HomeMy WebLinkAboutCC 2016-10-13 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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Meeting Minutes
Thursday, October 13, 2016
9:00 AM
Regular
City Hall
City Commission
Tomas Regalado, Mayor
Keon Hardemon, Chair
Ken Russell, Vice Chair
Wifredo (Willy) Gort, Commissioner, District One
Frank Caroiio, 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 October 13, 2016
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Present. Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner
Carollo and Commissioner Suarez
On the 13th day of October, 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 Vice
Chair Russell at 9:18 a.m., recessed at 12:21 p.m., reconvened at 2:14 p.m., recessed at
3:15 p.m., reconvened at 4:00 p.m., recessed at 4:01 p.m., reconvened at 4:33 p.m.,
recessed at 4:35 p.m., reconvened at 4:56 p.m., and adjourned at 4:58 p.m.
Note for the Record. Commissioner Carollo entered the Commission chambers at 9:20
a.m., Commissioner Suarez entered the Commission chambers at 9:24 a.m., Chair
Hardemon entered the Commission chambers at 9:34 a.m.
ALSO PRESENT.
Fernando J. Casamayor, Chief Financial Officer/Assistant City Manager
Victoria Mendez, City Attorney
Todd R Hannon, City Clerk
Vice Chair Russell: Good morning. Welcome to the October 13, 2016 meeting of the
City of Miami City Commission in these historic chambers. The members of the City
Commission are Wifredo "Willy" Gort, Frank Carollo, Francis Suarez, Chairman Keon
Hardemon; and myself, Vice Chair Ken Russell. Also on the dais -- not today -- Daniel J.
Alfonso, City Manager; Victoria Mendez, City Attorney; and Todd Hannon, the City
Clerk. The meeting will be opened with a prayer by Commissioner Gort.
Commissioner Gort: Thank you. Could you all stand, please?
Invocation delivered.
Vice Chair Russell: Now for the pledge of allegiance.
Pledge of allegiance delivered.
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PR - PRESENTATIONS AND PROCLAMATIONS
PRA PROTOCOL ITEM
1144 Honoree Presenter Protocol Item
Renita Holmes Mayor & Comm Carollo Salute
Sergeant Albert Pacheco Mayor & Comm Russell Salute
Officer Julian Cotto Mayor & Comm Russell Salute
Firefighters "Fill the Boot" Days Mayor Regalado Proclamation
Francisco Unanue (Goya) Mayor Regalado Key to the City
Roy Hardemon Mayor Regalado Salute
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: PRESENTED
Vice Chair Russell: We'll now make the presentations and proclamations.
Presentations and proclamations made.
Mayor Tomas Regalado and the City Commission presented the Key to the City of
Miami to Francisco Unanue of Goya Foods; recognizing the organization's
contribution to the community through donation of thousands of tons of food to
help those in need
Mayor Tomas Regalado and the City Commission paid highest tribute to the
Honorable Roy Hardemon, State Representative, for his tireless commitment to
public service in the Miami -Dade County area; further recognizing his selfless
dedication and political talents and congratulating him in his successful election to
Florida State House District 108 seat.
Mayor Tomas Regalado and the City Commission proclaimed the month of
October 2016 as Miami Association of Fire Fighters Local 587 "Fill the Boots
Days;" and extended a heartfelt appreciation for their laudable efforts in the fight
against life-threatening muscle diseases; further recognizing their accomplishment
in raising more than 5219000 for Muscular Dystrophy Association (MDA) through
the annual "Fill the Boot Campaign."
Mayor Tomas Regalado and Vice Chair Ken Russell paid tribute to Miami Police
Officer Julian Cotto and Sergeant Albert Pacheco for their commendable
dedication to public service and for their keen investigative skills which resulted in
the apprehension of a suspect and recovery of stolen property in a break-in which
occurred in Coconut Grove on April 6, 2016.
Mayor Tomas Regalado and Commissioner Frank Carollo paid tribute to Renita
Holmes for her sense of civic pride and heroism in helping to save the life of
Jedadiah Scataliffe; further applauding her for remaining poised and vigilant in
assuring that another life was not lost to gun violence.
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City Commission Meeting Minutes October 13, 2016
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
AMA Planning and Zoning Meeting of July 29, 2016
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... .................
Approve
RESULT:
APPROVED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardenzon: Is there a motion to approve AM.1, which is the Planning &
Zoning meeting minutes of July 29, 2016?
Commissioner Suarez: So moved.
Chair Hardenzon: It's been properly moved and seconded. Any further discussion?
Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
ChairHardemon.- Motion passes.
AM.2 Special Commission Meetings of July 13, 2016
MOTION TO:
Approve
RESULT:
APPROVED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardenzon: Is there a motion to approve AM. 2?
Commissioner Suarez: So moved.
Chair Hardenzon: Properly moved.
Commissioner Carollo: Second.
Chair Hardenzon: Seconded. All in -- any further discussion? Seeing none, all in
favor, say "aye "
The Commission (Collectively): Aye.
MV - MAYORAL VETOES
NO MAYORAL VETOES
(Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the
Mayor shall be placed by the City Clerk as the first substantive item(s) for City
Commission consideration.)
Chair Hardenzon: Are there any mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
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Chair Hardemon: All right.
END OF MAYORAL VETOES
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101 N IN Me] a9:ABAYA
Chair Hardemon: We will now begin the regularly scheduled Commission meeting. The
City Attorney will state the procedures.
Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a
lobbyist, including all paid persons or firms retained by a principal to advocate for a
particular decision by the City Commission, must register with the City Clerk and comply
with related City requirements for lobbyists before appearing before the City
Commission. A person may not lobby a City official, board member, or staff member
until registering. A copy of the Code section about lobbyists is available in the City
Clerk's Office or online at www.municode.com <http://www.municode.com>. 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 or online at
www.municode.com <http://www.municode.com>. The material for each item on the
agenda is available during business hours at the City Clerk's Office and online 24 hours
a day at www.miamigov.com. 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 to be continued or rescheduled, the
opportunity to be heard may be at such later date before the City Commission takes
action on such proposition. The Chairman will advise the public when the public may
have the opportunity to address the City Commission during the public comment period.
When addressing the City Commission, the member of the public must first state his or
her name, his or her address, and what item will be spoken about. A copy of the agenda
item titles will be available at the City Clerk's Office and at the podium for ease of
reference. 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 may be requested at the Office of Communications or viewed online at
www.miamigov.com. No cell phones or other noise -making devices are permitted in the
Commission chambers; please silence those devices now. No clapping, applauding,
heckling or verbal outbursts in support or opposition to a speaker on his or her remarks
shall be permitted. Any person making offensive remarks or who becomes unruly in the
Commission chambers will be barred from further attending Commission meetings, and
may be subject to arrest. No signs or placards shall be allowed in the Commission
chambers. Any person with a disability requiring assistance, auxiliary aids or services
for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion
of deliberation of the agenda item being considered at noon. The meeting will end either
at the conclusion of deliberation of the agenda item being considered at 10 p. in. or at the
conclusion of the regularly scheduled agenda, whichever occurs first. Please note,
Commissioners have generally been briefed by the 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 either withdrawn, deferred or substituted. Thank you, Mr. Chairman.
Fernando J. Casamayor (Chief Financial Officer/Assistant City Manager): Good
morning. There are no items for deferral or withdrawal.
Chair Hardemon: You have any items that you wish to defer?
Commissioner Suarez: Yes.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Yeah. I'd like to defer REI and RE8 to the November 17
agenda, please.
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Commissioner Gort: RE.1 and RE.8?
Commissioner Suarez: And RE.8.
Chair Hardemon: You're recognized, Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. Is it possible to defer to the next
Commission meeting FR. 1 ? And only because I think we need a bigger discussion on all
the issues, not just one. So if we could defer FR. 1.
Chair Hardemon: Thanks. FR. 1. I'll add to the list PH.2 --
Vice Chair Russell: For deferral?
Chair Hardemon: -- for deferral to the next City Commission meeting. Is there any
other item that wishes to be deferred?
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Hardemon: Its been properly moved and seconded that we defer the items RE. 1,
RE. 8, FR. 1, and PH. 2, in accordance with the motion.
Todd B. Hannon (City Clerk): Chair, just --
Chair Hardemon: Yes.
Mr. Hannon: --for the record; I just want to make sure we're all clear. REI and RE 8
will be continued to the November 17 meeting, FR.1 will be deferred to the October 27
meeting, and PH 2 will be deferred to the October 27 meeting.
Commissioner Carollo: Yes.
Chair Hardemon: Correct.
Mr. Hannon: Thank you, sir.
Chair Hardemon: Any further discussion on the motion on the floor? Seeing none, all in
favor, say "aye. "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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CA - CONSENT AGENDA
The following item(s) was Adopted on the Consent Agenda
..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
MOTION TO: Adopt
RESULT: ADOPTED
MOVER: Francis Suarez, Commissioner
SECONDER: Ken Russell, Vice Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
CA.1
RESOLUTION
1004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
"FY
Police
PROJECT ENTITLED 2016 PAUL COVERDELL FORENSIC
SCIENCE IMPROVEMENT GRANT PROGRAM", CONSISTING OF
A GRANT AWARD FROM THE UNITED STATES DEPARTMENT
OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE
AMOUNT OF $92,086.00, TO PROVIDE FUNDING TO PURCHASE
A THREE-DIMENSIONAL LASER SCANNER FOR THE CITY OF
MIAMI POLICE DEPARTMENT'S ("MPD") CRIME SCENE
INVESTIGATION UNIT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND ANY OTHER NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND
ADMINISTRATION OF SAID GRANT; ALLOCATING REQUIRED
MATCHING FUNDS IN THE AMOUNT OF $15,800.00 FROM THE
MPD GENERAL FUND ACCOUNT CODE NO.
00001.191001.664000.0000.00000 FOR A TOTAL PROGRAM
COST OF $107,886.00.
ENACTMENT NUMBER: R-16-0468
CA.2
RESOLUTION
1003
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
"
Police
PROJECT ENTITLED: FISCAL YEAR 2016 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM" ('JAG'),
CONSISTING OF A GRANT AWARD FROM THE UNITED STATES
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF
$367,931.00, TO PROVIDE FUNDING FOR PLANNING,
EVALUATION, AND TECHNOLOGY IMPROVEMENT PROJECTS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND
ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE
ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD.
ENACTMENT NUMBER: R-16-0469
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CA.3
RESOLUTION
1001
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of Fire-
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE
Rescue
PROJECT ENTITLED: STATE HOMELAND SECURITY GRANT
PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE
OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN
SEARCH AND RESCUE ('USAR') TASK FORCES (YEAR 2016)"
AND APPROPRIATING FUNDS, IN THE AMOUNT OF $100,000.00,
CONSISTING OF A GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE
DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT,
PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED
USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, IN ORDER TO IMPLEMENT THE
ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD.
ENACTMENT NUMBER: R-16-0470
CAA
RESOLUTION
1007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY
Public Works
MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF
DEDICATION AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED
OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED
AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES;
APPROVING AND AUTHORIZING THE RECORDATION OF SAID
DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP
COPIES OF SAID DEEDS.
ENACTMENT NUMBER: R-16-0471
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Chair Hardemon: Commissioners, I'm asking that we try to move through just a few
things to get some work done. So can I have a motion to approve items CA.1 through
CA. 4?
Commissioner Suarez: So moved.
Chair Hardemon: So moved. Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: Been properly moved and seconded. Okay, is there any further
discussion about it? Seeing none, all in favor say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
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PA.1 PERSONAL APPEARANCE
1054 PERSONAL APPEARANCE BY MIAMI-DADE MAYORAL
CANDIDATE, FREDERICK BRYANT REGARDING THE
CONDITION OF MIAMI, FLORIDA AND DRUG USE IN THE CITY
OF MIAMI.
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: PRESENTED
Chair Hardemon: This is the time now we have our personal appearances. Our first
personal appearance, who will have five minutes to address the City Commission, is
Mr. Frederick Bryant. Mr. Frederick Bryant, you're recognized for your five
minutes to address.
Frederick Bryant. Good morning, Mr. Chair, Commissioners. I'm thankful to be
able to be here this morning; thankful that the Lord woke me up; allowed me to be
here. Good morning to everyone present today. My name is Frederick Bryant. I
reside at 1431 Northwest 2nd Avenue, Miami, Florida. As some of you may know, I
have some concerns in the City of Miami at --particularly, near my residence. Some
of you may know that the grass was grown kind of high. There has been numerous
overdoses in the area, and I have stressed my concerns, and I want to thank you that
the place has been somewhat cleaned up, for those of you who have aided me in my
efforts during my times of stress, but the stress is not over. I would just like to say
that the addicts have somewhat disappeared with some effort, but my concern now is
still that the grass has been cut somewhat in that area -- in some areas, but on that
same block, there is a lot of -- couple of lots that still had -- has not been cut, that
have been in violation for maybe five or eight months, and I would just like to see it
cut. I would like me and my neighbor, who is 78 years old, to be respected a little bit
better than what we are. I had another word here (UNINTELLIGIBLE). Well, I
didn't put it here, but anyway, I would like to see the grass cut. And I'm not even
talking about a fence, but just as something as simple as that on -- and the address is
approximately 1425 Northwest 2nd Avenue. It's been in violation for the longest.
And I would just like to propose a resolution, if I can, that the grass just be cut on
that -- in that lot. It seems like me and my neighbor being harassed, and that's all
I'm asking. And I've talked to Code Enforcement; they say a couple of days, and it's
actually been months now. So please, I would like to know could my neighbor and I
get some help? If I can even be there when the lawn is cut by the Code Enforcement
or whoever they send out there to cut it; I'll be glad to be there. I don't want to get
off the topic, but I know they was talking about having a walk Overtown. I'd be glad
to be a part of that, as I told the Chief. But I would just like to, like I said, see the
grass cut, and that's all. Can -- what can I do about that? How can I get some
assistance with that?
Chair Hardemon: I want to say, where Mr. Bryant lives -- Well, first, I notice, when
he says that the grass is high, that was -- that's an understatement. That grass is --
probably was as tall as his shoulders; maybe a little bit taller than that. Ms. Belinda
knows it, because she's seen it. I personally saw it. I saw it because I was driving
around the neighborhood, and I usually drive at night time around, just to see what's
happening in Overtown area. And when I ran into this grass, I was very, very
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City Commission Meeting Minutes October 13, 2016
surprised that the grass had been able to grow so high on this lot. Directly next door
to the lot is his neighbor, the 70 -something --
Mr. Bryant: 78.
Chair Hardemon: -- year-old woman, and then next to her -- I mean, next to her, on
the south -- the southern part is where Mr. Bryant lives. So we immediately began to
engage the City, the Administration about cutting this lot. Eventually, the lot was
cut, cut. They cut around -- Well, I forgot to add this part to it: Once you notice
how high the grass was, you followed your way all away around that lot, what you
realized was that there was about three tents that were set up in that lot, and the
tents -- when we investigated the tents, there were about eight people in the tents
togeth -- altogether. Now, many people start to think that, "Oh, well, you know,
these are homeless people, and that's who live in the tents. " No, no, no. These are
people who come to the area, they buy drugs, they set up tents, and they use the tents
next door to people like Mr. Bryant. You know, this is important to talk about,
because, you know, we make a lot of decisions within our community, and one of the
things that we always say is "Not in our backyard. Not in our backyard. We don't
want these houses built because we don't want any more density. " But we're
allowing -- and I say "we" because the City is allowing people to move into these
lots that are next door to people like Mr. Bryant and setting up tents, and all that
they're doing is overdosing on drugs.
Mr. Bryant: Yes, sir. Yes, sir.
Chair Hardemon: Every time someone chooses to overdose on a drug, it brings in
more customers to that area, because, for some reason, the -- they learn that -- you
know, I guess they believe that the drugs are strong, and they come again and again
for this area. So once they had the grass that was still surrounding those tents, we,
once again, engaged the City Administration saying, "Please cut the yard. " I think,
Mr. Bryant, you were there at the time --
Mr. Bryant: Yes, I was there, yes.
Chair Hardemon: -- when they cut the grass from around the tents.
Mr. Bryant: Yes, sir.
Chair Hardemon: And basically, you had to tell the people, you were going to move,
or there's going to be an issue. So, finally, they cut the grass that was just
surrounding the tents, but the tents still stayed there. People who were still using
drugs, abusing drugs were still in those very same tents. And so, I'm trying to pull
this up as quickly as I can, because I want to show you all a visual.
Vice Chair Russell: Of the lot?
Chair Hardemon: Well, you won't seethe lot. The lot that we had -- if I can figure
out how to work this Wad. The lot that was there was one -- you won't see the grass
being cut, because by that time, the grass was cut. I'm sure the grass has grown
again, but that's not the issue. And I -- I mean, this is the only way that I can do it. I
guess I'll just have to show you from my phone. Everyone will be able -- won't --
everyone won't be able to see it here.
Vice Chair Russell: Mr. Bryant, is your house the green house or the pink house?
Mr. Bryant: Yes, sir.
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Chair Hardemon: It's the green house. It's not the pink house, correct. So --
Victoria Mendez (City Attorney): Chairman --
Chair Hardemon: Yes.
Ms. Mendez: -- the IT (Information Technology) individuals are right out here that
they can assist you with.
Chair Hardemon: So what -- the issue is this: So, once the grass was cut from
around the tents, now you can -- everyone can see that there are these tents that are
there, and you can see the people come in and out of the tents using the drugs,
overdosing on drugs.
Mr. Bryant: Yes, sir.
Chair Hardemon: Firefighters get called once they overdose. They bring them back
to their good senses, and they leave them there, and they move on
(UNINTELLIGIBLE).
Mr. Bryant: Back into the tent.
Chair Hardemon: And so what ends up happening is, every single day in this area,
they continue to have these overdose problems. Now, this is going to bring about a
lot of other issues, because there's a great need, as the firefighters and police and
everyone has already made this press announcement about the use of drugs and
Fentanyl, and the overdoses that are increasing within that area, but more -- but
also, you know -- so there are a lot of things we need to go into there, but -- so, of
course, the concern of Mr. Bryant is that someone's going to die right next to his
house, because they keep using drugs, and overdosing next to his home. So just so
happened on one day -- not at night -- in the middle of the day, I'm driving around in
the Overtown area, and I pass by his home, and I'm -- he has the pictures that -- Mr.
Bryant has the pictures that I would like everyone to see.
Mr. Bryant: I forgot to bring them. I didn't (UNINTELLIGIBLE).
Chair Hardemon: But we don't have them -- he doesn't have them on him today. But
what I have is a picture that is of what you can see -- and you can see it,
Commissioners -- you can see the three homes -- the three tents that are next to Mr.
Bryant. And so, on the picture, what you'll see are the three tents. It started to rain,
so we took some cover. But in front of the tent, what you'll see is a body that is
covered in a white sheet, because someone died --
Mr. Bryant: Yes, sir.
Chair Hardemon: -- right there next to his home. So I was able to see her. Mr.
Bryant was able to see him. He took pictures. She died right there, just like
everyone thought that she would. And so, you know, no one should have to live next
door to something like this. And what I'm -- and I'm begging for this Administration
to really start to activate themselves in this area, and that's why I have this
emergency ordinance on today to start the fencing of these properties, because
what's happening -- and I sent the Administration another picture today of a
property that is across the street from Reaves -- Jefferson Reaves Clinic. If you go
into that lot, they built almost an apartment. Thank you, Ms. Belinda. It's a house --
it's an apartment right there in the trees of that area. And so, no one's going inside
of these areas to check to see if there are any children inside of there, or if there are
any --
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Berlinda Faye -Dixon: I am.
Chair Hardemon: -- illegal drug use and the things that's happening, and this
becomes a major, major problem for the Overtown area. And so we can't -- there
are so many issues, and it takes a really organized presentation -- and I plan on
making that very soon -- to show you the ills that that community is facing when
you're talking about drug use, you're talking about people dying in the -- in that
community, and there are people from outside of the community coming in and
making it like that. And so, what I need from the Administration is a true effort. I
need results so that this won't happen. You can't say -- we can't just throw our
hands up and say, "Oh, this is Pottinger. " It's not. It's not. The people that are
overdosing in that area are not people who are homeless living in that area. These
are people who are moving in transit; they're in and out. They use their tents; they
leave. Some of them in their car. I mean, I'm sure all of the firefighters know of all
these issues that happen where they can look at people -- that's the picture. So this --
and this isn't -- ifI had Mr. Bryant's picture, you would be -- you would probably be
in awe, because he has pictures that are very close to them, but this is a picture that's
taken from my cell phone, and what you'll notice is that the grass was probably as
high as this tent on this lot. The pink house is where the 78 -year-old woman lives,
and this is the body that's laying right there in front of the -- this encampment that
was just laid out in front of that area. And so, my question is, who in the City of
Miami should have to live next to this?
Commissioner Gort: Yes, sir.
Chair Hardemon: He pays his taxes, like everyone else does. And as that body laid
there in the rain, kids walked by.
Commissioner Gort: That's right.
Chair Hardemon: They were walking to and from Booker T. Washington. They
were going to football practice. They were going --just about on their daily routine.
And people kept walking by and saying, "I knew that was going to happen. I knew
that was going to happen. "
Commissioner Gort: That's right.
Chair Hardemon: `I knew that was going to happen. And this is what we're dealing
with every single day in the area. So, if we're going to be serious about making this
a better community for everyone to live in, then we have to be serious about doing
this. And whatever resources that are needed to make this go away in that area
needs to be put towards our community. And if you can't do that, that's going to be a
failure on this Administration. And no one's going to sit around and allow you to fail
the people in Overtown like this. If you lived next door to this, it wouldn't be there.
There's nobody here that could live next door to this, every single day. And so, we
need everyone's commitment to make sure this goes away, because it's not like this --
this is not something that you see, oh, at 3 o'clock in the morning; oh, when
something special happens. This is every single day, morning, night, lunch; it
doesn't matter. This is what they're dealing with. And so we need the commitment
of all of your resources to make it work, to make it happen. And we shouldn't be
bullied by anyone who tries to tell us that there's nothing that we can do about this,
because Mr. Bryant shouldn't have to live next door to this.
Mr. Bryant: Mr. Commissioner --
Chair Hardemon: Commissioner Gort.
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Mr. Bryant: Mr. Commissioner.
Chair Hardemon: Yes, sir.
Mr. Bryant: Mr. Chairman, if you notice the pink house, right now the grass -- and
I'm thankful that the grass is cut now and the tents are gone. But behind the pink
house, now the grass is kind of elevated, and on the other side of my house, it's
elevated also. And I would just -- and it's been in violation for, like I said, about
eight months now, and I was wondering what could be done to -- could we propose --
could I propose a resolution to just to have the grass cut behind the pink house and
on the side of mine?
Chair Hardemon: This image that is now on the screen is an image that is in
Overtown. It's near the Metrorail Station. And when we talk about how people put
these encampments up -- well, this -- if you see in the middle of the screen -- here.
This was an inflatable mattress that had been sitting thereon the property. And you
can see, this is a well-maintained property, because this is -- I think this is County
property. This is where the Metrorail Station is, so this is County property. So you
can see that the property's pretty much well-maintained, but you see that there's
some belongings in the back, and then those belongings are covered by this bush so
people don't have an opportunity to see it. But you know what's under this mattress?
Another dead body that had been therefor many, many days because no one checked
it; they didn't look for it, and the smell is what alerted people that there was a dead
body under this mattress. And so, literally, in these neighborhoods, your -- these --
you have dead bodies that are being discovered by people. And as long as we
continue to have the vacant lots that are overgrown, especially where people aren't
checking, we're going to continue to have these bodies that are piling up. I'm
showing these to say that this is more than beautification. This is more than, "We
don't want these types of people in our neighborhood. "
Mr. Bryant: That's right.
Chair Hardemon: Bodies are piling up in these areas. This is real. This is real.
These are pictures that people are taking with their cell phone cameras. Myself,
personally, I've taped three overdoses in Overtown, three, personally; not from
someone that called me and said, "Hey, Commissioner, by the way, come check out
this overdose going on. " No, no, no. I was driving in the neighborhood and saw it.
Commissioner Gort, and then I'll let you speak.
Commissioner Gort: My understanding is, couple of items are going to be coming
up to address this issue. The problem is throughout the whole City. I mean, we have
the same problem with overgrown grass in a lot of the residential areas, and it's
creating a lot of problems. And Code Enforcement in here, they use tents, but in
some of our neighborhoods, they use the vacant houses, and they go in those vacant
houses, conducting the same amount of business. So this is something that we going
to deal with it later on, and we're going to make sure we come up with some
resolutions.
Chair Hardemon: You're recognized, sir.
Fernando Casamayor (Chief Financial Officer/City Manager Office):
Commissioner, we -- these pictures are real. This is clearly something that any
resident of the City -- or, actually, anywhere -- should have to live next to. You have
our commitment that whatever resources we have in order to try to -- I'm not going
to say "eradicate" -- but try to address the issue, we will. And any suggestions that
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we may have regarding legislation that we would need in order to assist us in order
to deal with these issues, we would be bringing forward, as well, sir.
Chair Hardemon: Okay. Mr. Vice Chairman, you want to say something?
Vice Chair Russell: I was going to ask if we should take up EM.1 right after this?
Chair Hardemon: That's fine, if that's the will --
Ms. Mendez: I need to -- if we're going to take up EM. 1, I just need to hand out just
a couple of changes that were made, just wordsmithing, and I'm going to hand that
out before you take it up.
Chair Hardemon: Okay, please pass it out. Mr. Bryant, you can bet your bottom
dollar that we're on your time -- we're on your team.
Mr. Bryant: Can we justget the grass cut?
Chair Hardemon: No, no.
Commissioner Gort: You will.
Mr. Bryant: Can we justget the grass cut?
Ms. Mendez: Chairman, can we get his address --
Chair Hardemon: There's -- this --
Ms. Mendez: -- the address that is --
Commissioner Suarez: 1425 --
Ms. Mendez: -- you know, the --
Commissioner Suarez: --1425 --
Ms. Mendez: --next --
Commissioner Suarez: -- Northwest.
Ms. Mendez: -- That's the address that needs to be cut --
Mr. Bryant: Yes.
Ms. Mendez: -- because we don't want to cut your grass by mistake.
Chair Hardemon: I'll tell -- no, no, ma'am. This is --
Mr. Bryant: No, no. Mine being cut today.
Chair Hardemon: -- but this is the thing about it: In that area, what's happening is
-- I'll give you an example. The lot where the body was found, next door to it -- well,
next lot to it, the grass was still overgrown. So the grass behind the house --
literally, so someone would go out and they will say, "I'm going to do what I was told
to do. I was told to cut this lot; not that lot. " So the lot next door to it is still
overgrown, so now we have to bring someone else out to cut that lot. And then --
and when you standing at that lot, you can see the lot where the other guy almost
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drove into the house that was overdosed on drugs; almost drove into the house, the
one that's on the north side of those major lots where those other houses are, and ran
into the fence over there; then you had to address that lot. So, what we probably
need is a direction from this Commission to cut -- because what's happening is, this
system of two weeks --
Commissioner Gort: 30 days.
Chair Hardemon: -- is not working. Right, 30 days.
Commissioner Gort: 30 days.
Chair Hardemon: Its not working. We need to go out there and cut those lots. If
there are lots that are overgrown in Overtown -- I don't care who owns them -- we
need to cut them. If you need money, we have money. We can cut the lots. Cut all of
the lots. If you're there and you see an overgrown lot, let's cut it. Vice Chairman.
Vice Chair Russell: Mr. Chair, if I could invite Eli Gutierrez to explain the process
of which we cite lots, and how long it takes in our current process to then go in and
cut and fine or lien, so that we can understand what changes may need to be made
from a legislative or procedural basis to improve the situation.
Eli Gutierrez: Thank you, Mr. Vice Chairman. For the record, Eli Gutierrez, City of
Miami Code director. The process for cutting lots would begin with a notice of
violation, and give the property owner 10 days to come into compliance. Once he
has not come into compliance, we then send a package to our City contractors,
which we have three of now, and they have 72 hours to cut the lot. Currently,
driving the City, we have tons of lots that are overgrown. Because of this, I've gotten
with the Procurement Department, and we're in the process of hiring more
contractors, because for three, it's almost impossible to handle the whole City. If
anything, if it was up to me, I would -- I'd try to get at least five per district, but we're
trying to get more. And the address of Mr. --
Mr. Bryant: Bryant.
Mr. Gutierrez: -- Bryant, 1425, that's a tricky one. In that huge lot, there's eight
different owners. That's the challenge that we have on that one in particular. We
have to literally cite eight different people, and some cut it; some don't; when they
don't, that's when we have to act. I remember this lot, because when I drove by it
myself, I said, "This is ridiculous. It shouldn't be this overgrown. " So that's the
process. The most --
Mr. Bryant: But that's incorrect, sir.
Chair Hardemon: So we --
Mr. Gutierrez: -- important thing, we're trying to get more contractors, Mr. Chair.
Chair Hardemon: -- understand the process. We understand it, because it's about
having accountability so that we can pass on that cost to the owner of the lot, but
what I'm saying to you is that we need to start from zero, start from scratch, and just
clean up that whole neighborhood. This -- if we can pull this back up. What you're
looking at -- and you can utilize this one, this park right here. This is the lot that's
directly across from Jefferson Reaves. Jefferson Reaves is a clinic that's in
Overtown, so this is a clinic that people go to for healthcare. Across the street --
directly across the street from Jefferson Reaves, and to the west of it and to the east
of it are also homes, so what you'll see, this little encampment is next to someone's
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home. The front part of the lot will be -- is cut, but then the tree and the overgrowth
is there. Can you scroll up, please? This is what you see inside of that overgrowth -
- overgrown lot that is directly across the street from Jefferson Reaves. Just keep
going up. This is what was described as a home, when I described it as an
apartment. Please keep scrolling up; don't stop. Hold up. Stop right here. Ms.
Belinda, what is the aluminum foil usually used for?
Ms. Faye -Dickson: The aluminum foil --
Chair Hardemon: Can you speak into the mike?
Ms. Faye -Dickson: Yes. Berlinda Faye -Dickson, Overtown/Oversight Board,
appointed by the Commissioner. The aluminum foil is used -- they put the crack on
it, and they put holes in it, and they may use a can, or they may use it to wrap up the
cocaine or the heroine for transport, and then they use a spoon. If they don't have a
spoon, they may use the foil in the water to dilute it. And the word on the street now
is -- I was -- overheard this conversation with two drug addicts as I was trying to
talk to them: "Girl, don't be greedy with the dope; just add the water. You got to
taste it. Because if you don't taste it, `cause you'll be out in one time. Don't be
greedy with the dope. " And I -- all I can think of was, "Lord, I did not need to know
all this. "
Chair Hardemon: Thank you, thank you. Can you continue scrolling up, please?
Pictures are pretty small, but as you can see on -- there's a couch. Continue up. I
know we're waiting on them to get larger, but the couch is -- I mean, it just goes on
and on and on.
Ms. Faye -Dickson: Blankets, battery-operated radios, gas grills, they make cooks.
Chair Hardemon: So this is what's happening next door to someone's house in
Overtown. So --
Ms. Faye -Dickson: The dead body was near my house at Culmer right there. That's
why I run with my service dog, and I used to feed him and -- yeah.
Chair Hardemon: Thank you. We need the help. I mean, there's only but so much
that people could continue to say. They need the help. Commissioner Gort, you had
something? Vice Chairman.
Commissioner Suarez: Thankyou, Mr. --
Commissioner Gort: Maybe, we're going to discuss that nextfight.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Oh, yeah.
Commissioner Suarez: I'm sorry.
Chair Hardemon: Commissioner Suarez, go ahead.
Commissioner Suarez: I'll yield, if --
Vice Chair Russell: Thank you. I wasn't done listening to Mr. Gutierrez, please. So
if-[ understand correctly, once it's found, 10 days, then they're cited. How long until
you send a team in to do the actual cutting?
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Mr. Gutierrez: The contractor has 72 hours to cut it and let us know.
Vice Chair Russell: The contractor. After the 10 days, we cut.
Mr. Gutierrez: Correct.
Vice Chair Russell: So the 10 days and then cut.
Mr. Gutierrez: That is correct.
Vice Chair Russell: Do you treat vacant lots any differently than something with a
house on it?
Mr. Gutierrez: No. They all get the -- afforded a 10 -day window.
Vice Chair Russell: Because I -- you know, I'm picturing that if there's an empty lot,
you've got a situation where you know they're not going to clean it up, not in 10
days, not in 74 hours. This particular lot, if I understand correctly, five children
inherited from parents that died; some live here; some live there. It's going to be
very difficult to roundup and find who's responsible for that grass cutting. What is
the fine that's imposed once we cut their grass for them?
Mr. Gutierrez: Well, the fine imposed for them is based on what the contractor
charges us to cut for that lot. Once we have the amount that the contractor is going
to charge us, that's the lien that we put on the property for the amount.
Vice Chair Russell: What would be an average, 5, 000 -square -foot lot? Just round
numbers.
Mr. Gutierrez: It could be anywhere from 500 to a thousand dollars.
Vice Chair Russell: Per cut?
Mr. Gutierrez: Um -hum.
Chair Hardemon: Because some -- if you have this -- if you have --
Ms. Mendez: It depends --
Chair Hardemon: -- furniture on it.
Ms. Mendez: -- if you have haul away garbage, so it could be a 150 -- $200, the cut,
but if you have to haul away all that stuff, it's like a thousand dollars.
Vice Chair Russell: Right. Now, realistically -- and we had brought an item
regarding this in the West Grove as well; that it happened before, where people
game the system. They let you do the cut, the fines add up; it adds up, and some
people have 20,000, $30, 000 worth of these liens basically that stack up until they
sell the property, and then it's mitigated, or they talk their way out of it; a lot of it,
right?
Mr. Gutierrez: Except for the actual -- the cost that our contractor charges, that is
not mitigated. That's an actual assessment lien that needs to be paid.
Vice Chair Russell: That needs to be paid.
Mr. Gutierrez: Correct. If they go to board and they get a running fine --
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Vice Chair Russell: (UNINTELLIGIBLE) fines.
Mr. Gutierrez: --for example, that's different; you can mitigate that, but the actual
cost that the contractor charges, that is not mitigated, ever.
Vice Chair Russell: So we came up with like a "Three Strikes" rule at that one
meeting.
Mr. Gutierrez: Correct.
Vice Chair Russell: It says --
Commissioner Gort: We did.
Vice Chair Russell: -- if someone's a repeat offender --
Commissioner Gort: We did.
Vice Chair Russell: -- that we escalate that.
Mr. Gutierrez: And this particular one has been cited twice in a year, because
they've complied. So now, the third time would be a third strike; take them to board;
go with the running fine process, and that's when we would go there.
Ms. Mendez: Just to be clear on the -- on these types of lot clearings, they usually
never went to Code Enforcement Board, because we would either do a lot clearing
or a ticketing process, and the tickets would mount up. So now, this Commission,
based on Carollo's request, we're doing a three -strikes -type situation to bring it to
Code Enforcement Board so that the fines can mount up, and we could get the
property owner's attention. And I believe that Commissioner Suarez has another
idea with regard to these lots that he wants to discuss.
Commissioner Suarez: No. I just -- I had a discussion item as well, because this is
something that obviously is happening in all of our districts. And I thought the
question that you asked, Vice Chair, was the right question. I think the first thing
you start off by asking is, "If we're a Commissioner and we get a complaint, who do
we notes?" Do we notify you? Do we notify our Solid Waste director? Do we notes
our Public Works director? So the first question is, "Who do we notes?"
Mr. Gutierrez: Overgrown lots on private property, Commissioner, would be my
office.
Commissioner Suarez: Okay. So you're the person that we notify, and then from --
you're going to be handling it from "A" to "Z " being the actual cut?
Mr. Gutierrez: Correct. As long as it -- and by the way, as long as the lot is
accessible, if there's no fence around it. That's key. Because when something's
fenced up, we can't get in there to cut.
Commissioner Suarez: You cannot get in there to cut.
Mr. Gutierrez: We cannot.
Commissioner Suarez: That was not my understanding.
Ms. Mendez: It -- on average, we do not break lots to get into --
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Chair Hardemon: If there's --
Ms. Mendez: --a property.
Chair Hardenzon: -- if it's locked --
Commissioner Suarez: If it's locked.
Chair Hardenzon: -- and you cannot --
Commissioner Carollo: Correct.
Ms. Mendez: If it's locked.
Mr. Gutierrez: That's what I meant. That's what I meant, Commissioner.
Commissioner Suarez: But if it's -- if you have a fence that's unlocked, you can --
Mr. Gutierrez: And it's open.
Commissioner Suarez: Correct. Well, I mean --
Commissioner Carollo: And --
Commissioner Suarez: -- it doesn't have to be physically open, but you can get into
it, right? You won't cut a chain.
Mr. Gutierrez: Correct.
Commissioner Suarez: Understood.
Mr. Gutierrez: No, that's correct.
Commissioner Suarez: Got it.
Chair Hardemon: But for health, safety and welfare, you should be able to cut a
chain.
Commissioner Suarez: I think you should, too.
Chair Hardemon: Yeah.
Vice Chair Russell: Me, too.
Commissioner Suarez: I think you should.
Ms. Mendez: And that was the caveat; that if we need to, we will figure out a way to
be able to get in.
Commissioner Suarez: But let me just -- did you want to jump in on something or --?
Okay. So I think what's important for me, as a Commissioner, and probably for all
the other ones, is that when you refer a case, like Mr. Bryant's case, the clock should
start --from an accountability perspective, this thing should be done in no more than
13 days from the date that the complaint was --
Commissioner Carollo: Received.
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Commissioner Suarez: -- referred, right? Maybe 14 days, because maybe it takes a
day to cite the property; it takes 10 days and 72 hours at the latest. Respectfully,
there's no -- we've had these three contractors for a long time. We've been repeating
this issue over and over and over and over again for months, if not years. Guys, we
got -- that's something that -- we cannot be limited by ourselves. In other words, we
cannot be limited by bottlenecks that are of our own creation. There is a million
companies in Dade County that would love nothing more than to cut a grass for 150
or $200. Guess what? My grass, I cut it in my house for $35. So if somebody's
cutting it for 150, $200, they're making a lot of money, a lot of money, okay? The
"Three Strike" rule is a good rule, because what happens is even with special
assessments, which are monies that we spend, which we do not mitigate, which is
important, but regardless, if we're cutting somebody's grass every two weeks,
because we keep going out there every two weeks or every three weeks, you know,
that fine is going to mount up, even if it's a special assessment fine, beyond the value
of the property at some point; and no matter how much we want to collect a special
assessment fine, we're never going to get somebody to pay more than what the
property's worth. That's never going to happen. That's "Real Estate 101. " So there
is no excuse for us -- there's no excuse, none, for us not having sufficient contractors
to do this. No excuse. That should never be an excuse. If we need five per district,
we should have five per district. That should never be an excuse. I mean, that, to
me, is where the ball has been dropped on this issue. And, you know, I think, you
know, that's something we need to remedy immediately, because what I think we all
want up here is accountability. We want to know that when we do "X" -- like, for
example, you know, a garbage can. When -- you know, Mr. Nunez is always very
good. Whenever somebody calls and says, "We have a broken garbage can, " it's
usually replaced within 24 to 48 hours of when the complaint is referred. There
needs to be accountability. We need to know -- I think he can handle -- Mr. Bryant
could handle -- if we told him, "Listen, it takes us 14 days, because this is the
process; and then it gets done on day 14 or day 11 or day 12, he can handle that. I
think anybody can handle that, because that's a reasonable amount of time. But for
us to be continually -- and I've got -- the reason why I had it on as a discussion item
is because I got five or six or seven in my district. You know what I mean? It can't
take a month. It can't take two months or three months. That defeats the purpose.
You know, we had a resident in District 2 that was irate. You have them, too. I
mean, it's a continual problem, but the bottleneck cannot be that we haven't procured
enough people to cut grass.
Chair Hardemon: And, Commissioner, I will say this: In my district, what I've done
to skirt around this type of issue is that we give a grant to the Greater Miami Service
Corps.
Commissioner Suarez: Which is great. That's awesome.
Chair Hardemon: And what they do --
Commissioner Suarez: Let's do that.
Chair Hardemon: -- at the Greater Miami Service Corps is that they cut lots
immediately. So if there's a concern --
Commissioner Suarez: That's a great idea.
Chair Hardemon: -- they -- if there is a certain lot, they go in and they cut those lots
to ensure that the community stays beautiful, so now we --
Commissioner Suarez: That's a great idea.
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Chair Hardemon: -- don't have residents that live next door to vacant houses that
the grass is overgrown, and they're waiting on the City to start this process over and
over and over again. So they go in, they cut the lots to ensure that the property is
kept, and then leave the City to the bigger issues, but --
Commissioner Suarez: That's a great idea.
Chair Hardenzon: -- there are a lot of -- these are big issues, and these big issues
need to be addressed. I mean, we know that in Overtown that we had encampments
like this on City -owned property, you know. That should never, ever, ever be.
Commissioner Suarez: And can I just --
Chair Hardemon: Yes.
Commissioner Suarez: -- real quick? Because moving somebody from a lot is not a
Pottinger issue, okay? I don't believe.
Commissioner Gort: Private property.
Commissioner Suarez: Huh?
Commissioner Gort: Private property?
Commissioner Suarez: Exactly. It's private property.
Commissioner Gort: No trespassing.
Commissioner Suarez: And you can't say that the person is a squatter, so it's not
landlord/tenant issues, because you can't live in -- you know, you'd have to live in a
Code -compliant structure to be a squatter. In other words, if you're squatting on
somebody's land, you got to be -- you have to have basically broken into their home,
and then somehow produced a lease that says that you're -- you know, people make
up these fictitious leases. That's how squatters get three, four, five, six months in a
property, because they're gaming the system. Right? But if you're in an
encampment, you're not a squatter; you're not living in a Code -compliant home to be
able to say, "I'm a tenant. " You're not. You're just a trespasser. You're trespassing.
So there has to be a way for us -- I'm not saying that, you know, if you're homeless,
you have certain rights; and, obviously, Pottinger describes what those rights are,
and they're very, you know, specific.
Chair Hardemon: And the City is doing a lot to help address homelessness,
especially in the Overtown area.
Commissioner Suarez: We are.
Chair Hardemon: The Overtown area is --
Commissioner Suarez: We are.
Chair Hardemon: -- virtually the hub for --
Commissioner Suarez: We are.
Chair Hardemon: -- homeless assistance in the City of Miami. We have probably
seven homeless facilities that are there, including our latest, which is Camillus
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House, which is a beautiful facility, and that's going to expand. So this issue is very
real, though. As you can see, it has grave concerns.
PA.2 PERSONAL APPEARANCE
1087 PERSONAL APPEARANCE BY REVERAN LINCOLN AND
BERLINDA FAYE DIXON TO ADDRESS ISSUES IN OVERTOWN.
RESULT: PRESENTED
Chair Hardemon: So, what I'd like to do is, Ms. Dixon, I know you have your PA
item. Can you please do your PA item within your five minutes so that we can
address the rest of the agenda?
Berlinda Faye -Dixon: I would -- Berlinda Faye -Dixon, 1128 Northwest 7th Avenue,
Apartment 401, Miami, Florida; appointed to the Oversight Board; community
activist and organizer; board chair of SMASH the Slum Boards; SMASH, the
Struggle for Miami's Affordable and Sustainable Housing. I just wanted to take a
couple of minutes of your time and just address a couple of things. I want to say,
good morning, Commissioners, and I thank you so much for really helping my
community. I have performed CPR (Cardiopulmonary Resuscitation) five times; I'm
tired. I started a -- "Everything A "' meeting at Trinity CME (Christian Methodist
Episcopal) Church on 4th Street, right by Lummus Park, at 7:30 a.m., on Sundays,
and then we have a soul food breakfast at 8:30, so I'm spreading the word and trying
to reach everybody I can. During-- right when Hurricane Matthew, right before the
shelters opened, I just wanted to let you know that I was in touch with Booker T.
Washington principal, making sure --find out what time Red Cross would be there. I
was going street by street in the traps, letting the mothers know that if the power
went out -- because we were expecting major wide power outage -- that if your child
is on a machine or a nebulizer -- like I use a nebulizer; because I have a lung
condition from my hazards of being a nurse -- that it's okay to come out the trap and
get -- bring your child to get that treatment, and then to go back to the trap; don't be
scared. Do what you need to do for your child, if you needed power. So I'm all over.
And I'm also part of the City of Miami's Outreach Team in reference to the homeless
stand down that is this Friday, 9 to 5, at Lummus Park. Smash the Slumlords, the
Struggle for Miami's Affordable Housing will be there. I am a case manager with
that. I wanted to just say that I love my community, which is Overtown, and I want
to ask the City for help. I want -- this is -- I may not -- a lot of people may not like
this, but I recognize that the residents of Overtown are suffering from post-traumatic
stress and Stockholm Syndrome, with the repeated vicious cycle of stuff that's
happening with slum and blight, lack of enforcement of the slum and blight laws,
lack of enforcement of the nuisance abatement laws, and this has allowed also the
Code Enforcement Board to not address the proliferation of slum and blight via
slumlords selling the building when the fines have gotten to a certain point, okay, for
cash. The Code releases the fines. It -- the next slumlord buys it, and in the interni
[sic], you have people being evicted for stupid reasons, like I was evicted for an
unauthorized pet, and I have a service dog. And then you have -- me, as a very
intelligent person, I had lawyers helping me write my motions and -- with my
eviction, and the judge then asked me to put $2, 000 in the court when my rent's 550.
My apartment was burned down; I ran in to put it out. I was mishandled by
emergency services. I dealt with that. But when I think about the slumlords and how
they -- and the management companies -- Nadeline (phonetic) Management, Capital
Management, and many others -- how they are the keeper of the gate of the crap, and
they are victimizing the residents of Miami, and a lot of these residents are disabled.
And under Federal Law, with American Disabilities Act, I believe that the City is in
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violation. Fed -- by Federal laws -- and I need a lawyer to help me, so if somebody
wants to volunteer their services, I'm ready. But I believe that the City is in violation
under Federal ADA (American with Disabilities Act) laws in not enforcing the laws
for nuisance abatement and slum and blight, which has allowed it to continue to
victimize the disabled population that is receiving Social Security. So, I would like
the assistance, with the City. How would I pursue accountability? Because we are
talking openly about accountability, and I'm being very honest and open, and I do
believe that you guys want to do solutions, and I want us to close up these loopholes
that these slumlords go through. Right now we have so many properties that if
Matthew would have came [sic] through, there would have been so many buildings
that collapsed, and we have so many buildings in the City of Miami and in Miami -
Dade County that are structurally, Code -wise, condemnable, but we cannot condemn
them. Why? Because there is no place for the people to go. And that's why I had to
do something, being a victim, and start "Smash the Slumlords" my business. I just
wanted -- I have a couple of things here I'm going to show you, but we are building
permanent, affordable housing, via Community Land Trust, that I'm in negotiations
with a football player who has land; that we are going to build permanent container,
affordable housing that is aesthetically pleasing to whatever area is in --
Chair Hardemon: Ms. Dixon.
Ms. Faye -Dixon: -- where a three-bedroom, one bath --
Chair Hardemon: Ms. Dixon, your time has expired.
Ms. Faye -Dixon: -- where -- can I -- and --
Chair Hardemon: No. Listen, hear me out. Your time has expired. I'm going to
have to conclude the public -- I mean, the personal appearance time so that we can
move into our public comment, because we have to move this meeting along. We
don't have much time --
Ms. Faye -Dixon: May I just finish my sentence, please?
Chair Hardemon: Yeah, you can finish your sentence. Yes.
Ms. Faye -Dixon: Thank you. -- where a three-bedroom, one bath beautiful
container home will cost $600 a month; principal insurance and taxes via
Community Land Trust. I'm working with the CRA and (UNINTELLIGIBLE) to
create this mortgage product and -- because I know these buildings are going to
start collapsing. They already are. And I want --
Chair Hardemon: Thank you.
Ms. Faye -Dixon: -- to thank you for your time. Also, I want to say that I've been
working with Mark (UNINTELLIGIBLE), ADA experts. He's counseling. I will be
asking him to email you. He is the foremost authority on ADA; head of the DOJ
(Department of Justice) for 15 years --
Chair Hardemon: Thank you very much.
Ms. Faye -Dixon: -- and he's my personal trainer to that.
Chair Hardemon: Thank you very much, Ms. Dixon. Thank you.
Ms. Faye -Dixon: So who will get back to me, in what amount of time in reference to
how to help me investigate how I believe that the City is --?
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Chair Hardemon: You can -- someone from the Administration or from our City
Attorney's Office will come to you before the meeting ends.
Ms. Faye -Dixon: Okay, thankyou so much.
Chair Hardemon: Thank you very much.
END OF PERSONAL APPEARANCES
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0001:3ILos: IMWNIki[4-1
PHA RESOLUTION
1042 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
Commissioners FIFTHS (4/5THS) VOTE, CODESIGNATING SOUTHWEST 16TH
STREET FROM SOUTHWEST 32ND AVENUE TO SOUTHWEST
and Mayor 37TH AVENUE, MIAMI, FLORIDA, AS "ARTHUR H. HERTZ WAY;"
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
ENACTMENT NUMBER: R-16-0473
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PH 1, please
see "Public Comment for Regular Item (s). "
Chair Hardemon.- The PH (public hearing) items, all of them are a four-fifths bid
waiver, so if there is a motion to approve item PH 1 --
Commissioner Suarez: So moved.
Chair Hardemon.- -- 3, 4, S, 6, 7, and 8 --
Commissioner Gort: Second.
Chair Hardemon.- -- I will accept -- it's been properly moved and the Chair will
second it. Is there any discussion about any of those items?
Vice Chair Russell: I would like to discuss very briefly PH 7.
Chair Hardemon.- Go ahead, please.
Vice Chair Russell: Just to bring attention, this is related to the 300,000 that we
approved in the budget with emergency shelter assistance for the people that will be
displaced in Grand Avenue very soon. I'm allocating the bulk of my anti poverty
funds to kick-start this through the Coconut Grove Collaborative, and I believe that
they are the right partner to help. Mr. Jones, who spoke earlier, is looking for that
exact assistance. Now we have it, and we have a vehicle through which to deliver it,
and I look for your support on that.
Chair Hardemon.- No problem. Any further discussion?
Victoria Mendez (City Attorney): Chairman, and briefly -- I'm sorry -- for PH. 8, I
just wanted to clam that the agreement that you have is a little skeletal, and we're
just going to make sure that indemnities and maintenance and the design is included
in that agreement. So thank you.
City of Miami Page 26 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
Chair Hardemon: Okay. Any further discussion? Seeing none, all in favor, say
aye. Py
The Commission (Collectively): Aye.
Chair Hardenzon: The motion passes unanimously.
Todd B. Hannon (City Clerk): For the record, the -- PH.8 was amended.
Commissioner Suarez: That's right.
........ ......... .........
MOTION TO:
Chair Hardemon: Right.
PH.2
RESOLUTION
1043
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS,
PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE
OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM
ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT
UP TO $50,000.00, FOR HIGHER EDUCATION SCHOLARSHIPS
TO RESIDENTS OF DISTRICT 5 OF THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
ENACTMENT NUMBER: R-16-0514
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Defer
RESULT:
DEFERRED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
City of Miami Page 27 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
PH.3
RESOLUTION
1044
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
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 ANTI -POVERTY INITIATIVE PROGRAM
ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT
UP TO $50,000.00 TO TEENS EXERCISING EXTRAORDINARY
SUCCESS, INC.; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
EFFECTUATE SAID PROGRAM, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
ENACTMENT NUMBER: R-16-0474
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
PHA RESOLUTION
1046 A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING
Commissioners GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF
and Mayor MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL
AMOUNT NOT TO EXCEED $50,000.00, TO THE LIBERTY CITY
COMMUNITY REVITALIZATION TRUST FOR THE YOUTH
EMPLOYMENT PROGRAM.
ENACTMENT NUMBER: R-16-0475
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PK 4, please
see "Public Comment for Regular Item (s). "
City of Miami Page 28 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
PH.5
RESOLUTION
1047
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
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, ACCOUNT NO. 15500.112000.882000, IN A TOTAL
AMOUNT UP TO $100,000.00, TO DYNAMIC COMMUNITY
DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT
CORPORATION ("DCDC"), FOR FAQADE IMPROVEMENTS TO
HOMES OF QUALIFYING ELDERLY DISTRICT 5 RESIDENTS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A GRANT AGREEMENT WITH DCDC, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-16-0476
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PK5, please
see "Public Comment for Regular Item (s). "
PH.6
RESOLUTION
1056
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE NEGOTIATION METHODS AND
PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS,
PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE
ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE
OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE
PROGRAM ACCOUNT NO. 00001.98000.882000.0000.00000, IN A
TOTAL AMOUNT NOT TO EXCEED $5,000.00, TO ARTISTIC
AWAKENINGS, INC., A NOT FOR PROFIT CORPORATION, TO
OPERATE THE DOROTHY QUINTANA SENIOR ARTS PROGRAM;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
ENACTMENT NUMBER: R-16-0477
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City Commission Meeting Minutes October 13, 2016
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PK 6, please
see "Public Commentfor Regular Item (s). "
PH.7
RESOLUTION
1062
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
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 2 SHARE
OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM
ACCOUNT NO. 00001.98000.882000.0000.00000, IN AN AMOUNT
NOT TO EXCEED $50,000.00, TO COLLABORATIVE
DEVELOPMENT CORPORATION, A LOCAL NOT FOR PROFIT
CORPORATION, FOR EMERGENCY SHELTER ASSISTANCE TO
RESIDENTS OF DISTRICT 2 OF THE CITY OF MIAMI;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE
PROGRAM.
ENACTMENT NUMBER: R-16-0478
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PK 7, please
see "Public Commentfor Regular Item (s). "
City of Miami Page 30 Printed on 11/15/2016
City Commission Meeting Minutes October 13, 2016
PH.8
RESOLUTION
1026
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Commissioners
ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE
and Mayor
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
AYES:
APPROVING AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDING, PURSUANT TO
SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE
OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR PURPOSES
OF DONATING $85,000.00 ("GIFT") TO BE USED, SOLELY AND
EXCLUSIVELY, FOR TOURISM KIOSKS ("KIOSKS") ON GRAND
AVENUE IN COCONUT GROVE FOR THE GRAND AVENUE
KIOSK PROJECT ('PROJECT"); FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE A GIFT AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE COLLABORATIVE DEVELOPMENT
CORPORATION F/K/A COCONUT GROVE COLLABORATIVE, INC.
("CDC'), IN SUBSTANTIALLY THE ATTACHED FORM,
PROVIDING THAT CDC PURCHASES AND FULLY INSTALLS THE
KIOSKS WITHIN ONE (1) YEAR FROM THE DATE OF
EXECUTION, OTHERWISE PROVIDING THAT CDC WILL
PROMPTLY RETURN THE FULL AMOUNT OF THE GIFT TO THE
CITY.
ENACTMENT NUMBER: R-16-0479
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Keon Hardemon, Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item PH. 8, please
see "Public Comment for Regular Item (s). "
END OF PUBLIC HEARINGS
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4iv, e4iv, l4:it]4ki[WK91N311ki/elkiIN*?
(Note: This item is being presented as an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, welfare, or property of the
public and the City of Miami, and upon further grounds of the necessity to make the
required and necessary payments to its employees and officers, payment of its debts,
necessary and required purchases of goods and supplies and to generally carry on the
functions and duties of municipal affairs).
EMA
ORDINANCE Emergency Ordinance
1138
(4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI
Commissioners
CITY COMMISSION AMENDING CHAPTER 10 OF THE CODE OF
and Mayor
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
"BUILDINGS",
ENTITLED MORE PARTICULARLY BY CREATING
ARTICLE IX, ENTITLED "FENCE REQUIREMENTS FOR
OVERTOWN", MANDATING THAT OWNERS OF ALL VACANT
LOTS WITHIN THE BOUNDARIES OF OVERTOWN INSTALL
FENCING AROUND THE PROPERTY AND PLACE "NO
TRESPASSING" SIGNAGE; MANDATING THAT THE CITY OF
MIAMI PROCESS SAID FENCE PERMITS UNDER THIS ARTICLE
WITHIN THREE (3) DAYS AT NO COST TO THE PROPERTY
OWNER; PROVIDING FOR ENHANCED DAILY FINES FOR
PROPERTY OWNERS THAT FAIL TO FENCE A PROPERTY
WITHIN FORTY-FIVE (45) DAYS OF THE EFFECTIVE DATE OF
THIS ORDINANCE; PROVIDING A SUNSET PROVISION;
CREATING DEFINITIONS, PENALTIES AND ENFORCEMENT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13637
MOTION TO: Adopt as an Emergency Measure with Modification(s)
RESULT: ADOPTED AS AN EMERGENCY MEASURE WITH
MODIFICATION(S)
MOVER: Francis Suarez, Commissioner
SECONDER: Keon Hardemon, Chair
AYES: Hardemon, Russell, Gort, Carollo, Suarez
Note for the record. Item EM.1 passed as an Emergency Ordinance with two roll
calls.
Chair Hardemon: And so what we did was we scheduled this emergency ordinance
to be had. So I'll describe the ordinance. This is the emergency ordinance of the
Miami City Commission, amending Chapter 10 of the Code of the City of Miami, as
amended, City Code, entitled "Buildings;" more particularly by creating Article 9,
entitled "Fence Requirements for Overtown, " mandating that owners of all vacant
lots within the boundaries of Overtown install fencing around the property and place
no trespassing signage mandated in the City -- that the City of Miami process, said
fence requirements under this Article within three days, at no cost to the property
owners; providing for enhanced daily fines for property owners that fail to fence
their property within 45 days of the effective date of this ordinance; providing a
sunset provision; creating definitions, penalties, enforcements; and containing a
severability clause and providing for an immediately effective date. And so,
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City Commission Meeting Minutes October 13, 2016
basically, what this does is it says that, first, within 45 days of notice, you must have
a fence around those vacant lots that are in Overtown, and the administrative cost
for permitting those fences will be waived for anyone who would be applying for a
fence permit within the City of Miami in that area; furthermore, that the fence
permit, through the City of Miami, must be given in, at most, three days, so we need
to expedite the fence permits for that area. And then, as you read throughout the
"whereas" clauses, it talks about a lot of the issues that they're having in Overtown,
but more importantly, the legislation describes that the City of Miami shall have the
"no trespassing" signs and access to these lots; reason being, so that we can go in
and we can maintain those -- well, ensure that the lots are safe, and we have access
to them. And the point of this is that now people would be -- shouldn't be hiding in
the corners or in the overgrown areas of these lots, or in the lots themselves, because
this lot that Mr. Bryant lived next door to, they were within two feet of the public
sidewalk. And so, we don't want these types of things happening over and over and
over again. So, if you're going to use drugs in the Overtown area, you're going to do
it right on the public right-of-way. And so there shouldn't be any excuses from any
person that's tasked with going in to assist people who are overdosing on drugs
about, "Well, I couldn't see them. They weren't visible. They were too far in the
foliage "; all those different things of that nature. It shouldn't be any excuse. And so,
as Chair, I would ask that the --
Commissioner Gort: Move it.
Chair Hardemon: Do we have a motion? It's been properly moved.
Commissioner Suarez: I'll second it for discussion.
Chair Hardemon: It's been seconded. It's been properly moved by Commissioner
Suarez [sic] and the Chair seconds. You're recognized, sir.
Commissioner Suarez: Thank you. Couple of things. One, on the liability section, I
-- just looking at this for the first time. I would, after the word "squatters, " put a
backslash, "trespasser. " As a real estate lawyer, "squatters" is a term of art, and it
implies that somebody could either try to create rights for themselves or maybe has
some rights. So I would really sort of make that as a squatter/trespasser, because
that's --it's really a trespasser. If the person is on a property without --
Commissioner Gort: You're right.
Commissioner Suarez: -- right, they're really a trespasser, so I would make that
modification.
Chair Hardemon: Is that --
Commissioner Suarez: It's Section 10-133 under "liability. " Where it says, "remove
squatters, " I would put "remove squatters/trespasser. "
Ms. Mendez: Could we just place "unauthorized persons" --
Commissioner Suarez: That's fine.
Ms. Mendez: -- and then -- and take out "squatters" --
Commissioner Suarez: That's fine.
Ms. Mendez: -- and "trespassers? "
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City Commission Meeting Minutes October 13, 2016
Chair Hardemon: Yeah.
Commissioner Suarez: That's fine.
Ms. Mendez: Okay, thank you.
Commissioner Suarez: That's fine, because some people don't like to call them
"trespassers, " for some reason. I don't know why. But "unauthorized person"
sounds fine. There was something else.
Chair Hardemon: The seconder agrees.
Commissioner Suarez: I'm sorry?
Chair Hardemon: No. I was saying, "The seconder agrees. "
Commissioner Suarez: Yeah. The second thing I would consider -- and the City
Attorney is going to grimace when I say this, because I know her. I've known her for
a long time, and I think she's going to grimace when I say this, because she always
wants to protect us from liability, and this will create potential litigation, but it might
be litigation worth having, particularly if we're confining it to a certain area, and we
could say that this is like a pilot program. You okay? The --what we could consider
is the special assessment law obviously allows us to do certain things to people's
property, right? One of which is cutting the grass; and if we cut the grass, we can
lien the property as a special assessment. Special assessment liens are important to
understand, because they supersede a mortgage. They're not like a Code
Enforcement lien, which are the ones that always get mitigated, that are -- you know,
that are almost worthless. We should consider, if the person doesn't fence the
property, potentially fencing the property for the person. And that is a -- that is an
improvement to the property that we can charge, just like we demo a property when
a property's unsafe. We cut a grass -- So, we could, theoretically, go in there and
fence the property and charge the owner, because it's a health/safety issue, and it
needs to -- you know, the property needs to be -- you know, the risk that we're taking
is we might get sued by a property owner that says, I didn't want you to fence my
property. I didn't want you to charge me. " And then we litigate that issue, and that
issue will be litigated, and it'll be interpreted by a court as to whether our
interpretation of "special assessments" can include -- and I believe it could --fencing
a property on behalf of an owner. I think it could, because it's a health/safety issue,
particularly given the Fentanyl, heroin crisis that we're experiencing right now. I
think it'd be very defensible in court, and it's confined to an area.
Commissioner Gort: I accept the amendment.
Ms. Mendez: Because I know Commissioner Suarez so well, also, and at the top it
says, `Any other remedies available at law or in equity, including injunctive relief in
circuit court, " in there, we can -- it was supposed to encompass all those things
about special assessments and stuff, but since you're bringing it up on the record --
it's on the top of page three, the very first line --
Commissioner Suarez: No. I --
Ms. Mendez: -- we can add "special assessment" in there as well.
Commissioner Suarez: I agree, but I think -- but I -- what I m getting at is a little bit
more robust than that, which is that if, in a certain period of time, they do not fence
the property, we have the right to fence the property ourselves and charge the owner.
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Ms. Mendez: Got it.
Commissioner Suarez: Okay? And that should be in the -- because, listen, this is
public record. They realize that if they don't do it, they're going to get fined, but the
fine -- again, this -- these fines -- this $500 fine, this is that Code Enforcement fine
that you were talking about, where it goes 500 a day; and in a month, it's 500 times
30; and in two months, it's 500 times 60; it's -- and then they come in and they
mitigate for a fraction of the money, and they walk away when they sell the property.
What I'm talking about is, we fence the property, because there is a Fentanyl, heroin
crisis, okay, and we charge them a thousand dollars, two -- whatever it cost us, we
charge them for it. They want to sue us, go for it.
Ms. Mendez: How many days? The same time, 45 days? Because we could put that
in the --
Commissioner Suarez: If they don't get a permit in -- I don't know. Mr. Chair, it's --
you want to -- what do you think is a reasonable amount of time?
Chair Hardemon: Well, the -- in the ordinance, it says that if property owners fail to
fence their property within 45 days of this -- of the effective date of this ordinance,
then the penalties will start to accrue.
Commissioner Suarez: Right.
Ms. Mendez: So about the same -- we could do the same amount of time; choose to
fence it in 45 days, if they don't do it.
Chair Hardemon: No. I would say, you probably would double the amount of days,
so from 45 to --
Ms. Mendez: 90?
Chair Hardemon: -- 90 days --
Ms. Mendez: Okay.
Chair Hardemon: -- before we start to do something.
Commissioner Gort: Three months.
Ms. Mendez: We'll make that --
Commissioner Gort: Three months.
Vice Chair Russell: 90 days.
Chair Hardemon: Yes.
Vice Chair Russell: Three months.
Chair Hardemon: Before the City has to go in and actually do it.
Commissioner Suarez: Right. That's fine. I think --
Chair Hardemon: I will accept that as a friendly amendment. Vice Chairman.
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Vice Chair Russell: Thank you. Legal question, Madam City Attorney: If we -- can
we require them to keep a gate that we have access to if they're building the fence on
their property?
Ms. Mendez: So what we did in Section 10-132, in that section we put, "The City
shall also require access to the vacant lot for public safety purposes. " And there
we're requiring that they either give us a lock, a universal lock or access. The
Administration, I think, is still trying to figure out what would be a better -- just
administrative way to keep track of all these keys and things, but we are requiring
them to give us some type of access.
Vice Chair Russell: I would imagine, logistically, we would need to supply the lock
with a skeleton key that works for all of them, basically, if we want to have access.
Ms. Mendez: And that's what they're trying to figure out.
Vice Chair Russell: Because if -- you know, we're -- obviously, by cutting off our
own access, we then won't have the ability to remedy the Code enforcement issues
with grass and things like that. And so, legally, we can require them, if they're
building the fence, to let us in?
Ms. Mendez: Due to the public safety issues that we have been experiencing, yes
Vice Chair Russell: So what about all of the lots that currently have fences that have
locks that we can't get in; can we do the same for them?
Ms. Mendez: That may be a little more attenuated, but we will definitely look into
that. The issue here is that the -- and why it's passing by emergency ordinance -- is
that the Chairman has articulated, you know, there have been deaths --
Vice Chair Russell: Yes
Ms. Mendez: -- there is serious, you know, public safety issues and concerns that
are occurring. By this, it's not just aesthetic; it is a public safety issue. And for these
reasons, under this ordinance, we can ask for access, but it can't be something that
we can just say, every -- you know, every gate in the City, give us a key. So for right
now, for these purposes, yes.
Vice Chair Russell: The reason I ask is that I noticed in one of the photos with one
of the bodies -- I think the second one you mentioned -- it looks like there is a fence
around that property.
Chair Hardemon: No, that's the --which --
Ms. Mendez: That --
Chair Hardemon: --you're talking about the one that's near the Metrorail Station?
Commissioner Gort: Metrorail Station.
Chair Hardemon: It's not-- it's open access. It's like on the backside. You want to
describe it, Ms. Berlinda?
Ms. Faye -Dixon: Yes. I live at St. Martin's Place, 7th Avenue and 12th Street, and
direct -- right next to the Culmer Train Station, where that body is. Behind that we
have a street, and then we have a senior building. And there's a walkway that they
created, like a little mini -- a nice aesthetic walkway for the seniors to cut through
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that side to get to Winn Dixie, so it's a quick cut -through for the seniors through the
neighborhood. It's really pretty. And so, yeah.
Chair Hardemon: So it's not that it's fenced off where they don't have access to it.
Ms. Faye -Dixon: That fence right there, that's the wall; and the train is there, and
the fence there to -- (UNINTELLIGIBLE) sidewalk to --
Chair Hardemon: Yes.
Ms. Faye -Dixon: --opening (UNINTELLIGIBLE).
Chair Hardemon: You got to stay in the mike. Stay at the mike.
Ms. Faye -Dixon: (UNINTELLIGIBLE) sorry.
Chair Hardemon: No, that's okay, but thank you. Commissioner Gort.
Commissioner Gort: Look, I'm going to go back a few years, and that's where the
NET (Neighborhood Enhancement Team) Office and Code Enforcement work as a
team. The NET Office should be aware of every lot within the district that needs to
have something done, and this is where Code Enforcement have to work with them
and coordinate with them to make sure that -- you're the one that can be the key
keepers.
Chair Hardemon: Right.
Commissioner Gort: So this is something that we should be looking back to the way
it used to be.
Vice Chair Russell: Mr. Chairman, is there a height requirement on the fences?
Chair Hardemon: The typical requirements of the City. I think they're at least four
feet. Yeah.
Commissioner Gort: No. Yeah.
Chair Hardemon: It needs to be --
Commissioner Gort: (UNINTELLIGIBLE).
Chair Hardemon: See, once you have the fence there, now -- the issues that police
have with people who own vacant lots is notice of no trespassing, so you may have a
lot that has a notice on each side of the lot, but you -- really, someone can argue,
"Well, I didn't see it. Its dark outside; there are no lights on the property. I came
over here. I didn't see it from there. So I didn't have a proper notice. " Where here,
you have a fence, which gives you notice that you should stay out; and then the "no
trespassing" sign, which gives the police the authority to trespass [sic] anyone that's
on that property; and so that way, we can keep people from actually going into the
fences. I mean, because what's happening also on those vacant properties -- for
instance, that would be east of you, Mr. Bryant, on -- east of 2nd Avenue, and south
of you -- so this will be south of --
Ms. Faye -Dixon: (UNINTELLIGIBLE).
Chair Hardemon: -- well, south of -- what is it? South -- I would say south of 14th
Street.
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Ms. Faye -Dixon: Yeah, 1401.
Chair Hardemon: You have drug dealers, they sit in the vacant lots. So there are
some trees, and you'll see them in the middle of the vacant lot, and they actually
conduct their business from that area. So what you're doing is keeping a lot of
different things from happening --
Commissioner Gort: That's right.
Chair Hardemon: --just within these vacant properties.
Mr. Bryant: Prevention.
Ms. Faye -Dixon: Yeah.
Chair Hardemon: And when you force the drug dealers to actually -- you know,
people say they stand on the corner. Yeah, they do stand on the corner, but now -- I
mean, these people are sitting literally in the middle of the lots, and they organize
themselves in order to sell their product. So it helps to address all those different
issues, because now they're on notice now that you can't be inside of these different
properties.
Ms. Faye -Dixon: In reference --
Chair Hardemon: I'm going to open up for public hearing, if you give me a moment,
okay? Okay, so now, as an emergency ordinance, this ordinance needs to be read
into the record twice. And so, what we're going to do is we're going to open this up
for public hearing, but then -- and then we're going to vote, pass it, and then --
hopefully pass it -- and then we're going to read it into the record again, and then
have us vote again once more to pass it. So I'll open up for public hearing at this
time. You're recognized, ma'am.
Renita Holmes: Yes. Madam Holmes, Wave of Women, and also on behalf of Our
Home Business and Property Services. And just a little bit of insight. I live right
around the corner; have been one of those who have an album that you can see it on
YouTube and Madam Holmes regarding the "Fence No Death. " And recognizing
where these lots are located, that a majority of them are on FDOTs (Florida
Department of Transportation). There are FDOT signs. There have been an
average of three to four bodies picked up a day, all within a three -to -four block
radius; that's the report. I'm sorry; I'm giving it to you this way. As you know, when
you're working for yourself, reporting is every 30 days. But this is my living
arrangement, as well. The number of women panties, the number of children toys;
the smell of the feces, which I'm concerned about any of my employees going on
there. What we did years ago, Commissioners and Chair, was utilize the young men
in the area to work within not just Greater Miami Service Corps, because at that
time, we didn't have Greater Miami Service Corps. It was through our Weed and
Seed, when we were just beginning. And so the innovative practice for those of us
who are mothers, who are landscapers and painters, which the County did give us a
grant for that, and we did well. As a matter of fact, we worked out of Martin Luther
King Economic Development (UNINTELLIGIBLE), and we had also worked with the
Liberty City Trust on some of those lots. It was a way of putting some respect back
for those that were homeless; also for the homeless youth. And I just want to back
up a little bit more, giving this insight. This is over 20 years of this pattern with the
lots and the empty lots and -- you know, in certain areas versus -- and the homeless,
so we did. We utilized the young men, and I still now utilize some of my moms. As a
matter of fact, they're at the Culmer Center right now registering, because a lot of
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them were in our landscaping. So we targeted those that were hard to put to work,
especially workforce. We utilized people with disability. It was innovative. We're a
small company; we bid it, and the County gave us, and then we started the Green
Program. By the City having a Brownsville training program, you train me, so I
learned about the environmental and became certified, and then we went through the
BP (British Petroleum) thing, so we started utilizing some of those. So we had three
ways to coordinate it, which it seems to be about the system anyway, because living
in this area with all these FDOT signs, and now I'm passing by overgrown lots with
overgrown grass in it, and I'm -- my lawn mowers are just going over in my head,
and my women are ready to paint. They're tagging as well to the adjusted building,
so we're going to be doing it with tagging. So with this, I offer you to bring back
something that used to work, that provides great employment,- that you're already
providing opportunity and basic funding that has been a positive project that allows
small business owners and property owners, as well as targeted populations of us in
the area, to put to work at keeping our own neighborhoods clean.
Chair Hardemon: I'll do that.
Ms. Holmes: I would like to go ahead and submit to you regarding that we have a
lot of persons that are there. It's -- cost less, because some of them are actually
those of us in our reentry program that have community service hours. I think one of
the biggest issues you may have with the cost that a lot don't see of us as contractors
is that you have to pick up; and if you're only paying less than two cent per square
foot, which is the going rate right now, that's not fair. I've got to pick up two square
foot of feces or clothes or a block or a log, so don't think that it's a cheap do. Then
I've got to pay the health risks involved. Now, I'm utilizing a population staff that,
really, we're keeping out of jail, so I believe there's a targeted innovative way to
bring that program back that we had. You invested a lot. It's around the Belafonte
Tacolcy area, the north part of District 5 at that time. We tried to extend it to Little
Havana, but then people started doing other things. There was only one last
concern, and then in closing, is that there's a big gap between those poor property
owners, and it's always about litigation. So how do we make up for any litigious
situations I may have as a result of my status as a person with disability or my
education, or my economic status as a property owner, which you acknowledge?
And I appreciate that insight. There's a big gap. And third thing -- we're in a Zika
area. It just behooves me that in 45 days, particularly in this autumn season -- and
landscapers know that as well -- that we're going to allow that type of growth, put
that type of risk, and have that type of pesticide in that spray, so I think you need to
talk to some of us in the industry, those of us who have had that experience and
provided that service, and allow that coordinated strategy, which you have worked
before and with our experience, to assist you further in improving the health and
safety of our neighborhoods on empty lots. There's a lot more to it than you know.
There's afiow chart; it works in everybody's district, and I thank you for addressing
it. You're on point, but there are some gaps in here --
Chair Hardemon: We can definitely --
Ms. Holmes: -- that are going to cause (UNINTELLIGIBLE).
Chair Hardemon: -- we'll definitely --so, let's coordinate with the office so we can
ensure it all works out. I mean, I've had a lot of conversations with people about --
Ms. Holmes: Yes, sir.
Chair Hardemon: -- lawn cutting in their own area.
Ms. Holmes: Yes, sir.
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Chair Hardemon: So, for instance, I know that where I live, if the house next door to
me was not maintained, you know, I couldn't just let it be. Some people don't have a
choice.
Ms. Holmes: No, sir.
Chair Hardemon: I'm able-bodied; I know I can go and try to cut it myself, or able
to actually find someone to cut it for me.
Ms. Holmes: Yes, sir.
Chair Hardemon: But there are some people who can't do that, like the woman
who's 78 years old that lived next door to this dead body, so --
Ms. Holmes: I've got volunteers for whatever we do.
Chair Hardemon: -- but we --
Ms. Holmes: We even feeding the cats in the area.
Chair Hardemon: I think we can (UNINTELLIGIBLE) --
Ms. Holmes: So we're already doing it.
Chair Hardemon: Together, we can -- to make something work, utilizing the dollars
and also the community service that you spoke of.
Ms. Holmes: Thankyou, sir.
Chair Hardemon: Thank you.
Ms. Holmes: Thank you, gentlemen.
Chair Hardemon: You're recognized, ma'am.
Berlinda Faye -Dixon: Hi. Berlinda Faye -Dixon, community activist, organizer,
retired nurse, exhausted, appointed to the Oversight Board. Chair -- board chair for
Smash the Slumlords; SMASH, the Struggle for Miami's Affordable and Sustainable
Housing. My address is 1128 Northwest 7th Avenue, Apartment 401, Miami, Florida
33136. In reference to the lots, okay, as far as the lots -- locks -- L -O -C -K --S -- okay,
let's keep it simple, okay? Like FPL (Florida Power Light) has that numbered metal
tag crap on the thing? Zip tie it with the police zip ties; put a tag on it with the --
like the FPL -- the metal thing with the number and the serial number; screw the lots
-- locks -- I'm sorry -- screw the locks; zip it with zip ties; tag a notice on it; put that
numbered metal thing -- ham, ham -- on it so it could be checked when it's time to go
in, and then it's next -- easy; problem solved. Okay, that solved the lock problem.
Next. In reference to -- I attended a Community Advisory Board meeting at Camillus
House, and I plan on getting on that board. They do have a "Good Neighbor"
project, okay? So I'm -- what I'm saying, I'm going to give you this agenda. The
next meeting for the Community Advisory Board, which we need people from the
community, is November 2. So they have a Good Neighbor project, all right, and
they go out and they clean the areas. So maybe we can -- because we do also have --
I do referrals for formerly incarcerated -- we do have people who are being
discharged to Camillus House. We do have a day program at Camillus House there,
and we could encourage volunteers to -- and support this program, and that -- the
Good Neighbor project could then employ people, because there needs to be some
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accountability with the homeless population as far as camaraderie and team work.
You know, when you're on the streets, you're not by yourself. It's a matter of
survival, so you team up. So this is a good team thing to get the people who were
homeless, who are in a homeless shelter back out there doing something positive
back in the community. Additionally, they also have a garden club there at Camillus
House that does need volunteers from the community. And with some of these lots,
we could take them back and make some small community gardens that are
available. I know the Overtown Youth Center has a garden that I volunteer at that
project also. But I wanted to say, in reference to these lots, the superintendent of
schools was at Overtown Youth Center the other day. And I was driving down 14th,
heading west, and what do I see? Because I have to look everywhere, every lot,
every corner, right? What do I see? Someone slumped over on the bench, blue lips,
so I have to turn my scooter around, because I know she's overdosed. Nobody would
help me get her to the ground. And now I'm performing CPR (cardiopulmonary
resuscitation) while children, less than a block away from Overtown Youth Center,
okay -- I'm performing CPR, and that person didn't make it. I've done it five times.
I'm tired. These are my needle gloves, because I pick up needles, okay? And it's a
major problem, so I really encourage you to make this happen, and I'm going to give
you this agenda from there (UNINTELLIGIBLE).
Chair Hardemon: Thank you very much, Ms. Dixon. You're recognized, sir.
Williams Armbrister: Good morning to all of you wonderful people at the sound of
my voice. My name is Williams Armbrister. My address is 3260 Thomas Avenue,
Miami, Florida. Its apparent, from what I've heard on -- I was watching on the
television at home -- is that our Code Enforcement is overwhelmed. They've made
that apparent. They have thousands of lots and -- that need to be taken care of,
cleaned up. So a recommendation to be considered would simply be that there be a
five -man crew that would act solely on the instruction of the Commission to go out,
opposed to having 40 contractors; one month, this guy charges 150; the next month,
this guy wants 500 for the very same lot. That's ludicrous. I'm looking out for our
tax dollars now. A five -man crew assigned for the sole purpose of cleaning up these
lots; and when they have all the lots taken care of, then they'll work for parks, until
they are assigned by you to clean up additional lots. And I've retired from Florida
Power & Light, and I can tell you what we had to do on -- to gain access to
properties that were fenced off We'd cut a link out of the chain; and when we did
our business, we replaced that link with a lock. That would give us access to it. So
you don't have to start getting 50 contractors that's going to charge ludicrous
amount of dollars. For a lot this size, they're going to send you a bill for 500. Come
on. We got to think out -- I'm that out -of -the -box -thinker; and I know how things can
be done that's going to be beneficial to my -- and I'm selfish right now, because I'm
looking out for my tax dollars --
Chair Hardemon: Thank you, sir.
Vice Chair Russell: Mr. Chairman.
Mr. Armbrister: --you know. So --
Chair Hardemon: Yes
Vice Chair Russell: If I can ask management a question regarding that. If we had,
let's say, 40 lots to clear; if we had 40 people on contract that cleared them all in
one day, wouldn't that cost the same as one team clearing it in 40 days?
Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Difficult to
answer. It depends on what those 40 would charge us individually. And if I may,
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some concerns regarding the number of contractors we have for lot clearing. We
have been reaching out to landscaping and maintenance companies over the last
several months, because we do know that three is not enough. We've gotten some
lukewarm reception from the industry. We will continue to reach out to landscapers
and maintenance companies in order to try to expand our contractor base for the
moment.
Vice Chair Russell: Let me rephrase my question, if I could.
Commissioner Suarez: Mr. Chair.
Vice Chair Russell: I'm asking if it increasing the number of contractors increases
the general cost. It shouldn't, right, because --?
Mr. Armbrister: It will.
Vice Chair Russell: Well, they're not charging us --
Mr. Fernandez: There's a max --
Vice Chair Russell: -- to be on contract, right? They're charging us when they're
used.
Mr. Casamayor: -- maximum square footage cost, so we know what the maximum
would be. Sometimes those bids come in lower than the maximum, so it depends on
what the bids are for the individual lots and how much. One lot -- you know, if it's
just a simple grass cutting, and it's very easy for a vendor to see that it's just a very
simple grass cutting, we'll probably get a lower bid than something like what those
pictures were showing, so.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: No. I mean, I think we have opportunities to get people who
need jobs involved, you know, I mean, through organizations that are nonprofits, like
the one that you suggested. I think that's a wonderful idea. I mean, it's -- you know,
we can't pos -- it's hard for me to believe that at $100 for a 5, 000 or 7, 000 or
10, 000 -square -foot lot or $200 for -- that it's not profitable for somebody to come
out there and cut a grass. I mean -- and we could probably -- to your point, Mr.
Armbrister; in terms of protecting the taxpayer, we could probably find an
organization that will do it for a set price --you know what I mean? -- $50 or --
Mr. Armbrister: May I say? What harm would it do increasing the City of Miami
payroll by five for that sole purpose? And in the long run, it's going to save us a lot
of dollars.
Commissioner Suarez: Yeah, that's another possibility.
Mr. Armbrister: I'm looking out for my money --
Chair Hardemon: No, I understand. Thank you, sir.
Commissioner Suarez: Yeah. That's another possibility.
Mr. Armbrister: -- you know, so -- and you're going to increase the pay; you're
going to provide at least five jobs for someone that's looking for a full-time -- a
retirement job. And I'm concerned about jobs, as you know, and long-term
employment and home ownership. And so that's going to be good for you guys,
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because you're looking out for the well-being of unemployed people in the City of
Miami. You get -- hire one Cuban American, one Black American, one Indian
American, one Jewish American. You know what I mean? Mix it up, you know.
Chair Hardemon: What about Asian?
Mr. Armbrister: You want a "Life Saver" pack with a lot of different people
working, you know, because we want to provide employment opportunities for
everybody.
Chair Hardemon: Thank you very much, Mr. Armbrister.
Mr. Armbrister: So I want to thank you. And also, in closing, I just want to say, as
well, as far as the Planning & Zoning Department, they are overwhelmed as well.
Chair Hardemon: Okay
Mr. Armbrister: Because when you see what's happening in Coconut Grove,
Overtown, and all over the City of Miami, they don't know what "NCD"
(Neighborhood Conservation District) means. So we need an additional Planning &
Zoning Apartment [sic], because our current director is being overwhelmed --
Chair Hardemon: Thank you very much.
Mr. Armbrister: -- because he doesn't have time to review --
Chair Hardemon: Thank you, sir.
Mr. Armbrister: --and understand what this really means. And I want to thank you
so much.
Chair Hardemon: Thank you, sir.
Mr. Armbrister: Thank you for bringing me down here today.
Chair Hardemon: You're recognized, ma'am.
Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street.
I think that the empty lot, the garbage, and the homeless is more than just Overtown.
We agree that your area is being more affected, but we have homeless in Little
Havana, sleeping on the sidewalk. I send it to the commander all the time, pictures
of not just men; woman is sleeping on the floor and the sidewalk at 10 a.m. And we
have the luck of 1,500 tourists walking around the same person, and they say, "Look,
how beautiful. Look, how Little Havana is. " And you have a person sleeping on the
sidewalk. Then you have overgrown trees. You don't seethe stop sign. You don't
see anything. Then you have mothers, children, seniors walking in Little Havana,
and where are the service? I'm sorry to say it, 'pero" sometimes, maybe we need
more employees in a specific department. I bother Matthew all the time, because his
team is awesome. They clean up our areas. But he cannot control those people who
dump garbage. Yesterday morning, it was pile of garbage everywhere. If all of us
would see those garbage that is in front of our houses, they are not even from the
City of Miami. You look sometimes over there, and you see addresses in Fort
Lauderdale, different areas of the County. And everybody knows, on Thursday you
can dump something in Little Havana, and it's okay; the City will pay for it, which is
not the City; it's our tax money. I have offer my house and other different owners
have offered their houses and business for you guys to have cameras to get those
people who dump in the same place. I know they -- $8,500. You know, that's very
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good camera. Get the camera (UNINTELLIGIBLE) himself, because for having
civilian camera, $8,500 is a lot of money. So I just want you to -- guys to think a
little bit. We have a lot of nonprofit. We have a lot of kids from high school that I
get community hours. They do a lot of community hours for our nonprofits. Why
can't we do something about it? A thousand dollars is a lot. Somebody can cut the
grass; and, you know, if they can pick up the garage; and the City, with the Solid
Waste, can do the service for those specific lot, instead of be charging the $2, 000 for
somebody. Please, just keep in mind that they go to the Code Enforcement
Committee to do mitigations --
Chair Hardemon: Right.
Ms. Betancourt: -- and it's true; sometimes they owe $200,000, and then we pay
300, 7, 000, and $500 --
Chair Hardemon: Thank you very much.
Ms. Betancourt: -- and, you know. Come on.
Chair Hardemon: Thank you. You're recognized. I know about the
(UNINTELLIGIBLE) program. You're recognized, sir.
Miguel Soliman: Good morning, Mr. Chairman. Good morning Commissioners.
Thank you for giving me this opportunity. Miguel Soliman, 1436 Southwest 6th
Street. Mr. Chairman, Commissioners, I love this ordinance. I just see a flaw with
it. It says that "Within three days, Zoning will have to process these permits. " And
that right now -- if we want to fool ourselves in writing it there and not get it done,
then I guess that's what we'll do. But, honestly, Zoning does not have the capability
to process these permits. It takes five weeks to get an appointment with the Zoning
administrator. They are overwhelmed. They have so much work; they cannot handle
it. And sets of plans has -- sit therefor weeks and months, and waiting in a list just -
- sometime just to be seen, because they've already been checked; and it's just a
matter of formality to go through it, bring it back with a minor revision, and get it
processed; and it takes five, six weeks just to get someone to look at a set of plans.
"Okay, this was done. Boom. Put it in the computer. " And the reason is because of
the volume of work they have and the personnel they have. So there is no way
they're going to be able to handle these permits in three days. That's one thing. I
think we should have a discussion on how to address that situation and bring some
accountability with that situation. That's number -one issue I wanted to bring up;
very important. The second issue, as we've spoken, this could be a very expensive
proposition. We have a lot of young students, high school students that have -- as
Ms. Betancourt mentioned earlier, that have to serve the community, have to provide
community hours to graduate from high school. Maybe we can use some of those
resources; put some teams together to address specific community areas. Create a
grid map. Let's attack and gather students; gather and pick up solid things, in
conjunction with the Solid Waste. The other thing -- my third and last issue was with
the Citizens on Patrol. That's also a tool that we have available to us to identify
these lots and identify program. Now, the Citizens on Patrol, I was fortunate enough
to become a member. Last June, I went and took the course. I spent my Saturday
and learned a lot. It's a very good program, but unfortunately, we haven't been able
to get it started, and I think there's -- there may be some funding issue. But if we
could address that also, I think Citizens on Patrol is a great tool that we have. We
have a lot of tools that we should be looking at --
Chair Hardemon: Thank you very much, sir.
Mr. Soliman: --and maybe minimize the cost. Thank you very much for your time --
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Chair Hardemon: Thank you very much.
Mr. Soliman: -- Commissioners.
Chair Hardemon: Mr. Bryant, before we -- let's get through the public hearing
before we start addressing (UNINTELLIGIBLE). Mr. Bryant, you're recognized.
Mr. Bryant: Yes, sir. Sir, I just want to say, I just came in for -- because my concern
of two lots that's been in violation for eight months, and I didn't know all of this. But
anyway, I just want to thank you all for your concern, and I just hope that those two
lots could be cut, sir. All that other stuff --
Chair Hardemon: Thank you much, Mr. Bryant.
Mr. Bryant: Thank y'all very much.
Chair Hardemon: Thank you very much, sir. Appreciate it.
Mr. Bryant: Y'all have a wonderful day.
Commissioner Suarez: Thankyou.
Chair Hardemon: Seeing no further public comments, I'm going to close the public
hearing at this time for the emergency ordinance, EM.1, only for EM.1. You're
recognized, Mr. Vice Chairman.
Vice Chair Russell: Thank you, Mr. Chairman. I had a question for the
Administration regarding the last commentary. The boundaries of this emergency
ordinance are very specific, correct? Have you already analyzed how many vacant
lots are in that area that we will be looking at? And do we have the capacity to
process these permits in three days?
Mr. Casamayor: To answer your second question first, if it is a -- if it's a simple
fence around a property, and the property lines are clearly denoted on the permit
application, yes, we can process this within three days. The number of lots in the
area, I think we are working with the Real Estate Department and Planning &
Zoning and our GIS (Geographic Information System) application in order to
determine the number of vacant lots that are in the area. What is tough to determine
is how many permits and how many fences we're going to have to, you know, process
versus how many we have to put up ourselves. It depends on what the reception is
going to be from the individual property owners.
Chair Hardemon: Additionally, there are certain properties -- for instance, as
described by Mr. Bryant, where the body was found, there are different property
owners, because there are different lots that are there. However, if it comes to a
point where it's outside of those 90 days that we discussed, then you can possibly put
one fence around -- I know it's not con -- it's not joining the properties. It's not
doing anything of that nature, but the City could possibly put one fence around the
entirety of those parcels, those accumulated parcels so that we can have that access -
- closed off.
Victoria Mendez (City Attorney): Normally, the issue with the permitting is that we
get a survey, especially with the fencing, so that we don't fence somebody else's
property, and I guess that's the --
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Chair Hardemon: What I said may not work. I'm just -- that was just an idea that
came off the top of my head, but yeah. Is there any further discussion on --? Yes,
Vice Chairman.
Vice Chair Russell: I apologize; if you can indulge me just for a minute or two here,
because I appreciate that you've brought this emergency ordinance, Mr. Chairman,
but you can see the amount of time we've spent on it, but there's an elephant in the
room that's been mentioned but we haven't really addressed. We don't have a fence
emergency; we have a heroin emergency; we have a homeless emergency. And
we've never fully addressed -- well, the homeless issue we deal with constantly, but
this heroin issue is -- it's not -- it's ahead of us. And so, I'd like to invite, if you'd
indulge me, the Chief of Police, Llanes, just to give us a little sense of what it is we're
dealing with here, because once we fence these properties -- and we've already done
this in the Omni CRA (Community Redevelopment Agency). There was a City -owned
property that was an encampment,- we fenced it. Well, guess what they did? They
moved a couple blocks down.
Unidentified Speaker: Yep.
Vice Chair Russell: And is our solution to fence the whole City? I --you know, it's -
- we've got a deeper problem here, and this is definitely a good step that we need to
take, butl'm much -- our true emergency is much greater, I'm worried.
Rodolfo Llanes: Rodolfo Llanes, Chief of Police. Yes, our problem is much bigger;
however, the only way to eat an elephant is one bite at a time, and so I think this is
one bite that's towards the solution to the problem. I think myself and the Fire Chief
have been very vocal about our heroin issues, and at -- Overtown is the epicenter of
the County when it comes to heroin. We have served eight warrants, and have put
about 25 sellers in jail in the last two weeks. We have five outstanding warrants for
the five that are out. We're aggressively working the seller end of this epidemic. I
think a lot of the folks that spoke said they have seen a difference in the community in
the last couple of weeks. That is the difference. We are also aggressively targeting
our addict population with informational campaigns and trying to get them into
treatment, and so we're doing these two things to tackle this problem. Now, giving
us another tool to be able to address these situations is also a help. And so, like the
Commissioner was saying, if we take out -- drug dealers normally don't like to stand
out in the sun, in the open, and that's why they find shade trees and other places to
hide and conduct business, so that helps us in our addressing of the problem. And
the street level, narcotics dealing is not something that we're going to solve
overnight, and so we are tackling the aggressive part of it, which is the suppliers and
the dealers on a wholesale basis, and so this is an assistance to us.
Chair Hardemon: Mr. Vice Chairman, if I will say, that's why I said earlier that
there are a lot of issues that we need to talk about that I'll have to make a more
organized presentation about that will touch on a lot of things that the Police Chief
is saying, because, look, to be able to address this, it has to take a holistic approach,
so we have to invest into the organizations that are in that community, we have to
provide more resources for people that need those resources, such as the addicts,
especially if you have those that are living within that area. But we have to cut lots.
We have to limit access to those lots. We have to utilize other things, such as the
Nuisance Abatement Board. The police officers have to do a better job --and I know
they do a decent job in Overtown -- but do a better job of using the Nuisance
Abatement Board. And also, I mean, I had discussion with our City Attorney about
civil forfeitures. We're talking about where if you're going to utilize an apartment
building, and you know that Unit A" and Unit `B" out of Units A" through "Z"
are used to sell heroin and drugs, then the owner of those properties needs to be put
on notice that if they don't stop the selling of drugs from that place, then we're going
City of Miami Page 46 Printed on 11/15/2016
City Commission Meeting Minutes October 13, 2016
to take that property from them, and I'm serious about these issues. That can also
happen with our corner stores. Overtown is one of the only places in -- there's no
other business that stays open 24 hours, but the corner store. You have to ask
yourself why? Why is there so much traffic into these corner stores? And so it's
because a lot of these drugs are coming to these areas. And if the property owners
aren't willing to eject, evict, remove people who are conducting illegal business on
their properties, then those properties can belong to the City of Miami, and we can
find better for use for them. So what I'm saying is that there area number of things
that we have to do to make this real, and I'm not saying fight fire with fire. I don't
want, you know, raids on drug holes, where you have gunfire going on. That's not it
at all. The police have the capability of conducting surveillance and getting solid
information. I've beared [sic] witness to those warrants that you served with other
police forces, in fact, other levels of government in the Overtown area. I saw it
happening myself. And so, if we can utilize all the information that we have to make
valid arrests on people who are selling drugs within that community, then we can
help that community, but especially one thing that we have to be able to consider --
and this is something that I'll need you all's assistance with on this board, as board
members of the Southeast Overtown/Park West Community Redevelopment Agency.
We know that people are going to want an extension of the CRA, which is needed.
However, one of the things that I think the County should greatly consider is limiting
the release of arrestees from the Overtown area. So, as you know, when someone
gets arrested right down the street on 14th Street, they walk right by where I live,
and they walk straight to Overtown, and they buy drugs, and they encamp in
Overtown. So all over Miami -Dade County, when someone's arrested -- I don't care
what the crime is, but especially if it's for drugs or anything of that nature, or they
are drug users, they are literally released, walking distance to the biggest wholesale
distribution of crack cocaine or cocaine in Miami -Dade County; and if the City of
Miami can't influence Miami -Dade County to stop that type of release, then we're
going to have a very serious problem, and we're going to continue to have that
problem, because even if you arrest them -- if the firefighters and police work
together to --firefighters save their life; police make an arrest; they take them to a
jail; they walk right back down to the area, and it's just a cycle that's literally not
even a mile, not even a mile long. And I'm saying this, Commissioners, because I
live in the middle. If you get arrested, you walk past where I live, and then they die
to the east of me. And when I watch them die to the east of me, they take them past
me to the east, to the mortuary or where they do all their work right by Jackson
Memorial Hospital. It's just happening. If you go there right now, I guarantee you,
you're going to see that activity. And so, there has to be a way that we can do better.
And I think if we, as the City of Miami, stick to our guns and say, "Listen, Miami -
Dade County, you're exacerbating our issues in the City of Miami with Fentanyl,
with deaths, with crime, because you're releasing people into the worst parts of the
community for what they're looking for. " And so we need that assistance.
Chief of Police: If I could just add to that, Commissioner, and I wholeheartedly
agree with you, and that has to be a concerted effort from all political forces. You
know, when you deliver an arrestee to the Turner Gilford Knight Center from
everywhere in the County, if somebody is going to pick you up, you can be released
from TGK (Turner Gilford Knight) . If you are leaving on your own, you get bused
back to the Dade County Jail and released from there. And so every arrest that is
made in this County that is not being picked up by a family member -- our most at -
risk people, obviously -- are released from the Dade County Jail. And as we all have
entered in discussions before, the Dade County Jail is the largest institution of
mental health and addiction that there is. There is no treatment. It's a half
warehouse, and that's where we release these folks that have the biggest problem;
right back into where they're going to encounter their addiction and their mental
health issues. And so it is a huge problem that needs to be addressed.
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Commissioner Gort: Let me tell you, like the Chief was telling you, at one time they
were letting them go even over there at the Doral Station, but then the people in
Doral started complaining that they didn't want those people released in their city,
so that's why they were sent back to Miami. And we have that problem. We've been
fighting for that for years now. So we got to work on that one.
Chair Hardemon: Now, that's something that we need to fight for. It's just no way --
one can -- how much do you have to stack against the Overtown community, but then
still say that you want it to succeed? You can't continue to do this to one area, and
then say on the other hand that this is an area that you want to thrive. It just doesn't
work that way. There's no other tourist location, neighborhood that's for cultural
activity where you see as many drug users, abusers, deaths, and people being
released from jail anywhere. I've just -- I've never seen it anywhere. So we have to
stop fooling ourselves and be serious about stopping this, and the buck stops here.
This is it. Thank you, sir.
Chief Llanes: Thank you.
Chair Hardemon: Any further discussion?
Commissioner Gort: Call the question.
Chair Hardemon: All right, the question's been called. I'll second that one. Roll
call vote.
Todd B. Hannon (City Clerk): Roll call --
Commissioner Suarez: As amended.
Mr. Hannon: -- your first roll call for emergency ordinance item EM. 1.
A roll call was taken, the result of which is stated above.
Commissioner Suarez: Move it on second reading.
Mr. Hannon: The emergency ordinance --
Chair Hardemon: The motion passes.
Mr. Hannon: --passes on first reading, as amended, 5-0.
Chair Hardemon: It's been properly moved; seconded by the Chairman. Madam
City Attorney, read the (UNINTELLIGIBLE).
Commissioner Suarez: As amended.
The Ordinance was read by title into the public record by the City Attorney.
Ms. Mendez: As amended.
Mr. Hannon: Your second roll call for emergency ordinance item EM.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance has been passed as an emergency measure, as
amended, 5-0.
City of Miami Page 48 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Gort: I'd like to ask the City Attorney's Office to draft a legislation
for October 27 for a continuous maintenance program on vacant lots for repeated
violation. I want it to come up, because they get 30 days; they comply on the 29th
day; then they get another 30 days, and they been doing that, and this is example we
saw in Coconut Grove. So we -- after the three -- we talked about the --
Commissioner Carollo, I think, brought the "Three Strikes, you're out" [sic], but I
want to see more -- something more solid.
Chair Hardemon: All right.
Commissioner Gort: Okay?
Commissioner Suarez: Thank you.
Ms. Mendez: Yes.
Commissioner Suarez: Mr. Chair, ifI may?
Chair Hardemon: Yes.
Commissioner Suarez: Would you mind if I took PH 1 out of order, because I know
there's a lot of members in the audience that are here for designation of Arthur Hertz
Way to co -designate?
Chair Hardemon: I know, and I'm sorry, everyone. We did this a little bit out of our
normal circumstance, because the PA (personal appearance) hearing was supposed
to happen, and then the next PA hearing was supposed to have happened, and then it
would have been 10 minutes, and then we would have gone into this business. And
so we've had a mix of public comment and some discussions and
(UNINTELLIGIBLE).
END OF EMERGENCY ORDINANCES
City of Miami Page 49 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
!;'is�'ixK9]kiII1NMW311ki[eye]N311ki/_1ki[N*'?
SRA
ORDINANCE Second Reading
1018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Office of the City
CHAPTER 18/ARTICLE I II/SECTION(S) 18-118 AND 18-119 OF
Attorney
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
"FINANCE/CITY
AYES:
ENTITLED OF MIAMI PROCUREMENT
ABSENT:
ORDINANCE/PUBLIC-PRIVATE PARTNERSHIPS, UNSOLICITED
PROPOSALS", TO REFER TO THE CURRENT FLORIDA
STATUTE; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13639
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Carollo, Suarez
ABSENT:
Gort
Chair Hardenzon: We'll call the October 13, 2016 meeting back into order. Right
now we're on SR.1. Madam City Attorney.
Victoria Mendez (City Attorney): Thank you. This is an ordinance in order to do
cleanup to reference the corrected State statute, and it's just for cleanup, to put
255.065 as the new statute for public-private partnerships, as it was amended by
Florida Statutes.
Chair Hardenzon: Did you -- can you read the title into the record, though?
Ms. Mendez: Yes.
The Ordinance was read by title into the public record by the City Attorney.
Chair Hardenzon: Is there a motion to approve it?
Commissioner Suarez: So moved.
Chair Hardenzon: It's been properly moved.
Vice Chair Russell: Second.
Chair Hardenzon: Seconded by the Vice Chairman. Any further discussion on the
issue? Seeing none.
Commissioner Carollo: What's the item?
Commissioner Suarez: SR. I.
Chair Hardenzon: SR. 1. Is there any unreadiness? Seeing none.
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City Commission Meeting Minutes October 13, 2016
Todd B. Hannon (City Clerk): 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
1017
AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING
Commissioners
RESOLUTION NO. 16-0254, ADOPTED ON MAY 26, 2016, IN ITS
and Mayor
ENTIRETY, AND RE-ESTABLISHING THE CITY OF MIAMI SEA
AYES:
LEVEL RISE COMMITTEE BY AMENDING CHAPTER 2/ARTICLE
XI/DIVISION 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS/SEA LEVEL RISE COMMITTEE"
CODIFYING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE,
TO STUDY SEA LEVEL RISE AND ITS EFFECT ON THE CITY OF
MIAMI AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION, INCORPORATING ALL AVAILABLE INFORMATION
ON THE SUBJECT, INCLUDING, BUT NOT LIMITED TO,
RECOMMENDATIONS MADE BY THE FEDERAL GOVERNMENT
AND MIAMI-DADE COUNTY; STATING THE COMMITTEE'S
PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT
QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP;
PROVIDING FOR OFFICERS, RULES OF PROCEDURE,
MEETINGS, QUORUM, BUDGET, LEGAL AND STAFF SUPPORT,
ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC
NOTICE; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
ENACTMENT NUMBER: 13640
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item SR.2, please see
"Public Comment for Regular Item (s). "
Chair Hardemon: SR.2.
Victoria Mendez (City Attorney): Chairman, this is the Sea Level Rise Ordinance. I
have one amendment as cleanup, and it's to place in Section 2-1272, when it says,
"When establishing this committee for the first time after codification by ordinance, "
striking that out and just placing: "Committee members originally appointed,
pursuant to Resolution Number 16-0254, shall remain on the committee, subject to
the terms contained herein. "
Commissioner Suarez: Move it. Discussion.
Vice Chair Russell: Second.
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City Commission Meeting Minutes October 13, 2016
Chair Hardemon: Properly moved -- It's been properly moved and seconded.
Discussion.
Commissioner Suarez: Just quickly, we passed this on first reading, and my
understanding was that there was a $50, 000 budgeting threshold that was included,
and we had even said that we were going to use those $50, 000 to update the Storm
Water Master Plan, to take into account sea level rise, and I don't see that in the
second reading of this legislation. I'm not saying that $50, 000 is enough or that
they're not going to come back at some point and ask for more, because I suspect
that they will, and I think we talked about that, also, at first reading. I'm just saying
that it got somehow lost in translation, and is not in the legislation as it currently
reads.
Commissioner Gort: Oh, no, I didn't get it.
Vice Chair Russell: I thought so. You couldn't have known.
Commissioner Gort: You got it?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: I mean, I will yield to the management, but -- to the
Manager or management -- but my understanding was that investing 50, 000 in sea
level rise will go towards the storm water. That --
Commissioner Suarez: Right. That's what we said, like at first reading.
Commissioner Carollo: -- was my understanding, and I'll yield to the Manager.
Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Again, the
$50, 000 was included in -- as the Commissioner pointed out -- in the first reading of
the ordinance. It was not included in our budget when it was passed originally, so
there was no $50, 000 budgeted as part of this, officially budgeted. If this item would
have passed with the 50, 000 in, we would have had to make the adjustment. So, I
mean, if we want to direct $50,000 towards the Storm Water Master Plan, we
certainly can, but it was not part of the original budget that was passed.
Commissioner Carollo: Well, I remember during the budget, I even questioned,
"Where is all the money for the Storm Water Master Plan, the updated one?"
because the one that we currently have is obsolete, and that's what I believe is the
starting point, where we have the professionals, the engineers pretty much go
through and take sea level rise into consideration with regards to storm water.
Mr. Casamayor: Yeah, that is correct, sir; and we were going to work on getting an
estimate for the amount it would cost to have a updated Storm Water Master Plan
that would also include the sea level rise component to it.
Commissioner Suarez: I guess from -- my perspective is that it's similar but
different. It's a little more of a process question, or a little bit more of a process
issue that if we pass something on first reading, and it's a piece of legislation that
has a number in it, and that number isn't amended out of the legislation by the
discussion on the board, I just don't understand why it wasn't in the legislation on
second reading. That's my question, concern; you understand what I m saying?
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Ms. Mendez: Yes. And I apologize. I believe that it was because of the amendment
that was made by Commissioner Carollo that it would be placed -- when we were
talking about the budget -- that it would be placed in -- towards the storm water --
Commissioner Suarez: Yeah, but I think you misunderstood his amendment and
what we talked about at the time, because what we said is -- the $50, 000 was in the
legislation. What he said was he wanted to designate that $50, 000 to go to the
payment of updating the Storm Water Master Plan to take into account sea level rise.
Commissioner Carollo: Right.
Commissioner Suarez: So --
Ms. Mendez: But then it became a budgeted item, and not the $50, 000 for this
committee to run. So that -- I guess it was -- Originally, the way that it was drafted
in the legislation is for this committee --
Commissioner Suarez: Right.
Ms. Mendez: -- to have a working budget --
Commissioner Suarez: Correct. But then --
Ms. Mendez: -- of $50, 000.
Commissioner Suarez: -- the Commissioner said --
Commissioner Carollo: Right.
Commissioner Suarez: -- that's fine, but he wants that designated to this purpose.
Commissioner Carollo: Yes.
Commissioner Suarez: It's like saying, you know, yeah, they have a budget, but, this
is the purpose -- and we all recognize that at some point, probably in the midyear,
they're going to come back and they're going to ask for money to do whatever it is
that they need to do. I'm -- we talked about that during the budget. I just don't
understand why that -- I just think that it shouldn't have been taken out. I think it
should remain in.
Ms. Mendez: So to clarify, then, a "whereas" clause, saying that this committee shall
have a budget as determined in the midyear? How would you like to fix it, then, for -
-7
Commissioner Suarez: I think we should just go back to the way it was on first
reading.
Ms. Mendez: Okay. Will that -- then we will --
Commissioner Suarez: With --
Commissioner Carollo: With the language.
Commissioner Suarez: -- the caveat -- with the language that specifies that that
$50, 000 that's budgeted to them is going to go -- because maybe next year -- I'll give
you an example. Let's say it cost -- it's going to cost more than 50, but let's say it
cost 50. And then next year, they get a budget of 50, they can use it for something
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City Commission Meeting Minutes October 13, 2016
else, but this year's 50, they had to use it for that specific purpose, because that's
what we wanted them to use itfor.
Ms. Mendez: Okay. Then I will make sure that it's amended in.
Commissioner Suarez: So I'll amend the -- I'll amend my motion so that it's a motion
to approve the legislation as it was drafted on first reading.
Chair Hardemon: Does the seconder agree?
Commissioner Carollo: With language that those 50 --
Commissioner Suarez: Yeah, yeah, right, right, that's right.
Commissioner Carollo: -- these 50 --
Commissioner Suarez: Correct.
Commissioner Carollo: -- be going to updating our Storm Water Master Plan --
Commissioner Suarez: Correct, correct.
Chair Hardemon: Vice Chairman.
Commissioner Carollo: -- that includes sea level rise.
Chair Hardemon: Vice Chairman.
Mr. Casamayor: So just to be safe, we will be amending the budget midyear.
Commissioner Suarez: Of course.
Mr. Casamayor: We'll include this $50, 000 to the committee --
Commissioner Suarez: Plus whatever.
Mr. Casamayor: --for the use of Storm Water Master Plan.
Commissioner Suarez: Correct.
Vice Chair Russell: Thank you, Mr. Chair. And, yes, I'll accept that, but with a
comment that I think we need to recognize. And I haven't spoken or heard from the
board on this subject, but when they ask for a budget and when we allocate a budget
but then we tell them what to do with it, we're not really empowering that board to
make any decisions at all. The need for the Storm Water Master Plan adjustment,
you know, certainly trumps everything, right?
Commissioner Carollo: That's a start.
Vice Chair Russell: That's step one.
Commissioner Carollo: That's step one.
Vice Chair Russell: And so, you know, if we had to start from scratch, I would have
said, "That should be in our budget as an item that we're deciding to do. " But if
we're really giving the Sea Level Rise Committee a budget, they should have some
sort of say-so in where it goes. So I don't know if they've already resolved that that's
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City Commission Meeting Minutes October 13, 2016
where it should go, but -- I don't know what they wanted to use the money for, but --
Commissioner Carollo: Mr. Chair.
Vice Chair Russell: -- I'm sure they'll conte back with another ask.
Commissioner Carollo: I could tell you that they were here when we had the
discussion, and I mentioned it.
Vice Chair Russell: Yeah.
Commissioner Carollo: So they were here.
Vice Chair Russell: Yeah. I do accept the amendment.
Chair Hardemon: You're recognized, Commissioner Gort.
Commissioner Gort: Let me ask a question. When I first came in, in 2010, 2011 and
'12, I received a report of a study that was done by the City of Miami on this issue.
Do we have that report? Do we have a copy of that report?
Mr. Casamayor: Yes, Commissioner, we do have an existing Storm Water Master
Plan that is arguably outdated.
Commissioner Gort: My understanding, it dealt with the rise in the level -- sea --
rising of --
Mr. Casamayor: No, sir.
Commissioner Gort: No? So this --
Mr. Casamayor: Sea level rise was not considered at that time.
Commissioner Gort: -- sea level rise has got to be included in this time now?
Mr. Casamayor: Yes, sir.
Commissioner Gort: Okay. Thanks.
Mr. Casamayor: Okay.
Chair Hardemon: Is there any further discussion? Seeing none.
The Ordinance was read by title into the public record by the City Attorney.
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, as amended, 5-0.
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SR.3
ORDINANCE Second Reading
1016
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Commissioners
CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
and Mayor
AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS", TO
"CONVERSION
AYES:
CREATE SECTION 37-13, ENTITLED THERAPY",
NAYS:
TO PROHIBIT LICENSED PROFESSIONALS FROM ENGAGING IN
COUNSELING EFFORTS, PRACTICES, OR TREATMENTS WITH
THE GOAL OF CHANGING A MINOR'S SEXUAL ORIENTATION
OR GENDER IDENTITY; DEFINING TERMS AND PROVIDING FOR
PENALTIES AND ENFORCEMENT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
ENACTMENT NUMBER: 13638
MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Russell, Gort, Suarez
NAYS:
Hardemon, Carollo
Note for the Record: For public hearing comments referencing Item SR.3, please see
"Public Comment for Regular Item (s). "
Chair Hardenzon: Now, I know there was a gentleman here for SR. 3, so I'll call SR.3
at this time. They have to be read into the record, so the ordinance have to be read
into the record. Can you read SR.3 into the record, please?
Commissioner Suarez: Move it.
Chair Hardenzon: Been properly moved --
Vice Chair Russell: Second.
Chair Hardenzon: --and seconded.
Barnaby Min (Deputy City Attorney): Commissioners, if I can clam what went to
be advertised had a title with exceptions.
Commissioner Suarez: As amended.
Mr. Min: So you want to remove that language?
Commissioner Suarez: Correct.
Mr. Min: Thank you.
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.3. Commissioner Gort?
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City Commission Meeting Minutes October 13, 2016
Commissioner Gort: Yes.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Wait. We haven't had discussion. Is there any discussion?
Commissioner Carollo: Yes, Mr. Chairman --
Chair Hardemon: Yes. You're recognized.
Commissioner Carollo: -- if you would. Thank you, Mr. Chairman. I'd like to begin
by saying that the first time that I actually heard of conversion therapy was when it
first appeared in our agenda. Prior to that, I had never heard of that, nor have I
received any phone calls or anyone complaining of that process happening in our
City. I know SAVE came to speak with my office, and spoke to my office yesterday,
and I wish I would have been there and there was -- there would have been more
time. Unfortunately, due to the hurricane and the holiday, and that was a short
week. But with that said, you know, speaking to my staff and looking over it, it seems
to me, more than anything, that it's a State issue. You know, I think it should be
handled on a State level. And I'm seeing that, you know, we may be trying to solve
something that is a problem that really doesn't exist in our City. You know, I believe
even SAVE mentioned to my staff that there are none of these clinics or practices in
the City of Miami. And here's where I'm having some concerns, and I'm having
concerns with a parent's right to choose. I mean, if we -- if someone believes in the
right to choose, you also got to believe of a parent's right to choose what they believe
should be the right care for their adolescent children; let's say, a 10 year old, an 11 -
year old, a 12 -year old. So I'm having difficult passing this as it is. And once again,
I don't even think it should be in the local level; I think this is the State level. And I
appreciate Representative Richardson moving this forward, because that's the
agency or the governmental body that should be taking this up.
Chair Hardemon: Commissioner Gort.
Commissioner Carollo: Mr. Chairman, and before I conclude, I mean, I'm always
very careless -- I mean, I'm sorry -- careful; always very careful of government
imposing on people. And not being a doctor, not knowing the education with
regards to this type of therapy, I -- again, I feel uncomfortable imposing on a
parent's right to choose what they think is the best care for their adolescent children.
Chair Hardemon: Any further discussion? Yeah.
Commissioner Gort: Call the question.
Chair Hardemon: You're recognized, sir.
Mr. Hannon: Is the Commission ready for roll call on item SR. 3?
Chair Hardemon: I believe so.
Mr. Hannon: Roll call on item SR. 3. Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Commissioner Carollo?
Commissioner Carollo: No.
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Mr. Hannon: Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Suarez?
Commissioner Suarez: Yes.
Mr. Hannon: Chair Hardemon?
Chair Hardenzon: Against.
Mr. Hannon: The ordinance passes on second reading, as amended, 3-2.
Chair Hardemon: Okay. That's SR. 3.
END OF SECOND READING ORDINANCES
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Ia:MaIZ&119 V mri1371ki[eye] V 311kiMki[*&I
FRA
ORDINANCE First Reading
1041
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
MOVER:
CHAPTER 42/ARTICLE I OF THE CODE OF THE CITY OF MIAMI,
Commissioners
FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED 'POLICE/IN
and Mayor
GENERAL", MORE PARTICULARLY BY AMENDING SECTION 42-
8 OF SAID CITY CODE TO INCREASE THE ADMINISTRATIVE FEE
ASSOCIATED WITH THE OFF-DUTY POLICE SERVICES
PROGRAM; FURTHER DECLARING THE REVISED
ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO
RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE
ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF
THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Defer
RESULT:
DEFERRED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
END OF FIRST READING ORDINANCES
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I N;&'%71110j1101ki&'
REA
RESOLUTION
1013
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
MOVER:
THE BID RECEIVED JULY 6, 2016, PURSUANT TO INVITATION
Department of
FOR BID NO. 623383, FROM LAWMEN'S AND SHOOTERS'
Police
SUPPLY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE
BIDDER, TO PROVIDE THE MIAMI POLICE DEPARTMENT WITH
A ONE-TIME PURCHASE OF BUSHMASTER RIFLES AND
ACCESSORIES, IN AN AMOUNT NOT TO EXCEED $101,332.64;
ALLOCATING FUNDS FROM THE GENERAL POLICE FUND
00001.191501.552100.0000.00000, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Continue
RESULT:
CONTINUED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
RE.2
RESOLUTION
1020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
MOVER:
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Department of
EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE
Public Works
COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO
FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-
STANDARD STREETLIGHTS WITHIN THE MIAMI-DADE COUNTY
RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTH MIAMI
AVENUE, BOUND ON THE SOUTHERN SIDE BY
SOUTHEAST/SOUTHWEST 7TH STREET AND BOUND ON THE
NORTHERN SIDE BY SOUTHEAST 6TH STREET, MIAMI,
FLORIDA, IN THE AREAS DEPICTED IN THE SKETCH ATTACHED
AS EXHIBIT "A".
ENACTMENT NUMBER: R-16-0480
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item RE. 2, please
see "Public Comment for Regular Item (s). "
Chair Hardemon: All right. We're now at our resolutions. I see there are a number
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of resolutions that could possibly be grouped together. Is there a motion to approve
RE. 2, 3, 4, and 5?
Commissioner Suarez: So moved.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: Okay. So 2, 3, 5, and we can take 7. 2, 3, 5.
Commissioner Suarez: I'll move it with -- I --
Chair Hardemon: You can always still have discussion on any of them, but 1.
Commissioner Suarez: Okay.
Commissioner Gort: RE.2.
Commissioner Suarez: I'll move it.
Chair Hardemon: Yeah, okay. So it's been properly moved and seconded that we
approve RE.2, 3, 5, and 7. Discussion.
Commissioner Suarez: Yeah.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. I want to have discussion on
RE. 7. And more than anything, I want to make sure that we're abiding by all the
rules, regulations, the laws. In other words, have we received something from the
Ethics Commission verging that what we're doing is proper?
Victoria Mendez (City Attorney): This is for the Canary item?
Commissioner Carollo: Yes.
Ms. Mendez: Yes. We will give a waiver form to each employee for them to sign as
a -- I'm sorry, when I say "waiver, " a gift form for each employee that receives this
to sign, so that they can properly report the receipt of it.
Commissioner Carollo: Okay. I just want to verb that, and I don't want to get
anyone into any --
Ms. Mendez: We contacted Centorino to make sure.
Commissioner Carollo: So each --
Ms. Mendez: So we got that in writing.
Commissioner Carollo: -- and make sure that each officer, firefighter or police
officer understands that they need to fill out a gift form?
Ms. Mendez: Right.
Commissioner Carollo: Okay. With regards to any liability the City could possibly
have?
Ms. Mendez: With regard to that, we'll also -- well, the goal is to hand over the
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Canary box and a waiver form for liability purposes, and the disclosure form.
Commissioner Carollo: Okay. And then the last thing is -- I'm ready to move
forward with this and approve this. The only thing is that I do feel that I need to
mention that there was a press release that went out earlier in the morning, I think
around 10, 10:30 this morning, saying that police officers and firefighters were
going to be receiving this. I think it's a little premature, because out of respect to
this Commission, I think that the item should be heard, discussed, and voted upon
before a press release is sent out.
Vice Chair Russell: Who sent it?
Commissioner Carollo: It's from the Office of the City of Miami Communications. I
mean, I have a copy of it. So, I mean, all I could say is that at least out of the
courtesy to this Commission, before anything like this is sent out, I think we should
be able to hear the item, discuss it, see if there's any issues, and then vote upon, you
know, before we have a press release go out.
Chair Hardemon: He's right.
Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Sir, you
are correct, and my apologies.
Commissioner Suarez: Mr. --
Chair Hardemon: Vice Chairman.
Commissioner Suarez: Go ahead.
Vice Chair Russell: Thank you. What is the method by which we're choosing who
receives these? Is it a first come, first served? Is it merit -based, seniority -based?
Mr. Casamayor: We haven't determined a process where we're -- with individuals
who'll be getting the boxes, but I'm assuming first come, first serve would be the
correct way.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Yeah, I sponsored this item. The
company reached out to me, and this is a wonderful gift that the company is
providing to the City and to its uniformed men and women in our Police and Fire
Department. It's being done in conjunction with State Farm, which is the largest
national insurer of home security, and it's a launching -- They launched a new
campaign called "Protect the Protectors, " which provides devices for police officers,
firefighters, and other emergency responders throughout the country. We're one of
16 communities that they selected across the country to participate, and they monitor
everything from movement in the home to changes in temperatures, humidity, and air
quality. Our first responders work hard at what they do, and it means a lot that State
Farm and Canary want to recognize their service by providing them with an
additional layer of security in their homes. This is one very small way that we, as a
government, can say "thank you" for everything that our first responders do. And,
you know, in terms of who gets them, or how they get them, you know, we're -- I was
simply going to leave it up to the Police Chief and the Fire Chief to decide how they
wanted to distribute it. I wasn't going to get involved in that. You know, I'm sure -- I
have full faith that, you know, that whoever gets it will fill out the proper forms, and
that we have the right indemnification. So I think, for this, you know, we should
focus on what's important here, which is that this is a very generous gift by this
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company, and it's something that's wonderful that our first responders are going to
have an opportunity to have that. In terms of the press release, we may share the
responsibility, because I know we requested a press release, so I apologize. We --
you know, I think common sense should dictate that we don't issue a press release
prior to a Commission taking action on anything. I mean, that's just sort of --
Chair Hardemon: Or a press release just saying that we will discuss that item.
Commissioner Suarez: Of course.
Chair Hardemon: That that item will be discussed.
Commissioner Suarez: I mean, however you want -- you can play with the wording,
if it hasn't been decided; but, certainly, if it's going to say, "Hey, this happened, " it
should be after it happens.
Chair Hardemon: Right.
Commissioner Suarez: It shouldn't be before it happens.
Commissioner Carollo: And that's my point.
Commissioner Suarez: Right. So, I mean, clearly, you know, it's something that's a
no-brainer. So anyhow.
Chair Hardemon: I'm sure it was a mistake. Commissioner Gort.
Commissioner Gort: RE.2, we had a discussion. My understanding, in going back
to when we approved this issue, the Brickell City Centre is the one that's going to be
responsible for the expenditure and the maintenance of those lights that we
approved; am I correct? At the same time, my understanding is that there was a deal
where they were going to continue at Northwest -- Southwest 6th Street to continue
to go straight into the other, the -- 7th Street.
Juvenal Santana: Good afternoon, Commissioner. Juvenal Santana, Public Works
deputy director. Southeast 6th Street, right now Brickell City Centre is working with
the County as far as doing an intersection improvement where it meets South Miami
Avenue.
Commissioner Gort: Right.
Mr. Santana: So.
Commissioner Gort: And my understanding, whereas -- if -- it might be wrong, but
my recollection, that was going to continue to hit with 7th Street.
Spencer Crowley: Good afternoon, Commissioner. Spencer Crowley; offices at 98
Southeast 7th Street. You're correct. We have an agreement with the City whereby
Southeast 6th Street is going to extend past South Miami Avenue to attach to Miami
Avenue going southbound as it turns into 1st Avenue.
Commissioner Gort: Right.
Mr. Crowley: Right now, the engineers have completed their construction drawings.
We are about to submit those to the City for final review. Once the City gets them,
we have to submit them to the County for permitting.
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Commissioner Gort: Right.
Mr. Crowley: And we'll go through the County permitting process, and then it'll get
built. So it's in process. We have an agreement with the City to do all that work,
and it's certainly in process, so.
Commissioner Gort: Thank you. Okay. Thank you, that's it.
Chair Hardemon: Is there any further discussion? Any unreadiness? Hearing
none, all in favor of the motion to pass RE.2, 3, S, and 7, say so by saying "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
RE.3
RESOLUTION
1021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
MOVER:
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
Department of
EXECUTE A COVENANT RUNNING WITH THE LAND, IN
Public Works
SUBSTANTIALLY THE ATTACHED FORM, WITH BRICKELL CITY
CENTRE PROJECT LLC TO FACILITATE THE INSTALLATION
AND MAINTENANCE OF NON-STANDARD STREETLIGHTS
WITHIN THE MIAMI-DADE COUNTY RIGHT-OF-WAY ALONG
CERTAIN PORTIONS OF SOUTH MIAMI AVENUE BOUND ON
THE SOUTHERN SIDE BY SOUTHEAST/SOUTHWEST 7TH
STREET AND BOUND ON THE NORTHERN SIDE BY
SOUTHEAST 6TH STREET, MIAMI, FLORIDA, IN THE AREAS
DEPICTED IN THE SKETCH ATTACHED AS EXHIBIT "A".
ENACTMENT NUMBER: R-16-0481
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
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REA
RESOLUTION
1040
A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of the City
AUTHORIZING THE ENTRY OF A FINAL JUDGMENT BASED ON
Attorney
THE JURY VERDICT RENDERED ON SEPTEMBER 14, 2016,
AYES:
WHICH WILL INCLUDE BUT NOT BE LIMITED TO AN
ABSENT:
INJUNCTION AGAINST FUTURE VIOLATIONS OF SECURITIES
LAWS AND THE DIRECTOR OF FINANCE IS DIRECTED TO PAY
THE SECURITIES AND EXCHANGE COMMISSION THE
AGGREGATE TOTAL SUM OF ONE MILLION DOLLARS
($1,000,000.00) AS A CIVIL PENALTY IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN THE CASE STYLED
SECURITIES AND EXCHANGE COMMISSION VS. CITY OF MIAMI,
ET AL., PENDING IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 13-22600-CIV-
ALTONAGA; ALLOCATING FUNDS FROM THE FISCAL YEAR
2015-16 BUDGET, ACCOUNT NO.
00001.980000.531010.0000.00000.
ENACTMENT NUMBER: R-16-0496
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Carollo, Suarez
ABSENT:
Gort
Chair Hardenzon: We're waiting on quorum, and we have quorum. Is there a
motion to approve RE.4?
Commissioner Carollo: So move.
Chair Hardenzon: It's been properly moved by Commissioner Carollo; seconded by
Commissioner Suarez. Any further discussion about the issue? Any unreadiness?
Hearing none, all in favor, say so by saying "aye."
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes. And it's -- the meeting is concluded at 4:57.
Commissioner Carollo: Thank you.
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RE.5
RESOLUTION
1008
A RESOLUTION OF THE MIAMI CITY COMMISSION
Department of Fire-
ESTABLISHING A NEW SPECIAL REVENUE PROJECT
Rescue
ENTITLED: FISCAL YEAR 2016 - DEPARTMENT OF HOMELAND
AYES:
SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY
(FEMA), URBAN SEARCH & RESCUE (USAR) COOPERATIVE
AGREEMENT", AND APPROPRIATING FUNDS, IN AN AMOUNT
NOT TO EXCEED $1,216,082.00, CONSISTING OF A GRANT
FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -
RESCUE TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT,
ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT
CACHE PROCUREMENT, MAINTENANCE AND STORAGE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE OF SAID GRANT.
ENACTMENT NUMBER: R-16-0482
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
RE.6
RESOLUTION
1023
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
CONDEMNING HATE SPEECH AND VIOLENCE DIRECTED AT
Commissioners
MUSLIMS; EXPRESSING SOLIDARITY WITH MUSLIMS AND ALL
and Mayor
THOSE TARGETED FOR THEIR ETHNICITY, RACE OR
RELIGION; REAFFIRMING THE CITY OF MIAMI'S COMMITMENT
TO PURSUING POLICIES THAT AFFIRM CIVIL AND HUMAN
RIGHTS OF ALL INDIVIDUALS AND ENSURE THAT THOSE
TARGETED ON THE BASIS OF RACE, RELIGION, OR
IMMIGRATION STATUS CAN TURN TO GOVERNMENT WITHOUT
FEAR OF RETALIATION.
ENACTMENT NUMBER: R-16-0472
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Ken Russell, Vice Chair
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item RE. 6, please
see "Public Comment for Regular Item (s). "
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Chair Hardemon: And I know there was a -- I want to call RE. 6. We can handle
RE. 6; condemning the violence, the anti -hate. Vice Chairman, do you have a motion
to approve RE. 6?
Vice Chair Russell: Yes. I move it, please.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded by Commissioner Suarez. Is
there any further discussion?
Commissioner Carollo: Yes, Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Thank you. Listen, I do not have a problem whatsoever
passing this; however, what I saw is the same as Ms. Betancourt saw. I would like to
add everybody in there. I -- you know -- and I don't know if I want to add it as a
friendly amendment, but I think that everyone, regardless of race, religious
preference, sexual orientation, or immigrant status, should be part of this resolution.
Commissioner Gort: I think --
Vice Chair Russell: Mr. Chairman.
Commissioner Gort: -- that's what I read.
Vice Chair Russell: Thank you. There is wording in here --
Commissioner Gort: Yeah.
Vice Chair Russell: -- that says, "All those targeted for their ethnicity, race or
religion, " but it's not meant to be a blanket statement. I really brought this about
because there is an epidemic of hate crimes against Muslims, bullying against
Muslim children. And our fear over national security is starting to affect the way we
treat our fellow human beings, and it's creating an overtone of racism, of ethnic
divisiveness that I believe we need to take a stand on, specifically, to state what we
believe as a city; that we don't believe in that sort of rhetoric. One of the statistics
that wasn't mentioned was that we have 70, 000 Muslim residents in this community
and they are in the City of Miami, and there is a very specific issue that they are
dealing with. And I'm sure it started way from before, but since September 11, it's
something that they need a voice to speak for them. And it's not about courage as a
politician; it's simply a heartfelt empathy for someone's freedom to express their
religion and not be persecuted for it, and recognize it as a religion of love; not to
judge a group of people by the minority few within their population that commit had
crimes. And so that's why I wanted to bring this specifically as an issue to support
Muslims, but there is wording in here that this is not to diminish or to say that there
isn't also a need for protection or empathy for other groups. So I believe the
wording in here does specifically address that.
Commissioner Gort: Yeah.
Vice Chair Russell: But I would like it to be as is.
Chair Hardemon: Vice Chairman, I agree with what you just said, so I recommend
these "as is, " as well. Is there any further discussion? Seeing none, all in favor say
aye. Py
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The Commission (Collectively): Aye.
Chair Hardemon: Motion passes on RE. 6.
RE.7
RESOLUTION
1025
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
Commissioners
THE DONATION OF FIVE HUNDRED (500) CANARY ALL -IN -ONE
and Mayor
SECURITY DEVICES, WITH AN APPROXIMATE ESTIMATED
AYES:
TOTAL VALUE OF $99,995.00, FROM CANARY CONNECT, INC.,
TO BE GIVEN TO FIRST RESPONDERS CONSISTING OF THREE
HUNDRED THIRTY (330) CITY OF MIAMI POLICE OFFICERS AND
ONE HUNDRED SEVENTY (170) CITY OF MIAMI FIRE FIGHTERS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO ACCEPT SAID DONATIONS.
ENACTMENT NUMBER: R-16-0483
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For minutes referencing Item RE. 7, please see Item RE.2; for
public hearing comments referencing Item RE.7, please see "Public Comment for
Regular Item(s). "
RE.8 RESOLUTION
1039 A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners AUTHORIZING THE OFFICE OF TRANSPORTATION AND THE
and Mayor DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH THE
DEVELOPMENT OF A PLAN TO IMPLEMENT A TWENTY-FIVE
(25) MILES PER HOUR SPEED LIMIT ON STREETS IN LOW
DENSITY RESIDENTIALLY ZONED NEIGHBORHOODS
CLASSIFIED AS PART OF THE CITY OF MIAMI STREET SYSTEM.
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Continue
RESULT:
CONTINUED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Note for the Record: For public hearing comments referencing Item RE. 8, please
see "Public Commentfor Regular Item (s). "
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RE.9
RESOLUTION
1038
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
MOVER:
AN INTERLOCAL LEASE AGREEMENT BETWEEN THE CITY OF
Commissioners
MIAMI AND MIAMI-DADE COUNTY FOR THE PROVISION OF A
and Mayor
PERMANENT PUBLIC RESTROOM LOCATED AT THE
ABSENT:
NORTHEAST CORNER OF THE INTERSECTION OF THE
METRORAIL/METROMOVER SYSTEM AND WEST FLAGLER
STREET, FOR AN INITIAL FIVE (5) YEAR TERM, PLUS ONE (1)
ADDITIONAL FIVE (5) YEAR OPTION TO RENEW; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND TO EXERCISE
ANY AND ALL CANCELLATION, TERMINATION, RENEWAL, AND
ALL OTHER RIGHTS CONFERRED THEREIN.
ENACTMENT NUMBER: R-16-0484
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardenzon: RE.9.
Fernando Casamayor (Chief Financial Officer/Assistant City Manager):
Commissioners, this is a resolution approving the lease with the County under the
Metrorail and Metromover guideway near or close to West Flagler Street, for the
placement of a permanent restroom for the use of the homeless population in the
area.
Chair Hardenzon: Is there a motion to approve?
Vice Chair Russell: Move it.
Commissioner Carollo: Second.
Chair Hardenzon: It's been properly moved and seconded. Is there any discussion?
Vice Chair Russell: Yes, please.
Chair Hardenzon: You're recognized.
Vice Chair Russell: Thank you. And I'd like to thank the Mayor for supporting this
initiative. It did start as a homeless initiative, but you'll notice in the wording of the
resolution, there is no mention of homeless, specifically because we are looking to
this now to become an amenity for the public, for people who work and live
downtown, who happen to be out and about in the street near Government Center
and the Metrorail Station. We think it's going to be an excellent addition to the area,
and very thankful to Alyce from the DDA (Downtown Development Authority), and
the debt team, which will employ formerly homeless people to maintain and service
the bathroom on a per -use basis on a daily basis. And this is something that hasn't
been seen in the City, and it's going to redefine what we know a public bathroom to
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be like. And so, I lookforward to seeing how this goes; and hopefully, more of them
throughout the City.
Chair Hardemon: Any further discussion?
Commissioner Gort: None.
Chair Hardemon: Seeing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
REA 0 RESOLUTION
1055 A RESOLUTION OF THE MIAMI CITY COMMISSION
Commissioners SUPPORTING, PARTNERING AND AUTHORIZING THE CO -
and Mayor SPONSORSHIP OF THE STREET ART FOR MANKIND EVENT TO
FURTHER THE FIGHT AGAINST CHILD SLAVERY TO BE HELD IN
THE CITY OF MIAMI, FROM NOVEMBER 4, 2016 THROUGH
NOVEMBER 13, 2016.
ENACTMENT NUMBER: R-16-0485
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Wifredo (Willy) Gort, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo
ABSENT:
Suarez
Chair Hardemon: RE.10.
Vice Chair Russell: Street art.
Chair Hardemon: This is a resolution of the Miami City Commission supporting
partnering and authorizing the co-sponsorship of the Street Art for Mankind event to
further the fight against child slavery, to be held in the City of Miami from November
4, 2016 through November 13, 2016.
Commissioner Carollo: Move it.
Chair Hardemon: It's been properly moved and seconded by our dear
Commissioner, Commissioner Gort.
Commissioner Gort: Second, yeah.
Chair Hardemon: Any further discussion?
Commissioner Gort: Yeah.
Chair Hardemon: You're recognized.
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Commissioner Gort: I think you all -- the gentlemen are not here. I'm going to give
$5, 000 to -- towards this cause, because I think it's very important, so if any of you
can make a contribution, I'd appreciate it.
Chair Hardemon: Okay. Seeing no further discussion, all in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
REA 1 RESOLUTION
1142 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
Commissioners DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
and Mayor BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF CHADRICK DAVIS UPON HIS
UNTIMELY DEATH.
ENACTMENT NUMBER: R-16-0467
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Yes.
Commissioner Carollo: If I could, could we take up RE.11 ? The Davis family is
present, and I would like for them to be recognized, and our Fire Chief also.
Chair Hardemon: Sure. I can call RE. 11 out of order. RE.11.
Commissioner Carollo: Thank you, Mr. Chairman. And this is, unfortunately,
another life, one that really hits home for us; lost through the senseless epidemic of
youth gun violence, or gun violence in general, and I want to formally request that
my colleagues join me in this resolution, and I will read it for you. A resolution of
the Miami City Commission, expressing deepest sympathy and sincerest condolences
on behalf of the City of Miami and its citizens to the family and friends of Chadrick
Davis, upon his untimely death. Whereas the City of Miami grieves the untimely
death of Chadrick Davis, a two-year veteran of the City's Department of Fire -
Rescue; and whereas Chadrick Davis grew up amongst First Responders, following
in the steps of his father, retired Fire Lieutenant Malcolm "Chip" Davis, and his
godfather, current Fire Chief Maurice Kemp; and whereas Chadrick Davis served as
a First Responder of the City's Department of Fire -Rescue, and was an individual
dedicated to helping others; and whereas his ability to continue to serve as a First
Responder was cut short by a senseless act of gun violence; and whereas the City's
Department of Fire -Rescue will honor his untimely death, allowing his fire hat to
continue to ride along Station 2, the rescue truck he manned; and whereas the City
pauses in its deliberations to recognize Chadrick Davis' life, efforts, to share our
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deepest sympathy and sincerest condolences to his family and friends. And I move
this item, and I would like to recognize Chief Kemp and the members of the Davis
family.
Commissioner Suarez: Second. Discussion.
Chair Hardemon: Properly moved and seconded. You're recognized.
Commissioner Suarez: Thank you, Mr. Chair. Thank you, Commissioner. To the
Davis family, who's here in the audience or who's coming up, there are no words
that we can express that can do -- can you give the comfort that you need for what
you've lost, and we have all lost something. This is not something where the loss is
only yours. The loss is shared by all of us and by this City, because we have lost one
of our own, so I just want you to know that your loss is our loss, and that our prayers
are with you and your family.
Chair Hardemon: You're recognized, Chief Kemp.
Maurice Kemp: Maurice Kemp, Fire Chief. I'd like to thank Commissioner Carollo,
the City Commission, the Mayor, and the City Manager for pausing in your
deliberations to honor this young man and this great family. I've known the Davis
family for 30 years. I'm more like family than a friend to Malcolm, to Tara, and the
godfather of Chad. This was a senseless loss, as the Commissioner said, and I pray
that this can be the impetus for us to work together in some way to make a dent in
this epidemic of gun violence in our community and throughout the country, but we
have to start right herein Miami. So I stand here as a partner with Local 587. And
anybody who wants to work with the Fire Department to bring this issue to light and
to work to educate, to do something -- I don't know what we're going to do; the
problem is huge, but we have to do something. We can't stand by and watch;
otherwise, healthy young men will die senselessly over and over and over again. So
once again, I thank you, and I thank you all personally for reaching out to the Davis
family, for coming to the viewing, coming to the funeral. It means a lot to me, it
means a lot to Malcolm, it means a lot to Tara, and to the whole Fire Department
family. Thank you.
Chair Hardemon: You're recognized.
Commissioner Gort: Chief, my understanding is the -- you guys are hoping to
conduct a march through the neighborhoods. If you do, please let us know, and we
want to be part of it.
Fire Chief Kemp: I will. Freddy Delgado and I have been talking to see what we
can do to get it started and to continue it. I mean, these things happen, and behind
every one of these is a mourning family, and you don't get to see that unless it's
personal to you, as this one is to me, but every one is a tragedy. And we will be
doing something, and we'll keep you guys posted as to what we're doing so that you
can help bring attention to this issue.
Commissioner Gort: We'll be there with you, Chief.
Fire Chief Kemp: Thank you. Thank you.
Commissioner Suarez: Thankyou.
Chair Hardemon: It's been properly moved and seconded. Is there any further
discussion on this item?
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Renita Holmes: Commissioner, I know I just have (UNINTELLIGIBLE) back to
work. On behalf of -- to the family of Chadrick Davis, particularly to his mother, on
behalf of the Women's Association and Alliance Addressing Injustice and Violent
Epidemia [sic] of Women, I feel it would be robbery not to acknowledge you, to take
the time -- more sacrifice for what you have given to raise the awareness. I just want
to say, every time a child -- I'm now given a number, 847. Most folks think that we
count at the end of the year, but I know it doesn't make a difference, because, yes,
you're one, but you are now a survivor; we're not victims, and you have the power in
your story, and we encourage you, and we also embrace you. So please, every
moment and opportunity that you get, you share, because you've made the ultimate
sacrifice, paid the ultimate tax, and has the most powerful message to anyone on
both sides; those who have committed the crimes, and those of us who have suffered
as a result. He's not a martyr, but he lives on in your speech. Thank you so much.
And again, my condolences to you all. We can be of any service, please call us.
Appreciate it. Thankyou, Commissioner, for acknowledging that.
Chair Hardemon: Thank you.
Ms. Holmes. Makes a big difference in everyone's life, because every time one
happens again, each one of us grieve over and over again; and each time you
acknowledge it, you acknowledge it -- our hearts. Thank you.
Berlinda Faye -Dickson: I know the family's walking out. My name is Berlinda
Faye -Dickson, organizer, activist, on the Oversight Board in Overtown. I just want
to give my condolences to the family, and let it be known that there are many of us
boots on the ground, in the cut, in the traps, in the dope holes; I'm one of them, and
working very hard to get out the message. You may not like it, but "Know the
Code"; that, you know, you can't just shoot anywhere. You know what I mean?
Something's got to change. So I -- that's why I started the hashtag "Know the
Code, " for all the deaths, so that we can at least get some education with our
uneducated youth, and maybe help them to then put down the weapons. Thank you.
Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Carollo: Thank you, Mr. Chairman.
Chair Hardemon: You're recognized [sic].
RE.12
RESOLUTION
1143
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON
Commissioners
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
and Mayor
FAMILY, AND FRIENDS OF JOSE FERNANDEZ, AND TO THE
MIAMI MARLINS ORGANIZATION UPON HIS UNTIMELY DEATH.
ENACTMENT NUMBER: R-16-0486
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardenzon: RE. 12.
Commissioner Carollo: Mr. Chairman.
Chair Hardenzon: You're recognized, sir.
Commissioner Carollo: Thank you. RE. 12 is a resolution expressing the deepest
sympathy and sincerest condolences on behalf of the City ofMiami and its citizens to
the family and friends of Jose Fernandez and to the Miami Marlins Organization
upon his timely death -- his untimely death. As we pause in remembrance of the life
of Jose Fernandez, I think we all can agree that Jose was more than just a great
baseball player. He was a grandchild, a son, an expecting father and a friend, and
an inspiration to thousands, if not millions of people. Jose Fernandez tackled life the
sante way he approached the baseball mound; full of cheer and good spirits. From
his infectious smile to his rocket -throwing arm, he brought his sense of purity and
excitement to the gauze that will surely be missed. The stories of his heroic acts both
on and off the diamond will live for generations to conte. Therefore, on behalf of the
City ofMiami Commission, the Marlins Organization, and all of his beloved fans, we
would like to send our deepest condolences and sincerest sympathy to the family and
friends of Jose Fernandez. And I move RE. 12.
Commissioner Suarez: Second.
Chair Hardenzon: Been properly moved and seconded. Is there any further
discussion on RE. 12? Seeing none, all in favor say "aye "
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes.
REA 3
RESOLUTION
1145
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING
MIAMI-DADE COUNTY TO CODESIGNATE A PORTION OF
Commissioners
NORTHWEST 17TH AVENUE BETWEEN NORTHWEST NORTH
and Mayor
RIVER DRIVE TO U.S. 1, IN MIAMI, FLORIDA, AS "JOSE
FERNANDEZ AVENUE"; FURTHER DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICES.
ENACTMENT NUMBER: R-16-0487
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MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardemon: RE. 13.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you. RE. 13 continues with Jose Fernandez, and it's a
resolution of the Miami City Commission urging the Miami -Dade County to co -
designate a portion of Northwest 17th Avenue, between Northwest North River Drive
to US 1, in Miami, Florida, as Jose Fernandez Avenue; further directing the City
Clerk to transmit a copy of this resolution herein to the designated offices. And it's
my understanding that Commissioner Barreiro will be the sponsoring Commissioner
for this item. And as you know, 17th Avenue is a County road; however, in the past,
the City and the County has teamed up to enhance it and work as a team. So, again,
I want to pass this resolution in the City, and then Barreiro -- Commissioner
Barreiro will continue this in the County.
Commissioner Suarez: Second.
Chair Hardemon: It's been properly moved by Commissioner Carollo and seconded
by Commissioner Suarez. Any further discussion? Seeing none, all in favor, say
aye. Py
The Commission (Collectively): Aye.
ChairHardemon.- Motion passes.
RE.14
RESOLUTION
1065
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MIAMI-DADE COUNTY FINANCE DEPARTMENT ("COUNTY
Commissioners
FINANCE DEPARTMENT") AND THE MIAMI-DADE PROPERTY
and Mayor
APPRAISER ("PROPERTY APPRAISER") TO UPDATE THEIR TAX
RECORD SYSTEM TO CORRECTLY REFLECT THE ACTUAL
PROPERTY ZONING CATEGORIES FOR PROPERTIES LOCATED
IN THE CITY OF MIAMI, FLORIDA AND THE OTHER
MUNICIPALITIES IN MIAMI-DADE COUNTY, FLORIDA
("COUNTY"); FURTHER URGING THE COUNTY FINANCE
DEPARTMENT AND THE PROPERTY APPRAISER TO ADD A
DISCLAIMER TO THE FORMS FOR THE ISSUANCE OF TAX
CARDS AND BUSINESS TAX RECEIPTS RECOGNIZING THAT
ISSUANCE OF THE SAME IS SUBJECT TO MUNICIPAL ZONING
AND PERMITTING REGULATIONS OF THE VARIOUS
MUNICIPALITIES WITHIN THE COUNTY.
ENACTMENT NUMBER: R-16-0488
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MOTION TO:
Adopt with Modification(s)
RESULT:
ADOPTED WITH MODIFICATION(S)
MOVER:
Francis Suarez, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardenzon: RE. 14.
Fernando Casamayor (Chief Financial Officer/Assistant City Manager): RE. 14,
Commissioners, is a resolution urging the Miami -Dade County Finance Department
and Miami -Dade County Property Appraiser's Department to update their tax
systems, showing appropriate zoning code uses for properties that are listed online.
Commissioner Suarez: Mr. Chair, this is --
Chair Hardenzon: You're recognized.
Commissioner Suarez: -- my item. The current way that it's set up with the County
tax records, it sort of has -- no offense -- wreaked havoc, particularly since Miami
21, I think. And -- because there is an incongruity. So this would urge -- and it's
really for our citizens' benefit because they -- to the credit of the tax -- the Property
Appraiser and the Tax Collector's Office, they are a source of information, you
know, and, you know, they do a good job of becoming sort of the hub of where
information is obtained from. And we just simply don't want to have a situation
where their information is in conflict in any way with ours, or that people make
purchasing decisions, which, apparently, they do, based on some of the information
that they read, and then they later conte to find out that that's not really the way that
it is. So I just think it's a transparency issue. It's something that, you know, allows
for people who are making decisions to make good decisions and not necessarily
need a lawyer every time that they, you know, want to buy a property, in terms of
having to figure out how it's zoned and how much they can do and what they can't
do, and all that stuff.
Vice Chair Russell: You moving it?
Commissioner Suarez: Yeah. Move it. I move it, yeah.
Chair Hardenzon: Okay.
Vice Chair Russell: Second.
Chair Hardenzon: It's been properly moved --
Victoria Mendez (City Attorney): And --
Chair Hardenzon: -- and seconded by the Vice Chairman.
Ms. Mendez: -- Chairman, there's one sentence, a few words that was repeated in
the resolution, so we just have to strike out in the first line, "A resolution of the
Miami City Commission urging the Miami -Dade County Finance Department, "
because it's already --
Commissioner Suarez: It's duplicated.
Ms. Mendez: -- it's duplicated, so --
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Commissioner Suarez: Yeah, as amended.
Ms. Mendez: -- thank you.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: Let me tell you what the real problem is in that. The -- about
15, 20 years ago, we asked the County to really upgrade the -- all the assessment of
all the properties. So they started looking at the properties. What they did, they had
their planes flying over, looking at the square footage of the properties, and then
they taxed people according to the square footage. What happens is a lot of the
square footage that were added were illegally added to the property. So what
happened is they paid their taxes on the total, and they thought they were not -- they
were in compliance with the City of Miami, also, and that's when some of the
problems came in. They believed because they paid their taxes for the whole
property, although they in violation of the Codes that they think they're -- they
already taken care of that.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you. And I understand this is a resolution urging the
County, but are they incentivized to cooperate if they are collecting in this case and
others probably more tax than they should, based on the designation they show, the
land use and zoning designation they show versus the reality of what we would
allow, which might have less capacity? Can you speak to that a little bit, in terms of
how we will work together with them to get a actual forward motion on this?
Mr. Casamayor: I know the former Tax Collector, as well as the current Tax
Collector have worked very, very hard in their -- the last few years, in order to
improve the information; the presentation of the information that's presented to
individuals when they go and use the online tax system, as well as the efficiency of
providing for that information. The Tax Collector's Office simply reports what the
Property Appraiser tells them to report when it comes to property information. Now,
I know the Property Appraiser's Office has also spent a considerable amount of time
and effort improving their online presence and the systems that they use in order to
portray accurate information, as well. The Property Appraiser is ultimately
responsible for valuation of property, including square footage, dollars per, highest
and best use; all of those categories. They are immune from whether or not the taxes
go up or go down. Their job is to assess the value, and strictly and only the value.
The Tax Collector will collect the taxes; has nothing to do with values. So I cannot
imagine that you would find any resistance regarding lowering of values, if the
information that is provided would lead to that.
Vice Chair Russell: Could we get an update in a couple months to see what the
feedback was from the County and how we're doing with this?
Mr. Casamayor: Yes. In fact, I'll be meeting the Tax Collector and former Property
Appraiser this weekend, so I'll make sure I tell them very quickly that this passed, if
it passes.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Now, part of the system is the square footage; am I correct?
Not the zoning?
Mr. Casamayor: It is a piece of the formula that is used for assessing property.
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Chair Hardenzon: Any further discussion? Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes.
END OF RESOLUTIONS
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/_lew_TA9to] NkiIWKS]IINIki III W]**9[07 ki
ACA ATTORNEY-CLIENT SESSION
1064 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI
Attorney COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE FOLLOWING CASE:
INTERSTATE PROPERTY HOLDINGS, LLC V. CITY OF MIAMI,
CASE NO. 15-008371 CA 25, BEFORE THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M.
(OR AS SOON THEREAFTER AS THE COMMISSIONERS'
SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE
HOUR LATER. THE SESSION WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO,
AND FRANCIS SUAREZ; THE ACTING CITY MANAGER,
FERNANDO CASAMAYOR; THE CITY ATTORNEY, VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION
CHRISTOPHER GREEN; AND ASSISTANT CITY ATTORNEY
FORREST ANDREWS. A CERTIFIED COURT REPORTER WILL
BE PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON CHAIRING THE COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): (UNINTELLIGIBLE) concluded the first
shade meeting. I'm now going to make the announcement for the second one. On
September 29, 2016, under the provision of Section 286.011(8) Florida Statutes, the
City Attorney requested this City Commission meet in private to discuss pending
litigation in the following case: Interstate Property Holdings, LLC (Limited Liability
Company) versus City of Miami, Case Number 15-008371 CA 25, before the Circuit
Court of the 11 th Judicial Circuit, in and for Miami -Dade County, to which the City
is presently a party. The City Commission approved the City Attorney's request and
now, at approximately 4 o'clock p.m., commence a private attorney-client session
under the parameters of Section 286.011(8) Florida Statutes. The private attorney-
client session will conclude approximately one hour later. This session will be
attended by the members of the City Commission, which include Chairman Keon
Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo "Willy" Gort,
Frank Carollo, and Francis Suarez; the acting City Manager Fernando Casamayor;
City of Miami Page 79 Printed on 11/15/2016
City Commission Meeting Minutes October 13, 2016
City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby
Min; Division Chief for General Litigation Christopher Green and Assistant City
Attorney Forrest Andrews. A certified court reporter will be present to ensure the
session is fully transcribed, and the transcript will be made public upon the
conclusion of the litigation. At the conclusion of the attorney-client session, the
regular City Commission meeting will be reopened and the person chairing the
Commission meeting will announce the termination of the attorney-client session.
Thank you, Mr. Chairman.
Chair Hardemon: The meeting is in recess to --for the attorney-client session.
AC.2 ATTORNEY-CLIENT SESSION
1066 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI
Attorney COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASE OF: SECURITIES AND
EXCHANGE COMMISSION V. CITY OF MIAMI, FLORIDA AND
MICHAEL BOUDREAUX, CASE NO. 13 -CV -22600, PENDING IN
THE UNITED STATED DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS
THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE
ATTENDED BY THE MEMBERS OF THE CITY COMMISSION:
CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL,
AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK
CAROLLO, AND FRANCIS SUAREZ; THE ACTING CITY
MANAGER, FERNANDO CASAMAYOR; THE CITY ATTORNEY,
VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A.
GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY
ATTORNEY HENRY J. HUNNEFELD; DIVISION CHIEF FOR
GENERAL LITIGATION CHRISTOPHER A. GREEN; THOMAS
SCOTT, ESQ.; AND SCOTT COLE, ESQ. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THE
SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL
BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-
CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE
ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION
MEETING WILL BE REOPENED AND THE PERSON CHAIRING
THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Todd B. Hannon (City Clerk): Chair, I believe the City Attorney needs to read a
statement before you recess.
Chair Hardemon: Sure.
Victoria Mendez (City Attorney): Yes, thank you. On September 29, 2016, under the
provisions of Section 286.011(8) Florida Statutes, I requested that the City
Commission meet in private to discuss pending litigation in the case of Securities
City of Miami Page 80 Printed on 1111512016
City Commission Meeting Minutes October 13, 2016
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, to which the City is presently a party. The City
Commission approved my request, and will now, at approximately 3:10 commence a
private attorney-client session under the parameters of Florida Statute Section
286.011(8). The private attorney-client session will conclude approximately within
the hour. The session will be attended by members of the City Commission, which
include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners
Wifredo "Willy" Gort, Frank Carollo and Francis Suarez; the acting City Manager,
Fernando Casamayor; myself, the City Attorney, Victoria Mendez; Deputy City
Attorney John Greco and Barnaby Min; Senior Assistant City Attorney Henry
Hunnefeld; Division Chief for General Litigation Chris Green; Tom Scott, Esquire
and Scott Cole, Esquire. A certified court reporter will be present to ensure that this
session is fully transcribed, and the transcript will be made public upon conclusion
of the litigation. At the conclusion of the attorney-client session, the regular
Commission meeting will be reopened, and the person chairing the Commission
meeting will announce the termination of the attorney-client session. Thank you.
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AC.3 ATTORNEY-CLIENT SESSION
1136 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI
Attorney COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION CASES: VILLAGE OF KEY BISCAYNE
V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT
COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY
BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE
MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824,
BEFORE THE THIRD DISTRICT COURT OF APPEAL; AND
VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-
02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M.
(OR AS SOON THEREAFTER AS THE COMMISSIONERS'
SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE
HOUR LATER. THE SESSION WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO,
AND FRANCIS SUAREZ; THE ACTING CITY MANAGER,
FERNANDO CASAMAYOR; THE CITY ATTORNEY, VICTORIA
MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND
BARNABY L. MIN; DIVISION CHIEF FOR LAND
USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT
CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L.
ANDREWS. A CERTIFIED COURT REPORTER WILL BE
PRESENT TO ENSURE THAT THE SESSION IS FULLY
TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC
UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT
SESSION, THE REGULAR COMMISSION MEETING WILL BE
REOPENED AND THE PERSON CHAIRING THE COMMISSION
MEETING WILL ANNOUNCE THE TERMINATION OF THE
ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Barnaby Min (Deputy City Attorney): I have a third announcement, please. On
September 29, 2016, under the provisions of Section 286.011(8) Florida Statutes, the
City Attorney requested that the City Commission meet in private to discuss pending
litigation in the following cases: Village of Key Biscayne versus City of Miami, Case
Number 15-200 AP, before the Circuit Court of the 11 th Judicial Circuit, in and for
Miami -Dade County, Appellate Division; Village of Key Biscayne versus City of
Miami and National Marine Manufacturers' Association, Case Number 3D 15-2824,
before the Third District Court ofAppeal; and Village of Key Biscayne versus City of
Miami, Case Number 15-02997 CA 09, before the Circuit Court of the 11th Judicial
Circuit, in and for Miami -Dade County, to which the City is presently a party. The
City Commission approved the City Attorney's request, and now, at approximately
4:30 p.m., commence a private attorney-client session under the parameters of
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Florida Statute Section 286.011(8). The private attorney-client session will conclude
approximately one hour later. The session will be attended by members of the City
Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell,
Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; acting
City Manager Fernando Casamayor; City Attorney Victoria Mendez; Deputy City
Attorneys John Greco and Barnaby Min; Division Chief for Land Use and
Transactions Rafael Suarez -Rivas and Assistant City Attorneys Kerri McNulty and
Forrest Andrews. A certified court reporter will be present to ensure that the session
is fully transcribed, and the transcript will be made public upon the conclusion of the
litigation. At the conclusion of the attorney-client session, the Commission meeting
will be reopened, and the person chairing the Commission meeting will announce the
termination of the attorney-client session. Thank you, Mr. Chairman.
Chair Hardemon: Thank you very much. This meeting will be in recess until we
complete our attorney-client session.
END OF ATTORNEY CLIENT SESSION
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*fn *97ilN33'we1kiUZ4197iv, liv, lkaIII ;I*'?
BC.1 RESOLUTION
1063 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...............
RESULT: NO ACTION TAKEN
BC.2 RESOLUTION
1067 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
RESULT: NO ACTION TAKEN
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BC.3 RESOLUTION
1068 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED
HEREIN.
APPOINTEE: NOMINATED BY:
BCA
1069
Chair Keon Hardemon
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: NO ACTION TAKEN
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Frank Carollo
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: NO ACTION TAKEN
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BC.5 RESOLUTION
1070 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF
CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
Civilian Investigative Panel
RESULT: NO ACTION TAKEN
BC.6 RESOLUTION
1071 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Hermant Patel
(Term ending 10/13/2019)
Eduardo Moralejo
(Term ending 10/13/2017)
ENACTMENT NUMBER: R-16-0489
NOMINATED BY:
Vice Chair Ken Russell
Commissioner Francis Suarez
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... .................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
A motion was made by Commissioner Suarez, seconded by Vice Chair Russell, and
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was passed unanimously, to appoint Eduardo Moralejo as a member of the Code
Enforcement Board; further waiving the term limits of Section 2-885(b) by a
unanimous (5/5) vote of the members of the City Commission, as it relates to
Eduardo Moralejo as a member of the Code Enforcement Board
Chair Hardemon: Boards and Committees.
Todd B. Hannon (City Clerk): BC. 6, Code Enforcement Board: Vice Chair Russell
will he appointing Hermant Patel; and Commissioner Suarez will he reappointing
Eduardo Moralejo, with a five -five term waiver.
Commissioner Suarez: Move it.
Chair Hardemon: Been properly moved.
Vice Chair Russell: Second.
Chair Hardemon: And seconded. Any further discussion? Hearing none, all in
favor, say „aye "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.7 RESOLUTION
1072 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
RESULT: NO ACTION TAKEN
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BC.8 RESOLUTION
1073 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Indiana Sanchez
Manuel Hartman
ENACTMENT NUMBER: R-16-0490
Mayor Tomas Regalado
Commissioner Francis Suarez
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... .................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Todd B. Hannon (City Clerk): BC.8: Mayor Regalado will he appointing Indiana
Sanchez, and Commissioner Suarez will he appointing Manuel Hartman.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardenzon: Been properly moved and seconded. Any further discussion?
Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes.
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BC.9 RESOLUTION
1074 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Member)
(Ex -Officio Non -Voting Youth
Member)
RESULT: NO ACTION TAKEN
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Francis Suarez
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
City Manager Daniel J. Alfonso
BC.10 RESOLUTION
1075 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES:
Aurelus Dorvil
Corey Taylor
ENACTMENT NUMBER: R-16-0491
NOMINATED BY:
Commissioner Francis Suarez
AFSCME 871
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
A motion was made by Commissioner Suarez, seconded by Commissioner Carollo,
and was passed unanimously, to appoint Aurelus Dorvil as a member of the Equal
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Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by
a unanimous (5/5) vote of the members of the City Commission, as it relates to
Aurelus Dorvil as a member of the Equal Opportunity Advisory Board
Todd B. Hannon (City Clerk): BC.10: Equal Opportunity Advisory Board:
Commissioner Suarez will be reappointing Aurelus Doravil with a 5-5 term waiver;
and AFSCME (American Federation of State, County and Municipal Employees) 871
will be reappointing Corey Taylor.
Commissioner Suarez: Move it; quick discussion.
Chair Hardemon: It's been properly moved and seconded. Discussion.
Commissioner Suarez: Just -- which this obviously applied there, the term limit
waiver, because I know this is a sensitivity for the Vice Chair. They still have the
one extra year, and then they have to move on, correct? So I just want to be clear on
that issue. And I've informed, you know, my board members.
Mr. Hannon: I mean, they can continue to serve, as long as the Commission
provides the waiver.
Commissioner Suarez: Okay.
Mr. Hannon: So it'll be good for one year, and then it'll be back before you again in
another year.
Commissioner Suarez: Got it.
Mr. Hannon: And you have the opportunity to either grant it or deny it.
Vice Chair Russell: I got vetoed.
Commissioner Carollo: Yeah.
Commissioner Suarez: Oh, you got vetoed on that one. I forgot.
Commissioner Carollo: Yes.
Commissioner Suarez: Because I had already started informing my board members,
like, "Hey, this is the last one. " They were pretty cool with it, too. Sorry.
Chair Hardemon: BC. 10 --
Commissioner Suarez: Forgot about that.
Chair Hardemon: -- any further discussion? Hearing none, all in favor, say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Suarez: I forgot.
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BC.11 RESOLUTION
1076 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
RESULT: NO ACTION TAKEN
BC.12 RESOLUTION
1114 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT
TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
Luis Fernandez
(AFSCME Local 1907)
Elizabeth Warwick
(AFSCME Local 1907)
ENACTMENT NUMBER: R-16-0492
NOMINATED BY -
Commission -At -Large
Commission -At -Large
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... .................
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Todd B. Hannon (City Clerk): BC. 12, General Employees and Sanitation Employees
Retirement Trust: AFSCME (American Federation of State, County and Municipal
Employees) Local 1907 will be reappointing Luis Fernandez and Elizabeth Warwick.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
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Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing
none, all in favor say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.13 RESOLUTION
1078 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Mayor Tomas Regalado
RESULT: NO ACTION TAKEN
BC.14 RESOLUTION
1079 A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE MIAMI BAYSIDE FOUNDATION INC., FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Louis McMillian Commissioner Francis Suarez
ENACTMENT NUMBER: R-16-0493
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Todd B. Hannon (City Clerk): BC. 14, Miami Bayside Foundation: Commissioner
Suarez will he reappointing Louis McMillan.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded. Any further discussion? Hearing
none, all in favor say "aye "
The Commission (Collectively): Aye.
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Chair Hardemon: Motion passes.
BC.15 RESOLUTION
1080 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Francis Suarez
Commission -At -Large
RESULT: NO ACTION TAKEN
BC.16 RESOLUTION
1081 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
City Manager Daniel J. Alfonso
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RESULT: NO ACTION TAKEN
BC.17 RESOLUTION
1077 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE PATRICIA AND PHILLIP FROST MUSEUM OF SCIENCE BOARD OF TRUSTEES
FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Sandra Forges Commission -At -Large
ENACTMENT NUMBER: R-16-0494
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Todd B. Hannon (City Clerk): BC. 17, Patricia and Phillip Frost Museum of
Science: Commissioner Suarez will he appointing Sandra Forges to an at -large
seat.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardenzon: Properly moved and seconded. Any further discussion? Hearing
none, all in favor say "aye "
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes.
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BC.18 RESOLUTION
1082 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES: NOMINATED BY:
BC.19
1083
RESULT: NO ACTION TAKEN
RESOLUTION
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED
HEREIN.
APPOINTEE:
NOMINATED BY:
Vice Chair Ken Russell
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: NO ACTION TAKEN
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BC.20 RESOLUTION
1084 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (DDRB) FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ...............
RESULT: NO ACTION TAKEN
BC.21 RESOLUTION
1085 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomas Regalado
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
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RESULT: NO ACTION TAKEN
BC.22 RESOLUTION
1086 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A
MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Steven Wernick Commissioner Francis Suarez
ENACTMENT NUMBER: R-16-0495
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Francis Suarez, Commissioner
SECONDER:
Frank Carollo, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Todd B. Hannon (City Clerk): BC. 22, Waterfront Advisory Board: Commissioner
Suarez will he reappointing Steven Wernick.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardenzon: Properly moved and seconded. Any further discussion? Hearing
none, all in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardenzon: Motion passes.
Mr. Hannon: Thank you, Chair.
Chair Hardenzon: Thank you very much.
Commissioner Suarez: Thank you. Good job, man. That was a record.
END OF BOARDS AND COMMITTEES
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31 a 3l61'1fl11:111107kiI111114iv, 61
DIA DISCUSSION ITEM
1005 PRESENTATION BY NEIGHBORHOOD ENHANCEMENT TEAM
Department of NET (NET) ADMINISTRATION.
Administration
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: DISCUSSED
Chair Hardemon: Discussion item DI.1. Is there a NET (Neighborhood
Enhancement Team) presentation?
Vanessa Acosta: Good afternoon. Vanessa Acosta, director, Department of NET.
While there was a very, very fabulous presentation that included slides and all about
a year ago, most of the stuff has been implemented. So, basically, at this point, what
I'd like to be able to do is give you an update on new initiatives in that, plus also, as
a lot of you say, have time, now that the five of you are here to see what additional
items you'd like to see within your NET offices. To date, we've been working with the
County, and are almost at the finish line with bringing Golden Passport to three of
our offices, the ones with the most traffic, so residents no longer have to head all the
way down to County Hall to be able to obtain those. We started working with them,
additionally, to see what other programs we can bring to our residents. Our NET
offices have gone live with the POS (Point of Sale) system, with the help of Finance,
so now, you can pay a little more streamlined within our offices. We have started
working with Code to hit door to door, start visiting our different businesses, our
residents. Different areas we've attacked through different maps to try and see how
we visit and canvass home to home, business to business, to remind people that what
you -- what this Commission started so many years ago is still alive and well. We
have outposts throughout the City to be able to work with our residents locally in
their neighborhoods. As you have all seen, now the holidays are upon us. Amongst
the different things that come about are the different turkey drives, gift drives, and
all of that. Those are combined still with our daily duties and responsibilities of
making sure that the different neighborhoods are kept clean and debris is picked up
on a regular basis. I'd like to see if there's anything -- I've spoken, I think, with a
couple of you with regards to the different issues and concerns that you have in your
offices. If there's anything that you'd like NET to be able to work to see if we can
bring to the offices in your areas, I'd love to be able to hear it.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: Let me ask you a question. What additional service are you
looking to provide within the NET office? Because I remember at one time, we were
able to get these -- the certificate of use and all the licenses, and so on.
Ms. Acosta: Currently, we are able to provide certificate of use application services
if there are no changes of use to the certificate of use. We're able to assist in
business tax receipt applications. We work with residents to be able to provide free
tax services. Currently, with the way that things are working in the POS system,
we'll be able to allow them to pay for things like their burglar alarm permit and all
of those things in our NET offices. Additionally, some of these services are found
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online; but, as most of you know, not all of our residents are online, so they conte to
our office. Even though they can do it on their own, we sit and work them through
these processes. Additional things now are the Golden Passport that we're looking
at. And we've been speaking, also, with the Federal Government, to see if any of our
offices would be eligible for an actual passport location.
Commissioner Gort: Todd, they want to take business away from you. Question:
You heard about the comments we talked about, the lots; that we want to find out
how many empty lots we have. And one of the things I mentioned, that should be a
responsibility of the NET office.
Ms. Acosta: We've been meeting on that. I don't know how much of it was discussed
at -- under the direction of Assistant City Manager Alberto Parjus -- for the past
couple of weeks. And we are working hand in hand with Police and with Code
Enforcement. We're working to collect a list of vacant lands; not only privately
owned, but City -owned, County -owned, FDOT (Florida Department of
Transportation) -owned. There are quite a few players in this, and we're trying to
assemble all of these lists of which they are, and I believe Alberto had asked us to
work to keep a repository of this information.
Commissioner Gort: Thank you.
Chair Hardemon: Any further discussion?
Vice Chair Russell: Sure. Yes, please.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: I'll yield to Commissioner Russell.
Vice Chair Russell: Thank you. Could I -- I know that in -- I'm sorry. In Coconut
Grove and downtown, we've got issues on our NET office. Can you give me an
update on where we are with the downtown NET office that was going to go into the
Olympia? Is that still happening? And then in the West Grove, have we found a
solution for a NET office? I know -- because you're leaving the Oak Avenue Garage
at some point and hoping to move west.
Ms. Acosta: In the downtown office, we're currently finalizing sending our red line
of the agreement to the landlord, so that's already -- almost ready to come to
Commission. The Olympia was very gracious. We will have very de minimis
amounts of rent for that space, so we should be between the -- what we have to do, I
would say, early next year, moving in, in terms of the work that has to be done to the
office itself. And with the West Grove, I believe we had been looking at what was the
old PAL (Police Athletic League) Gym as a potential option. There's very little real
estate left in the West Grove, so even that's become difficult to find a spot to house
us.
Vice Chair Russell: And for the downtown one, you have two new additional NET
workers; that'll be Joy and Will there. Are -- is there room in that spot for them? Is
that spot big enough that we have --? You know, because before, we weren't -- we
were a couple people less.
Ms. Acosta: The NSWs (Neighborhood Service Workers) technically don't work out
of the offices. They work out of their trucks, and they're bouncing around
throughout all the different offices, doing pick-ups and deliveries. The office should
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be ample enough for the different people conning through it.
Vice Chair Russell: What's our timeline for that, do you think?
Ms. Acosta: That office --?
Vice Chair Russell: Build -out.
Ms. Acosta: -- the NSW's or the office?
Vice Chair Russell: The office being open.
Ms. Acosta: I would say early next year.
Vice Chair Russell: Thank you.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. What's the status of the ceiling
in the Little HavanalRoads NET Office?
Ms. Acosta: The status of? Excuse me?
Commissioner Carollo: The ceiling.
Ms. Acosta: At this juncture, that's not something I'm a hundred percent sure of. I
don't know what --
Commissioner Carollo: Well --
Ms. Acosta: -- who would be able to best handle that.
Commissioner Carollo: It seems like they have buckets all over --
Ms. Acosta: It's --
Commissioner Carollo: -- that office, because they have leaks, you know, and --
Ms. Acosta: Assessments have been done, sir. I think CIP (Capital Improvements
Program) was working hand in glove with GSA (General Services Administration) to
try and give us a final number of how we're going to address -- actually, it's the roof
there that we're having an issue with. When that building was completely renovated,
they renovated the interior, but the roof was not redone, so I believe the roof is a
roof that's about 20 years old. I believe Mr. Falero can probably correct me on the
age, if I'm off a couple years. So I believe they were looking at prices for the roof
itself, and a couple of other arrangements. Was I off, like 20 years? I can research.
deovanny Rodriguez (Director): Good afternoon, Commissioners. Jeovanny
Rodriguez, Office of Capital Improvements. That building, that roof on the building,
when the renovations was done, the roof was never done, so we're now working and
trying to get a price together to just come in and redo the roof at this time, but we
don't have that estimate at this time.
Commissioner Carollo: How long is it going to be? Because in the meantime, I've
seen the working conditions of our employees there, and they literally have buckets
under -- I mean on their desks because of all the leaks.
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Mr. Rodriguez: Okay. Commissioner, I was recently told -- that's where we're
working and trying to get the estimate, and trying to get that as soon as we can.
Commissioner Carollo: Okay. Could you give me an update by next Commission
meeting?
Mr. Rodriguez: Absolutely.
Commissioner Carollo: Thank you.
Commissioner Gort: Which office is this?
Commissioner Carollo: This is on 12th Avenue. Remem --
Commissioner Gort: 12th Avenue.
Commissioner Carollo: -- remember, that it was --
Commissioner Gort: Right, right. Yeah, yeah. I (UNINTELLIGIBLE).
Commissioner Carollo: -- renovated and all that.
Commissioner Gort: It used to be afire station at one time. I remember.
Commissioner Carollo: Exactly.
Ms. Acosta: I have -- one additional item that I forgot to mention was a partnership
between NET and our Grants Department. All of you -- I've been -- we've been
trying to schedule meetings with you with regards to a new "I Play Grant, " which
basically will fund us to be able to create, either on dead-end streets or on vacant
lots, a play space. This activated play space will not include anything that you can
lift, attach, but it's painted on and/or drawn on. The grant was for roughly three
months. We're looking to put these online around December in the different areas;
end of NovemberlDecember, so that children can actually take advantage of different
activities that are on the street, not necessarily in parks. We're looking at areas that
don't have as many parks to actually be able to locate these, and through meeting
with your offices, we're trying to arrive at the best locations.
Chair Hardemon: Okay. Is there any further discussion?
Vice Chair Russell: Yes, please.
Chair Hardemon: You're recognized, sir.
Vice Chair Russell: I'm sorry. I meant to ask you, the two additional NSWs, can you
confirm that those are for downtown; that they'll be working under Will?
Ms. Acosta: Downtown Brickell.
Vice Chair Russell: Downtown Brickell?
Ms. Acosta: Yes, sir.
Vice Chair Russell: And I had one other question. 3-1-1, is there a further long-
term plan of further integrating NET with 3-1-1?
Fernando Casamayor (Chief Financial Officer/Assistant City Manager):
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Commissioner, yes. And eventually, the vision that I know the Manager has for our
NET offices is eventually have a small City Hall in, you know, the neighborhoods,
where services can be provided at City Hall. Granted, you know, there may be some
complicated services that can only be done at City Hall or at the MRC, but simplified
services that can be provided should be provided at our NET offices. It should be a
small City Hall in your neighborhoods, and that's the vision that we have for our
NET offices; and then, including that they are the eyes and ears of our community,
they need to know what's going on in that neighborhood, and an extension of the
neighborhood itself should be the NET offices. So clearing the bureaucracy at times
of dealing with government is going to be --is NET's job. That's the vision I have for
NET is to be those expediters that help people deal with the red tape that is created
by government.
Vice Chair Russell: Thank you, but I was speaking more toward 3-1-1 integration.
I'm sorry, did I cut you off? I apologize. 3-1-1 integration. There were ideas of the
call center, you know, them being the hub of the City's 3-1-1 calls, so that they
shepherd all 3 -1 -1 -related issues, so they can keep track of them, because right now,
they go some different ways, based on how they're routed; directly to department,
some 3-1-1 can be generated from a Commissioner's office, some from the NET. It's
not really a unified system.
Mr. Casamayor: Right. And it's -- this is probably a solution that's beyond just this
discussion regarding NET. Dealing with the 3-1-1 distribution system is what we'll
call it, it's -- you know, at the moment, we're utilizing the NET offices to be the
distributor of things, because they tend to be the place where -- "the catchall" is
what we'll call it. Eventually, we would like to have a technological solution that'll
do that for us, and utilize the NET offices again, more as expediters. If you have -- I
have no other word for it other than that, regarding City services. A direct link with
the County's 3-1-1 system, regarding the information coming through, it's a two-way
street. We need them to make some changes to their system, but it also requires us to
make some changes to our knowledge base that is utilized by the 3-1-1 call center to
give out information, and we're working on that. We hired Mr. Mike Sarasti at 3-1-1
at the County, and he's here, helping us with the bridge that we need to build on that
side to 3-1-1. So if you'd like a presentation regarding what we're doing with 3-1-1
at a later date, we can certainly schedule and do that, possibly have a discussion
item doing so.
Vice Chair Russell: I would --for me, it's -- I'm sorry.
Chair Hardemon: No, go ahead.
Vice Chair Russell: It's a customer service issue that, when someone calls 3-1-1, the
less people handling them, the better. And if there is a central person that is the --
their go -to point person, no matter where it gets farmed out into any department, and
I thought -- you know, my personal observation is that NET office is most naturally
in tune to be that hub. That's obviously a managerial decision for you all to make,
but I was just wondering if you do have a plan, because right now, when someone
calls, they can get bounced around and dead -ended, and it really -- it gets them
aggravated quickly.
Mr. Casamayor: Yes, Commissioner, we do, and that's the idea, is to have --
currently, right now, since we don't have a technical solution that'll kind of replace
the NET office to do that, it is their role. The thing is, if the 3-1-1 call center at the
County isn't aware of who to talk to regarding the issue -- I mean, when they call 3-
1-1, they pull up a computer system based on key words that you give them when you
call them, and it gives this knowledge base, which is what it is that you may be
asking about. If the information that is provided in that knowledge base to the agent
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doesn't speck who the complaint goes to, it's up to the agent at the 3-1-1 call center
to make -- to figure out where it's going to go. More often than not, sometimes they
can send it to the wrong place; not because the call center agent is, you know, is
wrong; it's just because the information that was provided to them -- and most of the
time, by us -- is incorrect. So we have to fix that knowledge base first, and we're
working on that.
Vice Chair Russell: Thank you.
Chair Hardemon: Thank you. Commissioner Gort.
Commissioner Gort: I have to tell you, 3-11, I tell people, "Don't use it. Call my
office and we'll take care of it, " because it becomes a major problem. I mean, we do
need to centralize it. Sometimes, they're answered by individual, they don't know
what they're talking about, they give the wrong answers. And we really need to work
on that one, because I tell people -- they call me after they been waiting for a month.
"You know, I made a phone call. They told me I was going to" -- "they gonna" -- "it
was going to be done within a week, " so they expect it to be done in a week. After a
month, then they call my office. So I tell them, "From now on, just call us. "
Chair Hardemon: Any further discussion? Seeing none, thank you very much.
D1.2
DISCUSSION ITEM
1022
STATUS REPORT REGARDING: 1) WHETHER OR NOT THE
ADDITIONAL OUTDOOR SEATING PROVIDED BY THE
Department of Real
REVOCABLE LICENSE AGREEMENT WITH CROCODILE
Estate and Asset
CANTINA, INC. D/B/A MAMBO CAFE, GENERATES ENOUGH
Management
INCREASED REVENUE TO ALLOW THE RESTAURANT TO
PROVIDE ITS EMPLOYEES WITH A $15 PER HOUR MINIMUM
WAGE; AND 2) WHETHER OR NOT THE RENT BEING CHARGED
THROUGH THE REVOCABLE LICENSE AGREEMENT IS FAIR
MARKET VALUE.
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: DISCUSSED
Chair Hardemon: DI2.
Commissioner Gort: Thanks.
Chair Hardemon: The status of the revocable license agreement with Mambo Cafe.
Daniel Rotenberg: Good afternoon, Commissioners. Daniel Rotenberg, director of
Department of Real Estate and Asset Management. We were asked to bring back a
re -- status report regarding whether or not the additional seating provided by the
revocable license agreement with Mambo Cafe would generate enough increased
revenue to allow the restaurant to award its employees with a $15 -per -hour
minimum wage; and two, whether or not the rent being charged for the revocable
license is fair market value. So the first question: Pretty much, what we found out,
just from our own numbers and speaking with the owner, he would be paying
approximately $54,000 a year to get back about 36,000, so it's not in his best
interests. And the fair market value, through an appraisal that we did, fair market
value for the outdoor seating was about $20 a square foot, and we're getting 22. So
the answer to that is we are getting fair market value.
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Chair Hardemon: Thank you.
Vice Chair Russell: Thank you, Mr. Rotenberg. The Mambo group came to my
office and gave a really excellent presentation on something we brought up in the
initial discussion, which had to do with raising minimum wage amongst their staff.
And something that we had discussed here that we didn't all fully understand at the
time was how to account for tip staff. And I was very surprised to learn -- and I
don't have the chart in front of me -- but he actually showed when he broke it down
that all of his tip staff does make $15 or more.
Commissioner Suarez: More.
Mr. Rotenberg: Yes.
Vice Chair Russell: It's a very had night if they were to make less than 15, and on
average, they do. Once they calculate their tips, break it down by hour, they're safe;
they're in the -- they're in a good zone. The -- it seems that the staff that would
concern them is obviously non -tip staff:the wash -- the cooks, the wash --
Mr. Rotenberg: Busboys, the cooks, correct.
Vice Chair Russell: -- busboys, that sort of thing. And so I -- you know, I wanted to
learn more about, you know, what it would take for that -- what that cost would be to
bring that part of their staff up to a living wage, as well. And if I understand
correctly, you're saying 54, 000 a year would be the additional cost that they would
have, which doesn't make it worth it to lease out those extra -- how many chairs?
(UNINTELLIGIBLE).
Mr. Rotenberg: That's correct. We looked at the busboys, we looked at the two
hostesses. Was it 16 or 12 seats? It wasn't enough space. It was 16? 16 spaces.
So, yes. With tips, the waiters and waitresses do earn about $15 an hour. The
additional staff, it would be a burden on him, and he'd rather just not take the space.
Vice Chair Russell: I understand. And he convinced me mostly by the argument that
we'd be creating an un -level playing field amongst his competitors within that area if
we brought it in this way. And so, for that, certainly, I backed off of that initiative.
But I am very much looking forward to bringing other living wage initiatives. We
just initiated at the DDA (Downtown Development Authority) for the entire
Ambassador team to be brought to $15, and they were in the director's office, you
know, bringing tears to her eyes, and the change that that's bringing to their lives
and their kids. And so, I'm an advocate for this, but it's got to be done in the right
way. It's got to make sense for business. And thank you for analyzing that for us.
Chair Hardemon: Thank you.
Mr. Rotenberg: Thank you.
END OF DISCUSSION ITEMS
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PART B: PZ - PLANNING AND ZONING ITEMS)
The following item(s) shall not be considered before 2:00 PM
Chair Hardemon: Madam City Attorney, could we move on to the Planning & Zoning
section of the meeting?
Victoria Mendez (City Attorney): Thank you, Chairman. I'll state the procedures to be
followed during this 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, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami
21 Code. Any person may be heard by the City Commission through the Chair for not
more than two minutes on any proposition before the City Commission, unless modified
by the Chair. If the proposition is being continued or rescheduled, the opportunity to be
heard may be at such later date before the City Commission takes action on the
proposition. The Chairman will advise the public when the public may have the
opportunity to address the City Commission during the public comment period. When
addressing the City Commission, the member of the public must first state his or her
name, his or her address, and what item will be spoken about. A copy of the agenda titles
will be available at the City Clerk's Office and at the podium for your ease of reference.
Staff will then briefly present each item to be heard. The order of presentation shall be
as described in the City Code and Miami 21 Code. All persons testifying must be sworn
in. The City of Miami requires that any person requesting action by the City Commission
must disclose before the hearing anything provided to anyone for agreement to support
or withhold objection to the requested action. Any documents offered to the City
Commissioners that have not been provided seven days before the meeting as part of the
agenda items will be entered into the record at the City Commission's discretion. Thank
you.
Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you will be
speaking on item PZ. 1, may I please have you stand and raise your right hand? Chair,
there is no one to be sworn in, so you may proceed.
Chair Hardemon: Okay. I open the floor for public comment for the PZ items. Is there
anyone from the public that'd like to discuss any of the items on PZ agenda? Seeing
none, I'll close the public comment section at this time.
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PZ.1
ORDINANCE Second Reading
1058
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of
ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE
Planning and
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
"DEFINITIONS",
Zoning
AMENDING ARTICLE 1, ENTITLED SUBSECTION
"INDUSTRIAL",
1.1(H), ENTITLED TO INCLUDE CONCRETE
BATCHING PLANTS; BY AMENDING ARTICLE 6, TABLE 13; AND BY
AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL
REGULATIONS", TO ADD SECTION 6.5, ENTITLED "INDUSTRIAL
USES" AND SUBSECTION 6.5.1, ENTITLED "CONCRETE
BATCHING PLANTS", TO ESTABLISH REGULATIONS FOR
CONCRETE BATCHING PLANTS IN D2 "INDUSTRIAL" TRANSECT
ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
ENACTMENT NUMBER: 13641
MOTION TO:
Adopt
RESULT:
ADOPTED
MOVER:
Wifredo (Willy) Gort, Commissioner
SECONDER:
Francis Suarez, Commissioner
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Chair Hardenzon: PZ. 1.
Francisco Garcia: Thank you, sir. For the record, Francisco Garcia, Planning &
Zoning director. Item PZ.1 is before you as the second reading for the amendment to
Miami 21, the Zoning Ordinance, to include a new use: concrete batching plants.
And this new use is only going to be available in industrial areas and through a
warrant process, distance from single-family residences, and also subject to a
number of criteria that are set forth in the ordinance that make it rather restrictive,
and ensure that the result is one that can be positive for the City. I'm happy to
answer any questions you may have.
Commissioner Gort: Move it.
Chair Hardenzon: Been properly moved and --
Commissioner Suarez: Second.
Chair Hardenzon: -- it's properly moved by Commissioner Gort; seconded by
Commissioner Suarez. Is there any further discussion on PZ. 1 ? Seeing none, all in
favor, say "aye "
Commissioner Gort: Aye.
Todd B. Hannon (City Clerk): It's an ordinance.
Chair Hardenzon: An ordinance.
Victoria Mendez (City Attorney): I apologize. One moment.
The Ordinance was read by title into the public record by the City Attorney.
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Mr. Hannon: Roll call on item --
Commissioner Gort: Before we go into roll call, I need to do the disclosure,
Jennings disclosure. I did meet with Jose Diaz a long time ago. And to make you
aware of that property, that property has been in Unsafe Structures for the last 10
years.
Commissioner Suarez: This isn't going to change.
Commissioner Gort: The Zoning Department has not been able to knock down that
property. And when they came up with the idea that he purchase that property and
he was able to do that, not only -- we have an existing plant right next door already,
so that's the reason why I pushed for this (UNINTELLIGIBLE).
Chair Hardemon: Continue, please.
Commissioner Gort: Roll call.
Mr. Hannon: Roll call on item PZ. 1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
END OF PLANNING AND ZONING ITEMS)
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iv, aiv,kel:WkiUZele7iv, 1iv, 16'1'i[07ki14Z&Ak114iv, 611
CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
ImlkiUZelZelk'iTh1314k9:4iv, 6'1
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3403]!;'11:11"s
COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT
END OF DISTRICT 1 ITEMS
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IYAN 316119 N 10 W
VICE CHAIR KEN RUSSELL
1 DISCUSSION ITEM
1061 DISCUSSION ON FUNDING AND ACTIVATING VIRGINIA KEY.
Commissioners
and Mayor 16-01219 E -Mail - Discussion Item
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: DISCUSSED
Chair Hardemon: Is there -- discussion item D2.1.
Vice Chair Russell: D2.1 is Virginia Key. Yes.
Commissioner Suarez: I just -- I did mine, 4. 1, with the other stuff on that lot, so I'm
good.
Chair Hardemon: Right. Understood.
Vice Chair Russell: Sure. If you would, Mr. Chairman, funding and activating of
Virginia Key. I know we've brought this up a little bit during a budget hearing, and
a little bit here and there. I think we really need to start moving the ball on this and
start making a plan of how we're going to pay for the Marine Stadium; what sort of
funds we're going to generate from the f ex park, and where they will go; and if we're
going to do a special revenue bond, how that will work. So I wanted to ask the
management if we are in process on any of those things, and if they could give us
sort of a status update so that we can start figuring out where we need to make
decisions.
Kevin Kirwin (Director): Good afternoon, Commissioners. Kevin Kirwin, City of
Miami Park and Recreation Department. I know that Director Rotenberg and I are
working on compiling all of the different revenues and expenditures associated with
Virginia Key. I know Dan's coming up; coming up in a moment here. One of the
other things we're doing is we loaded in, as far as capital for this fiscal year that was
in the budget you just adopted $2 million for improvements and 200 for planning.
So, Dan, I don't know if you had anything else you wanted to add to that.
Vice Chair Russell: Where is it going specifically, 2 million for --?
Mr. Kirwin: The 2 million is for island -wide improvements, and 200 for island -wide
planning, and that's capital funding.
Vice Chair Russell: Got it, island -wide.
Mr. Kirwin: Correct.
Vice Chair Russell: So I -- you know, I guess I'm really looking for options
regarding the Marine Stadium itself, with at least 35 to 37 million in needed funds to
get it to a certain level, and who knows what else, if we want to take it beyond that.
How much of that have we identified and what's the hole that we're trying to fill, and
what are the options for us to fill that?
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Christopher Rose (Director, Office of Management and Budget): Commissioner, we
are looking at bringing something back to the City Commission --
Chair Hardemon: Your name is, Sir?
Mr. Rose: Sorry. Chris Rose, Office of Management and Budget. Thank you, Mr.
Chair. We are looking at bringing a special obligation bond back to the City
Commission, either at the November meeting or the December meeting, for your
consideration. I don't have the gap at the moment on how much that will be, though.
Vice Chair Russell: Then my assumption is that that will be based on the revenue
generated from the f ex park?
Commissioner Suarez: No.
Mr. Rose: It would be -- it's a special obligation bond backed by, effectively, the
non -ad valorem of the general fund. So --
Vice Chair Russell: Oh, not a special revenue bond?
Mr. Rose: Not necessarily a special revenue bond. What's on the Key would go into
it. It may or may not be enough to cover what we need.
Vice Chair Russell: Right. Okay. Has the revenue from the flex park been assigned
to anything else within the budget that would create a hole, or is it new enough that
we haven't quite decided where that's going yet at this point?
Mr. Rose: It's revenue that's going into the City, in the general fund, so it would
create a hole at this point. It's not designated for anything in particular; it's just
going into the general fund. So if that's not going in, that would create a hole, yes,
Sir.
Vice Chair Russell: Was the original intention, though, of the flex park not to fund
the Marine Stadium? Was that not an intention that was ever formally stated?
Mr. Rose: I don't know the answer to that, Commissioner.
Commissioner Gort: Yeah.
Commissioner Suarez: Yes, it was.
Vice Chair Russell: I feel like it was. I feel like that was the original intent.
Commissioner Suarez: Correct.
Vice Chair Russell: So I'm hoping that we're not creating a hole; that when we do
create this special obligation bond that we're being told, "Well, now, we're not going
to fund this, because of that, " because I'm -- my assumption is that that's what the
flex park's intent was, so that we designate that money to, you know, fund a bond
toward the Marine Stadium and -- even though that probably won't be enough,
you're right.
Mr. Rose: I apologize, Commissioner. We're going to have to look into it a little
further, but right now, the funds that are in DREAM (Department of Real Estate and
Asset Management) for the rent at the flex park are going into the general fund of the
City, the whole general fund of the City.
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Vice Chair Russell: Okay.
Mr. Kirwin: And, Commissioner, to your point, I know that your staff had made a
presentation to Virginia Key Advisory Board, taking a look in how do we create
some type of an enterprise fund for island -wide improvements.
Vice Chair Russell: Mm-hmm.
Mr. Kirwin: And that's something that we're looking at with -- Director Rotenberg
and I -- to see just what is the island throwing off to the general fund; and, obviously,
what can stay on the island for improvements and operations, and that type of thing.
Vice Chair Russell: Great. Are there any other ideas or suggestions?
Commissioner Gort: You should create an enterprise fund.
Chair Hardemon: I'm sorry.
Commissioner Gort: They should create an enterprise fund, because that was my
understanding; that the fees that would come from that area, they would go towards
the Marine Stadium.
Chair Hardemon: Any further discussion? Seeing none, thank you very much.
Before -- you know, we do have our -- we've completed our -- basically, our agenda
for today. We just have to have a --
Vice Chair Russell: RE. 4.
Chair Hardemon: Right. We have to do RE.4 after we have our attorney-client
privilege sessions.
Victoria Mendez (City Attorney): Right
AkiUZO70376119N[0IPA k9:4iv, 6'1
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COMMISSIONER, DISTRICT THREE FRANK CAROLLO
END OF DISTRICT 3 ITEMS
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COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ
1 DISCUSSION ITEM
1028 DISCUSSION REGARDING UNKEPT CONDITION OF VACANT LOTS AND
Commissioners ABANDONED HOMES.
and Mayor
RESULT: DISCUSSED
Note for the Record: For minutes referencing Item D4.1, please see Item EM.1.
END OF DISTRICT 4 ITEMS
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31IN3]!;'11:11"IN
CHAIR KEON HARDEMON
END OF DISTRICT 5 ITEMS
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NA - NON -AGENDA ITEM(S)
NA.1
RESOLUTION
1239
A RESOLUTION OF THE MIAMI CITY COMMISSION
MOVER:
CONDEMNING HATE SPEECH AND VIOLENCE DIRECTED AT
Commissioners
ANY AND ALL AMERICANS REGARDLESS OF THEIR ETHNICITY,
and Mayor
RACE OR RELIGION, SEXUAL ORIENTATION, OR IMMIGRATION
STATUS; EXPRESSING SOLIDARITY WITH ALL THOSE
TARGETED FOR THEIR ETHNICITY, RACE OR RELIGION,
SEXUAL ORIENTATION, OR IMMIGRATION STATUS;
REAFFIRMING THE CITY OF MIAMI'S COMMITMENT TO
PURSUING POLICIES THAT AFFIRM CIVIL AND HUMAN RIGHTS
OF ALL INDIVIDUALS AND ENSURING THAT THOSE TARGETED
ON THE BASIS OF ETHNICITY, RACE, RELIGION, SEXUAL
ORIENTATION OR IMMIGRATION STATUS CAN TURN TO
GOVERNMENT WITHOUT FEAR OF RETALIATION.
ENACTMENT NUMBER: R-16-0497
........ ......... .........
MOTION TO:
......... ......... ......... ......... ......... ......... ......... ..................
Adopt
RESULT:
ADOPTED
MOVER:
Frank Carollo, Commissioner
SECONDER:
Ken Russell, Vice Chair
AYES:
Hardemon, Russell, Gort, Carollo, Suarez
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: Madam City Attorney, if I would propose another resolution
condemning hate speech and violence directed at all Americans and including all the
other things that I mentioned, would that be proper, or does it need to be advertised
and go through --
Victoria Mendez (City Attorney): It could be a pocket right now, and then we'll draft
it afterwards, unless you want us to draft it before, and then you could take it up in
the afternoon; whatever is your preference.
Commissioner Carollo: I mean, I don't -- it's not long. It's a resolution of the Miami
City Commission condemning hate speech and violence directed at any and all
Americans, expressing solidarity with all those targeted for their ethnicity, race, or
religion, sexual orientation, or immigration status; reaffirming the City of Miami's
commitment to pursuing policies that affirm civil and human rights of all individuals,
and ensure that those targeted on the basis of race, religion, sexual orientation, or
immigration status can turn to government without fear of retaliation. And that's my
motion.
Vice Chair Russell: I'll second that.
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Chair Hardemon: It's been properly moved and seconded. Do we have to have --
we don't have to --we don't actually have to create a physical resolution. We can
use the words that he's read into the record and count that as our resolution.
Commissioner Carollo: Right.
Ms. Mendez: Right. And then I'll --
Commissioner Suarez: Draft it for --
Ms. Mendez: -- draft one based on that.
Chair Hardemon: Right. So it's been properly moved and seconded. Any further
discussion? Hearing none, all in favor; say "aye "
The Commission (Collectively): Aye.
Chair Hardemon: That motion passes. Okay, and at this point, I think we've gone
through a lot of the issues that people especially came to speak about, and so we'll
be in recess for lunch. We'll --
Commissioner Gort: How about the street naming?
Chair Hardemon: No, we took care of that. That was a --
Commissioner Gort: We did?
Chair Hardemon: -- PH (public hearing) item. Yes.
Commissioner Suarez: Yeah, we did.
Ms. Mendez: We have shade sessions at 2 o'clock.
Chair Hardemon: So let me say -- the shade sessions are set for 2 or later, correct?
Ms. Mendez: Right.
Chair Hardemon: Okay.
Ms. Mendez: So you could take them up whenever.
Chair Hardemon: So what we're going to do is that we're going to come back for 2
o'clock, and we're going to try to finish the rest of the agenda. We can -- I think we
can do this fairly quickly, especially because was have the ability to move and pass
more than one item on our RE (resolution) list, and so, what I'd like to do is have
everyone come back from lunch, let's tackle the agenda as best we can, and then go
into our shade meeting. So the last thing we'll have to do is take care of that shade
meeting this --
Commissioner Carollo: So at 2 p.m., we return?
Chair Hardemon: 2 p. m., back here.
Commissioner Carollo: And I just want to make sure for clarity, Commissioner
Gort, there is another street naming for the afternoon?
Chair Hardemon: Yes, Jose Fernandez.
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Commissioner Carollo: Yes.
Chair Hardemon: Okay? All right, we're in recess.
NA.2 DISCUSSION ITEM
1240 DISCUSSION REGARDING THE PLACEMENT OF A RESOLUTION
Commissioners ON THE OCTOBER 27, 2016 MIAMI CITY COMMISSION AGENDA
and Mayor URGING PRESIDENT OBAMA AND THE 114TH UNITED STATES
CONGRESS TO GRANT TEMPORARY PROTECTIVE STATUS TO
HAITIANS IN THE UNITED STATES.
RESULT: DISCUSSED
Chair Hardenzon: But before we get there, I'm sure everyone is aware of the
devastation that's been going on because of Hurricane Matthew in the Caribbean;
particularly in Haiti, where we have a large population of our residents that have
family that are there and that live both here in Miami, and also travel frequently to
Haiti. And the Miami community has responded greatly, the City of Miami has
responded greatly; our Fire Department, I'm very proud of them and all of you who
have volunteered all of your time, your energy, your sweat and tears for what's
happening in the -- on the Island of Haiti. And so, I have a resolution that I have
today, but I think it would be best to present it at our next Commission meeting. And
it's a resolution of the Miami City Commission, urging President Obama and the
114th United States Congress to grant temporary protective status to Haitians in the
United States; directing the City Clerk to transmit a copy of this resolution to the
officials as stated herein. So I'm sure this won't be something that would be hard for
you all to swallow, but -- and I'd like for people to have the opportunity to read it
and understand it, especially with other things that are going on in Congress right
now, that affect the Haitian community and their ability to travel to and from the
United States. So I just want everyone to be aware of it. But other than that, we can
recess and go into our attorney-client privilege.
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NA.3 ATTORNEY-CLIENT SESSION
1238 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA
Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE
Attorney CONDUCTED AT THE OCTOBER 27, 2016 MIAMI CITY
COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF
MIAMI COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION,
CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
THE PENDING LITIGATION IN THE FOLLOWING CASES:
VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-
200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE
DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND
NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE
NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF
APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI,
CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS
PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M.
(OR AS SOON THEREAFTER AS THE COMMISSIONERS'
SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE
HOUR LATER. THE SESSION WILL BE ATTENDED BY THE
MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON
HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND
COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO,
AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J.
ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY
CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN;
DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL
SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L.
MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT
REPORTER WILL BE PRESENT TO ENSURE THAT THE
SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL
BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-
CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE
ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION
MEETING WILL BE REOPENED AND THE PERSON CHAIRING
THE COMMISSION MEETING WILL ANNOUNCE THE
TERMINATION OF THE ATTORNEY-CLIENT SESSION.
RESULT: DISCUSSED
Chair Hardemon: Calling this meeting back into order. There is only one more
agenda item that we have on our agenda, because we've completed our AC.1, AC.2,
and AC.3. You don't have to --you have to make one last announcement before we --
Barnaby Min (Deputy City Attorney): My understanding is the Commission wishes
to continue the shade meeting for Key Biscayne on October 27; if so, then I need to
announce that.
Chair Hardemon: Okay.
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Victoria Mendez (City Attorney): So we can do that.
Chair Hardemon: Please.
Mr. Min: Mr. Chairman and members of the City Commission, pursuant to Section
286.011(8) Florida Statutes, the City Attorney is requesting that at the City
Commission meeting of October 27, 2016, the City Commission meet in private to
discuss pending litigation in the following case: Village of Key Biscayne versus City
of Miami, Case Number 15-200 AP, before the Circuit Court of the 11th Judicial
Circuit, in and for Miami -Dade County, Appellate Division; Village of Key Biscayne
versus City of Miami, National Marine Manufacturers' Association, Case Number
3D 15-2824, before the Third District Court ofAppeal; and Village of Key Biscayne
versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of the
11 th Judicial Circuit, in and for Miami -Dade County, to which the City is presently a
party. The private attorney-client session will be limited to discuss litigation and
strategy. The session will conclude --the session will begin at 2 p.m. The members
of the City Commission will be in attendance, including 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; Division Chief for
Land Use and Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri
McNulty and Forrest Andrews. A certified court reporter will be present to ensure
that the session is fully transcribed, and the transcript will be made public upon the
conclusion of the litigation. At the conclusion of the attorney-client session, the
Commission meeting will be reopened, and the person chairing the Commission
meeting will announce the termination of the attorney-client session. Thank you, Mr.
Chairman.
Chair Hardemon: Thank you very much.
I A ki I IXOI a ki IQ kiFile] AkiIIle\k9:4iv, 6'1
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PUBLIC COMMENT FOR REGULAR ITEMS)
Chair Hardemon: So at this time, I'll open up the public hearing -- or the public
comments section of our meeting, so if you're here and you want to talk on any item that's
here for your CA (Consent Agenda) agenda, PH (Public Hearing); EM (Emergency) has
already passed -- SR (Second Reading), FR (First Reading), RE (Resolution) and BC
(Boards and Committees) items, this is your time to speak. So this is your time to speak
on all items that are not Planning & Zoning items, if you want to make a public comment
about those items. You have two minutes to address this body. You can state your name,
your address, and what item you're here to speak about. You're recognized, sir.
Wilfredo Ruiz: My name is Wil -- I'm an attorney with Ferro, Ruiz. I'm the
communications director for the Council on American -Islamic Relations. I'm also a
naval officer veteran; probably served our armed forces as a JAC (Judiciary Advisory
Council) and also as a chaplain. I'm here today first to thank the Commission, especially
Mr. Vice Chairman, Ken Russell, for the resolution condemning hate speech and violence
directed as Muslims. There are approximately 27 Islamic centers in the Miami -Dade
County. In the tri -county area of Palm Beach, Miami and Broward, there are probably
60 -- over 60. The population in this tri -county area of Muslims is close to 120 or
140,000 Muslims residing in this tri -county area; approximately over 700,000 Muslims
residing in the State of Florida. On behalf of our community that have suffered in the
past years, especially with the increment of the Islamophobic rhetoric embraced by some
politicians in all levels -- local, State and national level -- have been an element that have
foster tremendous increment in hate crime and hate incidents. Our office, the Council on
American -Islamic Relations, have documented a 500 percent increase from the last year
to 2015 in hate crimes. We have seen here in Miami mosques being vandalized, shot at.
We have seen a mosque recently in Fort Pierce, a neighboring county up north, who was
recently arsonned [sic]; houses of Muslims being shot at; our students being bullied, not
by other students, but by the teachers, calling them "Taliban, Al-Qaeda, " or "Bin
Ladens. " So that's the situation that our community suffers on a daily and weekly basis,
and resolutions like this, Mr. Russell and rest of the Commissioners, really help foster a
better environment, where the contributions of this many Muslims that have served and
keep on serving our nation are protected and we embrace as another part of the
American fabric. Thank you, Mr. Vice Chairman. Thank you, Commissioners, for the
consideration of this type of resolution. Thank you. (UNINTELLIGIBLE), peace be upon
you.
Chair Hardemon: Thank you very much, sir. Sir, you're recognized next, and then I'll
come to you.
Shabir Motorwala: Good morning. My name is Shabir Motorwala. I reside in Miami,
6800 Southwest 135th Avenue, Miami, Florida. I, the president, Coalition of South
Florida Muslim Organizations, known as COSMOS, as well as Miami -Dade County
Asian -American Advisory Board. On behalf of (UNINTELLIGIBLE) Muslim community,
I'd like to thank Honorable Vice Chair Ken Russell to --for Resolution RE. 6 against the
hate -- anti -hate crime. At the current situation, what's happening in this country, all
over the world, especially in USA (United States of America), against the Muslim and
(UNINTELLIGIBLE) community, it is a very strong message the City will be sending to
the people, preaching about the hate, not against Muslim, but against anybody. And we
respectfully -- Muslim community is really pleased with this resolution, and I hope this
will send a strong message to hate mongers around the country. Thank you, Vice
Chairman. Thank you, Commissioners and Mayor.
Chair Hardemon: Thank you very much. You're recognized, sir.
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Louis Wolfson, III: For the record, my name is Louis Wolfson, III Mr. Chairman,
congratulations on the birth of your daughter. Commissioners, I'm here on behalf of
PH 1, to stand in favor of Art Hertz Boulevard. Arthur Hertz, he's practically raised me;
been in Miami 70 years; chairman of the Orange Bowl Committee; University of Miami
trustee; tourism bureaus, on and on. He really has been a model citizen. On our family
foundation, the Wolfson Family Foundation, he has been our chief financial mentor,
especially for me and other members of our board. He has turned $28 million into $250
million, of which we've given $160 million to Miami -Dade County since -- excuse me -- to
Miami Dade College since 1983. We've -- he has, along with us, given over 175,000
scholarships to students from Miami Dade College. So he's truly been a model for all of
us, and certainly deserving of a street to be named after him. Thank you very much.
Chair Hardemon: Thank you very much, Mr. Wolfson. You're recognized, sir.
Nezar Hamze: Morning, Honorable Chairman, Vice Chairman, Commissioners. My
name is Nezar Hamze. My address is 5405 Northwest 102 Ave. I reside in Sunrise,
Florida. I'm also a sworn law enforcement officer, and I am the Operations director for
the Council on American -Islamic Relations, Florida. I want to stand and I want to thank
you for your courage, Commissioner. As a father, I appreciate your courage. It's hard
raising children when -- I'm sorry, I'm a big teddy bear.
Chair Hardemon: Take your time.
Mr. Hamze: It's hard raising children when politicians attack your faith. And for you to
have the courage, the political courage, which is often absent, is tremendous. And I
encourage all of the Commissioners to pass this resolution, and I thank you very much.
Thank you.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Keith Kenner: Good morning. My name is Keith Kenner; address is 3195 Ponce de
Leon Boulevard, Coral Gables. I'm here on behalf of Arthur Hertz. First of all, I want to
say, Commissioner Suarez, thank you for sponsoring it; and the rest of the Commission,
Frank -- Commissioner Carollo, Chairman, Commissioner Gort, Commissioner Russell.
You know, Art's been a pillar here in this community, coming from Brooklyn, New York,
in 1933; came here as a small boy in -- well, 1946 -- and Art just turned 83 years old. So
to present him with an honor like this, I think it's great. I want to thank you again, and
gentlemen, I hope you pass this. It'd be a great thing for him. He'd be -- greatly
appreciate it. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, sir.
Luis de Rosa: Good morning, Chairman and members of the Commission. My name is
Luis de Rosa, 3550 Biscayne Boulevard, with the Puerto Rican Chamber of Commerce
and Dynamic CDC (Community Development Corporation). I want to talk about just --
lend -- voice my support for two resolutions, and that's PH. 5, which is -- Chairman Keon
Hardemon is sponsoring, and to employ Dynamic CDC to address some of the issues for
our elderly homeowners in District 5, Wynwood, Overtown, Liberty City, et cetera. As
you know, in particular, the Wynwood District is sandwiched in between development
with the Art District, and, of course, the Design District, and those in the middle are
being left behind. And I think this initiative will address some of the concerns that the
seniors have who live, for the most part, on fixed incomes, in low-income residence, and
can't afford to really upgrade their homes, so this is a great initiative. Hopefully, it'll be
a pilot project for the City as a whole. Also, I want to express -- and I wanted to thank
you personally and pri -- and in public, Commissioner, for your take -- having the
courage to address those issues. The seniors are really elated, and I'm sure we're going
to do a great job on behalf of your office. Also, PH 7, where Commissioner -- I'm sorry -
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- PH 6, where Commissioner Suarez is sponsoring a $5, 000 grant for the Dorothy
Quintana, to help us out, because throughout the years, Commissioner -- and thank you
for taking the leadership on that -- it has been -- only Commissioner Hardemon has been
therefor us, and without that help, that program -- again, addressing some of the issues
for the elderly population of the area who can't afford anything else, and this is a free
program in the arts and crafts sort of classes. And it helps them to get away from home
and do some creative things for themselves, and hopefully, improve their way of life and
their -- And so we thank you for joining the work that Hardemon has been doing for
many years, and we hope other Commissioners -- you know, my good friend, Willy Gort -
- you know, we've been working together for many years -- can also help us with this, you
know. He's been bearing this responsibility -- Commissioner Hardemon -- on his own,
for many years. And thank you for taking the leadership and for your contribution to
address some of the issues affecting our elderly, because at the end of the day, we're all
going to get there. So what you do today reflects you in the days ahead. But thank you,
Commissioner. Thank you, Chairman.
Chair Hardemon: Thank you very much.
Commissioner Gort: Luis, Luis --
Chair Hardemon: Come this side.
Commissioner Gort: -- go by the office.
Mr. de Rosa: Okay, good. Thank you, Willy.
Chair Hardemon: You're recognized --
Lucia Dougherty: Good morning, Mr. Chair and members of the --
Chair Hardemon: -- Madam City Attorney emeritus.
Commissioner Gort: Nice hereto have you back.
Ms. Dougherty: Well, thank you. Good morning. Lucia Dougherty, with offices at 333
Southeast 2nd Avenue in Miami. I'm here also to support the naming of the Arthur Hertz
Way. He has been a pillar of this community for over 40 years. But the thing about him -
- I tried to think about what is really unique about him -- is that his service to this
community has never screamed out. It's understated, it is quiet, it is unassuming, and it's
something -- even though the service is that way, his service deserves this accolation
[sic] and this recognition, and we urge your support for it.
Chair Hardemon: Thank you very much. Sir, you're recognized.
Justin Klecha: Thank you, Mr. Chairman. My name is Justin Klecha. I'm the deputy
director of SAVE (Safeguarding American Values for Everyone). Our offices are at 4500
Biscayne Boulevard, and I'm here in support today of SR. 3, which is banning the practice
of conversion therapy on minors. I congratulate the City as it joins five other States;
Washington, D.C. (District of Columbia); and four cities today in clearly sending the
message that being gay and transgender is not a disease, an illness, or a shortcoming.
By doing so today, you're protecting our youth from this harmful and dangerous practice,
and also sending a message to them that they are wanted in the City, that we want them
to grow up and be healthy, productive citizens, and I really appreciate that. Thank you
so much, Commissioner Suarez, for your leadership on this issue. And thank you for your
support for the rest of the Commission. Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, sir.
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Thomas Jelke: Thank you. Thomas Jelke, 3100 Brickell Avenue. I'm here --
Commissioners, thank you for allowing me to speak on behalf of PH 1, the proposal
honoring Arthur Hertz. Mr. Hertz is an icon for the City of Miami and a role model for
business owners, philanthropists, government officials, and citizens. He's made a
powerful and positive impact on the City for 40 years. His unwavering ethics and
commitment to serve his community are something from a bygone era and should not just
be commended, but memorialized. I encourage you to help honor him appropriately, and
thank you for your time.
Chair Hardemon: Thank you. Sir, you're recognized.
Lamar ,Tones: Yes. My name is Lamar Jones. I live at 3410 Hibiscus. I'm currently
being evicted. I don't know if you knew or not, but Chairman Rochelle knows about it,
and we still need help. Like, I'm elderly and my wife is elderly and we haven't found
anywhere to move yet, and we're having trouble finding, because, like, we on a fixed
income. And we just need some kind of help, because pretty soon, we'll be -- I would
imagine they'll be putting us out of there. So I would like to --for the City to see if they
can do anything for us, or help us out some kind of way.
Chair Hardemon: Okay.
Mr. Jones: Thank you.
Chair Hardemon: I'm sure someone is going to be making them self to you, either from
the Vice Chairman's office, or just have a seat, and I'm sure someone is going to walk
over to you to come speak with you, okay?
Mr. Jones: Okay. Thank you.
Chair Hardemon: Thank you very much. You're recognized, sir.
Jihad Rashid: Good morning, Commissioners. Thank you. My name is Jihad S. Rashid.
I am the president and CEO (chief executive officer) of Collaborative Development
Corporation. I'm herein regards to two items: PH 7 and PH.8. PH 7 is the Anti -Poverty
Initiative that's going to bring much needed relief to the housing crisis that we have in
Coconut Grove Village West. It is a good step in the right direction. It helps create a
foundation and it shows the City's and the other parts of the community's commitment to
serving all the citizenry, particular at the point of this crisis. I think it's a well -conceived
initiative and it has asked us to play a role in that and I'm here to say that we're a
capable and able partner in that, and I urge your strong support in that item PH 7.
While I'm here, PH.8, it's the Grand Avenue kiosk project, which will bring needed
economic development and skill -able, cost-effective business startup to our community,
much needed; giving the residents a long time and much needed stake in the areas of
commerce. It has other benefits: To bring eyes on the street; to make the corridor more
attractive and walkable, creating light, color, ambience and a sense of security; and will
engender the residents, knowing that they have a stake hold in what matters to Coconut
Grove in general; and making them good citizens, and give them hope and aspiration.
It's replete with business and technical assistance, and we hope that it's just a starting
point. So, again, I urge your support and thank Mayor Regalado for sponsoring this.
Thank you.
Chair Hardemon: Thank you very much, sir. Counselor, you're recognized.
Marlon Hill: Good afternoon, Mr. Chair, Mr. Vice Chair, Commissioners. My name is
Marlon Hill. I have offices at 150 Southeast 2nd Avenue in the downtown Miami. I'm
here in the capacity of a board member of the Miami Parking Authority. I've been on the
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board for well over 13 years and serving with Mr. Hertz. All I can say to you is that I
want to thank you for sponsoring this item. Every time we drive on Southwest 16th
Street, what we need to know is that Mr. Hertz embodies the values of the City of Miami
and Miami -Dade County. I -- every time I go to a meeting, there are three things I
remember -- I call it "the Hertz standard" -- Is it for the good of the community and
stakeholders? Is it fiscally sound? Are -- is politics at arm's length to allow us to be
entrepreneurial and innovative? Mr. Hertz consistently -- in everything that he works on,
the Miami Parking Authority or any other community institution, he carries this standard
consistently. As a young lawyer, I've learned from him in countless ways, including the
work with the Orange Bowl Committee. So, for our kids, our young people, every time
that they're driving on Southwest 16th Street, they can be very proud of a citizen like Mr.
Arthur Hertz, who's still alive and around, kicking, coming to meetings at 7:30 a. in. every
month. And we can be very proud that we're about to pass this resolution and to name
Southwest 16th Street Arthur Hertz Way. Thank you for doing this.
Chair Hardemon: Thank you very much. Sir, you're recognized, sir.
Jason Edwards: Good morning, Commissioners. My name is Jason Edwards. I'm the
project manager with Collaborative Development Corporation, the Grand Avenue Kiosk
Project. We just -- I just want to thank you for your time in recognizing this, and just
state the fact that what this project is doing is it's offering economic stimulus in this
community, in the Coconut Grove Village West community. It's giving the residents a
chance to take stake hold in that community, to feel a sense of ownership in that
community, and to be able to take advantage of the fact that there's only a few different
industries that Miami has to offer, one of them being tourism. So it gives them a chance
to take hold of that, and also, you know, get a chance to actually have jobs and take part
in that community, put eyes on the street, and just start making an overall safer, more
walkable environment. So we just want to thank the Mayor for the support on this, and
the Commission for your consideration.
Chair Hardemon: Thank you very much. Ma'am, you're recognized.
Elaine Black: Good morning. My name is Elaine Black, from the Liberty City Trust,
4800 Northwest 12th Avenue. We'd like to say thank you, Commissioner Hardemon, for
sponsoring the Youth Employment Program. The Youth Employment Program will
provide jobs for 13 young people after school, from November 1 to May 26. We had a
very successful program this summer, and we will continue to work with a select group of
those kids, which is very needed. One of the things that's most heartening for me,
personally, and members of our team, is that one of our participants got involved in a
crime regarding -- after our program, because he was no longer making dollars for the
family. Many of the families have called us back and said they need financial support.
We are very happy that you are allowing us to continue this program to -- so that we can
provide employment to young people and meaningful jobs. So I want to say thank you.
We look forward to continuing to support what this program is doing for us in the Liberty
City community. So again, any support that you can give us, we really appreciate.
Thank you.
Chair Hardemon: Thank you. Ms. Dixon, you're recognized.
Berlinda Faye -Dixon: Hi. I want to thank the City Commission for really
wholeheartedly having the courage to attack a lot of these difficult, challenging,
frustrating issues. Okay, I just want to make a couple of quick comments in reference to
P6 [sic], page 10. I'm completely -- number 1056 -- in agreement with that. Thank you
so much, Commissioner Suarez; ditto on Resolution P7 [sic], 1062. Thank you so much,
Vice Chair Commissioner Russell. The emergency thing, thank you, Commissioner
Hardemon. All righty. SR. 2, 1017, yep, yep, yep. Thank you so much. And --from
Commissioner Suarez. Thank you. Thank you so much -- I'm also a member of SAVE.
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Thank you so much for SR. 3, 1016. Please pass that; we need that. Also, there's two
resolutions, RE -- page 16, RE 1020 and RE.3, 1021, talking about lighting. Can we get
some extra lighting in Overtown? Because it's dark at night and it's unsafe and I -- we
need some lighting, please. Make a resolution; we need some lighting --
Chair Hardemon: That was last meeting.
Ms. Faye -Dixon: -- under the bridges -- no --
Chair Hardemon: No, no, I know exactly what you're talking about.
Ms. Faye -Dixon: Okay. Also, thank you so much for the 25 miles per hour -- page 18,
RE 1039. And I want to say (UNINTELLIGIBLE). I am a Muslim woman. I am a
progressive Muslim woman, okay? I walk in faith, okay? I serve everyone. I serve God.
Everything I do. My business, SMASH (Struggle for Miami's Affordable & Sustainable
Housing), is a not-for-profit. I don't care about the money, but it's all about the people,
because unless we get this village together, we're going to die together. So we can either
build it up together --because teamwork does work. I grew up in a military family. Ain't
no more excuses, "I'm so sorry." We going to get along. We might have to agree to
disagree, but we going to get along and work this out. And I love you guys. Thank you
so much.
Chair Hardemon: Thank you so much, Ms. Dixon. Madam Holmes, you're recognized.
Renita Holmes: Madam Holmes again, Wave of Women. I'll just say "thank you" for
Berlinda. I mean, you know, sometimes people quite often misunderstand the passion,
but when you live the experience and you know the solutions and the process is not
indicative of your personality, that expertise sometimes goes unappreciated. I don't think
that it went unappreciated today. I wanted to add a special license and take advantage --
I apologize; I'm not feeling so well and energetic. However, I'm very concerned about
the balance of agenda items regarding policing tools, toys, and resources. Well, you
can't be in conflict. You just gave me a proclamation and a salute for having the courage
to do some community -oriented citizen -- you know -- I am strong woman. My neighbor
next door just being a good Christian or half Muslim, whatever the case may be, is a
human being. But when I look at the patterns and trends, which you know I'm very fond
of -- and that's about basically all I could do, is be a witness to 37 years about how stuff
goes, how it normally goes, how it won't go, and who's going -- that the expenditures in
the Burns grant, which I sit on the Burns grant; I'm not representing as a member of the
task force, but then, again, so does everybody who ever shows up, but here's 37 years.
When we use our criminal justice funds, when we use our forfeiture properties, when we
use our police to simply aggregate or accumulate tools and resources, guns of such
intensity, we're not doing community -oriented policing. I'm asking you while I'm here
today, let's look at the measures and standards of what is actually community oriented.
See, community police, we got community police. Shoot, you the community police. But
community -oriented police practices and strategies that I've been dealing with
Department of Justice, which have been trained for 37 years, it basically says a lot. And
it must mean something, because two minutes, you know, you could be more dangerous
than a AR -15 or attacked, as if you were carrying one. So that says a lot about citizen
power; that says a lot about victim power; says a lot about innovation. The walking one
stop is that bag over there. And so, when Wayne took the time to listen, Mr. Rollins took
the time to listen 37 years ago to a woman in public housing that said, "You know what?
This is going to get worse. We don't need more guns. We don't need more police officers
to do it. " We saw spending, but the spending was to outsiders who had an idea about a
concept and a theory. And so, in closing, I'm asking you to take a look at your budgets
for policing; the 1 million every two or three months for new police, because the more
police I see, the more problems I see. We're back at the task force, we're back with the
dope thing. We did this many times before. But one thing has not changed: investing and
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training and education for citizens, citizens on patrol, citizens oriented, coordinated re-
entry and all of that around, and meeting those standards and guidelines by which we
were trained when we started. We done seen now Project Safe Neighborhood, now
Project Re -Entry. And I'll tell you --
Chair Hardemon: That was a long conclusion.
Ms. Holmes: I --
Chair Hardemon: (UNINTELLIGIBLE) in the Baptist Church now.
Ms. Holmes: -- know, but here's the thing: You pay him a thousand dollars an hour, and
I'm just somebody experiencing and still working, because, bottom line, as a first
responder who does community -oriented policing, I've got to call the police. So let's
invest in the first contact. Let's invest in more than just Eire and Rescue. Let's invest in
more than just police officer and tools; that's what I m saying.
Chair Hardemon: I --
Ms. Holmes: It's not a joke for me because --
Chair Hardemon: -- Madam Holmes.
Ms. Holmes: -- 37 years later --
Chair Hardemon: Madam Holmes.
Ms. Holmes: -- I'm still counting bodies, son.
Chair Hardemon: Madam Holmes, thank you very much. You're recognized, sir --
ma'am, please.
Commissioner Gort: Keep at it.
Brenda Betancourt: I behave most of the time. Brenda Betancourt, 1436 Southwest 6th
Street. Actually, I agree with Berlinda. I think we need a lot of streetlight everywhere,
not just in Overtown. I'm part of the Nuisance Abatement Committee, and we see the
increase of properties from Overtown coming to us and we see that property owners are
afraid to have a sign to say if -- "no trespassing. " We going to lose business, we going to
lose -- they going to attack our property. So it's a lot of work that need to be done in
Overtown, as well as we need to get done in Little Havana. I think those two
neighborhood, where they receive a lot of people now, we have increase a lot of cases in
drugs, and dealing in Little Havana. I guess from -- they are running out from Overtown,
they're going to Little Havana; it's the closest neighborhood. So can you please check
with FPL (Florida Power & Light)? We -- I have talked to them couple times about
streetlights even in front of their plant in 16 -- in 17th Avenue and 6th Street, it's a plant
for FPL. With all the two blocks around the place, their streetlights don't work, in front
of them. You know, their station is there. They should be more interest on having it on.
So that's one of the things that I just want to mention. About the resolution for this hate
speech, I think we should do it not just for Muslim; it should be for Hispanic, for Haitian,
because we see it all the time. It's more vocal because it's in the media right now, but we
have kids, they are being bullied everywhere, okay? It's not just about the religions, but
is the place of your origins, of your parents. Sometimes, not even the kids, they born
here, but the parents are from another country, and they get it. So I think if you guys -- I
love the idea, but if you can ask just -- not just Muslim; Hispanic, Haitians, a little bit
more protecting all, because this is a melting pot of cultures, and we all -- right here in
the Commission, most of you all represent a different part of our world. So, to me, that's
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really important. And the child slavery, Commissioner Gort, thank you. I think it's
something that we have work on it so little, and I am proud of the Survival Pathway, and
we work with teenagers. Right now, they are prostituting them self in our community.
So, please, it's not just about slavery in a sense of people, they are homeless, which we
have so many. But there are kids that are in your house, they are your neighbors, they
are kids that you don't see, but they are there, and they been in slavery for $50, $75. So,
please, take this very seriously, because this is the people that we are going to be leaving
in your seat. So, please --
Chair Hardemon: Thank you. Thank you very much.
Ms. Betancourt: -- take a little bit closer look at it, and I really appreciate you guys.
Thank you.
Chair Hardemon: Thank you very much. Sir, you're recognized.
Miguel Soliman: Good morning, Mr. Chairman, Commissioners. Miguel Soliman,
Southwest -- 1436 Southwest 6th Street. First of all, I wanted to stand up here in support
of several items, but two of which I'd like to mention first, RE.1 and RE. 7. I believe any
tool that can be given to our Police and Fire Rescue is always a good investment. RE.1
allows them to purchase equipment that will give them the tools that they need. RE.7 is a
canary system device that will allow them to monitor and make sure that while they're
taking care of us, they can at least look in their home and make sure everything's good at
home. And now, during Hurricane Matthew, that could have been the case. They would
have been there for us, taking care of the streets, putting their lives in harm way, not
knowing what's happening at their home, while the rest of us are at home. This will give
them a chance to at least see their home and make sure everything's good. The second
item -- the other item, I'm in support of RE.2 that I'd like to speak of, our streetlights; a
specific area that will allow us to improve our streetlights on 17th Avenue -- I'm sorry --
on 7th Street, and I'm in support of that. Also, throughout the City. And Commissioner
Carollo, if we could look into the lights we have on 17th Avenue, Southwest 17th Avenue,
between 6th and 8th Street, all those lights are out between 6th and 8th Street on the east
side. Maybe if we could have someone -- I just noticed last night -- look at that and
address that issue. The RE. 8, I also am here to speak in support of, and that is a very
good resolution that Commissioner Suarez has brought about, and I'm completely in
favor, and that's reducing the speed limit in our residential areas to 25 miles per hour.
Chair Hardemon: Thank you very much.
Mr. Soliman: I think we need that, and I think that's, again, another tool for our law
enforcement to make sure that they're able to enforce; that we don't have the people in
the fast cars going through our residential neighborhood, putting our children and our
elderly in harm's way.
Chair Hardemon: Thank you very much, sir.
Mr. Soliman: And last but not least, real quick, I'd like to bring to your attention again
our Zoning Department. They are in desperate need of additional personnel. They
cannot -- they cannot -- it takes two months to get something -- not approved --just to go
through Zoning.
Chair Hardemon: Okay.
Mr. Soliman: And we need to address that issue. Thank you very much for your time.
Chair Hardemon: Thank you very much. I'm going to close the public hearing because
there's no further persons here for public hearing -- or public comment at this time.
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ADJOURNMENT
The meeting adjourned at 4:58 p.m.
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