It's something that we always do. It is something that
is a practice that we follow here. If you have an agreement with something that a speaker says,
besides your shirts, you can just raise your hands and express your agreeance with them.
However, we ask that you not react to what the eloquent speakers who will come before you,
have to say. You're recognized, ma'am.
Chair Hardemon: You're recognized, ma'am.
Ms. Collins: Thank you. Thank you, Commissioners. My name again is Constance Collins,
president and executive director of the Lotus House Women's Shelter and Mothers Endowment
Fund. Thank you for considering our applications tonight and allowing us to highlight the needs
of women and children experiencing homelessness in our community and solutions to its end. So
often, the conversation is about those that we see: tents, cardboard boxes, men living in the
downtown, chronically homeless; in some cases, suffering from mental illness and substance
abuse. But the largest number of homeless individuals in our community are actually children.
Over 4,000 children registered as homeless by the Miami -Dade County Public School System.
These are children living in families that are doubled and tripled up, in vehicles, in hotel/motels,
or nowhere. And that's not counting the families that go with those children, nor is it the under
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school-age children. It is no wonder that the calls last month to the homeless hotline exceed
8,000; 8,000; 2, 000 facing eminent eviction or risk of homelessness; 844 self -identifying as
homeless. Homelessness is an epidemic in our country. And the fastest growing segment of
homeless individuals across this country are single female heads of households, with children,
ages zero to six. This is the largest segment of who Lotus House serves. And yet, the numbers of
mothers with children older than six years old, or with larger families are also growing beyond
the capacity of our shelter system to address their needs.
Chair Hardemon: Ms. Collins, is there --
Ms. Collins: Yes.
Chair Hardemon: -- can you go into how this zoning change -- because I've always told people
that any time you come before the Commission on zoning issues, many times we talk about all of
the effects -- well, we tend to talk about issues that are not related to what the really -- the real
issue is at hand. So, for instance, what PZ. 16 --the real issue at hand is that there's a proposed
land use map that has the parcels that your company owns at medium density restricted
commercial, and it's going to be moving to major institutional public facilities, transportation
and utilities. And the function of that in the future is to be --to redevelop that site for a larger
facility. And so because I know that we're going to have a lot of speakers and we're going to --
and they're going to be speaking for two minutes now, I'm trying to -- I didn't hold you to that
number, but I want to keep the speakers to two minutes, so that we can move through this agenda
item, because we have other items to attend to, but can you speak also as to how that property
not just affects the people who are there -- meaning who move into the place -- but how that
property will positively benefit the people that live just east of it in the medium density
multifamily residential particularly. That's for me.
Ms. Collins: Yes.
Chair Hardemon: That's what I need to know.
Ms. Collins: Absolutely. So apart from the fact that we've asked for the rezoning to a civic land
use for public services, because that is what we are, essentially, public services; and that is what
we will build, public services, we have designed a project that is residential in look and feel that
enhances the residential feel of the neighborhood and that contributes to the commerce of the
business corridor that we are adjacent to. We designed the project with a health clinic on 3rd
Avenue, which is immediately abutting the business corridor for a reason: We recognized that we
wanted to be consistent with that business corridor. We don't just live in Overtown as a facility --
as a home, actually. I know we're called a ghelter'and a fescue mission, 'but for the women and
children who live with us for a year or two years, we're their home. Our home has support
services. It will have a health clinic that serves both the shelter and the neighborhood. It will
have a children's wellness center and a daycare serving both the shelter and the neighborhood.
The goal is to actually support the neighborhood; not to be an island, as some shelters have
become, but, in fact, to be deeply integrated with our neighborhood, which has supported us for
a decade. When we went out into the neighborhood with a petition with our project, because we
felt it was important to actually ask our neighbors how they felt, over 350 of our neighbors,
property owners and businesses around us signed on the dotted line, sayingYes,'they support this
project. This project --just as we enhanced the neighborhood 10 years ago, as the first investors
in our little area, to improve our properties, to paint, to add landscaping, to try to make them
seem welcoming and inviting, so now we invest more deeply, $25 million ofprivately-raised
money. I must tell you, in any other community across this country desperately trying to deal
with homeless issues as an epidemic, we would actually be received with open arms, and I hope
that that is what happens here today. How does it benefit? We serve our neighborhood. 10
years ago, when I was founding Lotus House, there were homeless women on the streets
everywhere, everywhere; that's why I came to Overtown to find the buildings, because I could not
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bear to look into their faces.
Chair Hardemon: When you say Lverywhere,' ou're saying everywhere in Overtown, or are you
saying everywhere in the City of Miami?
Ms. Collins: Everywhere in Overtown. If you were in Overtown 10 years ago, as I was, every
day; if you were picking up the garbage off of our site, personally; if you were renovating those
buildings, you knew what that neighborhood was experiencing. It was wrenching, what was
happening. And actually, the second building opened -- the maternity building opened because I
could not bear hearing about a young woman who offered her child to a security guard at Publix
because she could not afford formula. She was homeless and she was starving on the streets.
She offered her child out of an act of love and desperation. When I heard what had happened
with her, I couldn't sleep at night. Maybe all of us can sleep because we have beds and we have
apartments or homes to go to, but women and children survive by being invisible out on the
streets. We can't allow that as a community to happen. They are the largest number of homeless
in our community. Why don't you see them? You don't see them in tents, because a woman who
tries to live in a tent is going to be raped or assaulted or worse. And a woman who tries to live
in a tent with children is going to find her children pulled into the DCF (Department of Children
and Families) foster care system faster than she knows what happens. Our shelter keeps families
together. Our shelter reunifies families. It is about our community. I mean, we're not just
buildings and we're not just ibhat zone are we?" We area community as a whole. And our women
and children are suffering poverty, abuse, violence. Violence is the leading cause of
homelessness among women; violence. 95 percent of those we serve are victims of trauma.
Chair Hardemon: Can you come to a conclusion, please?
Ms. Collins: Yes. I guess my conclusion is how could there be any other conclusion than we
must support the women and children of our City, of our neighborhood, of our future. Thank
you.
Chair Hardemon: Thank you very much. Every other individual that will be speaking will have
two minutes to speak. I will hold you to that two minutes. If you try to exceed those two minutes,
I will stop you from speaking --
LalitaAiram: I'll take one minute
Chair Hardemon: -- the best that I can, okay? I just want all the beautiful faces to know, all
right?
Ms. Airam: My name is LalitaAiram. And we own some blocks on Northwest 1st Court in 1600
and 1500 blocks, and we have had such a hard time keeping them clean, because there are
people around there who are living in tents; actually a lot. Everything -- our lot is owned by the
City of Miami, and there are tents on that. And the other day when we were speaking in front of
the advisory board, somebody said there are tents all over the City. And if you don't want those
tents, you have to have projects like Lotus House. Lotus House in my mind is not a shelter; it's
affordable housing; just happens that the private sector is funding it and they're not charging
them. They live therefor a year. It's not an overnight shelter, it's not a place to feed them. They
teach them how to earn and how to go and sustain themselves. I wish I could have 20 of them.
I'm trying to do it for my mentally ill population I work with, and I wish there were more places
that will be learning like Lotus House, all over the City. They're going to be in Overtown, and I
don't see why we are going to kick them out of Overtown and not let them help more people who
are on the streets, in the tents. If you didn't have tents in Overtown, you can say, okay, there are
no more Overtown tents. But you do have them, and I am a good example of that. I help all the
people in my laps [sic]. Thank you.
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Chair Hardemon: Thank you very much. Yes, ma'am.
Lillian Slater: Good afternoon, Commissioners. Fin no stranger. For all these years -- I was
here before it was built. And all the Commissioners and Mayors been through City Hall, I been
here. Commissioners, to Commissioner Hardemon, I know you; and Commissioner Suarez, and
Commissioner Gort, you all are about the only one that's (UNINTELLIGIBLE). All these years,
Ms. Slater. I was here when Arthur was living many years ago, and I'm still here. Now, I lived
in Overtown all my life, and I know before these things happened. We had shelters, yes. And I --
you know, it's a good thing with the Lotus House, but it's plenty more places you can get. There's
the house -- the building on 7th Avenue, where they let out all the crazy people. You don't have
to pay any money. You see the -- who it belongs to, because I didn't want the Camillus House.
I'm going to tell you that; I really didn't. When Commissioner Teele was here, I didn't like it, and
it was a whole lot of us, because we live right there in Town Park, where it's built. I know that
Mother Teresa, she has a property. All them messes coming to us. Those people in Camillus
House, you all have rooms and they not going there. They coming in our place thereunder the
bridge in Town Park Village, the South and the North, and I don't like it. I been there to the
Camillus House and the Homeless Trust give Zion to y'all over there so we could solve some
problem. You never got there before it was built. Since it been built, you never got there. And I
am serious. I live at 1640 Northwest 17th Street; it sits out between 4th Avenue, just as you come
under the bridge. That's where our problem is. And they coming there in droves. And you
talking about building a house over there and wherever. You got enough, and I think you better
check 7th Avenue out. You going to have to pay a little money there, because they have a
building there; it's nobody in it. The women's shelter, that would be fine there. But we've got
enough problems over there, and I thank God that -- you know, all these people wasn't homeless,
and I'm sure you know. I --you know, I have had --worked with the homeless myself for years. I
been up from there, and I know the mission what they did. I had two -- three jobs, the hospital,
and I made it. I have three kids. I sent them to school. Some of them in college, some are not,
but they got good jobs. But the idea is I know all these people don't live Overtown. All these
years I live there all my life. In 1971, we built Town Park Village right there underneath. It's
three of them: the Village, the South and the North. Now, you all need to find somewhere else,
because it is a dumping ground. Thank you.
Chair Hardemon: For the record, Ms. Lilian Slater.
Ms. Slater: Huh?
Chair Hardemon: No, no, I just want to make sure that they receive your name for the record.
know you stated it, but they didn't hear it.
Ms. Slater: My name is Lillian Slater, 1640 Northwest 4th Avenue, Apartment IOC, Town Park
Village. I'm the president of Town Park Village. 1971. Commissioner Gort, you know. I been
here all these years; you know that.
Commissioner Gort: I know about it.
Ms. Slater: Okay then.
Cecelia Stewart: Cecelia Stewart, 1899 Northwest 1st Court. I want to correct for the record. It
was stated that it was a unanimous vote for the approval for the Lotus House by the Overtown
Oversight Board. That is not correct, because I was one that did not vote for it, so I want the
record to show it was not a unanimous vote by that. And also, I want to say that the scripture
says, The poor we will always have with us. "So we won't be able to eliminate what we have, but
we can improve on it. Now, I would like for all the members of the Overtown Neighborhood for
Environmental Health and Safety to stand. Okay. We, the Overtown Neighbors for
Environmental Health and Safety are opposed to the zoning and land use changes for the Lotus
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House in our community. There are many facilities that deal with homelessness in the Overtown
community. Enough of Overtown being targeted as the dumping grounds for things that we do
not approve of. Folk who do not live in Overtown are deteriorating our community and streets
with such disturbing activities as illegal drugs, prostitution, illegal dumping, urinating and
defecating on property, trashing of our sidewalks and vacant lots throughout our residential
areas. We recommend that the Lotus House be expanded in an area where the residents do not
have easy access to drugs and related activities. We, the Overtown Neighbors for Environmental
Health and Safety are recommending that you consider relocating the Lotus House proposed
facility in an area that is drug- and alcohol free for those who are truly seeking wholeness. And
I thank you for this time, Commissioner Hardemon, and I want to say that the people that you
see, the demographic in this area with the pink shirts, that's the demographic that I see in my
neighborhood on 1st Court and 19th Street, living in the tents, prostituting in front ofmy home,
defecating behind my home, walking up and down the streets of 1st Court from 19th Street all the
way down to 14th Street. My other neighbors that live there that own their apartments and
homes is a family there and they have to run these people away. We don't want to give access to
them to go out of the Lotus House and get the drugs and do whatever. We want people to be in a
area --just like you have drug detox centers where people go in an area where there's no activity
that will support what they're doing. If they could put this particular place that they're taking
about -- in an area where they don't have the disturbing activities to cause them to stray, it would
be a better place. Overtown is inundated with a lot of people that do not live there; they come in
from all over. And I've been there, I live there, I eat, sleep, breathe; I own the property that I live
in, and I do a lot for our community. And I would surely appreciate if you do not allow this to
change.
Chair Hardemon: Your Honor, before you speak, one thing I wanted to say: I know that our
Public Defender, Carlos Martinez, my former boss, is here with us today. There's an issue -- and
I'm speaking to Mr. Martinez and to you, Your Honor. We know that some time ago, there was a
deal that was made in the County where they would release prisoners into the -- well, TGK
(Turner Guilford Knight) -- so like the Doral area, of the Doral area, and some County
Commissioners said, ho way," they would not allow prisoners to be released into their
communities. It was a really, really big deal. When I visited the Doral area near where TGK is,
I don't see major incidences of homelessness; I don't see major incidences of drug sales and
related activities. I live between the Public Defender's Office -- so you know exactly where that
is --
Martin Zilber: I do.
Chair Hardemon: -- and Overtown. I live in a place called Highland Park. So when -- well, let
me finish my --finish what I was saying. When you are released-- so now --so what they did
was, they said, 8kay. "Well, they were being processed in -- near where the Public Defender's
Office is, and then they were being sent to TGK to be released. And so now, it's --the process, as
I believe -- and nod your head if I'm correct -- they're processed at TGK, and now they're
released in -- near where the courthouse is or where the Public Defender's Office is, which is on
14th Street; walking distance to Overtown. And the reason I bring up the fact that I lived within
that area is that every day, every single day, I watch the hundreds ofpeople that have been
arrested throughout Miami -Dade County -- every single part of Miami -Dade County -- walk
through my community. We deal with a lot of car break-ins. I mean, I've had my car broken into.
I've had -- I've known two other people that have visited me had their cars broken into, and the
number of people in my building -- I mean, it's just something that we see all the time; not saying
this from the people who are walking to and from the jailhouse to that area, but my point to you
is this: It's a huge burden on that community, the community of Spring Garden, the community
of Highland Park, and especially the community of Overtown that they're the only place that
people are released, because imagine this: Many crimes that happen within Miami -Dade County
are related to drugs or related to property damage, or say, even battery. Say you're arrested for
some type of domestic violence issue, and you're released from that facility on 14th Street. You
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have a drug addiction problem. The quickest way to get your fix is to walk right to Overtown.
And so we have a multiplicity of these issues that are complicating that community. And not
speaking about this issue before us today, but speaking about what we're dealing with in that
area where you have such an increase in the number of people who are walking to and through
that area who are involved in these types of activities. And so, what my ask is -- and you don't
have to give me a response today -- but I would love to have an opportunity to speak with judges,
the Public Defender, to readdress this situation, because that community, Spring Garden,
Highland Park, Overtown, it should not necessarily be a place where all of that type of activity
has to occur. Maybe there is a way that you can share the releases in Doral one day or one
week; releases in that general area the next day. I just think it's a big issue that I would love to
have the Public Defender, the State Attorney's Office, and everyone come to really talk about. I
think it's a really important issue, and I think it would help alleviate a lot of the issues that the
people in Overtown are facing.
Commissioner Suarez: I agree with that 100 percent, by the way.
Chair Hardemon: Yeah. But your two minutes, please, on the issue.
Mr. Zilber: Let me introduce myself first since I know we've met, but good evening to Chairman
and fellow Commissioners and Mr. Manager and Madam Attorney. My name is Martin Zilber.
I'm one of your Circuit Court judges, so it is nice to be here. I also do live in the City of Miami,
so one of your constituents.
Chair Hardemon: I won't ask you to give your address, because I know that wouldn't be --
Mr. Zilber: Correct, correct. I can give our courthouse address, so that's 155 Northwest 3rd
Street, so I am at the new Children's Courthouse, because I do currently sit independency and
also in United Family; that I'm also at the building you talk about quite often, because I do do
some criminal, as well, because we do move around,- and bonds. And it is an issue that you
discussed. And that's an issue though -- as you did say, your Public Defender is here, so it's
certainly an issue that Mr. Martinez can address and the State Attorney, but it's really a
Corrections issue. It's an issue that should be brought up. We can address it, as well, but it's
really a Corrections issue on how and when the folks are released, and when they're released. So
my recommendation on that -- and happy to be involved, if you'd like, and we can certainly
discuss it after, but the Department of Corrections is who should be discussed as far as when the
prisoners are released, where they're released, and whether or not they can be released
differently at the d fferent facilities and at what times.
Chair Hardemon: Absolutely. I just would love to have this type ofsupport for that community,
you know, that is sufferingfrom the releases that happen in that area every single day.
Mr. Zilber: I mean, the release happens, as you know, most of the time from the jail versus
prison; the jails being close to the courthouse, because of the fact that that's where everybody is
to be taken in for bond hearings, arraignments, and everything else that happens in the area
that's close to that proximity where the State Attorney, Public Defender, and the criminal
courthouse is, which is in that Jackson -- an area that you're discussing by 14th Street. But
again, that would be a Corrections issue, and, certainly, something that we could address, both
through the judiciary and Corrections. But the Corrections would be the lead therewith the
other agencies.
Chair Hardemon: Can you restart his time, please?
Mr. Zilber: Thank you. So what I was hereto speak today, of course, on the issue for Lotus
House. And though I could, I'm not really here to speak today about the specific zoning issue, or
the politics; that's you all job. I'm here as member of the judiciary. And what I can tell you,
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specifically speaking from the dependency division is, you know, we utilize a service like the
Lotus House on a daily basis. And unfortunately -- I wish we could use Lotus House,
specifically, on a daily basis. What our biggest concern is from the judiciary and what I'm here
to tell you is whether this is something that takes place in Overtown, Coconut Grove, Miami
Beach, Hialeah, tome, I would be up here everyday, telling you we need this service no matter
where it is, because I would ask you, I would beg you to come in court any day for an hour, and
see what I struggle with when we have to place a child someplace, because, unfortunately, there
are not enough places. When we have to find someone to go into foster care, number one, there's
not enough places in foster care. Number two, even worse, because foster care really is a last
resort; and even as a last resort when we have to put somebody into foster care, because when
we're faced with whether or not we want to take, number one, a child away from a parent, which
is one of the hardest decisions; or when we're at now the place when a parent has done
everything they need to do, because they've done all the services that are required of them, to
now be reunified with their family, and the one thing left is that they don't have a home, many
times we're forced not to unify a child with a parent, because there's nowhere for them to go. So
when there's a facility like the Lotus House that's willing to take a mother and a child, and that's
the only thing left that we need to do to be able to reunify that family, any time a facility like the
Lotus House can expand -- I think I heard it was -- tonight -- from 200 and something to 400 --
but whether that's from 10 to 20, two to three, one to two, or 200 to 400, we're going to be up
here begging you for the ability to be able to have the extra beds, and the ability to be able to
reunify a family, because any time there's a facility here -- and the fact, without getting into the
detail -- that it's evidence -based, and has the ability to provide the services that they provide that
allows these families to continue to do the services that keep the family together, because the
problem that we so often see is that a family will get reunited, and then they'll be coming back to
us, because they didn't continue to do the services that are necessary to stay together. And then
DCF goes back out to the family, and the children are coming back to us, and going into foster
care. So Lotus House has been an excellent program working with the courts to not only reunify
and find a place for a mother and a child and then permanently place them, but to keep them,
because they've done such a good job, keep them together so that they don't come back into the
court system. So again, I know it's a hot in my back yard'issue and *here to place,'but for us, the
issue is that we need to have every possible ability to be able to keep a family and their child
together. And so any time there is an opportunity like there is tonight to have a facility as fine as
Lotus House have the ability to expand anywhere -- and I know your issue is *here but
linywhere for us -- and have the ability to be able to have another place to be able to put a child
and a family back together, we're going to be here, asking you, please, to give us that ability. So
if there's anything you want to ask, I'm happy to, but that's why I'm here today.
Chair Hardemon: Thank you, sir.
Mr. Silber: Okay. Thank you. Nice to see you.
David Lombardi: Good evening. Thank you. David Lombardi, 167 Northwest 25th Street. I've
been working in the Wynwood area for the last 16 years, and I've been involved with the Lotus
House for almost since their beginning, about a decade ago. I have watched them build women
back up who have been destroyed; they had nothing to look forward to; they had to heal from
within. Constance and her team gives them that opportunity. To me, this is kind of a no-brainer.
Here is a group that's been doing good in the poorest part of our community for a decade.
They're asking to expand on what they do and they need nothing from you and they've got all
their own money and they've bought the land themselves, and they changed lives, thousands of
lives. Sitting on the Business Improvement District in Wymvood, we've hired two women from the
Lotus House years ago who were formerly homeless, and they've been cleaning our streets for six
years. And I've seen the good that Lotus House can do and I don't think there's a major city in
this country --and by the way, I think we've been called the biggest poor city in the nation I
don't think there's another big city in this country that would deny such an application. Thank
you.
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Chair Hardemon: You're recognized, sir.
Bishop James Adams: My name is Bishop James Adams. I'm the senior pastor of the Historic St.
John Church in Overtown. There is a line that says that America requests, Clive me your tired,
your poor, your huddled masses. "I think it's a crime and a tremendous hypocrisy for us to say
that Overtown is a dumping ground, when, indeed, there are liquor stores that are all through
Overtown that we need to definitely do something --
Chair Hardemon: I want to say something. You realize that no one on this dais said that --
Mr. Adams: I wasn't directing that to you.
Chair Hardemon: No. I want -- because I know it keeps being a theme.
Mr. Adams: Right.
Chair Hardemon: No one on this dais --
Mr. Adams: Right.
Chair Hardemon: -- said that Overtown was a dumping ground, but go ahead.
Mr. Adams: I agree. Nobody on the dais has said so, but it has been said repeatedly that
Overtown is a dumping ground for refuse. I will say that I support this Lotus House expansion
for this reason: Because there are a number of women who've come through that program who
are members of my church who have struggled with addiction and other vices in their life and
homelessness, young children, and have turned their lives completely around as a result of their
coming into contact with this organization. We are in the business of second chances and second
opportunities; the church is and Lotus House is. And I think that it is morally irresponsible for
us not to take up the mantle for those who cannot speak for themselves that cannot fight for
themselves. Unlike many of the projects that are going up around Miami, these people, as it has
been stated, have their own money, have bought their own land, and have labored tirelessly
trying to make a change. It is our moral duty to stand up for women and children and to give
them a place that is safe, that is clean, and gives them opportunity to do better. It is a blessing to
have a partner like Constance and the Lotus House. I would say if we want to really plan
rezoning, let's limit some of the things that are causing homelessness. Let's limit the number of
liquor stores that are in the black neighborhoods. Let's really attack crime where there's open
drug deals that are being done. Just the other day, right across the street where the proposed St.
John Plaza is to be built, there was a man shooting up, under the tree, in broad daylight. Its not
the Lotus House's fault. It is the lack of a conscientious and heartfelt government who fails to
look at the real issues, which are the things that are destroying the community. I support the
Lotus House.
Chair Hardemon: You're recognized, ma'am. State your name and your address for the record,
please.
Anitrice Jackson: Hi. My name is Anitrice McKennis Jackson. I live at 236 Northwest 16th
Street. I'm a home --
Chair Hardemon: Go ahead.
Ms. Jackson: My name is Anitrice --
Chair Hardemon: No, go ahead, go ahead.
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Ms. Jackson: I live at 236 Northwest 16th Street. I stay next door to the Lotus House. My thing
here is today I heard all the comment, I heard everything what we don't need. When you don't
live in that neighborhood where you walk out -- my grandkids couldn't come outside, because of
homeless men. When my kids could not come because drugs is planted right there. But let me
tell you something. Oh, thank y'all very much for having me. I support Ms. Constance very
lightly [sic]. I'm a Habitat homeowner, and I love the idea that behind my house where that
empty lot at, it's going to be a Lotus House. And I thank God for it, because I can look at the
building and I can walk around to know that it's someone there who's not shooting up drugs;
somebody there who's making a difference. And I thank God for Ms. Constance, because when I
first moved there, I introduced myself. I took myself around the neighborhood, me and my
grandkids. I asked them what did we need around the neighborhood. I asked the children, the
grownups, and the drug dealer and the drug addict. And I am one they call Mama JoyceIn the
neighborhood, and I the one that reach out to the homeless people since I been over there, since
-- 10 years now I been over there. So I'm the neighbor. I'm the neighbor. I can just reach over
the -- I can stand up over to say, Ni, Ms. Constance, how y'all? " That's how close I am to Ms.
Constance. And I thank y'all for even allowing me to be here to stand up, because if you don't
live in the neighborhood, live by Ms. Constance, live in that infested area where the Lotus House
will make a difference, you can't say that it doesn't need another Lotus House, it doesn't need
another shelter. That's not for you to say, because you're not in there and you're not there all
night hearing all that foolishness out there. But when the Lotus House stands there, I know for
sure -- Commissioner, I feel so comfortable, I feel so safe, and I feel that someone who's making
a different in the community -- she don't have to do that. I didn't have to come there. I work for
Jackson, and I'm a motivator speaking for Habitat for Humanity. So I love -- and I'm a
community activist. So I love the idea that it will be my neighborhood, and I will be the neighbor
-- it's right next door. So what makes the difference that if the homeless people laying there or
what makes the difference of a house that makes it a difference? They got off drugs, they going
to school, they doing -- they got they degrees. I thank God for Ms. Constance, because she didn't
have to do that. In order for me to feel comfortable, Board, I would love to see the Lotus Village
be behind my house, because she's my neighbor, and wherever she goes, I'm going to go,
because I'm the one pray for the neighborhood. And the neighborhood here in Overtown, I can't
speak for nobody else, because I network with her. I can't speak for the people who said that
they be around cleaning up and all that. I know all that. I do all that. Me and my grandkids, we
do that. So I'm standing here to tell y'all, please, if you don't live there -- I live there. Nobody
here don't live next door to Ms. Constance. I do. Anitrice Jackson.
Chair Hardemon: Thank you very much.
Ms. Jackson: So I feel good.
Chair Hardemon: Do me a favor.
Ms. Jackson: Yes, sir.
Chair Hardemon: Can you come around? James, bring her around. I want her to show me
something on this map. Just come around. You're recognized, sir.
Carlos Martinez: Thank you for the opportunity. I'm Carlos Martinez, Miami -Dade Public
Defender. It's good to see you. My office address is 1320 Northwest 14th Street in the City of
Miami. I also live in the City of Miami in District 2. I'm here to support Lotus House. Lotus
House gives us a unique opportunity to really serve and provide services to an underserved
people. And the problem that we have a lot of times, as Public Defender, we represent people
who are accused of crimes. And I cannot tell you how many times we've had that my attorneys
report to me that they have a domestic violence case. We're representing the man, and the
woman all of a sudden is making contact with the man, because she has no place to go. And
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we're concerned, because we're representing the client, and we're concerned for the client's
interest in terms -- we don't want the client to violate the court order, but we hear it from our
clients that women are contacting them because they have no other choices. And what you're
doing here and what I hope that you will consider doing is making sure that these services are
expanded so women can make a choice; women can make a choice to walk away from that toxic
relationship, from that violent relationship, and get the services that they need. So I hope you
will support that. I am ready and willing, any day, any time. I will see your chief ofstaff
immediately to make sure that we facilitate having that discussion, because it is a very important
discussion, because it does have an impact on the different neighborhoods in terms of where the
releases are happening, what times of the day they're happening and all sorts of things like that,
and would be absolutely a catalyst to try to make that happen.
Chair Hardemon: Thank you, sir.
Mr. Martinez: Thank you.
Chair Hardemon: You're recognized, ma'am.
Karen Cartwright: Good evening. My name is Karen Cartwright, and I live at 1717 Northwest
5th Avenue in Overtown. And unlike everybody else in here who's been up here, I actually walk
Overtown; I actually clean in Overtown; I actually ask for stuff to be moved in Overtown and
done in Overtown. I don't know what the other people are talking about, but I'm just telling you
about what I know. Homeless encampment, 13th and 1st; homeless encampment, 10th Street;
homeless encampment, 17th Street; homeless encampment, 16th Street and 1st Court. And all I
ever hear are promises. I agree, Lotus House has changed some of the dynamics, but it hasn't
changed enough to make me say 9xpand," it hasn't. Because I look at the people in this room in
support of it. Wonderful, but why does it have to be in Overtown; why? And I'm not getting a
dime from the Margulies Foundation; I'm not getting a dime from Lotus House; I'm not getting
dime from the City of Miami; matter of fact, the City of Miami would love me to go away. But
guess what? It's not going to happen.
Chair Hardemon: They would pay you for it, but I wouldn't. I wouldn't.
Ms. Cartwright: It's not going to happen. And for the person who said that they were going to
Coconut Grove, no, you're not. You're not going into Brickell; you're not going into
Morningside; you're not going in Upper Eastside. You're coming into Overtown. And my
opinion: No.
Chair Hardemon: You're recognized, sir.
Jason Pittman: Chairman, Commissioners, my name is Jason Pittman, and I wear several hats
that I'm coming today with. One is as the executive director of a non-profit that works in
Overtown, Touching Miami with Love, and we're in support of this rezoning. The other hat I
wear is the board chair of the Miami Coalition for the Homeless. We also as a Board support
this measure. But most importantly today, I come because you asked, Commissioner, Chairman,
for residents. And I live a block and a half from Lotus House. I've lived therefor the last 10
years. I'm a homeowner. I'm a --board of our condo association president. And as I talked
with my neighbors about this, I talked with the owners of those condos, they're supportive of this
project. They're supportive because we've seen Constance come in. We've seen her take
properties and make them into something beautiful. And we know that this next phase that she's
going to go into will only make it even better, and it will provide the exact things that are needed
to combat -- not even combat -- but to help the situations that we see underneath the highways,
underneath -- in the tents and all those areas. It -- we're supportive, and we are landowners. We
are the people that live next door, and we do support this. Thank you.
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Stephen Johnson: Chairman, Commission, my name is Stephen Hunter Johnson. I have the
honor of serving as the president of the Hundred Black Men of South Florida. As an
organization, we work to serve the children of this community, and that includes the children of
the Lotus House. The Lotus House is one of our partners, and has been for several years. With
that off, I can't be heard. It's important, though, that we acknowledge the words that we've heard
from the other residents. It's important to say that we understand hot in my backyard. "But we've
got to --and when I say *eJ mean everybody. Whether we live in Overtown or not, we've got to
take the time to come together to fix our community, that community. And the one thing I will
say for the women of Lotus House, they're doing it by keeping families together. And what
children need more than anything as they're growing up is their family. And these women are
going through some of the most troubling and traumatic circumstances of their lives. And Lotus
House offers them not shelter, but a home; not a day or night's rest, but a transition. I had the
opportunity to speak as the commencement speaker at D.A. Dorsey Technical High School at
their graduation. What struck me was the principal telling me that one of her students, she was
living in her car. And when the principal found out she was living in her car, she called Lotus
House. And that student went onto graduate from D.A. Dorsey and went onto get a job. That's
what Lotus House brings. It brings stability to the community and to these women and to these
families, and so I urge you to allow their application.
Chair Hardemon: You're recognized, ma'am.
DeAnne Connolly Graham: Hello. I'm DeAnne Connolly Graham. Commission, nice to see
you. Yes, I --
Chair Hardemon: Your son wrote the book, right?
Ms. Graham: No, no. But I used to have a big Afro, so you don't recognize me. I'm co-chair of
the Women's Business Council for the Miami Beach Chamber, and we have been supportive of
Lotus House for the past five years for a number of reasons. Asa Chamber of Business people,
as a Council of Businesswomen, we have participated at the Lotus House with volunteering with
other services that we provide that we feel that we can offer, and we have seen the amazing work
that's being done therewith Constance and her staff. This is not a home to support just homeless
people. This is an opportunity for these women to become members of society, working and
contributing members of society. And I think that ifsome of the people that are objecting here
would go and see what Constance is doing at that facility, they would understand that it's not
about women sneaking out to have -- to get drugs, or to prostitute themselves; that's not what
they're doing there. As a matter of fact, Constance is very strict and her staff is very strict that
there are no drugs; that there are very strict moral and ethical codes, curfews. I wish that we
had more facilities in Overtown and in every other city like what Constance runs at Lotus House.
There is not a bad element in your streets because of Lotus House; quite the contrary. It is
taking women and children that have had an awful, difficult life up to this point, and giving them
opportunity. It's giving them ways, skills, means to be serving members ofsociety, and to be a
part of our community in a healthy way. So I would urge that this be approved. I would urge
that you should be proud that there is a facility like this in Overtown. It should be a model for
other cities to have something like this in their communities. So instead of shunning it, I
encourage you to embrace it and make it a part of what makes Miami and Overtown itself an
improved area.
Chair Hardemon: Thank you very much.
Ms. Graham: Thank you.
Chair Hardemon: I wanted to say something to Mr. Book. I'm glad you -- I love history. I love
when we talk about discussions that happen, especially on this dais, because you can always
look it up. So I looked up --these are the minutes from that meeting in 1994 that you spoke
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about. This is the first meeting for the minutes and this is the second meeting for the minutes. So
I'm going to peruse through these things while I'm sitting up here, but I wanted to say this: It's
almost like dejd vu, and I say that to you to say -- and there are going to be people here that
recognize these names at the very, very end, because the first question I wanted to know was who
voted with it and who voted against it. And when I look at the haysTor this same type of
discussion -- andl'm sure the arguments for it are going to be similar to what they are today --
but the lfays'are: Commissioner Plummer; and at the time, Vice Mayor Miller J. Dawkins, and
I'm sure you understand exactly what the overtone is when I say that to you. And Ms. Cartwright
and all the individuals that understand of these type of issues that affect this community probably
understand what the overtone is. You're recognized, sir.
Albert Dotson, Jr.: Al Dotson, 1450 Brickell Avenue. I'm here in my capacity as chairman
emeritus of 100 Black Men ofAmerica. I served in that role for eight years, and eight years
before that as the vice chairman. And I had the pleasure of traveling all around the country,
seeing young people who we mentored turn into productive citizens in their communities. I am
here in support of the Lotus House application, because we also saw land use used for the
purposes of keeping services from people who needed it. It is an opportunity this Commission
has to make sure that the services that Constance spoke about that are not only for the young
people who are part of Lotus House, but for the community that surrounds it gets access to those
services. We, as the 100 Black Men ofAmerica and the 100 Black Men of South Florida that
Stephen now serves as the chairman are mentoring in Overtown. We are mentoring in many
communities throughout this City. We have the honor of having young people who come to us,
who happen to be homeless. We have the honor of having women who happen to be homeless
come to us and ask us for our help as mentors. And now, I have the honor to come to you to ask
for your help of Lotus House so that they can continue to expand and continue to provide the
services they have shared with you that they do; that their neighbors have shared with you are
compatible with the surrounding community, and I ask that the courage of leadership reflect
itself on this Board and approve the application that is before you. Thank you.
Chair Hardemon: Thank you very much. Hello, ma'am. Name and address for the record,
please.
Sara Leviten: Good evening. My name is Sara B. Leviten, and I live at 645 Northeast 121st
Street. I was born and raised in Miami and around herein downtown Miami. Asa part-time
volunteer and retired County employee, I give out information and referral to the public, tourists
and help homeless people in the lobby of the Stephen P. Clark Center downtown, 111 Northwest
1st Street. I try to get them into shelters, but there's usually no beds available. There are both
men and women who need shelter. Many times, the women have small children with them. I
remember a couple of years ago, I tried to help some homeless folks the day after Christmas, but
there was no room at the inn; it was all filled up for all of Christmas, so -- you know, to get them
in during Christmas. This has gotten to be the norm most of the year. Can you imagine what it
must be like to live on the street and with children? I've never been in that situation. I don't
have any children. But after Andrew, my condo had afire; and luckily, I was able to stay with a
dear friend for a whole year. All of the contractors were busy down in South Dade. Lotus House
is a great facility, so please let them expand their facility to help more people. Thank you.
Chair Hardemon: Thank you. Now, help me stay on my two -minute mark. I'm asking --
Renita Holmes: Its something about profiling a great educated --
Chair Hardemon: It's not profiling --
Ms. Holmes: -- strong black woman that --
Chair Hardemon: -- it's the behavior --
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Ms. Holmes: My name is not --
Chair Hardemon: --as the repeated --
Ms. Holmes: -- you say two minutes -- what I told you about Avo-minute woman?
Chair Hardemon: -- and I identify you as someone who habitually abuses the two -minute rule.
Ms. Holmes: Thank you, sir.
Chair Hardemon: Go ahead, go ahead.
Ms. Holmes: And on that note --
Chair Hardemon: No. You know what?
Ms. Holmes: -- you know, I believe in consistency, so -- but when does it begin, sir?
Chair Hardemon: I'll give you --
Ms. Holmes: I been here since 9 o'clock this morning thinking it was 6, upside-down.
Chair Hardemon: -- three minutes if you don't go over.
Ms. Holmes: Well, I'm not one for making bad deals, and that's why I'm up at this podium today.
Can I --
Chair Hardemon: Two minutes it is.
Ms. Holmes: -- lower this down a little bit? Because I'm feeling a little bit shorter every word
here. No, but honestly, I don't want to be long, because, Commissioner -- I am Madam Renita
DC Biggy Mama'Holmes. And I am the executive director and founder of the Women's
Association Alliance Addressing Injustice and Violent Epidemia; and also Women in Public
Housing, Education, Finance and Development, which is now extended in partnership as WOW, "
and WOW"upside-down spells lhom. "Andl want you to recognize this is what it looks like when
doves cry. When you saw the other women come -- these were the women who are not here
today, but they at Lotus House now; at that time, they were at Chapman, but they're not here
tonight. So that tells me who's here tonight is indicative of who wants to be heard, and no one's
really dealt with that. And I know that Mr. Books [sic] and I don't get along, but let's look at the
facts. We're here for a zoning meeting. And women are always a good cause, but you can put
pink lipstick on a pig. That doesn't make it bacon. So, you know, and nine times out of 10, the
majority of the women here, even those that are educated and have administrative positions and
little income, and go home will have the jobs. I'm also the executive director and found the first
business in public housing on $547. And I'm just saying that, because my life is the experience
of moving from poverty and sleeping under the bridge on 37th Street and 2nd Avenue. And I
think some of the Lotus House employees know that, too, because I've come a long way to this
podium. But for a zoning meeting here, the issue is not about the root and the cause, because I
know each one, ifshe'll raise her hand, ifyou multiply it times $55,000 attaches any good
developer or any other bonder to HUD (Department of Housing and Urban Development)
monies forever. And if they were to get together and get the right administrators and developers,
they could do their own women's bill. And as executive director of the Opportunities for United
Restoration of Our Homes, which came out of public housing, I've yet to get any money, because,
ladies and sisters, I'm keeping it 100, but I got to say Yes,'because everyone has benefited
economically, and fair housing and economic opportunity guarantees them to that. So here's the
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question about this zoning hearing, because after the zoning hearing, it's given to the developer.
You no longer -- and (UNINTELLIGIBLE) trends say you no longer have any leverage, because
you will need an attorney to go back with. And all the attorneys are on the administrative side,
my poor sisters. So you have not really negotiated your lease. And I tell you, right on the other
side of Chapman, there are three or four big acres where Legal Services is, and they're doing a
community justice project, but you're not good enough to go on the east side, but you good
enough to come in Overtown where all them raggedy dope dealers still testing you, and calling
you bitches and (Mores' out your mouth, because they do it to me. Well, they may be half right,
but you can't sell me for a few $25 million when I know 25 women here are worth three hundred
and seventy-three million, four hundred and something dollars. What was it, the lady with the
calculator? So that's a lot of bonding. Coming here is about zoning. And normally, the zoning
is done at such a level, but (UNINTELLIGIBLE) has to go and pass a statute, and it hasn't been
done, it hasn't been comprehensive. So I got a problem when I've got money already attached to
you and some of you that went there and they're paying for veteran's beds $240 and duplexes but
-- a bed, four --four beds in a duplex, but saying they're not responsible because people don't
want to rent to mothers. So I got a problem with the partners that are involved. And I like
educated women. I'll just add one more good thing, because you only gave me three minutes to
give you facts. No one's given you facts about where we're going. I ask for you to defer this and
have a better roundtable, because the best project, the best practice is being discussed by the
County. And I know that these developers going to go get more County money, so let's play that
game. And though I say with this here, it's no problem in having a comprehensive master plan,
but if you don't write it, sisters, you'll just be another one of the nine out of 10 that I been coming
down here by myself and really wanting to strategize to get you here. So don't be so much in a
hurry. When you takeoff that T-shirt, will you be on those jobs? Willl be able to hire you to do
landscaping and painting like I've done in Miami Gardens? Or will I be punished and be like the
rest of the black women? Because when I look at the bitter end, black women have never built
anything in our neighborhoods. You're an attachment for anybody. You're pretty. And for the
students that want workforce housing, I've already got women traveling around here that could
afford to get in some of those duplexes and some of those condos on the east side, but you're not
good enough for that, but you're good enough to dump in there where they got them nasty dope
dealers if you get some more police to do it. So understand the other side of the game.
I want you to have a women bill and I want you to be paid to work on building. I'll teach you
painting and landscaping, but I'm four blocks away and I can't get not one person --not even
Ms. Constance -- to say that they'll let me do that. And I'm still doing it, irregardless, so don't
get it twisted. And as for those in my neighborhood, when these women leave and all the
businesses there -- even the businesses that exist there don't hire you. So, really, sisters? Look,
Commissioner, I thank you for the opportunity, but legally, let's get to the bottom line, Mr.
Attorney. Normally, when there is something over five or six or seven blocks long, the way it is
required zoning permitting, do I deserve to make a real logical decision, a fiscal impact report;
an environmental impact report; the land value report? Or is it that we just going to get this
passed today? And unless you get a real attorney, you can get it done; it was never done before.
So I ask you --you know I'm right. You do deserve it. You're worth a --you're diamonds, but
don't be such in a hurry to get pimped by a system that'll put five black women out that aren't
here; and just because you're here, crying like doves, we was going to be a purple rain. You
want to make it rain? Go check your legalities, check your rights, become civically engaged,
because people who pull you down here, put T-shirts on you don't tell you what your actual value
is, andl'm just keeping it real. And ifyou build anything in Overtown -- I'm on 4th Street,
paying my business and property taxes -- and don't hire me, when I went through the certification
and training from this, this is hypocrisy. That's not hypocrisy. That's enough for now. I'll put
mine's in writing, send it to HUD, send it to the State, send it back to Fair Housing, and ask this
Board, when those five women came down here -- because Administration did not have a uniform
system, it did not have a standard procedure. Now, you want eight blocks with no standard
procedure, no uniform, and having Mr. Books [sic] calling you bitches'and *hores,'and the rest
of them -- Fin just keeping it real. Wow. Thank you.
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Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Melissa Gallo: Thank you.
Chair Hardemon: Name and address for the record.
Ms. Gallo: Good evening. Melissa Gallo, Miami Coalition for the Homeless, which is now
known as Miami Homes for All. We are hereto support in full the proposal to expand Lotus
House and Shelter. Lotus House is an amazing place. You know, you've heard plenty tonight on
what an amazing place it is that helps thousands of women every year get back on their feet. The
only problem they have is that the need is too great for them to meet with their current facility. If
we want to end homelessness, if we want to help those that are currently on the street in
Overtown, if we want to be a city that moves forward economically and socially, we need to
approve these projects; especially when they're completely privately funded. To me, it's a
no-brainer. The only impact of approving this deal is good for the community of Overtown and
good for the City of Miami. With that, please vote Yes. "Thank you.
Chair Hardemon: Thank you very much. Ma'am, name and address for the record, please.
Jean Niles: Hi. Can you hear me?
Chair Hardemon: I can hear you.
Ms. Niles: Okay.
Chair Hardemon: Hello.
Ms. Niles: Hi. Say hi,'Caleb.
Chair Hardemon: What's your name?
Ms. Niles: Say Caleb. "
Chair Hardemon: Well, give me your name for the record.
Ms. Niles: I'll say it. Caleb. "My name is Jean Niles. I stay in the Lotus House. I been homeless
for two years, and I really like the home -- I really like the Lotus House. They help me with a lot
of things. They help me with my GED (General Education Development); they help me with
housing. I'm moving out the Lotus House real soon, like next week. I think you're not in our
position to know how it feels to be homeless. As I sat up here, all I see is nothing but men, and
it's like you don't know how it feels to be homeless with three kids and to be disabled. So it's like
put yourself in our shoes. Imagine us getting up every morning, having to struggle to find food
or to find out what daycare your kid's going to go to or what type of, you know, help you need
from the government. I mean, Ms. Constance helps me a lot. She deals with me through -- when
she's there and when she's not there. And the director, Ms. Ana and you know, Ms. Laura helps
me a lot. And I feel like if you're not in our shoes, you don't know how it feels to be homeless.
It's very a hard, you know, a hard position. And it's not easy. It's not easy being a single mom.
It's not being on -- easy being on the streets. I used to sleep in my car, pregnant, with both of my
kids; sleeping, wondering, Now am I feed them? How are they going to get shoes? "And when I
turned eight months pregnant with my daughter, they help me. They put mein and said, Listen,
we'll help you. "They got me a bed, they got me food. I mean, it'll be a terrible waste to sit here
and not build more homeless centers for homeless people, especially people with kids. I know
you're looking around like you don't care, you don't -- you ready to go home.
Chair Hardemon: No, no, no, we're here.
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Ms. Niles: I'm being -- this is --
Chair Hardemon: No, no, I -- because the reason I'm stopping you there just for a quick second
is to let you know that the reason we are here is because we care. If we did not care we would
not be here; that's why we ran for office. We're hearing everyone's concern, because we care
about not only what you feel; what everyone who gets up to that mike feels. And then, we have to
come to a decision. But we care; understand that. We care.
Ms. Niles: I know you care. It's just -- that's how I speak. But I'm coming from the heart; like
that's how mostly people think sometimes. And it's not me, but you have to understand, like it's
hard,- it's not easy, and you just need to understand. If you just put yourself in our shoes, you'll
know how it feels to be homeless. I done seen people get shot. I don't seen people come to the
shelter that's not even homeless, and they still feed them. And it's sad that some people that are
homeless can't get in the shelter, because there's no more beds available. So I think, you know,
maybe you --we should get a vote and get more shelters. And thank you.
Chair Hardemon: Thank you so very much. You're recognized.
Ciara Jones: Hi. My name is Ciara Jones and --
Chair Hardemon: What's your address?
Ms. Jones: I don't want to state my address.
Chair Hardemon: We have to be able to identify who you are.
Ms. Jones: It's on record. Do I have to state my address?
Chair Hardemon: Okay, I understand,- no problem.
Ms. Jones: I am formerly homeless; formerly, thanks to Lotus House. I came to Lotus House at
the age of 19 years old. I didn't realize until sometime afterward that I had been homeless for
several years throughout high school. I had been doing what's called touch surfing,'' you know;
just kind of surviving, and I think that homelessness ultimately comes from the lack of resources
and support, which is exactly what Lotus House provides to women and children; not just women
with children, but women who are in high school, who do not have resources, who need to finish
high school, because at this day and age, you're nothing with -- sometimes a bachelor's degree.
So it's just so important for these girls to at least obtain a high school degree -- I'm sorry -- a
high school diploma; not just while they're there, but continued support. I don't think that there
is any one person that has ever been turned away for any reason when they come back to the
shelter. I actually can honestly say that for about six years after I had completed my year at the
shelter, I was working with the shelter, which -- in several different positions, provided an
income for myself and my family. And I also went back for different support services, like
therapy to address the issues that I had experienced in childhood, because if you don't address
your childhood traumas, there is no way for you to grow and move forward and be confident,
and half the self-confidence to, you know, grow into who you're supposed to be. My daughter,
Chastity was the second baby born at the shelter. She's sitting back there now. She's nine years
old now. So --
Chair Hardemon: That's Chastity?
Ms. Jones: Chastity. Chastity is a donor of the shelter. She quite frequently asks, Can I give
everything in my piggybank to the Lotus House? "Would you like to say something? No? So
anyway, I just feel like it's a very unique program. If you don't really know what the program
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stands for and how it's operated, I urge you to really do some research and understand, because
it changes lives. I have not entered back into the homeless system since I left Lotus House. lam
actually in a position where I create jobs for the community, and I'm just forever indebted and
always in support of the shelter. And the expansion is much needed.
Chair Hardemon: Thank you very much.
Ms. Jones: Thank you.
Chair Hardemon: Thank you very much, Chastity. Hello, ma'am. You're recognized.
Irma Williams: Hi. How are you? My name is Irma Williams. I live at 1555 Northwest 7th
Avenue, Apartment 1706. You know, Overtown is always going to be Historic Overtown; that's
something we can't change, but we can beautify it. Look at Wynwood when you go down 2nd
Avenue. It's lovely, it's enjoyable. I want to touch bases on illness with the Lotus House. You
have women [sic] that's -- have been sick for many years, walking around with -- not knowing
what condition they're in. Through the Lotus House they get this help. They go -- they get to go
to doctors. They get to take care of they self. Some even get to find out that maybe they was sick
with some sort of disease; maybe they had cancer; maybe they had something else. I was one of
those. I'm diagnosed with cancer right now. Had I not been through the Lotus House, had I not
been sent to the doctors from the Lotus House, I would have never known. I'm living in my own
place now. I went to the Lotus House in 2007; started working for the foundation; still am. I
work for the thrift store, Lotus House Thrift Store, store manager. I'm in my own place. I love it,
I enjoy it, but you get what you need when you there. You get satisfaction, you get gratitude, you
get happiness, you get compassion. I really think you should pass this. Thank you so much.
Chair Hardemon: Thank you very much, ma'am.
Monyia Knights: Good evening, Chairman Hardemon and Commissioners. My name is Monyia
Knights, and I live in Liberty City, 61st Street, 15th Avenue, Apartment 14. I'm a descendant of
the Rockland Palace; was owned by Alice Davis and Bill Rivers in Overtown. Overtown is my
roots. Seven years ago or almost seven years ago, you wouldn't know -- you wouldn't even know
me, because I was not this person. It's because I walked through the gates of Lotus House and
because they accepted me that I had a new lease in life. I'm a operation manager there. I'm
almost seven years clean from drugs and alcohol. I do seethe people outside along in the streets
in Overtown using drugs, and I try my best to reach them, but until those people are ready, like I
was ready, they're not --they can't be helped. But we are there. We are there to feed them; we
are there to clothe them if they need clothes; we are there to even let them take a shower. If a
lady wish to come in there and said she need to take a bath, we let them take a bath. Lotus
House is well needed in Overtown. I say this because, I mean, you all already done have said
yourself that it's a lot of homelessness in Overtown. I mean, why not start in Overtown? I mean,
why not start in Overtown? We need to start where we live at. Somebody say, Clean up your
own backyard before you speak, U, you know, Overtown is like, so to speak, my backyard. And
I'm just there to help, and I just pray that you pass this zoning vote. Thank you.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Allyson Warren: Good evening. Allyson Warren, 650 Northeast 82nd Terrace, Miami, on behalf
of the Commission on the Status of Women. We sent a letter back in probably December or
January, fully supporting the project. It was voted on unanimously by the board members. This
is a place that has had to turn away 2,500 women and children in the past year. That's
unacceptable. The kind of services that they provide now will be expanded. I understand that as
apart of the expanded medical facilities that they're also going to be expanding into a men's
wellness program; also, it will be available to the gentlemen in the neighborhood, not just, you
know, the women. There is an enormous need for this. I come from a neighborhood which is not
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a bad neighborhood, but the State decides to drop all these prisoners by the side of the street as
part of their release program. That hasn't changed all that much, and we've had lots of people
living under our bridges. We've got one department that drops their prisoners off when they
come over the bridge. Another one that's on the border drops them off on our side of the border
when they're -- you know, during the holidays and whenever they have the opportunity. But this
is the only program that takes care of the women and the girls before they get into a situation
where they can perhaps get into a Carrfour supportive housing, which is another step upwards.
The only other program that was for women that had anything remotely resembling this -- and it
didn't -- is the PACE (Practical Academic Cultural Education) Program for young women aging
out of the prison system, and they're statewide now, too, but historically, most programs are
geared towards men and boys; that's unfortunate, but that's been the case. This project has done
enormous good for the women and the children in the community, and I hope very much that you
will support it. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Carole Jordan: Good evening, Commissioners. My name is Carole Jordan, and I live at 740
South Park Road in Hollywood. I'm formerly homeless and I'm an alumni of Lotus House, and I
also work for Lotus House as the operation manager. When I was homeless, I did live in
Overtown. I also had the unique experience ofsleeping in six different shelters in the Miami
area, and I also slept on the street a few times. I rode the buses and trains to stay warm in the
wintertime. I -- it was very stressful. I also lived in two condemned buildings over on the other
side of Overtown in the swamp area, and it was extremely stressful, full of anxiety. It wasn't safe
for women. There were other women in the building, and basically, a lot of women are invisible;
you don't see them. You don't see a lot of women living in the street. You see them hiding. They
have places where they can sleep in the evening where they feel safer, and Lotus House is a safe
space. I don't know if you all know, but some of the other shelters, you can only stay therefor a
few weeks. It's a shelter where you have to leave in three weeks. You have a clean bed and a
meal, but in the morning, you have to leave at 7 o'clock and take all your belongings. A
homeless lady -- even homeless men, it's almost impossible to get yourself together and enter
permanent housing in three weeks. That's the difference that Lotus House provides to women.
They bring you in and they ask you, What made you homeless and how can we help you solve the
problems that caused me to be homeless in the first place?" They have a wraparound program
that addresses all the needs; the needs required to move women and children into permanent
housing, and it's very much needed in the community. It's probably one of the best shelters for
women and children in the country. And I'm here speaking in favor of Lotus House Village, and I
hope that you will lend your support, also. Thank you.
Chair Hardemon: Thank you. Ma'am, you're recognized.
Fran Katz: Hi. Chairman, Commissioners, everybody who came here to support Lotus House
and to speak otherwise have raised their voice in government, I'm Fran Katz. I'm with the
Women's Fund of Miami -Dade County. I'm director of Grants and Programs. The Women's
Fund has been in this community for 23 years. We make grants to non-profit organizations that
serve underserved women and girls, helping all women to meet their full potential. Constance
has been one of our superstar grantees. Out of 400 grantees, I have to say Lotus House has been
a superstar. And we have proudly supported them since their very beginning, and on an ongoing
basis. I was thereat the first meeting when Constance learned about the issues of homelessness
for women, and she said, This is not acceptable. "She took it upon herself, single-handedly, to
design a model, fund it and start it to help the homeless women. Who does that? If we had more
people like the visionary that Constance is, taking problems and solving them on their own, you
all would be out of a job; the government would run itself. There aren't people like that, and
really, it's an enigma to me why we're not here supporting this project instead of putting up
roadblocks. I don't need to detail all the things about what Lotus House is. It's not a tent city;
it's not just a place for women to lay their heads for a night. It provides all the services that
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make these women whole, and I think you've heard that from enough people. We at the Women's
Fund provide support, and we have four issues that we work on for -- that women need.- Health,
leadership development, freedom from violence, and economic security. Lotus House hits every
one of them, every nail on the head, and that's not often seen and we're so proud of them, and we
certainly hope that you can seethe big picture in this story. Thanks.
Chair Hardemon: Thank you very much, ma'am. You're recognized, sir.
Manny Sarria: Evening, Commissioners. Manny Sarria, assistant executive director,
Miami -Dade County Homeless Trust at 111 Northwest 1st Street. I'm in support of Lotus Village.
I have a unique story on how I learned about Lotus House and Constance. For 18 years, I
worked for a nonprofit agency, and we were tasked with developing a program, roughly eight to
nine years ago, to permanently house folks using a housing first model; taking individuals right
from the streets and giving them a fully furnished apartment and bringing them into housing, and
with wraparound care. And I was met with -- and I was frustrated with meeting women who
didn't trust me, who were broken and I couldn't help them, and I wasn't used to that. And so the
then -director of the Homeless Trust, David Raymond introduced me to Constance, who together,
we were able to engage women at the Lotus House. They worked their magic; women were
healed. In turn, we'd take the women in the agency I work for and provide them permanent
housing, and it was a successful model. But I couldn't have done that without the work of the
folks that --of Constance and her staff that operate the Lotus House. I'm in support of this and I
also think it's a no-brainer, and I hope you all vote Yes'bn the item. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. You've got a little one,
so I can't see her face.
Darely Colon Lopez: Huh?
Chair Hardemon: You have a little one; we can't see her face. Your name and address for the
record, please. Hello.
Ms. Lopez: My name is Darely Colon Lopez, and I live in 1550 Northwest 1st Court, Apartment
4 in Overtown, and I work in Overtown. I work for Lotus House as operation manager. And I'm
coming here to support my program, because I feel like that's my second family and my second
home after I came here from my original country. And we serve hard; we change life, you know.
And I'm proud about what Ms. Constance do, because what she do is take women out of the
street from being raped or try to fall in drugs, alcohol, any bad stuff that can come by being
homeless, because when you homeless, you lose a lot of things. You lose family, you lose home,
you lose even your dignity, you know. You lose everything. And how people like Ms. Constance,
how people like have a program like Lotus House, it's a blessing, because it help you to grow; it
help you to, you know, to change your life, you know. And when I was in the street, I didn't have
no family, nobody to turn to, nobody that would support me. And I was in another shelters.
They put me out from another shelter, because I was not a citizen. Lotus House help me a lot
through all those moments I was being in domestic violence, you know. And I support them and I
feel proud of myself, because Lotus House have open doors for me in this country, too. So I'm
supporting Lotus House tonight for that, and I hope y'all make a good decision about us so we
can keep growing as a woman, as a --for help for the community in Overtown.
Chair Hardemon: Thank you very much. Ma'am, you're recognized. She might be able to take
the mike. She looks like she could speak very well.
Georgette Madison: Hi. My name is Georgia Madison, and my address is 1128 Northwest 7th
Avenue, Apartment 1207. I'm a woman of the Lotus House and I'm currently the quality
assurance manager, and I've been employed at Lotus House for one year. What I'm hereto talk
about is I'm the quality assurance manager and to be first with the reality that Lotus House has
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been in existence for 10 years, and we have been expanding for 10 years. This is not nothing
new. The need is always growing for homelessness; it's always around us. A lot of people are
homeless before they even hit the streets. A lot of people are homeless in their homes. A lot --
me coming from the DCF system and being a newly -appointed guardian ad litem, I came from
the foster care system and put back into a home that there was not structure. So the likelihood of
me being homeless was increased greatly, because I did have a mother who didn't engage me,
and I did have siblings who had mental illness that wasn't addressed. And I don't know about
Lotus House -- I didn't even know about Overtown until I lived in Overtown in 2003. And I'm a
alumni of Booker T. Washington High School, and fear and pride keeps a lot of people from even
addressing the issue of homelessness. A lot of people are faced with stigma. Overtown has a
negative stigma and stereotypes, and statistics. Anybody you ask about Overtown -- even in
2009, when I asked some of the most elderly residents would they like to see Overtown in a better
light on the map, and all of them said ho. "I took that upon myself to ask, because I was proud of
a job placement program funded by Barak Obama. So we're not here this --what we're here
today is nothing new. We're just trying to expand on our own land and we're trying to help more
people. So I went on your page, Mr. Hardemon, and it says that you live by the slogan of 14 takes
a village to raise a child. "You was raised in the Liberty City neighborhood. You went to Charles
Drew. So what we stand on, it does take a village to raise a child, because a lot of people who
come through homeless -- come through Lotus House and homelessness don't have a village
helping them to raise themselves. We have a lot of women who are -- we have a lot of children
who become parents at early ages. We have a school system at Phyllis Wheatley that don't even
have a school nurse. We have a clinic that runs every Monday, free to the community. How you
have a school system in Overtown with no nurse? So as a mother, I have to say, Well, my child
has to be I have to pick them up from school because of a headache or a broken finger that a
nurse can tend to, and lose money; or I don't go to work and tend to my child, and lose money.
And then I can't pay the rent and then I'm facing eviction, and then I'm on the steps of Lotus
House, because a lot of those services, if we want to be politically correct, are neighborhood --
like you have to be in the neighborhood to get services. I can't be homeless in Little Haiti or
Miami Beach or Broward, because the funding or the sources that -- the resources isn't there; or
I can't be homeless and want to go outside of Overtown for help, because I'm from Overtown. So
if we want to talk about like politicals [sic] and be politically correct, let's just admit that there
aren't any resources. And it's unfortunate that a lot of the homeless shelters are in Overtown and
the surrounding areas. And another -- I read the Miami Herald article, and you said, We can't
bring young professionals in Overtown. "There are a lot of young professionals residing in
Overtown. And the fact that anyone wants to do business or have a business thriving in
Overtown is short of miraculous with all the negative stereotypes, stigma, and statistics
associated with the community. Everybody knows Overtown as being the capital of First 48. "To
go out in the streets and don't even want -- your own residents, and we talking about 20, 30 years
my senior -- who don't want to see their own neighborhood on the map, because they blame their
problems on my generation. But when I go to the bus stops and I can't catch a bus to support
public transportation, because the same person -- I have been seeing the same addict that I've
been watching since I was in high school sit on the bus stops, that's a problem. That's not a
Lotus House problem; that's a community problem. We have a thriving business right across the
street from the Lotus House, and we call that li trap. "We have thriving drug dealers who live
right across the street from the Lotus House who I'm guaranteed are very known by the Police
Department, and nothing is being done. So expansion is not new to Overtown. When we started,
Lotus House was one building and we was doing intakes in the courtyard. We were serving
dinners through a window. We've acquired buildings overtime; and right now, we're just trying
to expand on the land that we own to service more women and children, because the need for --
homelessness isn't going anywhere. Thank you.
Chair Hardemon: Thank you very much, ma'am. Ma'am, you're recognized.
Crystal Resper: My name is Crystal Resper, and I reside at 15920 Bunche Park School Drive. I
am an alumni of Lotus House and I'm also the Homeless Management Information System
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administrator for Lotus House currently. I've been working therefor almost two years. This is
the longest time that I've ever even held a job, because I've been employed at Lotus House. My
daughter was born at Lotus House; that was her first home. I have three other children; that was
their first home. This is the way that I was able to come off of the street after being homeless for
a couple of years; couch hopping, living with other people, relying on a partner who was not
able to support me and my children. I was able to become self-suff cient. I was able to get a job.
I was able to have job training; provided clothing for myself and my children. I was able to be
reunited with children that I was not able to have when I entered Lotus House, because there was
no space. But Jayden, my son, was the first child that was at Lotus House that was over two
years old, I believe. My other son, Zion -- he's sleeping right now -- was one of the -- I was the
first mother -- put it this way: I was the first mother of multiple children at Lotus House. I came
in pregnant with one child, with another child with me that was a year old. He had his first
birthday, took his first steps, said his -- some of his first words at Lotus House. So this is a home.
This is not just a shelter; this is not just a project or a dumping ground, or a place to sweep
women off of the street. This is a home; this is the beginning for a lot of women that are not able
to become self-suff cient unless they have the support. Honestly, I had parents who are
professional. Both my parents served police department -- Miami -Dade Police, Miami Beach
Police for almost 20 years. But because I wanted to be able to get out on my own and become
independent and self-sufficient, other than relying on somebody else, this allowed me to do that
living at Lotus House. And I knew when I left there that I wanted to comeback and help make a
differencefor the other women that would come through those doors and need support or need a
family, because even eight, nine years afterwards, I can still sit there and call Ms. Ray or I can
call Ms. Constance and know that ifI needed something that they were going to be the ones that
were going to help me. Thank you.
Chair Hardemon: Thank you very much, ma'am. Ma'am, you're recognized.
Rai Johnson: Hi. Good evening. And I'm just so honored to be here, Mr. Chair and
Commissioners. My name is Rai Johnson. I'm at 4817 on North Miami. That is in Miami,
33127, and I've lived in Miami all of my life. You could have never told me that a sandwich
would be worth a million dollars. You would have never told me that I would be experiencing
homelessness. And ifI had not told you that, you would not have known that. We're all
testimonies here; we all have stories. We're all very awesome people who have experienced
homelessness. Right now, we're here today to appeal to you from our hearts to vote for this
amendment to change the zoning for the Lotus Village so that when we open our clinic, it will be
much bigger. And as the clinic director -- actually, the volunteer clinic director -- we're able to
see more of the community. We're able to see men on specialty nights. We do a very prolific
mammogram testing. We do magnificent referrals; we are a referral magnet to the community.
We have many community partners that we collaborate with, and we just want to just bring you
up to date on what we've been doing at the Lotus House. In 2007, I was experiencing
homelessness, I was using drugs, I was depressed. My --everyone in my family had divorced me.
They didn't want me to be their sister, their daughter, their -- anymore. And one of the ladies
from my church brought me to Lotus House, and that was in 2007. 2016 now, February I
celebrated nine years clean from drugs and alcohol, and I have a master's degree in social work.
I have a master of certified (UNINTELLIGIBLE) professional certification from the State of
Florida, and I am a registered social work intern. And I would not have been able to do any of it
if it was not for the Lotus House; and I mean that, and I believe that from the bottom of my heart.
Thank you for hearing me.
Vice Chair Russell: Thank you. You're recognized, sir.
Cleveland Bell: Cleveland Bell, executive director of Riverside House. Riverside House is a
residential treatment facility, an 80 -bed facility. I have been at that facility now close to 35
years. And today, I'm here in support of Lotus House by asking the Commissioners to join us in
investing in the lives ofpeople that can, in fact, be apart of the solution; not just the problem. I
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askfor this investment because in 1969, Overtown on 2nd Avenue --yeah, 2nd Avenue and 8th
Street, the City of Miami made an investment in me, because I was over there -- I had a blackout
and went
kazoo,'and they put mein jail. That was the beginning of the investment. While I was therein
jail, I applied for the job of working in food service. I did a great job on that, as well. I then
went onto work on work release. When I left work release, I had saved up $3,500, which was an
awful lot of money for me, having a drug background. By the way, my -- I picked up on
February 14 my 47th medallion from my recovery, and that all happened because this
community responded and worked with me. Today, I have been executive director of Riverside
House for close to 35 years. I'm --I came originally to do a weekly Bible study. At that time, the
board asked me would I take over, because the then -executive director wanted to go on a
sabbatical. So I took the first 20 years waiting on the executive director; and now, in my second
20 years, I'm not looking for him. So if you all know of anyone that's looking for a job, send him
my way. But I'm here to support Lotus House, because the investment that was made in me has
enabled me to be a giver back to our community. For example, I have been a member of the
Homeless Trust for 25 years, when it first got started Albert. I think I have a couple of years on
Ron Book, but it has been -- and as mentioned earlier, the community is much better today
because of the Homeless Trust and the housing that has been provided, as well as services that
are being provided. I also have been involved in a national group called Kairos, which works
inside of prisons. Today, we now celebrate in June of this year 40 years. We are now in 37
states and 10 countries taking that work in on a weekly and regular basis. So, again, I'd ask you
for an investment; not just for -- we need the building, but we need the building so that we can
invest in people so that those people can go on and become productive law-abiding citizens, the
same as I have. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. As you must know, I am
part of the Community Relation Board on the County and we been traveling a long way, trying to
support a lot of the homeless. And one of the major problems that we having is complaints about
families that been so many issues in the different shelters, because the structure is not to support
women [sic] with children; it's just to have 30 days, 90 days, six months. And Lotus House is
more as a structure to help them to get a permanent job, and a permanent housing. So we are in
support of Lotus House, and we hope that you guys are thinking of the big pictures and not just
of what the partner next you or the developer is in faceoff against this project. So I hope that
you thinking about the problems that you are resolving, and not just about the money that
somebody else is not making. Thank you.
Chair Hardemon: You're recognized, sir.
Henry Wolff, Jr.: Good afternoon or good evening, sir. Mr. Chairman, Commissioners, my
name is Henry Wolff, Jr. I was born at Jackson Memorial Hospital just after the Second World
War and I lived at 150 Southeast 25th Road for most of my business career. And I just moved a
few years ago to 5500 Collin Avenue, and plan to come back to the City of Miami. Lotus House
is very special and this is a very special week. New York is celebrating the life of Jane Jacobs,
who was really the first influential land planner in the United States. And she talked about the
synergism of an entire community 24 hours a day, seven days a week. Lotus House brings --
helps bring a synergism to the community that not many organizations can do. I'm a member of
a non -for-profit in downtown Miami. Lotus House has a few of their ladies come with their
children to our garden on Sunday mornings, and I can only tell you it brings additional
brightness to our community. By having Lotus House, I really feel, Mr. Chairman, that you'll
have more security and cleaner streets, safer streets because the ladies and their children will be
there, because the entire community will work together to make it safer and better for everyone.
Thank you.
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Chair Hardemon: Thank you, sir. You're recognized, sir.
Miguel Soliman: Good evening, Mr. Chair, Commissioners. My name is Miguel Soliman, 1436
Southwest 6th Street. I'm up here speaking because I own property in Overtown and I feel so
fortunate. I feel as if Ms. Constance Collins is an angel that has fallen from the sky, and we are
so fortunate that she has fallen in Overtown, an area so much needing someone with her deep
compassion that has helped so many in the community. As a property owner, I look at it very
simply: We either have homeless, poor and defenseless women with their children in the street;
or we have a beautiful village with beautiful people, kind-hearted, living in this facility run by
Ms. Constance Collins. And it's a no-brainer for me. As a property owner in this area, I fully
support Lotus House, and I urge you to please pass this rezoning. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
BJ Chiszar: Thank you, Mr. Chair. BJ Chiszar, 801 Northeast 199th Street; formerly elected
chairman of the 600, 000 Democrats here in Dade County. I rise tonight, Mr. Chairman, in
support of these --the land use and zoning applications for the Lotus House. And may I begin by
saying congratulations on your recent nuptials; quite a blessing. I'm here to address another
blessing, a blessing for our community, and that blessing is called the Lotus House. The Lotus
House does great work on a very important cause here in our community, and I'm looking for
solutions to our problems. And that right there, Ms. Collins and her staff, is a solution to a
major problem we have herein Dade County. What does it say about us and our shared values,
Mr. Chair, that we are even here tonight to talk about anything other than the wholehearted
support of this wonderful expansion? The Village will allow more capacity to create change; to
create change in the lives of people who just need a little hand up. And what does that say about
us as a community if we can't extend a hand to those who need it the most? Not to mention the
tremendous benefits to the downtown core, to Overtown, and to our County's approach to
dealing with homelessness. I agree that there are some concerns, and many valid, about the
amount of facilities in one particular part of the community. And if you have a solution to put a
Lotus House type of facility in the Grove or in Aventura, I will be there to back you a hundred
percent on that suggestion. But I think the Lotus House is a blessing. I think you should approve
this application, andl say may God bless the City of Miami and all who call her home. Thank
you.
Maddie Cartagena: Maddie Cartagena, 1915 Northwest Miami Court, Miami, Florida 33136.
Good evening, Commissioners and Board, and everybody here. I want to try to make this as
short as possible. So I will say that I was homeless once and I was hungry. But I'm from New
York City, from the ghetto, and I'm very proud to say that; even though now, when you go where I
lived, 46th Street between 10th and 11th is no longer the ghetto. So when you say li dumping
ground,'Overtown is absolutely an amazing area. We have a business there. Aside from that, I
totally agree that we should not build more shelters, more of anything. I think Miami is amazing,
and I wouldn't say that five years ago. It is amazing, after I got to know it. There are already
existing facilities in the City of Miami; Overtown being one of them. But this building of Lotus
House is something that is already there. You don't need to fix something that's not broken.
What you need to do is all the facilities that exist is (UNINTELLIGIBLE). Provide them with the
tools that they need, which is mainly funding and support from the community and the
businesses. And I believe that every business in the existing areas should contribute
automatically to their community. And I believe that Lotus House deserves that opportunity.
They already exist; they have the tools in place, and I believe that those tools and their existence
can be shared with other facilities and organizations in the community. And thank you for your
time.
Chair Hardemon: Thank you very much.
Grace Solares: Thank you.
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Chair Hardemon: You're recognized.
Ms. Solares: Good evening, Mr. Chair. My name is Grace Solares, 60 Southwest 30th Road. I
fully support this application, and I certainly hope you approve it. I've known Constance and
Lotus House fora longtime. What else can I say after you've heard what you've heard here
tonight? I was very, very moved by the young woman who stood up a little while ago with a
child in her arms and without an arm and she said how she walked until she found Lotus, and
she found Lotus House. I thought of my grandchildren; they're little, my granddaughters. I
thought of your granddaughters, Commissioner Russell; and your daughter, Commissioner
Carollo. Life brings us crazy things at times that we don't expect. Today, we're up; tomorrow,
we may be down. So having a Lotus House so my grandchildren or my granddaughter and her
daughter does not walk the streets without finding a roof over her head I think deserves for me to
stand here and ask you, look at your conscience; not a politics at times. This one is a matter of
morals, of conscience to actually grant this application. Thank you, Commissioners.
Chair Hardemon: Thank you very much. I see there are no other persons here that'll speak on
the public hearing, so I'm going to close the public hearing at this time. You don't have a
rebuttal, because no one has said anything against you.
Ms. Leiva: That's exactly what I was going to say, Commissioner. Everyone has spoken. I don't
need to say anything else.
Chair Hardemon: As far as an opposite position.
Commissioner Gort: Before we go on, there's something I have to read in here. Per the
applicable provision of Miami 21 and Florida law, I, as a City Commissioner am disclosing that I
met with Constance Collins and Mr. Margulies regarding this application, PZ. 16 and 17. All
interested parties involved in this quasi-judicial hearing and this (UNINTELLIGIBLE) meeting
with this application. Such a (UNINTELLIGIBLE) to the contrary be to this expressed -- to those
expressed in this following disclosure can respond to the procedure in compliance with Florida
Statute 2.86-0145. Nothing in this meeting has created arty bias whatsoever to me. Thank you.
Chair Hardemon: Anybody else want to echo those statements?
Vice Chair Russell: Sure.
Chair Hardemon: You don't have to read it, but you can echo the statements.
Vice Chair Russell: I'm sorry.
Chair Hardemon: You want to echo the statements?
Vice Chair Russell: Oh. I do have specific -- not just from the same but my Jennings disclosure
if I should read it at this point.
Chair Hardemon: Does he have to give his whole entire Jennings disclosure? Can he piggyback
off the Jennings disclosure already made?
Victoria Mendez (City Attorney): I'm sure it's different.
Chair Hardemon: Okay, go ahead, sir.
Vice Chair Russell: I'll be quick. I, Ken Russell; my staff member, Eleazar Melendez had a
meeting with Martin Margulies, Constance Collins, and Norman Brahman on December 18.
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During this meeting, these individuals advised me as to certain facts about the item; namely, that
they'd be seeking a change in zoning in order to expand their operations. I stated in response I'd
explore and study the issue. In addition, on March 29, my staff and I met with Cornelius Shiver,
deputy executive of the Overtown CRA regarding this item. I also received a communication
from the Downtown Development Authority, of which I am Chair. On February 19, we formed a
resolution in support of this item. My office has also received several emails from constituents,
both in support and against this item, which I placed into the record. I'm disclosing this
communication pursuant to the City's applicable regulations in order to give the applicant or
other interested affected parties an opportunity to rebut or comment on anything of what was
mentioned to me at the meeting. If the applicant wishes to move for a continuance, the items can
be deferred to the next regularly scheduled meeting of this Commission to afford ample time to
the applicant to refute any information. These communications have not swayed me in any
fashion. I continue to be as impartial about this item as I was prior to my communication. My
disclosure will be made part of the record. Thank you.
Chair Hardemon: Any other disclosures that want to be made for the record? Before you -- you
know, I talked about the minutes from one of the past meetings --well, the past meeting of 1994.
Commissioner Gort, you have to read this, because, of course, it has your comments in it. It has
lots of comments that were made from the community. When I say, 8ommunity,'7 mean
Overtown, Wynwood, Liberty City. There were a number of different ac#acent properties to what
the proposed rescue mission was going to be. I see Mr. Book has his hand over his face. The
reason is because at that time, when he described that there was literally a split; I mean, there
was a proposed split, and people should be on one side, people should be on the other. I think
the difference between that meeting and this meeting is that the minority opinion was not as -- it
wasn't expressed as much so at this meeting. At this meeting, the women who -- such as Ms.
Lilian Slater, Ms. Karen Cartwright and the individuals that reside in Overtown that I'm
guessing they've gone home now, so they don't have the privilege of hearing these comments
today. Those opinions that were expressed by them were overwhelmingly expressed within the
minutes of this decision that was made in 1994. And at the time, the City Commission spoke a lot
about Miami -- or the City of Miami being a place where the County would basically abuse its
territory. As a matter of fact, Commissioner Plummer at the time says, Out of 1, 300 beds
available in this total community, 970 of them exist within the City of Miami limits. Not a single
person this is later on --Not a single person in Key Biscayne, much less a facility. If every
municipality put their shoulder to the wheel and admitted that this is a Dade County problem,
each municipality would have to take about 40 people. "And what he was describing was this
Miami -Dade County that we have, and how the issue of homelessness -- like I always say -- the
issue of affordability, affordable housing -- it's not born in Overtown; it's not born in Liberty
City; it's not an -- it's not something that these communities have because they are the
communities that they are. The issue is a Miami -Dade County issue. And so when you see these
comments from then, it shows you that communities like Overtown have always taken the
responsibility or the mantel and tried to address the social ills of the greater community. So, for
instance, when you talk about affordable housing, I mean, all of you know that there's a lack of
affordable housing in Miami -Dade County. But the City of Miami -- more particularly, the
Overtown community -- has built more affordable housing than all of the CRAB, for instance, in
Miami -Dade County. I mean, that tells you something about the commitment that that
community has made time and time again, over and over and over throughout our community.
Vice Mayor Dawkins at one point says -- he's speaking to Pinellas. At the time, I think Pinellas
was the chair of the -- he was your position, just about; something like that?
Mr. Book: He had been the chair of the committee that came up with the -- it was the Governor's
Commission on Homelessness --
Chair Hardemon: Right.
Mr. Book: -- that developed with Alva Chapman, the 10 year plan to end homelessness.
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Chair Hardemon: Right. So -- and I say this because this is why I appreciate history. But he
says, Fm more amazed to hear, Commissioner Pinellas, that we say we have 75 acres of land in
Homestead, but they won't take this he called it & mega shelter IYown there. "Vice Mayor
Dawkins -- and I won't go through and read all of his comments -- but when he -- he goes about
describing that the Federal Government has 37 facilities that provide services to the City of
Miami. He said, Lxempted taxes: $64,003,191. The State Government has six facilities
providing service to the City of Miami. Exempted taxes: 37, 000, 600. "So he goes on and just
talks about all the different facilities that the County, the City -- I mean the County, the Federal
Government, the School Board; all that, that don't provide taxes. And he talks about Camillus
House and Salvation Army, those rescue missions. And, you know, it's a tough issue. And it's a
tough issue, because what I -- what you read in these documents is that none of these
Commissioners shied away from addressing homelessness, but all of them talked about how
homelessness affects the City of Miami, in and of itself. And still today, I think the Miami Rescue
Mission --since 1994, we've had additional homeless facilities. We've had-- I mean just --its
only been 10 years since Lotus House first purchased their first building; and in that time,
they've expanded to other buildings. And I toured the buildings; wonderful facilities. They
really take care of the properties; really take care of the properties. I've employed homeless --
well, women from Lotus House to work on my campaigns before. So I want to say, just as I said
in the newspaper, what Lotus House does for our greater community -- not Overtown -- but for
the community of women who are suffering and who need assistance is amazing. And I'm glad
that you took the opportunity to avail yourself of the responsibility of doing this for the greater
community ofpeople who are suffering from homelessness; people who are very, very close to me
-- women -- suffered from homelessness at one time, and I know the struggle that they went
through and where they are today. They didn't have the assistance of a place like Lotus House. I
have a very large family. We've seen all different types of things; some of the things that were
described by some of the women that were here today. And there's no argument against the
goodwill that a place like Lotus House has. And when you read through all of these things --not
just from the Commissioners, but from the community -- they all spoke positively about these
types ofservices, but all wondered, why must all of them exist within the City ofMiami7 This is a
document that, like I said, is just -- I think you should take time to read. One of the statements
that you made I think goes back with politics way back in the day, says that Not in my backyard,"
that is the NIMBY (Not in my Backyard) statement. There's a gentleman by the name of Fred
Joseph. He lived at 1717 North Bayshore Drive, Unit 3856. He said a lot of different things, but
one of the statements that he made is that, Everybody says, 'Oh, you don't want it in your
backyard. "And I don't know if you remember this statement, Commissioner Gort, but he said,
Ladies and gentlemen, our backyard's full. Look around. Now it's going to in our lt's going
into our front yards. We're happy to talk to you about your backyards --Coconut Grove,
Hialeah, Coral Gables, Miami Beach. "And so I say that to you to say when the community of
Omni, Edgewater, Overtown, Wynwood Community Improvement Association appealed this
matter, it was about the geographies of it. Where should a place like this go? At that time,
Miami Rescue Mission. And, of course, since then, like I said, you've had a growth of other
shelters. The Overtown Oversight Board at that time voted unanimously for that shelter. I don't
know what the makeup was at that time. I don't have the research to see what the makeup was at
that time, but it is a true statement that they did. But there is one clause or statement that I
would like to read to you. We talked about Miller Dawkins, we talked about J.L. Plummer, but
there was a Commissioner that served in this seat that I sit in today that also served for the
County that I'm sure you are very familiar with. His name was Arthur Teele. And Arthur Teele at
the time was a County Commissioner. And this is the letter that was wrote, because he was not
there, but he wrote it, and a gentleman by the name of Mr. Shubin read it. And, of course, you
know, (UNINTELLIGIBLE) your eyes are glowing.
Mr. Book: Well, that was my law partner, so I do remember.
Chair Hardemon: Exactly. Okay. I love being around -- this is -- Miami is a great place to be.
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Dear Mayor Clark, six months ago, when the Community Partnership for Homelessness or
Homeless '=- announced the proposed site of the Homeless Assistance Center at 1550 North
Miami Avenue, I personally supported the concept and location of this facility. "I mean, because
who could be against it? At that time, I believe that after careful consideration of the magnitude
of the homeless issue, the community residents will look beyond the parochial stance of 'not in
my neighborhood.' As the County Commissioner for District 3'=- which would be what
Commissioner Edmondson would sit in today -- f have been barraged with telephone calls,
petitions and letters of opposition to any action of the City Commission today that precludes
additional public discourse on the proposed site of the Homeless Assistance Center. The
concerns raised by many residents of District 3 include the following: The disproportionate
number of homeless facilities located in Northeast Miami -- 16 other facilities are currently
located in the area; the national trend to abandon the construction of large shelters and to match
the scale of the homeless community to the surrounding neighborhood; and the need for more
public discourse on this issue. I strongly urge the City [sic] Commission to defer without
prejudice a final decision until additional analysis is completed to determine whether this is the
appropriate structure site and proper timing for such a project. Warmest personal regards,
Arthur E. Teele, Jr."
Now, we know that it eventually happened, but what I think Arthur Teele did at that time was
gave an opportunity for the residents to have more conversation about what was happening in
their community. Now, I don't think that -- I know that Ms. Collins, she's got letters ofstipport
from Miami Beach, from the DDA (Downtown Development Authority), from a number of
different individuals. You have some judges, you have a lot of elected officials. You have all
kinds ofpeople that have weighed in on what the City of My-am-uh'khould do within this
territory. However, the few people that spoke here today, people like Karen Cartwright; people
like Lilian Slater; and people like Ms. --
Commissioner Suarez: Cecilia Stewart.
Chair Hardemon: -- Cecilia Steward, I mean, these are people that are right there every single
day, fighting for Overtown, fighting for their community; property owners that have been there,
will continue to be there. I mean, Ms. Slater will pass away. She probably deserves some sort of
monument in Overtown for the dedication that she's had. And for people, when she says, l
remember,' ou remember. What she's touching on is that these issues continue to repeat
themselves. And the question is, at what point does Overtown -- the people that live there have
an opportunity to weigh in? And so Ms. Stewart represents an organization, and you heard her
letter; she read it on the record. I thought it was very articulate. She put about her concerns.
What I'd like to see happen is for those individuals who represent -- not -- those individuals who
are constantly here, who came with no other support, no other backup, no T-shirts; just their
lone voice, and saying, We don't want this here,'? want you all to have an opportunity to sit with
them; a meeting of individuals, a small group like the individuals that you saw here today, and if
you need help facilitating that meeting, we're sure that we can help you facilitate that meeting,
because what I would like is to come to a resolution that they can be proud of and that you can
stand by so that when it comes to this body, I feel confident that I can give you the vote of
changing the land use and the zoning on an issue like this. So I want to make it very clear. We
recognize the need for services. We recognize the good things that Lotus House does; no one can
speak ill of that. There's no personal vendetta against anyone from Lotus House, any -- I mean,
my God, I think Marty Margulies may be my landlord, so that's just -- it is what it is. But what
I'm saying to you is that there deserves more dialogue with people that are more directly affected.
I heard dozens of people introduce themselves and speak to the issue and say where they are from
and very few of them, if they didn't name a place in Lotus House besides the young lady that lives
next door to Lotus House spoke and said, lam from Overtown. I live in Overtown. I own
property in Overtown. "And the ones that did greatly oppose the project. And so I want to give
them a real fair shot at having an intimate conversation with a Constance Collins, with a Ron
Book, right?
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Mr. Book: If I could, Mr. Chairman, to just address a couple of points. First of all, in the 22
years, I don't want you to conclude that the only place that facilities and shelters and homeless
housing for formerly homeless individuals have been built is in the geographic boundaries of the
City of Miami, because that would be an unfair conclusion, and inaccurate. I would suggest to
you that following the building of the facility at 1550 North Miami Avenue, we built a 500 -bed
second Homeless Assistance Center down in South Dade on the Homestead Air Force Base. I
would suggest to you that not only did we build a 500 -bed Homeless Assistance Center down
there, but multiple other providers from Camillus to Verde Gardens, we built a 145 -unit
townhouse development; we built a mini -micro enterprise; we built a farm and a farmers market
for formerly homeless people to work on in South Dade. We have an aggregate of community
down there where hundreds of individuals are sheltered and reside. And the second thing that I
want to comeback to is your point about the community. This application didn't come here
overnight. As you heard Commissioner Gort disclose and Commissioner Russell disclose, they
met -- not a month ago or two months ago or three months ago or four months ago or five
months ago, but it was six months ago because that's how long this project has been percolating
in the community. And Ms. Constance Collins and her group have met with over 350 residents of
Overtown in an effort to try to not just explain the project, but to respond to them. And I would
urge that you advance the zoning application, knowing full well that this project has to come
back to this Commission, and that additional communication and dialogue will go on; that
delaying the zoning and land use change issues that are pending before you today just delay the
project that much more. I urge that you and your colleagues move today forward knowing that
we recognize that continued dialogue in the community is necessary. But --
Chair Hardemon: There's one special thing about Commission meetings.
Mr. Book: Yes, sir.
Chair Hardemon: Despite any other subcommittee meeting, if you will -- Planning & Zoning, I
mean, Code violation meetings, any of those things -- the one meeting, that people pay attention
to, the one meeting that's placed in the media, the one meeting that gets the attention is this
meeting. And so I'm sure that there are going to be individuals who will reside in Town Park,
North/South Village, who own property adjacent to these proposed zoning changes, who live --
who's there that want to say, Yeah, we want to hear about it a little bit more, too. "This is not
something that's different from any other application that comes before the -- what I'm saying is
that the way -- what I'm asking for is no different than any other application that's ever come
before the City of Miami Commission; a continuance to hear the minority opinion and see what
you can work, because what I'm telling you is this: That I think there is a conclusion that we can
come to that is acceptable to the community -- right? -- to the people who are in the minority if
we're able to discuss what those provisions are, and so that's part of the discussion I want to
ensure that we have, and not to have it right here on this dais. I want to recognize Commissioner
Suarez. I know you're been waiting for some time.
Commissioner Suarez: Thank you, Mr. Chair. I --
Ms. Leiva: Commissioner, may I address for a moment, please? I'm sorry. Is that okay? I'd
like to -- I fully agree with you. I think this should be treated like every other application that
comes here. And even though we did meet with those ladies, because they were all at the
Overtown Advisory Board and they spoke and we had dialogue and we shared and we responded
to their answers, I think we have a perfect opportunity if you move this matter on first reading
today. We are coming back to you on May 26 on second reading --
Chair Hardemon: No, I --
Ms. Leiva: -- and final reading.
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Chair Hardemon: --I've never been a proponent of moving things on first reading. Some of us
do it, but the problem with moving things on first reading is that if an issue arises, then -- and
someone is not present, not there, you only need one more vote to make it happen. And so I just
-- the moving it on first reading argument has never moved me at all. So -- but that's not -- you
know, it's not for me to decide, because at the end of the day, all this -- although this happens in
my community; although this is the body that I'm elected from; although that -- you know, we --
there -- I'm not going to say that, but there are -- I'm not going to comment about here, but there
are people -- because it's been proven, just like we talked about in Doral -- who don't even want
prisoners released or people who've been arrested released in their community; much less to
build a facility to address homeless needs. So there are people who truly -- not only do they not
want it, but they have the power, the influence, the connection to keep it from happening within
their community. And Overtown has proven to not be one of those communities. Within these
documents -- and we haven't even gone there, but, of course, there's language about what has
happened from Colored Town to 395 to -- just all the issues, and it talks to the powerlessness of
this community, because it's never been able to thwart, if you will, the things that they did not
want to happen within that community. And to me, you know, I sit here today, much as the same
way that Commissioner Dawkins sat there; really, truly, he was powerless. The reason he was
powerless was because the people that make the decisions for that community tend to be people
who are not from that community; not elected from that community; are not responsible to that
community, and that becomes the real true issue. If this was a vote offive members from the
Overtown community, I don't -- I think that it would be different at this time -- right? -- but it
wasn't. And so what I'm saying to you is that I just want to have a true opportunity. Yeah, I'm
sure they spoke at a public hearing. I cannot imagine how the Overtown Oversight Board
meeting went. We tend to have more controlled meetings at this meeting. In 1994, they were
telling people to hush, shush, calm down; you know, trying to control people. But that didn't
happen here today. What you saw here today were people expressing themselves, expressing
their opinions in a very respectable manner, and I appreciate you for that. And we always want
to give you the same respect that you show us, because that's what we deserve as people. But
when it comes to the community, you know, I want to ensure that they really truly have the
opportunity to dialogue with someone like Constance Collins and you all about how this can
work for their community. Some of the things that you talked about, Constance, where you say,
you know, you're going to create this to look like it's apart of that community, I mean, you're --
so you're talking about some of the things that I'm sure make sense, right? But let's see if we can
make it make sense for the individuals that live in the community. Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Look, I have no doubt that Ms. Slater, Ms.
Stewart, and Ms. Cartwright --particularly Ms. Cartwright -- I mean, you don't really need to do
a census. You could just call Ms. Cartwright, and she'll do the census for you. She'll tell you
where all the homeless are in Overtown; that they know and they fight for Overtown constantly.
You know, my issue is several fold. First, this is a process. This process takes -- it's a variety of
hoops that we have to jump through for them to ever get to a point where they can expand the
use, which is a grandfathered use, if I'm not mistaken, so it's a use that they currently have. So
they would have to not only get this zoning change, but also would have to come back to this
Commission to get an expansion of the use; is that not correct, Mr. Planning Director?
Mr. Garcia: Yes, that's correct. The --
Commissioner Suarez: Assuming they wanted to increase their capacity, which is what they've
indicated.
Mr. Garcia: I would more correctly state it by saying that the sort of use that they are proposing
and wish to expand by the testimony that has been proffered is best suited under the guise of the
CI zoning they are seeking, and the land use change they are proposing
Commissioner Suarez: Okay. So --
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Ms. Leiva: And yes, we would have to come back with exceptions.
Commissioner Suarez: After the second --
Ms. Leiva: After the land --
Commissioner Suarez: Right.
Ms. Leiva: --after the second --
Commissioner Suarez: And that's kind of what I'm getting at, because I think, you know, what I
think that the Chair is worried about is he doesn't want to do anything that undercuts the
community's bargaining power vis-a-vis, you know, making sure that whatever is decided here is
something that the community can get behind. And I think while I agree with particularly Ms.
Cartwright, who talks about the homeless issue in Overtown, I don't see how increasing the
capacity of a facility that's this good would make that problem worse; that's the part that I don't
see. And in fact, I don't also see -- even though I understand that she goes out there and she
counts them and she knows them -- she probably knows their first names -- or she probably
knows their DNA (deoxyribonucleic acid). I don't -- I didn't hear any evidence that Lotus House
is contributing to the homeless population of Overtown, so that's another thing that I'm sort of
struggling with. And also, you know as we've stated here, I think the testimony is that whatever
is built, it's going to be privately financed, and it's going to make the neighborhood look more
beautiful. Now, I happen to have a facility in my district, and I know that when it was approved,
it was very controversial. It's called Miami Behavioral Center; it's Spectrum. You'll remember
that. And they've often come to me for help and I've always been very generous in wanting to
help them, because I'm sure that there are members in our residential community that maybe
would prefer that they not be there -- they're on Flagler and 38th -- but they provide a service
that's essential and they provide it within the four corners of their walls, really. And as much as
I'm sure there was a lot of consternation when it was built there and when it was created there, I
don't get any complaints about it. Nobody complains to me about it; no one complains to our
ofce about it. You know, and the other thing I had spoken to Sergio about --I don't know if --
Sergio, are you around here somewhere? Sergio back there?
Commissioner Gort: He's inhere.
Commissioner Suarez: Yeah, he's been here pretty much all night. You know, he administers a
lot of our homeless housing issues, and I don't believe there's any -- that there's any -- and I want
to make sure that I say this right if he's here. Yeah, he's coming out. I don't believe that --we
have temporary housing programs, and I don't believe any of them, in terms of when we locate
the homeless in temporary housing programs -- I believe you told me that there's none in the City
of Miami, correct?
Sergio Torres (Homeless Program Administrator): What was the question again, sir?
Commissioner Suarez: No, the question is: The temporary housing program for people who
become homeless --
Mr. Torres: Right.
Commissioner Suarez: --the hotel program.
Mr. Torres: The hotel program.
Commissioner Suarez: Those hotels are located outside the City, correct?
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Mr. Torres: Outside the City.
Commissioner Suarez: Right.
Mr. Torres: All of them are located outside.
Commissioner Suarez: In fact, there's one that's on the border ofmy district.
Mr. Torres: It's across the --
Commissioner Suarez: Right.
Mr. Torres: -- by the -- right before your district, yes.
Commissioner Suarez: And I visited it many times. It's actually a little heartbreaking to go there
during Christmas; we've done it before together.
Mr. Torres: Yes.
Commissioner Suarez: And to see families of all walks of life that are unfortunately in that
situation, and we've taken gifts and all that. And so, you know, I want to be respectful of the
district Commissioner, you know, and his desires. And in respect of the district Commissioner, I
also have to say that, you know, that I do think that this could safely move forward without --
today, without affecting the bargaining power that the Overtown residents who live there and
who have to fight the daily fights that they have to fight -- and we know, because Karen calls us
and reminds us constantly of them -- you know, rightfully deserve to make sure that they're
convinced that this is something that could be a value added in their community, and not
something that detracts from their community. You know, that's where I stand. I mean, I'd be
more than happy to hear the rest of my colleagues and hear you, Chair, but that's where I am on
this.
Chair Hardemon: Commissioner Gort; Vice Chairman.
Commissioner Gort: Let me tell you, I don't think there's any doubt what Lotus House does for
the people, for the women in need. I visited many times; I've gave donations. I will continue to
give donation. The problem that we've had, it's -- I think I have as many in my district as you do.
Matter of fact, I'm going to have a project that's going to come in front of my discussion that's
going to be a major project, very large, and I'm going to make sure they're going to take
advantage of it and get the greatest benefit for my community. A lot of promise has been made. I
remember we had all those people coming to Jackson and coming to jail, and ends up in our
neighborhood,- especially in Allapattah and in the whole area. At this time, I got a lot ofpeople
coming and investing within Allapattah for the first time in many years. So I think what we're
trying to do is negotiate a little bit. I don't think we have any doubts, but the one thing we talked
about that impressed me, when I saw the architecture, when I saw the building, and the building
can be done in a certain way that would really -- I believe it would make an improvement. And
the services they can provide, I think it'll be very important. But at the same time, I see your
point. If we pass it on first reading, which I don't have any problem, but if you pass it on first
reading, the second reading makes it a lot easier, and we need to use this. For example,
Miami -Dade County is responsible for a lot of the homeless that takes place right there by
Jackson Hospital, underneath the pass; 12th Avenue, underneath the I-95, 836 is full of it. That's
Dade County's property, Miami --the MOX and soon. I think the neighbors need to seethe
benefits to -- he made it very clear when we began this: Fell me how this building is going to
benefit this community," the reason being the CRA's been working for a long time now to create
what has been promised by many people, and it's finally beginning to go there. So he wants to
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make sure the people -- like I do. I think it's a beautiful building. The services that can be
provided, they're great. But I think the people need to know that; they need to see that. And
that's my thoughts.
Vice Chair Russell: Thank you, Mr. Chair. I forgot -- well, I didn't forget, but there were a
couple meetings I had that I didn't mention in my Jennings disclosure; they don't really apply,
but indirectly, I guess they kind of do. One was during the homeless census count, the overnight
walk through downtown where I was, at least, at that evening. We were in Bayfront Park, and
amongst the hundreds of homeless that we counted that night downtown, we came upon a mother
and her two children in Bayfront Park, and it just stopped me in my tracks; I'd never seen that
before --I've seen homeless before --but a family after midnight. We asked them why they were
there. We tried to -- they had a story, but we had no place to send them other than a hotel, which
we have a budget for; but, of course, that's the most inefficient portion of our homeless
expenditure, I would say. I -- how much do we spend a year on hotel nights? It's incredible. But
what really struck me on that is that I'm a father of a daughter and -- two daughters -- and once
you have daughters, you look at the world differently; I mean, you cry at Christmas commercials
on TV (television). I mean, to imagine my daughter in that situation -- defenseless at night, in
the cold outside, wondering what's coming next. It's -- it just -- it staggers the mind. And so I
came -- began to empathize what that experience is like. That night changed me a lot, and it
really put a commitment within me. I -- my daughter's -- actually, my daughter's old enough now
that she doesn't need her crib anymore, so I have her crib here in my office, and I'm glad to
donate it if it's of any use at Lotus House. The other meeting that I had that didn't apply to
Jennings but it was pertinent was with Mr. Ron Book in my office in one of the first weeks that I
was in this office; I've only been in there four months now. But one of the first meetings I wanted
to setup was with Mr. Book, and we didn't talk about this specific item. What I was meeting was
to try to mend some fences of relationships between our office, between the District 2 office and
the Homeless Trust. And I listened, and I asked him, Now can I help? Where's the missing gap?
What do we need to do? "And he said a bit of what he echoed tonight: F need more units of
housing, more units of housing, housing first. "And I listened and I made a commitment that night
wherever I can find units of housing for homelessness, I'm going to work toward that. Now, I
know that my district probably has the highest number -- highest density of homeless in the City
of Miami, but it's also -- tends to send its homeless out of the downtown area to where the
shelters are, and that's a part of what we're talking about tonight. But that night when I did the
homeless census count, I wasn't walking around the street thinking, Where can I send these
people? "I was walking around thinking, Now can I help these people get to the next step? "And
my commitment is to units of housing wherever we can find them in the appropriate way. Last
week, I toured the facility I assume Commissioner Gort is speaking about, and it's in his district.
And if and when that comes online, it's going to bring an additional 204 beds out of nowhere and
that will have an impact in his area for sure and I will listen open-minded, but I'm in support.
And if and when an opportunity comes up within District 2, you have my absolute word that I
will welcome it. I will welcome it, because we have an obligation as a city. So I -- from
everything I've learned so far, I'm absolutely in favor of this. And the urgency is there that we
should move as quickly as possible. Every night, a child is on the street, a mother is on the
street, and once this is completed, this will help, you know, reduce that. Having full sensitivity to
the situation in Overtown and learning more every day, I certainly don't want anyone to be
underrepresented in this situation. And the Chairman's concerns are that the voice of that
community will not be heard if we move forward with this today, and I respectfully disagree
because I don't feel -- I don't believe in bureaucratic momentum in the sense that if we move this
tonight that that's a rolling ball that won't stop; that we won't listen further; that there's no other
open mind to that. I'm in support of this from what I have learned so far, but I will always have
an open mind. But I don't want to waste time if we can, at least to get the first step in place to
give the voices that have come tonight that we have listened to -- and I have to commend the
Chair for his absolute patience; probably more so than I've ever seen on any issue --for him to
hear people out, and never once did I hear him say, Your two minutes are up, you're done
talking. "And knowing the concerns he has; that I see him studying diligently the -- you know, the
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minutes from years ago. His mind is not made up or closed, and neither are ours. So that's what
I feel on this.
Chair Hardemon: Board Members, what I asked for is an opportunity to defer this to the next
meeting so that people like the individuals that came from Overtown to speak against the project
have an opportunity to really become apart of this process. Ms. Collins, you may not
understand it, the Vice Chairman doesn't understand it, but I can tell you this: There hasn't been
a single project that I know of that the people of Overtown did not want to occur that didn 't
occur. The Federal Government didn't care about 395. You go through there today, unlike -- the
reason that you have -- downtown has -- we approved a skate park. Before it was a skate park, it
was parking. That same expressway where people park to look at the businesses and such, in
Overtown, it's not parking, it's not green space, it's not a skate park, it's fenced in. The issues
that that community has faced and the way that they have been ignored tells me how the Federal
Government, the County, and the City feel about the issues -- or the thoughts of the minority.
And what I want to give is at least the confidence to people like Karen Cartwright, people like
Lilian Slater, give them the competence [sic] that their opinion matters before this body has
come to a conclusion, and voting on first reading is a conclusion. It does not necessarily mean
that you're going to vote the same way on second reading, but like you stated before, Mr. Vice
Chairman, there aren't many times when you go vote first on -- and Commissioner Gort, too --
first reading one way that you change your mind on the second reading; it just doesn't occur.
And even from just an elementary reading of the proposed land use map, I've never seen -- well,
you have a future land use map -- where everything around the subject property is, for instance,
medium density, restricted commercial and then you change the future land use map to proposed
major institute, public facilities, and transportation and utilities; and you have across the street a
major use designation in the middle of the medium density restricted commercial. I mean, that --
just that, in and of itself, wouldn't typically occur. I would not see that from my Planning and
Zoning and Appeals Board or my professional staff. They would say, No, no, no. "I mean, this is
okay; but this property right here, I think should stay restricted commercial. I mean, those are
the types of compromises that I think can come from meeting with the community so that the
campus is the way that you see it there. So I'm not here to debate with the applicants about
whether or not the deferral will occur. We know that you want this now; and in the next hearing,
you're going to want it then. And each hearing that the people do not have an opportunity to be
heard, despite the fact that you packed this place with all of your supporters, is a slap in the face
of the people that at least have something to say about the issue. I'm not voting against your
project today. Nobody's here to vote against your project today, but the same way as any other
community would come here and say, Commissioner, we need more time; we want to discuss
this; we want to be involved, 'that's what I'm asking you to give to these people. And as a matter
offact, I've sat here and said, No, no, no, you had enough time to have public comment. They've
spoken to you many, many times. "I mean, that issue is going to come up with some other projects
that are on PZ (Planning & Zoning) staff right now. So what I'm asking for is that deferral to be
able to have that meeting. Once that meeting occurs, they've gathered their thoughts, then we
address this, like we do every other Planning & Zoning item. And so that's what I'm asking for,
and I don't think that that deferral is going to kill this project. And I -- and please, I don't want
to hear anyone say that this deferral is going to cause women to continue to be raped in the
streets --
Ms. Leiva: Why not?
Chair Hardemon: Hear me, hear me, hear me, because even with this two weeks -- you know
what? I'm not going to get into that back and forth about it, because that -- I think having that --
doing that would be unfair tome. And if you care anything about the fact of how I treated you
all through this entire process, how I've given everyone an opportunity to be heard, and how
we've sat here and listened diligently to these facts. And I have not come to say --to convince
one Commissioner to say, Not in my backyard," that's not what I've done. I have not been in
opposition to you as what the Miami Herald has painted,- I have not, because ifI wanted to, I
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could. I know how to go about doing that, but I did not. And so what I'm saying to you is don't
burn the bridge that you have with the Commissioner that sits here that represents that
community, because you wanted something two weeks before versus waiting two weeks after.
That's not what you do. You don't go about trying to embarrass a sitting Commissioner and
make him to be someone that he is not because he wants more time for the women that came here
today that said, Hey, we don't want it here. "If this is such a win/win, then no one should be
afraid of this meeting that you're going to have with the women that elected this nappy -headed
kid in front of you to represent them. All they want is an opportunity to be heard. They gave a
resolution, but I'm saying that maybe you can have their support; maybe you won't. But that's
going to be decided before this body. I think the writing is on the wall when it comes to this
issue, and it has been for the past 30 years that these types of issues have come up; it has been
since the 1800s when this Colored Town was established,- it has been since 1920s when
Overtown was created by building Liberty Square; it has been since 395 came through; it has
been since people were moved out of their homes, not just in Overtown, but in Wynwood, by
people who today tell you that, Fin for helping the homeless, 'but put people out of their
apartment buildings to make room for their developments. So all these things have occurred in
that area. And all the people are asking for is just a little time to talk it over. And so that's what
I'm asking my Commissioners for; just a little time.
Ms. Leiva: May P
Chair Hardemon: Yes.
Ms. Leiva: Commissioner, you mentioned that we could comeback in two weeks?
Chair Hardemon: Is that the next Planning & Zoning --
Commissioner Suarez: Yeah.
Chair Hardemon: --meeting?
Ms. Leiva: Well, there's a -- you can do a waiver and bring us back in two weeks if that's what
you want.
Chair Hardemon: But I want to give the people an opportunity to meet, so I don't know if that's
-- squeeze by at least the next week.
Ms. Leiva: We're available to meet immediately.
Commissioner Suarez: Mr. Chair.
Ms. Leiva: We will meet with whoever you want us to meet with; comeback in two weeks;
approve on first reading --
Chair Hardemon: Wait a minute, let me stop you.
Ms. Leiva: --and then we will --
Chair Hardemon: I don't -- I don't want this --
Ms. Leiva: -- there's another month.
Chair Hardemon: -- to seem procedure. I really want this to seem substantive, so that's why I'm
asking for it to be in --
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Ms. Leiva: Commissioner, I hear you.
Chair Hardemon: No, but I really want you to understand me.
Ms. Leiva: And I understand you. And that's why we went to the Overtown Advisory Board and
had the meeting after the PZAB, because that was the wish. And we are willing to do it again.
We're willing to --
Chair Hardemon: What I'm asking for is the next PZ meeting, which will be the 26th.
Ms. Leiva: That would --
Chair Hardemon: And at that 26th meeting is when we'll vote on this and continue to move
forward. I'm saying this because any slight, any -- I want that community to really and truly feel
like they have a real opportunity to be heard, because if not, there's no reason for me being here.
Me sitting through these -- I don't know how many hours I've been here -- three, four hours
wouldn't matter, because on an item like this, the District 5 Commissioner means nothing,
because that's what this history has proven to be. But despite that, the District 5 Commissioner,
who is actually chairing the meeting, who decides to sit and listen to these issues is asking for
additional time. I know my vote, ifI voted against it, would mean nothing. I know my vote for it
would mean nothing, because at the end of the day, the powers that be in this great place that we
call Miami -Dade County, the stars have aligned for them the way they always align for projects
in that area. And so all I'm saying to you is give the people an opportunity to be heard. You
know you're going to win. You know you're --you know this is going to pass. You know the
development is going to occur. You know we're going to have another 250 beds there. You know
it's going to be a beautiful building. You know more women are going to be serviced. You know
you're going to move forward, and every one of you are going to be happy and go on to your next
issue. But the people of Overtown will still be there saying, Man, all I wanted was a meeting to
really talk about that development. "I don't think I'm asking for anything --
Commissioner Gort: Look --
Chair Hardemon: -- that's outrageously inappropriate or unreasonable. I'm just asking for the
next meeting. I mean, an issue like this, Mr. Garcia, would never be passed in two readings that
quickly; not from -- not in front of this Commission. I mean, we stood against, as a Commission,
daycare centers in our neighborhoods. We stood against babies, because the community
members came and said, No, we don't want daycare centers in our community. It's too A
encroaches too far into the neighborhood. "And you're talking a facility that houses 500 or so
women and children. Daycares in one community, not okay. Homeless centers in this
community, perfectly fine. With the daycares, we continued the item, we continued the item, we
had more discussion, and then, finally came and said, You know what? I think we're going to
create a"- almost like a policy -- Ihat these centers should not occur, because they're too far into
the neighborhood. The increase of traffic of dropping kids off in the neighborhood is just too
much for a residential community. "But in this situation, the increase in traffic and all of those
different things are not up for consideration, because of the nature of the issue before us. And so,
you know, I'm not here sayingYea'br hay. "I'm saying, may I have a deferral? May I have a
deferral so that my community members can actually come and talk about this? That's -- to talk
about some of these issues like I just described here; to have some input into what actually
happens in their community? I mean, Ms. Collins, we appreciate in the Overtown community
your investment. We appreciate the first building you bought, 2005 or so. We appreciate the
increase in the buildings that you continue to buy. We appreciate your ability to be able to raise
$25 million from the private sector to continue to build facilities. As I understand, there was a
statement that was made -- well, I'm not going to -- I shouldn't -- well, there was a statement that
was made, maybe at the Overtown Oversight Board, where they asked, Well, why can't this be
done in other communities? "And the comment was, Well, it's not economically feasiblejou
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know. I think there's going to be a point in Overtown where it's not going to be economic --well,
getting close to it; it depends on who the investors are -- where it's not economically feasible to
do these types of projects, because the land is so valuable; probably the same way that it's going
to happen in downtown, because I'm sure there's some land in down -- as a matter offact, there's
a project where they're trying to bring a museum through Miami -Dade County, Related, some
other groups, to downtown area. You know, a Homeless Assistance Center would be a great
addition. I think it would help solve a lot of the issues over there, but that would never occur.
Now, we could be dealing with the same people, but they wouldn't agree with you that you need
one there. And you know why? Because it's downtown. It's not Overtown. And that's just the
truth. The Jackson Memorial Hospital, everyone here who drives by Jackson Memorial Hospital
at nighttime has seen all the homeless people that will sleep underneath one of the buildings --
Commissioner Gort: Yeah.
Chair Hardemon: -- off of -- I want to say 10th --
Commissioner Gort: 15th.
Chair Hardemon: -- Avenue and about --
Commissioner Gort: 14th Street.
Chair Hardemon: -- 14th, 15th -- 15th Street. They will sleep all under there, under the building
and along the gate, but mostly under the building. And I know, because I live walking distance
to it. And there's a Subway there that's open late at night, so if you're hungry, that's one of the
only places you can go to get you something to eat. Now, they're -- those people are not sleeping
there anymore. You know why? You know what Miami -Dade County decided to do? They put
planters there. They put --hear me --they put planters there. When I saw all the planters --and
the planters would basically push them further out into the street so they didn't have the cover to
cover them from rain and all the elements, and things like that. That's how Miami -Dade County
responded to it. Right? And so what I'm saying is that Overtown has been accepting of these
different places; and liccepting meaning that they've occurred there. So at least give them the
dignity to have the opportunity to negotiate, be at the table when it comes to this issue. I don't
want to be at the table when it comes to this. I -- look, I honestly don't. I don't want to be at the
table, because I recognize that the powers that I'm dealing with are greater than anything that I
could ever amount to be in this position. But I think the people who live in those communities
deserve to be at the table so they can see what it's like to work on a deal of this magnitude; to
understand that, You know what? Our Commissioner who fights for us every single day cannot
-- it is probably -- this is a losing battle, 'Vyou will, if you want to keep it in their community.
But the one thing, too: Madam Holmes, you know, you say a lot of things, but what I heard
Madam Holmes speak about was economic empowerment for the people that live in that facility;
economic empowerment for the women that are transitioning in and out of that facility. When it
-- I mean, just when I think about it, you know, when this facility gets built, how many of you
women will have an opportunity to build it? You know, one thing I will say: That Lotus House
has hired lots of people, and they -- who graduate from the facility and come back, and they
work there. But there's a lot of need within not only District 5, but within the City of Miami and
Miami -Dade County, and so we want to do our part. And what I'm asking for -- and I'll say it
again, and hopefully, I'll have the support, because I hate repeating myself when I thought I've
made my argument clear: What I'm asking for is a deferral to the May 26 meeting so that the
residents of Overtown have an opportunity to have true substantive dialogue with those
individuals that are proponents of this project. And I'm sure we'll have some well -intended
lawyers; I'm sure we'll have the project owners, and I just ask that you give the people of
Overtown, who is not a -- who may not be as educated, as well polished, as well spoken; who
may not be as well informed or as empowered as you are, give them the same patience that I
gave you today. That's what my wish is, and I ask that my Board Members support me in that.
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Commissioner Gort: I'll move to defer.
Chair Hardemon: It's been properly moved. I ask for a second. Then I will second the deferral.
Move to vote on this deferral. All in favor, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: All against, say hay. "Motion passes. Thank you all so very much for your
time.
Ms. Mendez: Chairman.
ChairHardemon: Yes.
Ms. Mendez: PZ. 17 then will follow along, since we didn't open it?
ChairHardemon: Yes.
Ms. Mendez: Okay. Thank you.
Commissioner Gort: 17, move to defer.
ChairHardemon: Second.
Todd B. Hannon (City Clerk): We're --
Chair Hardemon: We don't have to do it.
Mr. Hannon: Yes.
ChairHardemon: It's clear.
Mr. Hannon: Good to go.
Chair Hardemon: While everyone gets themselves together, I have PZ.2. PZ.2, please find your
way. I'll give it --well, we're going to recess. Recess for five minutes to give people an
opportunity to clear, chat, because I'm sure there's a lot of discussion that needs to be had at this
time, so we're in recess for five minutes.
PZ.17 ORDINANCE First Reading
16-00051 zc
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1.3 ACRES FROM T5 -L "URBAN CENTER ZONE -
LIMITED" AND T5-0 "URBAN CENTER ZONE - OPEN" TO CI "CIVIC
INSTITUTION", FOR THE REAL PROPERTIES LOCATED AT
APPROXIMATELY 220 AND 226 NORTHWEST 16TH STREET, 1514 AND
1540 NORTHWEST 2ND AVENUE, 211, 217, 229, 230, AND 237
NORTHWEST 15TH STREET, AND 1507 AND 1515 NORTHWEST 3RD
AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE.
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City Commission Meeting Minutes April 28, 2016
16-00051zc 05-26-16 CC Fact Sheet.pdf
16-00051zc Analysis, Maps & PZAB Reso.pdf
16-00051zc Application & Supporting Docs.pdf
16-00051zc Legislation (v2).pdf
16-00051zc Exhibit.pdf
LOCATION: Approximately 220 and 226 Northwest 16th Street, 1514 and 1540
Northwest 2nd Avenue, 211, 217, 229, 230, and 237 Northwest 15th Street, and
1507 and 1515 Northwest 3rd Avenue. [Commissioner Keon Hardemon -
District 5]
APPLICANT(S): Vicky Leiva, Esquire, on behalf of the Lotus Endowment Fund
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval. See
companion File ID 16-00051lu.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on
March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow for a zoning classification change of eleven (11)
parcels from 75-L" Urban Center Zone - Limited and 75-0" Urban Center
Zone - Open to "Cl" Civic Institution.
Motion by Commissioner Gort, seconded by Chair Hardemon, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item PZ17 was continued to the May 26, 2016Planning and Zoning
Commission Meeting.
PZ.18 ORDINANCE First Reading
15-00977ap
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21
CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA
("MIAMI 21 CODE"), AS AMENDED, APPROVING THE REZONING OF
CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 23.46
ACRES (1,022,917 SQUARE FEET) FOR THE MANA WYNWOOD SPECIAL
AREA PLAN ("MANA WYNWOOD SAP"), A MIXED USE DEVELOPMENT
COMPRISED OF SELECTED PARCELS, BOUNDED APPROXIMATELY BY
NORTHWEST 24TH STREET TO THE NORTH INCLUDING SPECIFIC
PARCELS FRONTING NORTHWEST 24TH STREET TO THE NORTH,
NORTHWEST 6TH AVENUE TO THE WEST, NORTHWEST 22ND STREET
TO THE SOUTH, AND NORTHWEST 2ND AVENUE TO THE EAST, MIAMI,
FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; THE MANA WYNWOOD SAP CONSISTS OF A PHASED
PROJECT DIVIDED INTO SIX (6) PARTS WHICH INCLUDES
APPROXIMATELY 9,719,083 SQUARE FEET OF DEVELOPMENT
CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 3,482
RESIDENTIAL UNITS; B) APPROXIMATELY 8,483 PARKING SPACES; C)
APPROXIMATELY 51,146 SQUARE FEET OF CIVIC SPACE; AND D)
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City Commission Meeting Minutes April 28, 2016
APPROXIMATELY 168,287 SQUARE FEET OF OPEN SPACE; THE MANA
WYNWOOD SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS
THATARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION
IS NOT SPECIFICALLY MODIFIED, THE REGULATION AND RESTRICTION
OF THE MIAMI 21 CODE SHALL APPLY; THE SQUARE FOOTAGES ABOVE
ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF
BUILDING PERMIT BUT SHALL NOT EXCEED 9,719,083 SQUARE FEET OF
DEVELOPMENT; MAKING FINDINGS OF FACTAND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
15-00977ap 05-26-16 CC Fact Sheet.pdf
15-00977ap Analysis, Maps & PZAB Reso.pdf
15-00977ap Application & Supporting Docs.pdf
15-00977ap Binder - Cover thru Project InfoTab G.pdf
15-00977ap Binder - Project Info Tab H thru Project Info Tab N.pdf
15-00977ap Binder - Project Description & Supporting Docs.pdf
15-00977ap Legislation (v2).pdf
15-00977ap Exhibit A.pdf
15-00977ap Exhibit B.pdf
15-00977ap Exhibit C.pdf
15-00977ap Exhibit D.pdf
LOCATION: Approximately Northwest 24th Street to the north, Northwest 6th
Avenue to the west, Northwest 22nd Street to the south and Northwest 2nd
Avenue to the east [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Iris Escarra, Esquire on behalf of Manningan Holdings, LLC,
Marcella Realty, LLC, Megan Holdings, LLC, Melanie Holding, LLC Mizrachi
Holdings, LLC, Wynwood Holdings, LLC, 2294 NW 2 Avenue Property LLC,
Mapton Holdings, LLC, Malux Realty LLC, Milana Holdings LLC and Millie
Realty LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval with
conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval with
conditions on March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow the area to be Master Planned to allow a greater
integration of public improvements and infrastructure and greater flexibility as
part of the Mana Wynwood SAP.
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ. 18 was continued to the May 26, 2016 Planning and Zoning
Commission Meeting.
PZ.19 ORDINANCE First Reading
15-00977da
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City Commission Meeting Minutes April 28, 2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT,
PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE MANA
WYNWOOD APPLICANT ENTITIES, AS DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI, FLORIDA,
RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE
DEVELOPMENT OF APPROXIMATELY 23.46 ±ACRES FOR THE MANA
WYNWOOD SPECIAL AREA PLAN ("MANA WYNWOOD SAP"), COMPRISED
OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHWEST
24TH STREET TO THE NORTH INCLUDING SPECIFIC PARCELS FRONTING
NORTHWEST 24TH STREET TO THE NORTH, NORTHWEST 6TH AVENUE
TO THE WEST, NORTHWEST 22ND STREET TO THE SOUTH, AND
NORTHWEST 2ND AVENUE TO THE EAST, MIAMI, FLORIDA, AS
DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, FOR THE
PURPOSE OF THE REDEVELOPMENT OF THE SELECT PARCELS FOR
MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT
NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC,
EDUCATIONALAND CIVIL SUPPORT, PARKING GARAGE AND ANY OTHER
USES AUTHORIZED BY THE MANA WYNWOOD SAP, AND PERMITTED BY
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND
USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING A DENSITY OF
APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING A BUILDING
HEIGHT OF BETWEEN 1 AND 24 STORIES BASED ON THE TRANSECT
ZONE, INCLUSIVE OF AVAILABLE BONUSES; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
15-00977da 05-26-16 CC Fact Sheet.pdf
15-00977da Legislation (v1).pdf
15-00977da ExhibitA.pdf
15-00977da Exhibit B.pdf
15-00977da Exhibit Development Agreement.pdf
LOCATION: Approximately Northwest 24th Street to the north including specific
parcels fronting Northwest 24th Street to the north, Northwest 6th Avenue to the
west, Northwest 22nd Street to the south and Northwest 2nd Avenue to the
east. [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Mana Wynwood SAP applicant entities as described in Exhibit
"A" and the City of Miami.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will allow the area to be Master Planned to allow a greater
integration of public improvements and infrastructure and greater flexibility as
part of the Mana Wynwood SAP.
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Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon
Absent: 1 - Commissioner(s) Carollo
Note for the Record: Item PZ. 19 was continued to the May 26, 2016 Planning and Zoning
Commission Meeting.
PZ.20 ORDINANCE First Reading
16-00401 zt
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE
3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS", TO
ADD SUBSECTION 3.6.1(f); CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FORAN EFFECTIVE DATE.
16-00054zc 05-26-16 CC Fact Sheet.pdf
16-00401zt PZAB Reso.pdf
16-00401zt Legislation (v3).pdf
LOCATION: Citywide
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with
the condition the process employed be that of an Exception, on April 6, 2016, by
a vote of 7-3.
PURPOSE: This will amend Article 3, adding Section 3.6.1 (f) to the Zoning
Ordinance, in order to allow a property in a T3 Transect Zone to satisfy some of
the parking requirements of a project on an abutting T6 Transect Zone, through
the Warrant process, in accordance with certain criteria.
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be
CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item PZ.20 was continued to the May 26, 2016Planning and Zoning
Commission Meeting.
Commissioner Gort: PZ 14.
Chair Hardemon: PZ14.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Real quick, there's people here that I know are for PZ.20. I spoke to the
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City Commission Meeting Minutes April 28, 2016
applicant's attorney, and even though our City Attorney said I didn't make to make a Jennings
disclosure, I'm going to say that I'm going to make one; that I just spoke to Mr. Tachman [sic],
and pretty much, PZ.20 arose from an item that happened a few months ago in District 3. We
received a letter of opposition from the Miami Roads Association, and my conversation with Mr.
Tachman [sic] was very brief, that I would wish for him to speak to the Miami Roads Association
so that I will probably want a deferral on this item. So I know that there's various people that
are sitting here, so just so you guys know that my intention will probably be to deferral -- defer
this so that Mr. Tachman [sic] has an opportunity to speak to the Roads Association regarding
this item.
Chair Hardemon: So is your -- you have a motion to defer; is that what you're telling me?
Commissioner Carollo: Yes. I'm going to make a motion to defer PZ.20.
Commissioner Suarez: How long is the deferral?
Commissioner Carollo: Well, let's do a continuance to the next PZ (Planning & Zoning) --for
the next PZ meeting, so it'll be a continuance.
Grace Solares: Mr. Chairman, before you -- excuse me. Grace Solares, Miami Neighborhoods
United.
Chair Hardemon: (UNINTELLIGIBLE).
Ms. Solares: Thank you. Before you defer for him to speak with the Roads Association, I'd like
to request -- and I'm doing this on behalf of MNU (Miami Neighborhoods United) because of the
emails that I received today. They're very concerned about the fact of this being a blanketed
change throughout the City. We wanted to request a deferral until two weeks --whatever you
determine -- but to have the City -- because the City of Miami Planning Department is the one
who's actually coming up with this. They have all kinds of questions and all kinds of concerns.
We don't specifically want to meet with the -- MNU -- with this gentleman. We want to meet with
the City, who's making the law.
Commissioner Suarez: Mr. Chair.
Ms. Solares: So we'd like to --
Commissioner Carollo: That's fair. You're going to have that opportunity in the next few weeks
when we do -- if, you know, my colleagues vote for this deferral. And the reason why I stated Mr.
Tachman [sic] is because, in all fairness, this rose from an issue that happened in District 3
where this Commission instructed our Planning director to work with Mr. Tachman [sic] to see if
we bring something back to this Commission. So even though it's -- the City is the applicant,
that's where it arose from. But either way, you know, by all means, if there's questions, if there's
issues, that's why I want this deferral. So in the next weeks, you can have all your questions
answered. The City can meet with the Roads Association, Mr. Tachman [sic] can meet with the
Roads Association and air this out so we get it vetted before it comes here to the Commission.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you. Yeah, and I just from a historical perspective want to chime
in that this did arise out of an issue that happened in District 3; and it does also potentially
affect my district, as well, because I think this back lot of Coral Way issue is a legitimate issue.
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Commissioner Gort: Affects everyone.
Commissioner Suarez: I do, however -- I did get the emails, as well, Ms. Solares. And in
fairness to the attorney for the applicant, he's been working extremely diligently; and we sort of
promised him a diligent timeline when we denied his application. And in his -- to his -- also, to
his credit, he has proposed language that is much more confined than what is being proffered.
So it would have a much more limited scope; and that may be something that we would want to
consider, because I think a lot of the issues are related to other neighborhoods, as you stated,
that have expressed concerns with this, because they see it as a very broad application; but it
was really meant to serve a very narrow purpose, a window. So I would just ask that you can
have an open mind on that, as well.
Ms. Solares: Okay. Thanks a lot, sir.
Commissioner Suarez: Thank you.
Ms. Solares: So I would have -- I could contact Mr. Garcia and then we can arrange it? Thank
you, Commissioner.
Commissioner Suarez: Yeah.
Francisco Garcia (Director, Planning & Zoning): Happy to do so, of course.
Commissioner Gort: Thank you.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Recognized.
Vice Chair Russell: Could we have advised of this deferral at the beginning of the Planning &
Zoning agenda --
Commissioner Suarez: Yeah.
Vice Chair Russell: -- or is this a newer revelation during the evening? Because I just feel like
there's a lot of people who have waited all day for this one.
Commissioner Carollo: In essence, when I saw Mr. Tachman [sic], that's when I remembered
about the letter, andl had an issue with the letter. So, listen, it's been a long agenda. We've had
many items that were before us. So, you know, again, so now when I see -- you know, now that --
and we've had a packed house the whole time, so I couldn't really see who was here and who was
not; but now that I clearly see, you know, who's here and I wanted to -- that's why I wanted to
ask the Chairman if he would let me speak because I didn't want -- to be in fairness with them, I
wanted to give them my intentions of what I was thinking of doing and I didn't want to waste
anyone's time, so that's why.
Vice Chair Russell: I'm in agreement with you on the deferral; it is a big issue. It's a lot to go
through and it does affect a lot in a big, sweeping change, but -- yeah.
Commissioner Carollo: And in all fairness, I mean, most of the day, when we came from down --
from upstairs midday, there was a lot ofpink shirts here, so you couldn't really see everybody;
one or two, but you know what I'm saying. So.
Alex Tachmes: Mr. Chairman, could I be heard for a moment, please?
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Chair Hardemon: Yes.
Mr. Tachmes: Alex Tachmes with Shutts and Bowen, 200 South Biscayne Boulevard. Mr.
Chairman, just to quickly provide a synopsis, we did meet with staff and Commissioner Suarez
multiple times as a result of the denial by this Commission of our request to rezone a property at
the corner of Coral Way and Southwest 13th Avenue. And so the concept was let's come back
with some legislation, a text amendment that would not be a rezoning, because the Commission
was not in favor of rezoning. So what we had proposed originally was a text amendment that
would only affect Coral Way from 12th Avenue to 22nd Avenue, and corner lots only. It was then
the staffs decision to make it a citywide ordinance, which is something we did not support. And I
think if we left it just within this confined area of Coral Way from 12th to 22nd, it's not going to
affect the City in such a great degree. We'll see how it can -- it works here, and then it could be
made citywide at a later time. But given the fact that our clients have been at this for probably
about a year at this point, we can't -- obviously, you'll do what you think is appropriate -- we
can't support a continuance. We don't think there's anything more to discuss, frankly. And if the
ordinance is done in a narrow fashion and just affects Coral Way, it will not affect the Roads; it
will not affect Biscayne Boulevard. And that's what we requested from the Commission and from
staff, and we believe that's the way to go.
Chair Hardemon: Thank you very much, counselor. Any further comments? All in favor of the
motion, say aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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
D2.1 DISCUSSION ITEM
16-00488
District 2- DISCUSSION REGARDING CAPITAL IMPROVEMENTS PROJECT
Commissioner Ken "BRICKELLAVENUE IMPROVEMENTS, PROJECT B-30874".
Russell
16-00488 E-Mail.pdf
City ofMiami Page 186 Printed on 6/1/2016
City Commission Meeting Minutes April 28, 2016
DISCUSSED
Commissioner Carollo: Wait a minute.
Commissioner Suarez: We got two minutes.
Commissioner Carollo: He's got two minutes to -- Mr. Vice Chairman, you're on.
Vice Chair Russell: All I need is direction to the Manager to move some black fencing from my
district into Commissioner Gort's district for a project that he feels it could be used there; none
of the neighbors want it. It was a project that was approved by the previous Commissioner, and
all of the neighbors don't want it, complain. And so instead of wasting money, the Manager has
found a repurposing use for it. That's it.
Commissioner Gort: We move it.
Commissioner Carollo: I think --
Vice Chair Russell: I just need to give the Manager direction, because we voted to expend the
funds.
Commissioner Carollo: Give him -- there, give him directions.
Todd B. Hannon (City Clerk): Chair --
Vice Chair Russell: Was that clear?
Mr. Hannon: -- less than 30 seconds now on my clock.
Commissioner Carollo: Make the adjournment, Mr. Chairman.
Daniel J. Alfonso (City Manager): Capital project. (UNINTELLIGIBLE) project in his district --
I'm not sure I'm moving it to his district
Vice Chair Russell: That's what the recommendation is.
Commissioner Carollo: We did that in Flex Park. We did -- we had direction from the City
Commission. We took a vote and it was stopped.
Vice Chair Russell: Yes. Thank you.
END OF DISTRICT 2
DISTRICT 3
COMMISSIONER FRANK CAROLLO
DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4
DISTRICT 5
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City Commission Meeting Minutes April 28, 2016
CHAIR KEON HARDEMON
END OF DISTRICT 5
NON -AGENDA ITEM(S)
NA.1 RESOLUTION
16-00642
Offrce of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A
Clerk CERTAIN INDIVIDUALAS A MEMBER OF THE VIRGINIA KEY ADVISORY
BOARD FOR ATERM AS DESIGNATED HEREIN.
/_1=i]I011111111:14
Robert Vernon
Village of Key Biscayne
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0198
Chair Hardemon: I know that there was a 10:15 SpotShotter [sic] --
Commissioner Suarez: ShotSpotter.
Chair Hardemon: -- ShotSpotter presentation. Is the Police Department here?
Daniel J. Alfonso (City Manager): Mr. Chairman --
Chair Hardemon: Yes.
Mr. Alfonso: -- while we wait for the Chief to show up, I have a quick item that I would like to
bring to your attention. As you know -- and I don't want to bring it now, because I don't know
when we'll be doing discussion item whatever; we have a lot of those. The Village of Key
Biscayne yesterday appointed former Mayor Robert Vernon to the Virginia Key Advisory Board,
and we need this Commission to ratify that appointment so that --
Commissioner Carollo: So moved.
Mr. Alfonso: -- that person can --
Chair Hardemon: It's been properly moved.
Mr. Alfonso: -- show up on the May 2 meeting.
Chair Hardemon. Is there a second?
Commissioner Suarez: So moved.
Commissioner Gort: Second.
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Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Arty further
discussion on the item? Hearing none, all in favor, say bye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motionpasses.
Mr. Alfonso: Thankyou, Mr. Chairman and Commissioners.
Commissioner Suarez: Thankyou.
Chair Hardemon: No problem.
Commissioner Suarez: Thankyou.
NA.2 DISCUSSION ITEM
16-00650
A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED
FOR THURSDAY, MAY 12, 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 WILLANNOUNCE THE COMMENCEMENT
OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR
PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF:
SECURITIESAND 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 3:00 P.M. (ORAS 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; SENIOR ASSISTANT CITY ATTORNEYS
HENRY J. HUNNEFELD AND ROBIN JONES JACKSON; DIVISION CHIEF
FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; THOMAS SCOTT,
ESQ.; AND SCOTT COLE, ESQ.
DISCUSSED
Vice Chair Russell: We have quorum; calling back to order.
Barnaby Min (Deputy City Attorney): Commissioner, before you start, can I read something into
the record?
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Vice Chair Russell: Please, Mr. City Attorney.
Mr. Min: Mr. Chairman, members of the Commission, pursuant the provisions of Section
286.011 Subsection 8, Florida Statutes, the City Attorney is requesting that the -- at the City
Commission meeting of May 12, 2016, an attorney-client session, closed to the public, be held
for the purposes of discussing the pending litigation in the matter of Securities and Exchange
Commission versus City of Miami, Florida, and Michael Boudreaux, Case Number
13 -CV -22600, pending in the United States District Court for the Southern District of Florida.
The subject of the meeting will be confined to settlement negotiations or strategy discussions.
This private meeting will begin 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 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; Senior Assistant City Attorneys Henry Hunnefeld, Robin
Jones -Jackson; Division Chieffor General Litigation Christopher Green; Thomas Scott, and
Scott Kole. 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. Thank
you, sir.
NA.3 DISCUSSION ITEM
16-00674
DISCUSSION BY THE MIAMI CITY COMMISSION REGARDING S & S
NATIONAL WASTE AND REQUEST FOR QUALIFICATIONS (RFQ) NO.
495344 FOR COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN
THE CITY OF MIAMI.
16 -00674 -Submittal -Rosario Kennedy -S and S National Waste Petition.pdf
DISCUSSED
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: I believe we've had a lot of business from individuals connected with the
S&SBicon Company. They're here today. And ifyou will allow me, maybe we could hear from
them and see -- because my understanding, the contract finished as yesterday; they still have a
lot of work that -- to be finish.
Chair Hardemon: What's their item? Mr. Clerk, what item is S&S?
Commissioner Gort: Sort of like a pocket item.
Chair Hardemon: It's a pocket item.
Commissioner Gort: Yeah. I'm bringing it up. It's up to the Commissioner.
Later...
Chair Hardemon: RE. 6.
Daniel J. Alfonso (City Manager): RE.6 is the Independent Auditor, Mr. Ted Guba.
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Commissioner Suarez: I think we were going to wait for (UNINTELLIGIBLE) --
Chair Hardemon: You want to wait on Carollo for that?
Commissioner Suarez: Yeah, if you don't mind, because he's the one that negotiated it.
Chair Hardemon: Okay, that's fine. All right, then, Madam City Attorney, can we move into the
Planning & Zoning item part of the agenda?
Victoria Mendez (City Attorney): Yes.
Commissioner Gort: Mr. Chairman --
Ms. Mendez: Mr. Min, did you need the --
Commissioner Gort: Is there an opportunity to hear from the SS?
Chair Hardemon: From who?
Commissioner Gort: From the people that are here. The contract finish yesterday and --
Chair Hardemon: What item is that?
Commissioner Gort: It's a pocket item that --
Chair Hardemon: It's a pocket item? Okay.
Commissioner Gort: --I brought --I thought I'd bring up.
Chair Hardemon: Let's -- before we move to the Planning & Zoning item, let us hear from --
what is it, S&S?
Daniel J. Alfonso (City Manager): Commissioner --
Commissioner Gort: Now, my understanding is this contract was to finish yesterday; am I
correct? I mean, you gave him a 30 -day extension to sort ofget to the --
Mr. Alfonso: The contract with S&S --
Commissioner Gort: Yes.
Mr. Alfonso: --had a 30 -day extension. I believe it expired this morning --
Ms. Mendez: Yes.
Mr. Alfonso: --midnight.
Ms. Mendez: Yes, the 27th, midnight. The 28th on midnight, so it's expired.
Commissioner Gort: The reason I brought this up, because there's --some of the people --we
have a lot of individuals come and talk to us, and I want to hear the -- get some further
information on this case and I think we should give him a chance to speak in front of the
Commissioners. I think we made a decision, but we didn't have all the position given to us.
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Ms. Mendez: Now, Commissioners --
Commissioner Gort: It's up to you all.
Ms. Mendez: -- at --just reminder that this is in litigation, so -- but whatever --
Commissioner Gort: No, wait a minute.
Ms. Mendez: -- keep your comments to --
Commissioner Gort: We are in litigation.
Commissioner Suarez: We're being sued.
Rosario Kennedy: Good afternoon, Mr. Chair, Commissioners. Rosario Kennedy, with offices
at 2645 South Bayshore Drive, here today with S&S National Waste, a family-owned
(UNINTELLIGIBLE) and operated waste management company that has been a qualified vendor
in the City of Miami and service -- have been servicing our industry and our community for the
past 22 years. With me is its resident, Sheldon Mickelson. First of all, I thank you for discussing
this item. You know that I would not be here today ifI did not think that this is for the betterment
Of our community. S&S' (UNINTELLIGIBLE) grapple system has revolutionized waste hauling
in our cityfor high-rise construction, and it helps eliminate traffic and improves the quality of
life for our residents during the construction case of any building. I would now like to introduce
into the record -- and will give to the City Clerk -- a petition signed by many local customers who
stand behind S&S'service. Sheldon, would you like to give it to the City Clerk over there? The
art for today shows that many -- thousands of jobs will be affected if these people are not
allowed to continue service. They also showed up with many charities that are --that would be
affected by them, so we respectfully request that you allow S&S to continue operating in the City.
We will forget the lawsuit. We'll work it out with the City Attorney. And to answer any questions,
is Sheldon Mickelson.
Sheldon Mickelson. All right, my name is Sheldon Mickelson. My address is 3715 Flying Cow
Road in Wellington, Florida. I just want to share a couple of things with you guys. We started
this -- we moved to Florida almost 30 years ago, 5 children and $100. That's where we started.
I started loading trash by hand. I did that for a number of years and thought, there has to be a
better way. And over the years, I created a system ofgrapple service for a high-rise
(UNINTELLIGIBLE) simplify that moving the debris off the highways, and we did make a
mistake. We did not, you know, do the RFQ (Request for Qualifications) on time. I mean, that
was -- I say it was my fault. My daughter was working on it, and we just need --we missed it,
and -- Yes, because we've been renewing it for like every five years, and there were just some
confusion when we got notified, and we should have knew, but it went to a blank email. That's --
and then my daughter was talking to different people at Solid Waste, and they said, they're
extending it, they're this. And we just screwed up. That's all. I mean, we just really want the
opportunity to continue servicing customers. And with all of our employees, I mean, they're
worried about losing their jobs, and we're a family-oriented business. We take care of our
employees like they're family. Their kids are -- I'm like the grandpa to the kids, and we just like
to invest our money back into the families. That's -- shares just a little bit about who we are and
where we come from.
Commissioner Gort: Its a public hearing.
Chair Hardemon: You're recognized, sir.
John Paul Warren: Pastor John Paul Warren, 1412 Beta Court, West Palm Beach, Florida. I'm
here as the pastor that would like to speak to your heart about the people that are here; that this
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isn't about profit; yet, I teach in the university about profit, I teach about capitalism, but the
heart of capitalism is the side about caring for your neighbor, and here you see members of our
congregation; a small percentage of them, but their jobs, their families, their marriages are
going to be greatly impacted. Here, you see charities that will be impacted, and I've heard
Miami has a heart for its neighborhoods. My heart was touched by what you just did on this
Skate Park. I've been working with young people since I was 18 years of age. At 18 years of
age, I said ho'to drugs, under Nancy Reagan's authority. I was over the parent -- or part of the
Parent Resource Network under Hillary Clinton. For 38 years, my life's been dedicated to being
a voice for those that had no voice. Horses that Help is right here. This is an organization that
autistic kids get a free ride on a horse on Saturday. Blind children come from Lighthouse from
[sic] the Blind to get on these horses. They just want to feel their hoofs, like a nail. They can't
see, but they can see with their hands. If it's not for horses; for free. And the young people, by
the hundreds, that come and serve this community, three million hours of volunteered service by
young people from the universities that I'm just fortunate to be apart of. 38 years serving young
people from high schools in 110 nations of the world. We have Mr. Nathan Beachy here, an
outstanding student, over microfinance, loaning money to 51 nations of the world, just a
hundred -dollar loan at a time, but if it's not for a family like this that keep your streets clean, but
can donate to charities, giving these families income, allowing their children to come to work
with them -- Sheldon and the executives don't have an executive office suite; they work right in
the very room with their employees, because they have a heart for other people. Four days a
week, they're on the streets with us. Four days a week, they're providing breakfast and lunch;
four days a week serving other people. It's not about profit; it's about people. And I implore
you, capitalism has a two-sided coin, just like the Scriptures do. Hadley Smith says, "There's got
to be something in it for me. " Some companies, it's just about them.
Chair Hardemon: Decorum. If you're going to --
Mr. Warren: Thank you
Chair Hardemon: -- speak to anyone, speak to me.
Mr. Warren: Excuse my passion. But the other side was about the heart, just about the heart;
and the Scripture says, `Faith without works is dead, " and this is the work. I'm here to represent
the charities, but also the families that say, `Please listen to their heart. "One day, one day they
miss that. I'm calling upon grace that covers -- a love that covers a multitude of sin. Thank you
so much.
Chair Hardemon: Thank you very much.
Mr. Warren: Thank you.
Chair Hardemon: I have a question for you, sir. The Solid Waste Advisory Committee have been
dormant for at least four years, maybe about six. For more than a year now, myself -- I sit as
chairman -- we've been working to put this document out for the waste companies to apply so
that they can be apart of the next contract moving forward. The majority of the waste
contractors -- and you're aware of this -- are small businesses like yours.
Mr. Mickelson: Right.
Chair Hardemon: There's only --probably one, I believe, that is a mega business. And so I'm
trying to understand, where have you been over the past year and a half when we've been
meeting almost every month, trying to bring this contract to where it is today?
Mr. Mickelson: Well, we -- I wasn't receiving emails. I didn't even know that was happening. I
heard about it when we talk to people now at -- we were hauling debris, and we weren't aware of
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them meetings; otherwise, we would have been there.
Chair Hardemon: Can you give me a little bit of guidance on that? Is it possible that he would
not have been aware that we had been meeting, considering the fact that I know that you all have
a list that you send these notifications to? And I say this to say, because it's -- yes, this is about
small business, but each of those companies that are represented, who are small businesses,
spent the time and energy to be at these meeting and participate in this whole process; to make
sure this is something that everyone agreed to and that everyone had a chance to participate in,
and we know that there's a foreclosure in the future from participating but just not in --from the
beginning, and so I'm trying to understand, is it possible -- and I look to you, because you sit at
those meetings with me -- to know that whether or not there -- it is possible for him to have
missed those meetings, not have known that this was in the process, in the works; with all the
public hearings that we've had, not just from that committee, but public hearing meetings about
the new agreement itself with hauling companies? Is it -- is that possible?
Ms. Mendez: Chairman, ifI may? Anything that's said by Mr. Nunez will be part of our lawsuit,
so I ask that --
Vice Chair Russell: What's wrong with that, though?
Chair Hardemon: (UNINTELLIGIBLE) --the possibility of it is an opinion. I'll let the public
hearing further go. Pull to the side forme, please, Mr. Nunez. Public hearing. You had
something to say? You're recognized.
Nathan Beachy: Yes. My name is Nathan Beachy. My address is 1001 South Flagler Drive,
West Palm Beach, Florida. I stand here today on behalf of the university students from three
different universities nationwide as the Microfinance Club president, and what we do as a
microfinance club is we make loans to impoverished people worldwide to help break the cycle of
poverty. As of today, we have 51 loans -- we have 74 loans in 51 countries, and all that is made
possible by donations from companies like S&S Waste. I stand here on behalf of today for
Horses that Help, the other charity -- one of the other charities that they support. Today, there's
a kid that comes from our ministry of Horses that Help, and he was just released from the
hospital after seven weeks. He had 200 seizures in one day. And his mom tells us that Horses
that Help is the only reason he has to live; it's the only thing he looks forward to on the
weekends, and that is all made possible at S&S Waste. And today, I came here to stand for the
charities, but after meeting all these lovely individuals from S&S Waste, I realized that people are
much more important, and today we have an opportunity to show that people are much more
important than policies, and that 29 years of dedicated service to the City of Miami is much more
important than a missed deadline by less than 24 hours. Thank you.
Andrew Moritz: Good evening. My name is Andrew Moritz. I reside at 13547 85th Road North,
West Palm Beach, Florida. I am the co-founder of Horses That Help. We're a Florida nonprofit
that provides free horseback riding and horsemanship training to special needs and at -risk
children and youth. And we would be substantially limited, and we would pretty much be out of
business if we don't have support from companies like S&S, so I really urge you to reconsider
and grant them the license so that they can do the work that they do, employ the families that
they employed, and do the good works that they do. Thank you.
Ms. Kennedy: And Mr. Chairman and Commissioners, they're not interested in pursuing the
lawsuit. They would be very happy to sit down with the City Attorney and work things out, if they
get the extension.
Vice Chair Russell: I'm sorry. So what you're saying; that you are dropping the lawsuit, or you
would drop the lawsuit if --?
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Ms. Kennedy: I will let you hear it from Mr. Mickelson himself.
Mr. Mickelson: We're totally willing to drop the lawsuit ifwe can figure out how to keep working
in the City of Miami. We had no idea, you know, like when we filed the lawsuit --I didn't even
know how this whole system works. Never been in the system --situation. We haul trash, and
this is so new to us. It's way over our heads, but that's the only thing we knew that we should do,
and we connected with Rosario and we see a whole different vision today. We just want to figure
out how to solve the problem and be able to keep working, keep our employees all working, and
that's -- absolutely. The answer is Yes,'{ve want to drop the lawsuit.
Vice Chair Russell: Thank you. The emotional appeal and --all I'd like to say is thank you for
your honesty. I think the fact that you just came and actually just --rather than trying to find 10
reasons of why you deserve it, you simply said, you made a mistake, and you're appealing to the
better nature of the Commission, and so I appreciate that.
Mr. Mickelson: Thank you.
Vice Chair Russell: What we're able to discuss --I need to understand fully from my City
Attorney where we stand, andl would like to get clarification. If I'm not mistaken, even though
the contract has run out, they have existing permits to operate, and those permits go beyond the
contract; is that correct?
Ms. Mendez: They have some, not all -- I think they can explain it better, but basically, they
have some of the permits, but not all of their permits for roll -off, so at least -- how many permits
do they have left of the --?
Vice Chair Russell: How many total con -- active contracts are at stake?
Ms. Mendez: I'm sorry?
Vice Chair Russell: How many total active contracts are at stake?
Ms. Mendez: Well, it's one contract.
Vice Chair Russell: Our contract with them is one.
Ms. Mendez: Right. And then they have -- every time they have to pull permits in order to do --
Vice Chair Russell: For each contract that they have.
Ms. Mendez: Correct. And then --
Vice Chair Russell: So that's my question.
Ms. Mendez: -- I don't believe they have all their permits. I believe they have less than the
amount of permits left to fulfill.
Chair Hardemon: Now, I want -- there's some language that I want to get. I know the new -- I
believe it's the new agreement. It's either the new agreement or one of the governing documents
that we have, but it spells out that if there's a reduction in the number of haulers, that we can add
another hauler to the list, and that was something that throughout all those meetings that all the
bodies, the small haulers and the one or two -- I think it was maybe one large hauler -- we all
agreed to. As I understand it, there has been a reduction in the number of haulers, so I'm trying
to get the language to see if it clarifies, because if it does, then it may provide a mechanism that
has been agreed upon, voted upon fairly, duly, to allow another hauler to be added into the new
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agreement. Because the one thing I want to ensure is that the processes that we're dealing with
are fair. You know, it's about fairness, not only to you to make room for the mistake. However,
it's fairness to the people that actually took the time to go through the process that are just like
you, the small haulers that make up that committee. Mr. Manager -- well, Mr. Commissioner
and then the Manager.
Vice Chair Russell: I had a question on the floor just -- that I was trying to get a clarification
on.
Chair Hardemon: Okay, go ahead.
Vice Chair Russell: How many open contracts do you have right now, and how many of those do
you -- would you expect that you have open -- permits that you can find some breathing room
here on?
Mr. Mickelson: We right now have -- I believe it's 61 projects we're working on in the City of
Miami. We have actual permits on all of them.
Vice Chair Russell: So all of them are permitted, so that actually gives you some breathing room
to continue operating, even though the contract with us has expired, is that correct?
Mr. Mickelson: That is correct.
Vice Chair Russell: How much time do you think you have on those permits?
Mr. Mickelson: Some of the jobs, it's 70; and others, it's 90 days; we just renewed them.
Commissioner Suarez: Mr. Chair, if I may? I just want to clarify that point, because I think
that's an important point for the audience and the employees that are here, which are really the
ones that -- you know, the -- look, it is very compelling, obviously, when you have young people
and worthy charities that are coming before us, and it's good that we have -- that we're doing
business with companies that are socially responsible; that's important, but really, the most
important thing is the employees of the company. But I think what you just said there, Mr. Vice
Chair, is important, too; that the City has really, really made an effort, and I really want to be
clear. And I've met with some of you, but not all of you. The City has really made an effort to try
to solve this, okay? They did it by extending the prior contract for 30 days, and they've now
done it through a Letter oflnterpretation from the Solid Waste director, which has essentially
extended their ability to do business for another -- as the gentleman just said -- 70 to 90 days.
Meanwhile, we are in litigation, even though I appreciate the fact that you came today and said
and acknowledge -- and I appreciate the fact that John Paul also acknowledged -- both of you
acknowledged that you made a mistake, okay? And I think we all know mistakes have
consequences, even though we've tried to minimize those consequences, but the truth of the
matter is, as the Chair said, you know, there is other people at stake, and those other companies
also have employees, you know, and they also probably donate to charity, my guess is, and so we
have to be fair. So what I've urged you, as the owner of the company, and who have all their
lives -- you're responsible for all of -- well, responsible for her beautiful little child, and you're
responsible for the children of all these people here, that with the time that you have that you
come to the table with the City Attorney and you find a solution that allows there to be fairness in
this process and, at the same time, doesn't harm your employees, which really are the people who
have -- you know, the charities are very good, and I'm sure, you know -- and the work that you've
done is phenomenal, but really, at the end of the day, it's the employees that I -- whose jobs I fear
for, and who I've met and got to see the faces of their children, okay? But, you know, I really do
believe that the City has done their part, and, you know, we were here two weeks ago on the
verge of terminating our contract with our Manager, in part, on some of these issues, so I think it
would be hypocritical of us to now sort of forget that that happened, and that's not right either,
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and that's part of, you know, how we got here. And then I want to be fair to him, as well. Okay.
Vice Chair Russell: I have a question.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: The reduction in the number of operators allows who to make the decision
for -- the Manager or the Commission? So you have at your sole discretion, without direction
from us, the ability to add to the fleet, if you need; is that correct?
Mr. Alfonso: The way the contract that was -- the new franchise agreement was passed by this
Commission; it gives the Manager the ability to add vendors, if there's a reduction in the number
of other waste haulers.
Vice Chair Russell: So if you have that within your responsibility and ability, what direction do
you need from us, -- or do you need any at this point?
Mr. Alfonso: Well, the direction that I would need from this Commission, I would say, given --
again, let's not be hypocritical. Igo through the process that I need to go through. Obviously,
the organization could not be in litigation with the City for me to even consider adding them to
the contract. And there's a process. We'll have to take their application. We'll talk to the
committee; get that recommendation from the committee, and then we decide whether we add
them on or not.
Ms. Mendez: So the -- he can add, administratively, after he goes through the process, but,
obviously, this Commission --
Commissioner Gort: It's got to come back.
Vice Chair Russell: After that point, it comes back to us.
Mr. Alfonso: Well, it's not required to come back to this Commission. I think that the City
Attorney's trying to be cautious, protecting me in this case, given what happened two weeks ago.
Ms. Mendez: If it's something that he can look into in going through the process, which is going
through the Solid Waste Committee, there's no lawsuits, that they're responsive, and everything --
that they qualify with everything -- it has to go through the whole administrative process first and
then -- so.
Vice Chair Russell: What we cannot do is break the rules --
Commissioner Suarez: That's right.
Vice Chair Russell: -- to bring back in. No matter how emotionally --
Commissioner Suarez: Right.
Vice Chair Russell: -- we would want to, there is a system and a fairness. And so I think you do
see an effort here to find within the rules if there is a mechanism. There is no guarantee of that,
but what you're doing a little bit is speaking softly but carrying a big stick. There's a litigation
over us that kind of limits us in our ability to even discuss this openly and freely and negotiate
with you, but I hear the sentiment, but it's not fully clear you would drop the lawsuit, but only if
you're able the operate and --
Mr. Mickelson: Well, that would be common sense. I mean, we want -- we don't -- I dislike
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suing. It's not in me. I would rather figure out how to work things out so we could work, and it
won't hurt our employees, and we can keep on moving; that's my desire. My desire is not to have
a lawsuit, not to cause problems for you guys. It's like how can we figure out how to make this
work?
Ms. Kennedy: May I say --
Chair Hardemon: Well, within the franchise agreement -- see, the issue is that today -- even with
the extension, when it was made, you were operating under the old agreement, and we have
haulers working under the new agreement, which is inherently unfair, right? Because some of
the fees and charges changed, and so you were still operating under that old scheme. So even
with there being -- say, if you were granted another 70 to 90 days, then you would still be
operating under the old agreement, instead of finding a way to operate under the new one. The
provision is there to add a new hauler, right? The provision is there. Now it's time for you to get
involved with what that committee is doing to ensure that you're added to that list. I think that's
the best way you can utilize your resources, but -- I mean, I will say, the City -- I don't -- I'm not
sure -- I know I don't -- none of the Commissioners probably appreciate dealing -- doing
business with someone who's suing them. I mean, that's --
Mr. Mickelson: I understand that.
Chair Hardemon: -- one of the things -- Right. So we're trying to make amends in saying there's
away to go about doing it. I think you should avail yourself of the new contract to start to work
towards that whole process. Even if you rescinded your suit --and I'm not encouraging you to
do so, but I'm telling you, even if you rescinded it, you could probably sue still. I mean, it doesn't
negate you from doing it in the future. So it's just something that you should consider, but there
is a mechanism in action that can work in your benefit and to the benefit of your employees.
Ms. Kennedy: So Mr. Chairman, may I suggest, if you could give us --
Commissioner Gort: Excuse me.
Ms. Kennedy: -- 30 days --
Commissioner Gort: Excuse me.
Ms. Kennedy: -- to work with the City Attorney and drop the lawsuit --
Chair Hardemon: No.
Ms. Kennedy: -- (UNINTELLIGIBLE) --
Commissioner Gort: No, no.
Chair Hardemon: No, no.
Commissioner Gort: Excuse me.
Chair Hardemon: You're recognized.
Commissioner Gort: One of the reasons I brought this as a pocket item, because I was
understood and I was informed that as long as they have a open contract, they continue to be
working here. This --the reason I brought him here is because I want this decision to be made
by the Commissioners. We give him a chance for him to continue to operate with the old
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contract. If you want to be part of the new contract, you're going to have to sit down with the
staff and with everyone and work it out. We cannot do it here.
Chair Hardemon: But -- right. I mean, but the issue is that if you extend it under the old
contract, he can pick up new accounts. So he's picking up new accounts under the old, if you
will, fee schedule, and so that is the part that's unfair to the people who are already
(UNINTELLIGIBLE) --
Commissioner Gort: To a new -- correct.
Chair Hardemon: And so that's why -- that's where the issue is. If we were saying, you only
have the existing accounts that you were servicing, and as those expire, you need to then work
your way into the new agreement, that's another thing. But to extend it and allow a hauler to
pick up new accounts --
Commissioner Gort: No.
Chair Hardemon: -- is -- that's the part that's troubling, and that's the part that the rest of the
haulers -- not the big haulers, but the haulers that are like you -- that's the part that they feel is
unfair.
Commissioner Gort: Okay.
Chair Hardemon: So --
Mr. Mickelson: Thank you
Chair Hardemon: -- where we are today, for instance, if his contract isn't extended, he still has
open permits for the existing accounts, and you stated it was about 61 accounts, and so you can
service those 61 accounts, maintain your staff, but to grow it --
Commissioner Gort: We'll go to work right away.
Chair Hardemon: --to grow your revenue, you have to get into the new account. I think that's
what the Manager and everyone (UNINTELLIGIBLE).
Mr. Alfonso: But ifI understand correctly, their franchise agreement expires last night. They no
longer have a franchise agreement. They have 60 -some open accounts. They continue to
operate those accounts under the existing permit. There is a committee meeting next week. I
believe it's next Wednesday. The Solid Waste Committee meets again next Wednesday, I believe.
They can present at that committee meeting, but for the City Manager to consider adding a waste
hauler, there can be no open lawsuit --
Commissioner Suarez: Of course not.
Mr. Alfonso: -- against the City, so that's something that they'll have to consider.
Chair Hardemon: Understood?
Commissioner Gort: Okay?
Commissioner Suarez: Yes.
Commissioner Gort: I think Mr. Priegues wants to speak.
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Tina Rodriguez: May I add to that, please?
Manny Priegues: Manny Priegues, 4000 Malaga Avenue. Commissioners, Mr. Chairman, I
represent Eastern Waste Solutions. They are a small company. They're not a big company.
They're not progressive or one of these, you know, companies that are on the U.S. Stock
Exchange. So to your point, Chairman, the preponderance of the vendors that work at the City
of Miami are small businesses, just like S&S. And as it's been said a little (UNINTELLIGIBLE)
here today, they, you know, did not participate in the RFQ, so our point has always been and the
industry's point has always been that it's patently unfair to let them come in now if they didn't
participate, because everybody else did everything the way they were supposed. And I have to
stress to you, you know, all of these companies have been around for a long, long time. They all
know how this works. Everyone knew that this was a five year contract. That gentleman over
there signed -- or his daughter signed the contract, and he knew that in five years, that contract
would be up, and it would be up in October, and everybody knew this. Everybody knew that this
was going to come to an end and that there was a new RFQ. And Mr. Nunez started working on
this RFQ last April, a year ago; six, seven, eight months before this happened. So I find it hard
to believe that all of these -- that one company -- only one company did not know what was
going on. Having said that, you know, I think it's important that the Commission has vetted this
and has tried to balance this out, based on the needs of these folks and these employees, but what
I think what I'm hearing is, is that they are unwilling to drop the lawsuit until they are
guaranteed that they continue working in the City of Miami, and I think that that's what they
want, and I think that that's completely 100 percent unfair to everybody else that's participated
in this and that is working really, really hard in order to service all of the City of Miami. So in
the interest of fairness to all, I think that it's really, really important that one thing happened
first, and then the process, as the Manager very eloquently has said, you know, is -- you know, it
goes on its course, and there is a committee meeting, you know, next week in May, which
Chairman, you chair as well. So, you know, that's the point. You know, there are a lot of small
companies that are going to be affected and that had -- and that, by the way, were affected for 30
days when they were operating under the -- yeah, you were spot on on that point, because it's
true. We were at an economic disadvantage for a month's time, so thank you very much for
vetting it. Thank you very much for bringing it up, and I appreciate your efforts.
Vice Chair Russell: I just have a question for Mr. Priegues.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Mr. Priegues --
Chair Hardemon: Sir?
Vice Chair Russell: -- I just want a little clarification. Do you not feel that the Manager has the
legal capacity to add them under the existing rules, or do you just feel that it's unfair in general
because the process wasn't followed initially?
Mr. Priegues: My understanding of that language is that there has to be an event that occurs
that causes the Manager to feel uneasy about having a certain number of haulers --
Commissioner Gort: Right.
Mr. Priegues: -- covering the City of Miami. So it is possible that one or two haulers can drop
out for whatever reason, but he could still feel that there are enough haulers to cover the entire
City of Miami; which, by the way, there's 10 haulers, so that's part one. Part two: The dropping
of a hauler is not really 100 percent correct. What happened was -- is that another -- one of the
current vendors bought the assets of one of the other vendors, okay? And those assets, meaning
the trucks, the accounts, they're all being serviced still by the assets of that other company. So
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there's actually no net difference currently, right now, as we speak --
Vice Chair Russell: There's no reduction in capacity --
Mr. Priegues: There's no reduction in --
Vice Chair Russell: -- but there is a reduction in competitiveness.
Mr. Priegues: There is a reduction --
Commissioner Gort: Yes.
Mr. Priegues: -- in name only, because all of the same contracts, all of the same machinery,
they're still out there. There's hasn't been a net reduction in the service of these accounts, based
on the acquisition that occurred, so --
Chair Hardemon: I think you're on a point with competitiveness.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: I want to ask him one question, and I'll --
Commissioner Suarez: Sure.
Chair Hardemon: -- come to you. If they had applied, assuming all their ducks were in order,
do you think, from the time that you've been here, that they would have been added to the
haulers' list?
Mr. Priegues: In other words, if they had not filed the lawsuit?
Chair Hardemon: No, no, no, no. If they had applied just like S --
Commissioner Suarez: Yeah, of course.
Chair Hardemon: --just like your company did --
Commissioner Suarez: Yeah.
Chair Hardemon: -- do you think they would have been added to the list of haulers.
Commissioner Suarez: Sure.
Mr. Priegues: Well, if they had applied -- if they had participated in the RFQ, they would have
made it.
Chair Hardemon: Right. That's --
Mr. Priegues: Every single company that's participated in the RFQ qualified.
Chair Hardemon: That's --
Mr. Priegues: Every single one of them.
Chair Hardemon: -- my point. So what I'm saying to you is that -- so the reduction of services
and the reduction in the number of haulers, and as the Vice Chairman put it, the reduction of
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competitiveness, I think is a matter of-- it's subjective; and it being subjective, I say to you that if
they can avail themselves of the process that we all sat down and created -- they didn't have a
hand in creating that process. They didn't have a hand in creating the fee schedule. However,
they would have to deal with the fee schedule that you all created, and so with that being said,
that's what makes me comfortable moving it forward, saying, "Look, if the Manager sees that
there was a reduction in the number of haulers and he believes that that list can be
supplemented, then he has the authority to do so, and I don't think that that would be unfair,
because of the way that it's written and because you already have the advantage in that you
helped negotiate the structure itself.
Mr. Priegues: Generally speaking, I agree with what you're saying, yes. I mean, the Manager
can come to those assumptions. I mean, then you're splicing hairs. Is there less competition
because there's one out or because there was three out or because there's, you know, eight out,
whatever? You know, it can be finagled, but generally speaking, I agree with what you said.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: No. I mean, I don't know that there's much to add. I think that what's
important here is they've acknowledged that they made a mistake. They understand --I think you
understand that when there's a lawsuit that creates a problem.
Mr. Mickelson: Yes.
Commissioner Suarez: And it creates a problem for the Manager, it creates a problem for the
system. I think you --you have certainly brought people here that vouch for your credibility as a
corporate actor, which is never a bad thing. I think everyone would acknowledge that at some
point, you have the right to reintegrate yourself into the process, whether you were a new
company that came in after the RFP [sic] or whether you just apply regularly, and that that
process takes time, and so we just have to see that process play out, and that's it.
Mr. Priegues: Yeah. I mean, just my last point.
Commissioner Gort: Excuse me, sir.
Mr. Priegues: What would be fundamentally unfair is that they were allowed back in without
some timeframe of being out and going through a legitimate process that takes time and that the
Manager has to vet and all this and -- you know, today, if somehow, they were going to be
granted another extension, that would have been 100 percent patently unfair and not right if --
you know, and this is up for the City's interpretation -- they drop their lawsuit and then come to
the table and decide that they want to try to come back in.
Chair Hardemon: Okay, (UNINTELLIGIBLE) problem. Commissioner Gort.
Commissioner Gort: No, I think we already stated the ball is in their court, so they're the one
that have to go out and play now.
Mr. Mickelson: What I would like to say is we will drop the lawsuit tomorrow morning and work
with the Manager to work things out.
Chair Hardemon: Thank you very much.
Commissioner Suarez: Thank you.
Chair Hardemon: All hearts and minds are clear?
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ADJOURNMENT
Commissioner Suarez: Thank you.
Chair Hardemon: Good? All right.
Ms. Rodriguez: May I add, please?
Chair Hardemon: Ma'am.
Ms. Rodriguez: Thank you for your time.
Chair Hardemon: Ma'am.
Commissioner Gort: You're --
Ms. Rodriguez: Can I tell you something?
Commissioner Gort: -- winning right now. You're winning right now. You're winning.
Commissioner Suarez: You're coming out looking real good, so that's what I'm trying to tell you.
Chair Hardemon: All right.
Commissioner Gort: You scored a goal already.
Chair Hardemon: We have to move onto our next issue. Thank you very much.
Ms. Rodriguez: Thank you.
Commissioner Suarez: Thank you, guys. Thank you for coming.
Unidentified Speaker: Thank you.
Chair Hardemon: All right.
Unidentified Speaker: Thank you very much.
END OF NON -AGENDA ITEM(S)
The meeting adjourned at 11: 59 p.m.
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