City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, April 14, 2016
9:00 AM Regular
City Hall Commission Chambers
City Commission
Tomás Regalado, Mayor Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Méndez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes April 14, 2016
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
AM - APPROVING MINUTES
MV - MAYORAL VETOES
CA - CONSENT AGENDA
PA - PERSONAL APPEARANCES
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 14th day of April 2016, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:00 a.m., recessed at 1:12 p.m., reconvened at 5:08 p.m., and adjourned at 8:49 p.m.
Note for the Record: Commissioner Carollo entered the Commission chambers at 9:06 a.m. and Commissioner Suarez entered the Commission chambers at 9:07 a.m.
ALSO PRESENT:
Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk
Chair Hardemon: Welcome to the April 14, 2016 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort; Frank Carollo; Francis Suarez; Ken Russell, the Vice Chairman; and myself, Keon Hardemon, Chairman. Also on the dais are Daniel J. Alfonso, City Manager; and Victoria Méndez, the City Attorney; Todd Hannon, the City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and the pledge of allegiance led by Vice Chairman Russell. All rise.
Invocation and pledge of allegiance.
PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 16-00482 Honoree Presenter Protocol Item
Cities for Financial Mayor Regalado Certificate of Empowerment Fund & Appreciation Cities for Financial Empowerment Coalition
The City Foundation Mayor Regalado Certificate of Appreciation
Fire Rescue Mayor Regalado Proclamation Telecommunications Unit
Police Mayor Regalado Proclamation Telecommunications Unit
Planning & Zoning Mayor Regalado Commendation & Commissioners
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16-00482 Protocol Item.pdf
PRESENTED
1) Mayor Regalado presented a certificate of appreciation and paid tribute to the Cities for Financial Empowerment Fund and the Cities for Financial Empowerment Coalition for their vital role in helping constituents understand their financial needs and for empowering them to become effective advocates for themselves. Many Americans from all age groups and backgrounds lack accessible, reliable financial education in order to succeed in our competitive society and the Fund and Coalition provide those essential resources.
2) Mayor Regalado presented a certificate of appreciation and paid tribute to the Citi Foundation, honoring its commitment to the funding and support of the Summer Youth Employment and Financial Empowerment programs in the City of Miami and throughout the nation, as part of the Pathways to Progress national investment and the Summer Jobs Connect initiative. Many young Americans from all backgrounds lack accessible, reliable financial education in order to succeed in our competitive society, and the Summer Youth Employment and Financial Empowerment programs provide those essential resources. The Citi Foundation also selected the City of Miami as a grant recipient and presented the City with a check.
3) Mayor Regalado presented a proclamation and proclaimed April 14, 2016 as Public Safety Telecommunications Day in grateful recognition of the Miami Police Department's Communications Unit's hard work and service. National Public Safety Telecommunicators' Week brings celebration, honor, and public attention focused on the otherwise unsung heroes on the other end of the 911 phone line. April also serves as 911 education month, which focuses on teaching the proper use of 911 for aid in emergency situations and the opportunity during this national observance week to reflect on the important role of the Public Safety Telecommunicators as the first "First Responder".
4) Mayor Regalado presented a proclamation and proclaimed April 14, 2016 as Public Safety Telecommunications Day in grateful recognition of the Miami Fire-Rescue Division Alarm Office's hard work and service. National Public Safety Telecommunicators' Week brings celebration, honor, and public attention focused on the otherwise unsung heroes on the other end of the 911 phone line. April also serves as 911 education month, which focuses on teaching the proper use of 911 for aid in emergency situations and the opportunity during this national observance week to reflect on the important role of the Public Safety Telecommunicators as the first "First Responder" and a continual lifeline to those in need.
5) Mayor Regalado presented a commendation to the City of Miami's Planning and Zoning Department and praised the Department's efforts in obtaining the Tree City USA Certification for the City of Miami for nine consecutive years. Tree City USA program promotes tree care and management in urban areas, and calls attention to the economic, health, and aesthetic benefits trees offer.
Chair Hardemon: We will now make presentations and proclamations.
Presentations made.
Mayor Tomás Regalado: Mr. Chairman, they're not here.
Chair Hardemon: Okay.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
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Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Commissioner Suarez: Move the Planning & Zoning minutes of February 25, 2016.
Todd B. Hannon (City Clerk): Excuse me, Chair. It is the custom of the Commission, if we're going to withdraw DI.14 from the agenda for there to be a motion and a second.
Chair Hardemon: Well, there hasn't been a motion. The motion that's on the floor right now is to approve the minutes, so --
Mr. Hannon: Okay, so we're moving on right now from --
Chair Hardemon: Yeah. We're not addressing right now the CA (Consent Agenda) agenda.
Mr. Hannon: Okay.
Chair Hardemon: It's been properly --
Mr. Hannon: But -- I'm sorry. We do consider this part of the meeting the order of the day, and during this part of the meeting, that's when we're withdrawing, deferring, continuing items.
Chair Hardemon: Yeah. We will be able to continue to do that.
Mr. Hannon: So we'll come back to it.
Chair Hardemon: Correct.
Mr. Hannon: Thank you, sir.
Chair Hardemon: It's been properly moved and seconded to approve the Planning & Zoning minutes. Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded now. Any discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Quick --
Chair Hardemon: Motion passes.
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Before we move forward --
Commissioner Gort: Coconuts.
Chair Hardemon: -- Mr. City Clerk, are there any mayoral vetoes?
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Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Good. Thank you very much.
ORDER OF THE DAY
Chair Hardemon: We will now begin the regular City Commission meeting. The City Attorney will state the procedures to follow during this meeting.
Victoria Méndez (City Attorney): Good morning. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commissioner [sic] must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available at the City Clerk's Office. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. 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 such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise-making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and 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 the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you.
Daniel J. Alfonso (City Manager): Mr. Chairman.
Chair Hardemon: You're recognized.
Mr. Alfonso: Thank you. Commissioners, DI.14 is to be withdrawn; items CA.2 and CA.4 are going to be pulled from the consent agenda for discussion; and CA.11, discussion and/or modification.
Chair Hardemon: Commissioners, are there any items that you wish to be withdrawn, continued or --?
Commissioner Suarez: I'm sorry, can you repeat that, please? DI -- I heard DI --
Mr. Alfonso: DI.14.
Commissioner Suarez: Right.
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Mr. Alfonso: And then from the consent agenda, CA.2, 4, and 11 will be pulled from the agenda for discussion and/or modification.
Later...
Commissioner Suarez: Quick procedural question. I think maybe you might want to put order of the day -- the green little thing that you have there -- above, if you want to do it first, just so that, you know, we have sort of a sense for what you -- how you want to order the meeting, because I think what you're saying is you would have preferred that we do the order of the day before moving on to those items, and I have no problem with that.
Chair Hardemon: Yeah.
Commissioner Suarez: I just went sort of chronologically.
Todd B. Hannon (City Clerk): Oh, no, that's an excellent suggestion, and I will do so.
Chair Hardemon: The way that it's written, for instance, on the agenda --
Mr. Hannon: Right.
Chair Hardemon: -- it's before; but on the way that we typically do it, you know, we have this --
Commissioner Suarez: Right; it's after.
Chair Hardemon: -- it's after.
Commissioner Suarez: Right.
Chair Hardemon: That's why I usually just try to follow this.
Commissioner Suarez: Yeah, yeah.
Mr. Hannon: Point well taken.
Commissioner Suarez: And I don't mind either way; I'm just saying so that we're all on the same page. You know, I don't mind; makes no difference to me.
Chair Hardemon: We'll clean it up. We'll clean it up. All right. So right now, the Administration asked for CA 2, CA.4 to be pulled for discussion. Was it also CA.11?
Mr. Alfonso: CA.11.
Chair Hardemon: And CA.11. And he's asking for DI.14 to be withdrawn.
Commissioner Suarez: So I'll move the withdraw [sic] of DI.14 and I will acquiesce to the pulling of the other items as expressed by the Administration.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded as followed. Any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
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Chair Hardemon: Motion passes.
Later...
Commissioner Suarez: Do you want to defer all the discussion items? I don't know. You guys want to do them? What do you guys want to do?
Commissioner Gort: I'm not going to have mine till next meeting.
Commissioner Suarez: Yeah.
Chair Hardemon: Okay.
Commissioner Suarez: I think everyone's gone. I mean, I think we've had enough today, so.
Chair Hardemon: So without objection, all the discussion items will be continued to the next --
Commissioner Suarez: Yes.
Chair Hardemon: -- meeting.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: The only thing is with discussion item number two regarding the boundaries, if you could provide in the backup material what you're proposing, Mr. Manager? We've already spoken about it and so forth, but I want to make sure that we're okay with it. It's not on the Internet or anything, so I just want to make sure, you know.-
Vanessa Acosta (Director, NET Program): It's being uploaded (UNINTELLIGIBLE).
Commissioner Carollo: Okay, not a problem. And again, just for the next meeting so we have it in the backup.
Chair Hardemon: Additionally, board members --
Commissioner Carollo: Thank you.
Chair Hardemon: -- please be aware that we have this many discussion items on the agenda already, so let's not --
Commissioner Gort: Anymore.
Chair Hardemon: Many more. I'll probably be coming and have a discussion with all of us at some point, when we have less discussion items, about how we go about doing this so we can be more (UNINTELLIGIBLE).
Commissioner Gort: Let's adjourn.
Daniel J. Alfonso (City Manager): Mr. Chairman.
Chair Hardemon: But this meeting -- yes.
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Mr. Alfonso: Over here real quick.
Chair Hardemon: You're recognized.
Mr. Alfonso: Commissioner Carollo, you have a discussion item regarding the issuance of the financial statements.
Commissioner Carollo: Yeah, but that --
Mr. Alfonso: They have been issued. Can we withdraw the item?
Commissioner Carollo: Yeah, yeah, yes. I thought that was going to be either withdrawn or -- yes, let's withdraw. And by the way, kudos to our Finance -- our financial team, to you, Mr. Manager, because once again, we issued our financial statements on time, so -- and we can withdraw that.
Mr. Alfonso: Thank you, Commissioner.
Chair Hardemon: That will be --
Mr. Alfonso: DI.6.
Chair Hardemon: -- DI.6.
Commissioner Carollo: DI.6.
Chair Hardemon: So let the record reflect that DI.6 was withdrawn without objection and not deferred.
Commissioner Suarez: Thank you.
Chair Hardemon: Any further discussion? All hearts and minds clear -- that includes D2.1, D2.1 -- okay, meeting adjourned.
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CONSENT AGENDA
CA.1 RESOLUTION 16-00326 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Programs/Transportat INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY ("COUNTY"), IN ion SUBSTANTIALLY THE ATTACHED FORM, PROVIDING THAT THE COUNTY OVERSEE THE DESIGN AND CONSTRUCTION OF A FENCE ALONG THE US 1 TRANSPORTATION CORRIDOR BETWEEN SOUTHWEST 24 AVENUE AND SOUTHWEST 27 AVENUE, MIAMI, FLORIDA, TO PROVIDE GREATER VISIBILITY OF LOCAL BUSINESSES LOCATED ALONG THE TRANSPORTATION CORRIDOR; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM PROJECT NO. B-50416, US 1 FENCE DISTRICT 4; FURTHER PROVIDING THAT THE CITY OF MIAMI REIMBURSE THE COUNTY FOR THE ACTUAL BID AMOUNT ASSOCIATED WITH THE PROJECT, WHICH IS PRESENTLY ESTIMATED AT $50,000.00, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED SHOULD THE TOTAL PROJECT COST EXCEED $50,000.00. 16-00326 Summary Form.pdf 16-00326 Legislation.pdf 16-00326 Exhibit - Agreement.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0149
CA.2 RESOLUTION 16-00344 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvement ATTACHMENT(S), ACCEPTING THE NAME CHANGE OF VAN WAGNER Programs/Transportat MIAMI, LLC TO OUTFRONT MEDIA MIAMI, LLC, AS DESCRIBED IN EXHIBIT ion "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO RENEW FOR REQUEST FOR PROPOSAL CONTRACT NO. 272271, BETWEEN THE CITY OF MIAMI AND OUTFRONT MEDIA MIAMI, LLC, PURSUANT TO RESOLUTION NO. 13-0501, ADOPTED DECEMBER 12, 2013, FOR TROLLEY ADVERTISEMENT PROGRAM SERVICES FOR THE DEPARTMENT OF CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM, ON AN AS NEEDED CONTRACTUAL BASIS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
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16-00344 Summary Form.pdf 16-00344 Memo - Manager's Approval.pdf 16-00344 Pre-Legislation.pdf 16-00344 Legislation.pdf 16-00344 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0146
Chair Hardemon: CA.2.
Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements and Transportation. CA.2 is a resolution authorizing a name change of our trolley advertising company from Outfront Media Miami, LLC (Limited Liability Company) to Van Wagner Miami, LLC. It also proposes -- authorizes the Manager for -- to execute the first one-year extension for this company.
Commissioner Suarez: Move it; discussion.
Chair Hardemon: Been properly moved and second -- it's been properly moved. Is there a second?
Commissioner Carollo: Second.
Vice Chair Russell: Second.
Chair Hardemon: Properly moved and seconded. Open the floor for discussion.
Commissioner Suarez: You know, I'll yield. Are you -- do you want to jump in on this?
Vice Chair Russell: Thank you. Yeah, I asked for this item to be pulled, simply because I recognized there is a concern amongst the community that our trolleys, we've spent some money making -- so much money making them look like quaint neighborhood trolleys, and then we have very large advertising on them. As we extend or renew this contract, this is our chance to actually take a look at that. And I've spoken with the company, Outfront Media that does that, and they have agreed to reduce the amount of advertising used on the smaller trolley as -- right now, we have two sizes of trolley. On the larger one, it's somewhat proportional. On the smaller one, it looks a bit oversized. It goes beyond the back tires, and it's a billboard. And they said they would be able to make this reduction without reducing our income at all. We make over 50 percent of the revenue that they take. And I'm not sure exactly what percentage reduction it is. They'll probably be able to speak to that. For me, though, that's -- it's still not enough, in the sense that I'd really like to look at -- right now, the signage goes over the windows, even to -- I mean, floor to ceiling on the side of the trolley, and it kind of takes away from the aesthetic of what we really tried to achieve. And I'm really trying to study with the advertising company, because they don't charge on a per-square footage of advertising; they charge per trolley; and, you know, to really study the market and see what we can squeeze the advertisers on to get the maximum amount of revenue, but still the minimum amount of, you know, visual signage on the side.
Mr. Rodriguez: Commissioner, to answer your question, the size of advertisement --
Chair Hardemon: Could you state your name for the record, please?
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Mr. Rodriguez: I'm sorry.
Chair Hardemon: State your name again for the record.
Mr. Rodriguez: Yes. Jeovanny Rodriguez, director of Capital Improvements and Transportation. The total amount, and percentage-wise, the vendor has agreed to reduce 25 percent on the size to the small trolleys, and that way, it's going to look proportional to the big trolleys. So, basically, the advertisements will still be sort of between the tires, we're going to say. So on the side panels, there will be a max -- there will be a 25 percent reduction; however, since the back of the trolley still remains the same, the overall reduction is 20 percent. And I -- maybe she can --
Vice Chair Russell: Thank you.
Mr. Rodriguez: -- confirm that. She represents the client.
Chair Hardemon: You're recognized.
Iris Escarra: Good morning, Chairman, members. Iris Escarra, with offices at 333 Southeast 2nd Avenue, on behalf of Outfront Media. I just wanted to clarify two points. One point is the name correction is -- the name change is going from Van Wagner to Outfront Media, which is the current operator. And the second point is, yes, we did commit to, on the smaller trolleys, reduce the signage to cover 25 percent. One of the things, though, that we were concerned about is since they understand the market, they know how much they can reduce and still be able to sell it at a viable price for what they're proposing. They try to advertise this with what they call not necessarily higher end retailers, but higher end product, which, in that case, keeps the prices at a certain level that works to make the most generation to the City; while at the same time, not necessarily covering all -- there's approximately 24 trolleys out there being circulated, and about -- on any given day, about half are actually with advertisement as they circulate. So some don't have advertisement on them at all, and some have quality advertisement on them. So one of the things we wanted to express was there's a little bit of flexibility that we have, as we discussed with Commissioner Russell, with regards to reducing the smaller; however, sometimes, we can't adjust it too much, because then it becomes financially not viable to have that advertisement on that trolley.
Victoria Méndez (City Attorney): I just wanted to clarify --
Commissioner Gort: Mr. Chairman --
Ms. Méndez: -- something for the record.
Commissioner Gort: -- if you all recall, we want to expand the trolley. My understanding, we running out of funds, and we all decided to allow the -- look for different ways to get additional revenue so we can continue to do it for free. So I think this is something -- as long as they can keep the same amount of the income coming to the City of Miami, and I'm hoping it can be increased. Now, my question is, I was not aware that we were going to have smaller --
Daniel J. Alfonso (City Manager): My understanding is that the advertiser -- the company has agreed to voluntarily reduce the size of the ad somewhat.
Commissioner Gort: No, no, I understand that, but my understanding is we have two different sizes of trolleys?
Mr. Alfonso: Right now we do, because, if you recall, we had some temporary trolleys put into service while we purchased --
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Commissioner Gort: But they're not really trolleys; they're like buses, like, right?
Vice Chair Russell: This is a different -- sorry. If I understand, there are actually two sizes of the traditional trolley, the full trolley that we have.
Ms. Escarra: Right.
Vice Chair Russell: Only got one window behind the back wheel, and one has like five windows behind the back wheel that extends.
Commissioner Gort: Okay.
Vice Chair Russell: Is that right?
Ms. Escarra: Correct.
Mayor Tomás Regalado: Could I --
Vice Chair Russell: I'm sorry. I'm the Chair right now.
Mayor Regalado: Yes.
Vice Chair Russell: Yes, Mr. Mayor.
Mayor Regalado: Thank you. Thank you, Mr. Chair. I was here as a Commissioner, and Willy also was, when we started the bus shelters and the bus benches, and one of the conditions that then-Commission had on all these contracts was public service. And I think that the City has gotten hundreds of thousands of dollars in public service advertisement; either bus shelter, bus benches, and trolleys, and electric -- electronic billboards. And I think it's important that in this -- if you are talking on reducing advertising, do not consider public service for the City of Miami as advertisement, because now, for instance, we have the "Clean Miami" Campaign in more than -- I would say 50 to a hundred --
Ms. Escarra: Locations.
Mayor Regalado: -- locations throughout the City of Miami. What I'm saying is that if we like have a campaign, "Keep Miami Beautiful," or, you know, "Clean the Bay," or whatever the Commission and the Administration move forward with a service of the City of Miami that we can use space without affecting what they are saying on the advertising; that is -- it's very simple -- do not consider public service announcement for the City of Miami as part of advertising. I don't know if that --
Ms. Escarra: Right. We do that. Outfront is a partner to the City, and there's various different public service announcements that -- "I Believe" Campaign. There was another campaign. Now, it's currently the "Clean Miami" Campaign -- that they participate actively in with all their different forms of communication and advertisement, so they co-exist.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: No, you need to --
Vice Chair Russell: I just wanted to ask if there's any cost to the City when those -- that signage is put up.
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Ms. Escarra: No.
Vice Chair Russell: Even the base cost of the materials?
Ms. Escarra: Correct.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Yeah, I agree with the Mayor, and I also agree with the Commissioner. When we first discussed this issue, you know, we all -- we had -- all had the same heartburn. We sort of expressed the same issue over it, but the other thing that sort of counterbalanced it, as well, was that we knew that the trolley program was going to go into deficit, which is part of the reason why we established the Miami Transportation Trust Fund, which is to make sure that the trolley program never went bankrupt because it was so successful, and it's been so successful. And as Commissioner Gort said, we've expanded it. And so my only question is not really about this issue so much as a direction to the City Manager, if my colleagues agree, that the revenue that's generated from this advertisement program go into the operational fund of the Transportation Trust.
Mr. Alfonso: Through the Chair, Commissioner, all of the funds generated from this program go into the special revenue fund that is for the trolley service.
Commissioner Suarez: Perfect.
Mr. Alfonso: And right now, we're receiving $450,000 a year, roughly, from the advertisement that is done.
Commissioner Suarez: But specifically, the Transportation Trust Fund, correct?
Mr. Alfonso: The trust fund you established is separate. I'm talking about the operations of trolleys. Yes.
Commissioner Suarez: What I'm asking is that it be put in the trust fund, because the trust fund is for -- there's an operational; there's a -- we'll talk about it.
Mr. Alfonso: Yeah. I think you --
Commissioner Suarez: Yeah. I know what --
Mr. Alfonso: -- we have a separate trust fund that you established --
Commissioner Suarez: Right.
Mr. Alfonso: -- through this Commission in the past.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Thank you, Mr. Chairman. And that's something that -- and again, I voted in favor of, but that's something that --
Commissioner Suarez: Yeah.
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Commissioner Carollo: -- you know, I had mentioned during our discussion; that we already had special revenue funds --
Commissioner Suarez: Right.
Commissioner Carollo: -- for -- just for transportation, and my understanding was that now, we're going to name it the special -- the Transportation Trust Fund. So now, it has a name, so because we have special revenue funds, that deals only with transportation. So there are certain requirements on certain funds that can only go to transportation, and we've always had them in special revenues -- special revenue funds. So now, we did the Transportation Trust Fund, and I thought, in essence, what we're doing is we're having one trust fund to put all these special revenues in. No?
Mr. Alfonso: This is -- that's just like -- this is just an accounting mechanism. So there's an account number specifically for the funds that were created in this Commission when we talked about the 20 percent of all -- you know --
Commissioner Suarez: Right.
Mr. Alfonso: -- the funds that come in that --
Commissioner Suarez: All of them are (UNINTELLIGIBLE), but there was also a budgetary percentage that we were putting in --
Mr. Alfonso: I understand that's --
Commissioner Suarez: -- on the operational side.
Mr. Alfonso: Right, exactly.
Commissioner Suarez: Right.
Mr. Alfonso: So to that fund, that account number, there's that budgetary percentage; there's that 20 percent, et cetera. That's the fund that this Commission then has to allocate specifically for whatever projects and/or operating in the future.
Commissioner Suarez: Right.
Chair Hardemon: Commissioner Gort.
Mr. Alfonso: And then we have an operating fund.
Commissioner Suarez: Got it.
Commissioner Gort: My understanding is we are going to expand the trolley services, and as we expand it, I imagine the radius will also be expanded.
Ms. Escarra: Correct.
Commissioner Gort: Now, if we can reduce it, and make it more attractive, and still get the same income, I don't have any problem with it.
Ms. Escarra: The proposal for the 25 percent reduction keeps us with it still financial viability, and keeps us generating the same amount of income.
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Commissioner Gort: Move it, and then look at the other options that effect -- if you can improve it, and make it better, and still make the money, it's fine; come back to us. This time I'll make the motion.
Chair Hardemon: Right. There's a motion and --
Ms. Méndez: Chairman.
Commissioner Suarez: I moved it already, yeah.
Chair Hardemon: -- second on the floor already. Is there any further discussion from anyone on the dais?
Ms. Méndez: I'm sorry --
Chair Hardemon: Madam City Attorney.
Ms. Méndez: -- Chairman, I just wanted to bring up a point that -- I think Commissioner Gort pretty much read my mind, but I wanted to clarify for the record that any reduction in the size will not reduce the revenue that's coming to the City.
Ms. Escarra: For the reduction that we've proposed, with the 25 percent on the smaller trolleys, that is correct.
Ms. Méndez: Is any reduction happening on the larger trolleys?
Ms. Escarra: None.
Ms. Méndez: Is that your understanding, Commissioner Russell?
Vice Chair Russell: It is; I'm not crazy about it, but --
Commissioner Suarez: Yeah, me neither.
Vice Chair Russell: -- I don't want to reduce the income at this point, and to my understanding, they said they would absolutely have to reduce the revenue generated if they --
Ms. Escarra: Correct.
Vice Chair Russell: -- don't.
Ms. Escarra: But this is a one-year extension, and we're happy to work with you during the next year to come up with different options as the trolley expand. I don't know if they're all going to look the same or whatever, but we're happy to continue to work with you.
Vice Chair Russell: Thank you.
Ms. Méndez: Thank you.
Chair Hardemon: Is there any further discussion regarding this item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Escarra: Thank you, everyone.
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CA.3 RESOLUTION 16-00281 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM, GRANTING THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TEMPORARY ACCESS RIGHTS TO ENTER AND USE AN AREA OF CITY-OWNED PROPERTY THAT HAS A WIDTH OF APPROXIMATELY TWENTY-FOUR (24) FEET AND A LENGTH OF APPROXIMATELY ONE HUNDRED FOURTEEN (114) FEET, LOCATED AT 6447 NORTHEAST 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR A PERIOD ENDING NO LATER THAN MAY 31, 2017, FOR THE LIMITED PURPOSE OF SLOPING, GRADING, TYING IN, HARMONIZING, AND RECONNECTING EXISTING FEATURES OF THE PROPERTY WITH FDOT HIGHWAY IMPROVEMENTS. 16-00281 Summary Form.pdf 16-00281 Legislation.pdf 16-00281 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0150
CA.4 RESOLUTION 16-00137 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND HABER & SONS PLUMBING, INC. ("SELLER"), FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 130 SOUTHWEST 51 PLACE, MIAMI, FLORIDA ("PROPERTY"), WITH AN APPROXIMATE TOTAL LOT AREA OF 12,581 SQUARE FEET, AS LEGALLY DESCRIBED IN THE AGREEMENT, FOR A TOTAL PURCHASE PRICE OF FOUR HUNDRED FIFTEEN THOUSAND DOLLARS ($415,000.00), CONTINGENT UPON THE CITY OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER STATING THAT THE APPRAISED VALUE OF THE PROPERTY IS AT MINIMUM THE REFERENCED AMOUNT HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION; WITH FUNDS ALLOCATED FROM THE CAPITAL IMPROVEMENT AND TRANSPORTATION PROGRAM PROJECT NO. B40507, DISTRICT 4 PARK LAND ACQUISITION, IN THE TOTAL AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY FIVE THOUSAND DOLLARS ($425,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE
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TERMS AND CONDITIONS OF THE AGREEMENT. 16-00137 Summary Form.pdf 16-00137 Property Information.pdf 16-00137 Corporate Detail.pdf 16-00137 Legislation.pdf 16-00137 Exhibit - Agreement.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0147
Chair Hardemon: CA.4.
Daniel J. Alfonso (City Manager): Commissioners, CA.4 was a purchase and sale agreement. We just needed to make the correction on the record. It was listed as citywide funds, and it is D4 (District 4) funds.
Commissioner Suarez: Thank you, Mr. Chair. And I'm going to move the item; and again, this is in keeping with -- and I want to thank our DREAM (Department of Real Estate and Asset Management) director -- I like that name -- the DREAM director for being proactive in following the initiative of trying to create pocket parks. It's very, very difficult, because of how expensive land is, to assemble barge of parcels, depending on where we are in the City. And one of the things that I found to be very effective is acquiring parcels on a case-by-case basis; that we can increase our parkland, and we can enrich our neighborhoods. So I just want to thank him. I know it's very close to Commissioner Gort's district, as well, so it's something that his residents will be enjoying, too.
Chair Hardemon: All right. It's been properly moved to accept CA.4. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded that we accept CA.4. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Mr. Alfonso: As amended.
Chair Hardemon: As amended.
CA.5 RESOLUTION 16-00308 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE 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 2015)" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $100,000.00, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES,
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TO BE USED BY THE DEPARTMENT OF FIRE-RESCUE TO ACQUIRE EQUIPMENT AND PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 16-00308 Summary Form.pdf 16-00308 Legislation.pdf 16-00308 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0151
CA.6 RESOLUTION 16-00146 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire-Rescue ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF THE ANNUAL FIREFIGHTER PHYSICALS WITH LIFE EXTENSION CLINICS, INC. FOR THE FIRE-RESCUE DEPARTMENT, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE COMPETITIVELY BID AND EXISTING POLK COUNTY CONTRACT NO. 13-407, EFFECTIVE THROUGH SEPTEMBER 30, 2016, WITH TWO (2) ONE (1) YEAR AUTOMATIC RENEWALS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY POLK COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00146 Summary Form.pdf 16-00146 Checklist.pdf 16-00146 Evaluation Results.pdf 16-00146 Notice of Request for Proposal.pdf 16-00146 Recommendation of Award.pdf 16-00146 Bid Response - Life Scan Wellness Centers.pdf 16-00146 Request for Proposal - Polk County.pdf 16-00146 Legislation.pdf 16-00146 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0152
CA.7 RESOLUTION
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16-00282 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO General Services SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Administration AMENDED, CLASSIFYING ONE (1) FORD CROWN VICTORIA POLICE INTERCEPTOR, MODEL YEAR 2007, VEHICLE IDENTIFICATION NUMBER 2FAFP71W97X108782, AS CATEGORY "A" SURPLUS STOCK, AND DONATING SAID VEHICLE TO THE MIAMI POLICE BENEVOLENT ASSOCIATION, INC., UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 16-00282 Summary Form.pdf 16-00282 Back-Up Document.pdf 16-00282 Back-Up from Law Dept.pdf 16-00282 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0153
CA.8 RESOLUTION 16-00341 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Procurement RECEIVED JANUARY 25, 2016, PURSUANT TO INVITATION FOR BID NO. 526387, FROM REFLECTIONS PRODUCTIONS, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CITYWIDE ENTERTAINMENT AND SPECIAL EVENT EQUIPMENT RENTAL SERVICES UNDER GROUP D: MISCELLANEOUS SPECIAL EVENT EQUIPMENT, FOR A CONTRACT PERIOD OF FIVE (5) YEARS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS FOR INCLUSION IN THE POOL AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE POOL CONTRACT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00341 Summary Form.pdf 16-00341 Memo - Manager's Approval.pdf 16-00341 Corporate Detail.pdf 16-00341 Bid Response.pdf 16-00341 Invitation for Bid.pdf 16-00341 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0154
CA.9 RESOLUTION
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16-00352 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 18, 2016, PURSUANT TO INVITATION FOR BID NO. 588390, FROM SIMTEK MODULAR, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE A NON-LIVE FIRE MODULAR SHOOT HOUSE AS A SINGLE PURCHASE CONTRACT FOR THE MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS FROM ACCOUNT NO. 12000.191602.664000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF PURCHASE. 16-00352 Summary Form.pdf 16-00352 Memo - Manager's Approval.pdf 16-00352 Bid Tabulation.pdf 16-00352 Corporate Detail.pdf 16-00352 Bid Response.pdf 16-00352 Invitation For Bid.pdf 16-00352 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0155
CA.10 RESOLUTION 16-00049 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF LAMEL LATTIMORE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.524000.0000.00000. 16-00049 Memo - Office of the City Attorney.pdf 16-00049 Memo - Budget Sign-Off.pdf 16-00049 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0156
CA.11 RESOLUTION 16-00440
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Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Tomas Regalado ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM CITIES OF SERVICE, IN AN AMOUNT NOT TO EXCEED $100,000.00 , AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "2015- 2016 CITIES OF SERVICE - CHIEF SERVICE OFFICER" IN ORDER TO HIRE A CHIEF SERVICE OFFICER ("CSO") WHO SHALL SUPPORT CITY-LED, CITIZEN-POWERED INITIATIVES TO TARGET SPECIFIC NEEDS ("PROGRAM") ; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AMENDMENTS, MODIFICATIONS AND EXTENSIONS THERETO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT, HIRE A CSO AND IMPLEMENT THE PROGRAM. 16-00440 Back-Up Documents.pdf 16-00440 Legislation.pdf 16-00440 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0148
Daniel J. Alfonso (City Manager): CA.11.
Chair Hardemon: CA.11.
Mr. Alfonso: CA.11, Commissioners, we wanted to make a clarification. I spoke to our Grants Administration. There had been a question as to whether the second year of the grant demanded that the funding be placed in there by the City of Miami, and I was told that it's not a demand; that it is a aspirational goal, but not that it has to be funded.
Mayor Tomás Regalado: And Commissioners, good morning again. What this grant from Cities of Service does, it's allow the City for one year to hire a person with certain qualifications to work with the Mayor's Office in terms of measuring the volunteer programs in the City and inside the City, and create the -- a threshold of how voluntarism serve and impact the lives of the people of Miami, and incentivize volunteer programs in the City of Miami. This is at no cost, like the Manager said. There is no requirement at all to -- for the City to pay for a second year. They just said that in some cities, it has been a success, and they -- the cities have done it by them self, but we are not required. And we have to report to Cities of Service about the different threshold that we are achieving with this. The person that could and will be selected has to go to a training in June, and this is why we have this in our agenda. Thank you.
Chair Hardemon: Is there a motion to accept?
Commissioner Suarez: So move.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion on the item?
Mr. Alfonso: Mr. Chairman.
Chair Hardemon: You're recognized.
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Mr. Alfonso: Sorry; one more correction. The item was listed at 97,500 to be received by the City. The grant is actually $100,000, so I want to make that correction, as well.
Chair Hardemon: Will the mover and the second agree to that modification?
Commissioner Carollo: Yeah.
Commissioner Suarez: Yes.
Chair Hardemon: Yes. Any further discussion about the item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Adopted the Consent Agenda
Motion by Commissioner Suarez, seconded by Commissioner Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
END OF CONSENT AGENDA
Commissioner Suarez: Move the remainder of the consent agenda.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded to accept CA -- the consent agenda. Is there any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PERSONAL APPEARANCES
PA.1 PRESENTATION 16-00129 District 4- PERSONAL APPEARANCE BY CITY OF CORAL GABLES COMMISSIONER Commissioner VINCE LAGO REGARDING CONNECTION OF THE CORAL GABLES Francis Suarez TROLLEY LINE WITH THE CITY OF MIAMI COCONUT GROVE AND LITTLE HAVANA TROLLEY LINES.
16-00129 E-Mail - Personal Appearance.pdf 16-00129 - Miami Trolley Routes.pdf 16-00129 - Coral Gables Trolley Route.pdf DEFERRED
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Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo / absent: Suarez), deferred Item PA.1 to the April 28, 2016 Planning and Zoning Commission Meeting.
Chair Hardemon: And also, PA.1, Vince Lago, he will not be able to appear today; and so, because he's not able to appear today, if there is no objection, I will continue his item to April 28 meeting. Hearing no objection, it'll be continued to that. We will defer it to that day.
PA.2 PRESENTATION 16-00459 PERSONAL APPEARANCE BY SENATOR MIGUEL DIAZ DE LA PORTILLA REGARDING A LEGISLATIVE UPDATE. 16-00459 E-Mail - Personal Appearance.pdf
PRESENTED
Chair Hardemon: What we'll do at this time -- I mean, we're more than aware that we can't cast any votes, because we don't have quorum; however, we can still allow individuals to speak before us on the record. And so, I'd like to recognize the best-looking, best-dressed senator in the State of Florida.
Commissioner Gort: You got quorum.
Chair Hardemon: You got to give him almost a round of applause, right? Let's recognize Senator Miguel Diaz de la Portilla. Welcome, sir.
Senator Miguel Diaz de la Portilla: Wow. (UNINTELLIGIBLE). Mr. Chairman, by the way, congratulations. This is the first time that I get an opportunity to refer to you as "Mr. Chairman" in the public (UNINTELLIGIBLE) Tallahassee (UNINTELLIGIBLE), but it's my first time before the City Commission since you were elected Chairman. And congratulations also to Vice Chairman Ken Russell. I haven't had the pleasure of meeting you yet, but I look forward to working with you, as well. And I see my good friend, Commissioner Carollo, has joined, as well as Willy -- Commissioner Gort, who's also been a long-time friend. It's my pleasure to be here today to provide a brief legislative update, and I'm going to be very brief in my presentation, but will make myself available for any questions and any discussion that you all may have for the upcoming legislative session; or any questions about the past legislative session, as well. I want to start by basically saying that, you know, we measure success in Tallahassee in several different ways. One of the ways that I measure it is, what we do to protect home rule, what we do to protect the power of local government. As you may know, I'm a local government guy. You know, I got my start in public service by serving on the Board of County Commissioners in Miami-Dade County when I was a very young man, before any gray hair, and I believe in local government. I think this is the government that is closest to people. You're in the trenches each and every day. What we do in Tallahassee is important, but it's at the 60,000-foot level. You guys are in the ground dealing with issues, and I was here this morning when you dealt with some very, very important issues. That's why my item -- or my presentation didn't come up back then, but I appreciate the difficult task that you do, because I was in a similar position when I served in local government. There were a number of preemption bills that would have preempted you and every local government that were filed this year. Every year that I've been in the Legislature since 2010, I fought real hard to keep those preemption bills from becoming law, because, again, I believe that the government that governs best is the one that's closest to the people. Among the preemption bills, there was one that would have preempted your ability to require a living wage to be paid to those employees of those who have contracts with the City of Miami. The living wage is something that's very near and dear to my heart, because I was the co -- primary sponsor of the Living Wage Ordinance when I was on the County Commission in the 1990s, from '93 to 2000, along with Commissioner Natacha Seijas back then. And I know the
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Living Wage Ordinance is a very important thing to local governments, because if somebody's going to be contracting with government and benefitting from government contracts, it's important not just for those companies to reap the benefits of that, but for their employees to earn a living wage as well, and that was one of the preemptions bills that was presented in Tallahassee, and that I took a strong role in defeating; not just this year, but the year before that, and for the four years prior. And every year we've had some effort to either preempt living wage or preempt wage theft, or those things that are very important to those of us who have served in local government, and those of you who serve now, because that's important. We need people who work to not live in poverty. We need people who work in this community to be able to support their families; and sometimes, unfortunately, there are people in the Legislature who haven't had the opportunity, the privilege of serving in local government, and they may not realize that. Those of us who have and those of you who do know how important that is. There were a number of unfunded mandates that were also presented by way of bills, and we defeated most of those as well, and so I think that's important. We move now to appropriations. We put a number of things in the budget that were important; some of them were vetoed, unfortunately, by the Governor. We had about $250 million in local projects. That's how we in the Legislature, particularly in the Florida Senate define economic development. It's by bringing dollars home to those local communities that know exactly where those resources need to be allocated and spent. Unfortunately, there was a difference of opinion with the Governor's Office. Governor wanted $250 million in incentives to bring companies into the state. We, instead, funded about -- approximately 400 or $500 million of local projects, and coincidently, there were $258 million in vetoes as a result of that. But we did get money for the Seybold Canal, which is very, very important for the cleanup of the Seybold Canal. It's important to go back next year and get additional dollars. That is an important project not just for the City of Miami, but I think it's an important message to send across the state that we are going to do something about protecting our environment and cleaning up those bodies of water and pieces of land that are contaminated or "environmentally damaged," to use that term. We were able to bring money for the Allapattah Community Action for meals for the elderly. That was about $361,000, and that wasn't vetoed either. We were able to retain important funding sources for the City that would have been on the chopping block. There was a plan to cut a billion dollars in taxes. Unfortunately, some of that money was money that would have been taken out of city budgets that go directly into services for the community. Instead, we did, in the Senate -- and the Senate led the charge in this -- responsible tax cuts. Among them, funding the local effort for schools to the tune of $429 million, which provides tax relief, property tax relief to the residents of City of Miami, and every city, every property owner in the state, because the local effort for public school funding is now being funded by the State, and that's amounts to a $429 million tax cut for Floridians. We also put in the back-to-school tax holiday, three days, and that's important for working families. So these are tax cuts that go to the pockets of working families, rather than big business and those who don't need the tax cut. And, of course, we did do a tax cut on manufacturing equipment, because it's important to have some form of manufacturing in our state. A lot of those jobs have left the state, and in fact, even left the country. I know there are a number of other issues, and now I go to the legislative front in terms of bills that became law, that I think inure to the benefit of the City, and I'll highlight some of those. We passed a bill that prohibits neighborhood gun ranges or gun ranges in residential areas. I think that's a very, very important bill. That, you know, type of activity clearly presents a danger to our communities. And I was proud to sponsor and get through the legislative process a bill that created clarity when it comes to the siting of assisted living facilities by establishing a clear radius of 1,200 feet for group homes of -- between 7 and 14 residents, and those of 6 and fewer. I know that in many neighborhoods, there's been a proliferation of these ALFs (Adult Living Facilities). I know they serve an important function, but it's also critical for cities to maintain the integrity of their neighborhoods and the character of their neighborhoods. And if you have a proliferation of this use in many neighborhoods, you do affect the quality of life of the neighborhoods, and you do affect the character of neighborhoods. So this bill that I sponsored -- and it was also sponsored in the House by Representative Bryan Avila, who I worked very closely with in getting it through the process -- is a bill that I think will inure to the benefit of all the neighborhoods in the state of
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Florida and in the City of Miami, in particular. I mentioned Wagner Creek. Another area that is very near and dear to my heart is what we do about mental health and how we deal with mental health. There are over two million people who, each and every year, in the country, with serious mental health issues, fall into the criminal justice system. These are people who otherwise wouldn't be in the criminal justice system if they received proper diagnosis and proper services, mental health services. And so, with the help of Senator Rene Garcia, who sponsored a bill, creating a “No Wrong Door” policy for those with substance abuse and those with mental health issues, aligning the Baker Act and the Marchman Act; and my bill, which creates a framework for mental health courts in the criminal justice system. We've started the process of making sure that we provide services to those with mental illness so that we can mainstream those folks and get them back into society, and take them out of a rotting prison cell. In addition to that, we clarified the language on the homestead exemption for those 65 and older, who have household incomes of under $20,000, so that the just value at two -- is set at $250,000 at the time of initial application for that additional exemption, so that there isn't an increase in property taxes or a property tax consequence to those elderly folks on fixed, low incomes, who have owned homes for a long time. And I mentioned the living wage, and we know that as a public works exemption; we took care of that and made sure that didn't happen. Those are just some of the highlights. You know, over 2,000 bills were filed this session; about 10 percent make it. A lot of those that didn't make it were very bad bills, and I had a direct hand in making sure those bills didn't become law, including the Campus Carry Bill and the Open Carry Bill, which were bills that would present a clear problem for law enforcement in terms of enforcing the law, and clear issues as far as our economic activity and tourism activity. If you can imagine folks being able to parade down Coral Way, or Coconut Grove, or any of our major, you know, tourist areas along Bayside openly carrying firearms. Not the right message; not the right image for our community. And so that bill was a bill that I personally defeated by not agendaing [sic] in the Judiciary Committee, as well as the Campus Carry. And there was an immigration bill that was -- that cleared the House of Representatives. By the way, these two gun bills also cleared the House of Representatives. It passed out on the floor. They died in the Senate, the two gun bills that I was referring to. But also, an immigration bill that would have amounted to an unfunded mandate as well to local government, which basically would have required every local government official to be, in essence, a deputy border patrol agent, requiring tremendous expenditures of funds to cities; and it would have required, again, our teachers and anybody who is a public employee to work as a deputy border patrol agent; not the right environment and not the right message to have in our schools. So I think it was a very successful session. In the big picture, we passed an $82 billion budget with a $3 billion rainy-day fund reserve; funded education at record levels; put $200 million for Everglades cleanup, which is very important to us and the entire state, but in South Florida in particular; and are looking forward to working with you in the upcoming session to get your legislative priorities adopted, and to defeat those bad bills that affect local governments. I'm open for any questions. Thank you.
Chair Hardemon: Thank you very much. Any questions?
Vice Chair Russell: Thank you for advocating on behalf of us.
Senator Diaz de la Portilla: Thank you, Commissioner.
Commissioner Gort: Thank you.
Senator Diaz de la Portilla: My pleasure. Thank you, Commissioner.
Commissioner Gort: There was two bills in there were interest to me: the gun range be handed back and in the back yard. Can you imagine that?
Vice Chair Russell: Being successful on those sorts of things is no small feat in Florida, I can imagine, so congratulations.
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Senator Diaz de la Portilla: Thank you. Two things that I forget to mention, actually. The underline got $2 million in funding, and the Ludlam Corridor, $3 million in funding, and those are two very important projects, not just for the City of Miami, but for the entire community of Miami-Dade County. Thank you.
Vice Chair Russell: Thank you.
Chair Hardemon: Thank you very much.
Chair Gort: Thank you.
Daniel J. Alfonso (City Manager): Mr. Chairman.
Chair Hardemon: Yes, you're recognized, sir.
Mr. Alfonso: Sorry. If it's okay with the City Commissioner, we had DI.4, but I think the Senator's done such a great job explaining the legislative updates that I don't know we'll need to do the report. If it's okay, we can withdraw that item?
Commissioner Suarez: Fine with me.
Chair Hardemon: That's fine. Thank you very much.
Commissioner Suarez: Good job, Senator.
Victoria Méndez (City Attorney): And Commissioners --
Commissioner Suarez: Come back any time; every year, if you want.
Ms. Méndez: -- I wanted to advise that every time that we had any issues in Tallahassee, when we would call the Senator, he was always there, ready, willing, and able to help, so he -- we have a very good friend in the Senator. Thank you.
Senator Diaz de la Portilla: Thank you. My pleasure, and thank you all. And by the way, I'd be remiss if I didn't personally commend the effort that Diana Arteaga and your contract lobbyists have done in Tallahassee to make sure they stay in our faces and, you know, in our cell phones, and in our text messages with the City's priorities.
Chair Hardemon: Thank you.
Commissioner Suarez: Thank you.
Chair Hardemon: Thank you very much. Is -- Vince Lago is here?
Commissioner Suarez: No. I think he had to go, unfortunately.
Chair Hardemon: All right.
PA.3 PRESENTATION 16-00339 PERSONAL APPEARANCE BY GUILLERMO DE LA PAZ REGARDING CODE ENFORCEMENT.
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16-00339 E-Mail - Personal Appearance.pdf 16-00339 Back-Up from the Administration.pdf PRESENTED
Chair Hardemon: Let's move on now to personal appearance. Personal appearance, Mr. Vince Lago -- or Commissioner.
Commissioner Suarez: I know he was here to talk about the trolley program. I don't see him in the audience, so if you don't mind, Mr. Chair, if we can just wait until he arrives?
Chair Hardemon: That's perfectly fine.
Commissioner Suarez: Thank you.
Chair Hardemon: I gave my word to have a representative from the Haitian community, Ms. Gepsie Metellus. She's here, but that -- they're scheduled to speak at 10, so I'm going to wait until 10 before I allow you to speak. So moving on now to PA.3, personal appearance, Guillermo de la Paz. Guillermo?
Commissioner Suarez: Nobody's here on the PAs (Personal Appearances) today, huh?
Chair Hardemon: Guillermo, going once; if you're watching outside, Guillermo going twice.
Commissioner Suarez: "No seo."
Later...
Chair Hardemon: So we'll move on now. Guillermo de la Paz, how you doing, sir? All right.
Guillermo de la Paz: Guillermo de la Paz, 3441 Charles Avenue. I build my house last year, and I move in on July last year. Since then, I'm trying to get engaged with the community. I have fixed the street. I work with the previous Administration to fix the sidewalks, and work with the Code Enforcement to be able to walk to the sidewalk, and I have been very unsuccessful to continue to work with Code Enforcement in the City. I sent numerous pictures of overgrown lots. I have called management, all levels on the City, and I'm very unsuccessful on that. If you drive over today by -- in the West Grove, there is lot with six feet of grass. I'm six feet. And the grass, it doesn't grow in three days. So that's my request; if something can be done. And the system basically is -- you call -- you send a picture of the lot, they send an inspector, they put a notice, and that's it. There's no -- there is no fine; there is not a follow-up; just wait 45 days for me to call the Code Enforcement Department and pass by again.
Chair Hardemon: Mr. Manager, is there anything that we can do to help this gentleman?
Daniel J. Alfonso (City Manager): Yes, Commissioners. Every -- our staff met with the gentleman a few days ago. Every lot that he has a concern on, we have cited, so those people are incurring violations. To the extent that we, at sometimes, have to go into the lot and remove the debris ourselves; then we put a lien on that property, with the encumbrance of the work that we've done. We -- I believe we have worked as diligently as we can within the confines of the rules that we have right now. Our Code director is here; he can tell you some of the specific things that we've done. Specifically, to the six-foot grass, I mean, I even had my Assistant City Manager go out there and drive the area, and look at it; what his concerns were, so we have not ignored the gentleman. We have tried to do everything we can to address his concerns.
Vice Chairman Russell: Mr. De La Paz, I --
Mr. De La Paz: Yes.
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Vice Chair Russell: -- did we meet when I was knocking doors --
Mr. De La Paz: Yes.
Vice Chair Russell: -- at your house? I remember.
Mr. De La Paz: You came to my house, and I offer you water.
Vice Chair Russell: I do remember. Thank you very much. I sincerely want to thank you for all your diligence. At first, when I saw this coming up, I wanted to look into it; and I asked our management, you know, what hadn't -- had or had not been addressed, and you've brought many issues to our attention as a city. And I guess I just want to ask you, heart to heart, if you feel that -- have they not been responsive in even hearing you, or have they been able to solve some but not all of your problems, or is it that it just hasn't been fast enough, or have you gotten nothing? What is your feeling?
Mr. De La Paz: I have met couple of people, like Daniel Sierra; very proactive person on the Code Enforcement Department. And the way that it goes is you call him, you send a picture, the address; he send inspector. If I don't do that, doesn't get done.
Vice Chair Russell: You're looking for more proactive enforcement from the Administration before complaints get made?
Mr. De La Paz: Yes. I have picked up -- paid out of my pocket, and I have paid for people to pick up pianos, AC (air conditioner), furniture. I even call -- there was a City truck dumping garbage in Charles Avenue; a City truck driving [sic] by the City employee, dumping garbage in that City -- in that street, and the reason why is because it's so dirty and it's so unattended. I don't know why those things happen there, and I don't believe -- West Grove is 15 square blocks. I don't believe that the City has an inspector that gets paid a salary, a car, a computer, an office, and is not able to drive around and follow up that. Again, the grass, it doesn't grow in three days. If you see a lot that has six foot of grass, it means that someone hasn't been there; or the system in place, it doesn't work, whether it -- you don't fine the person. You don't follow-up in that case, the grass is still growing, and people still throwing garbage into those lots. There is Home Depot cars, tires. When I was able to pull the -- build the permit in my house, I was required by the City of Miami to have a fence cover, to have a trash container, to have a bathroom, and to have a lock that locked. Those are requirements. My service of garbage was interrupt, because I was under construction. Across my lot, there was people living on the lot without water, without a bathroom, and they have the right to have their garbage picked up. So the system encourage people to move into those lot to throw garbage into it. And for the people who go through the system -- pay the taxes, the impact fees, their inspection fees, all those fees -- I have to be calling the Code Enforcement every 45 days to be able to walk in my sidewalk. Charles Avenue is about 19 feet wide. By the way, it's a historic street on the City, and I don't know what the Historic Department does about it, because no one cares what happen there. And have become my job every 45 days to send the City pictures of what's going on there. I don't know what they doing, but it doesn't work.
Vice Chair Russell: I'm your City Commissioner for your district, and I take responsibility for it, and I apologize, because you have moved into a neglected neighborhood. It's no secret; the West Grove, the streets don't look like other parts of even my district, and it hasn't been prioritized legislatively, administratively. I met with my Capital Improvements Department to go over all the projects within the district, and there's a map, a visible map that shows -- you can see all the lines and where projects are planned. There's just nothing planned to benefit the West Grove; I'm going to change that. I met with Solid Waste to really talk about street sweeping and pick-up of debris that's just in the streets for weeks at a time, and I've seen it. I've walked it; I know exactly
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what you're talking about. Your expectations are high, but they should be. Your street should look like any other street in the entire district or the City, and, you know, you've got my word. I appreciate you coming today in this public forum. I'm sorry you didn't get to speak this morning. I know you've been here for hours, and that just shows how important it is to you, and the diligence with which you've, you know, kept on our Code Enforcement, our management. I understand you had meetings yesterday with the NET (Neighborhood Enhancement Team) Office, and --
Mr. De La Paz: Yeah. I drove yesterday around with two -- with Daniel Sierra and Jessica from the NET Office. We drove around. I took three hours out of my day to drive around and show the lots, and they're there. The grass is there. It's real. The garbage is there. So I think whatever system the City use -- I was reading on the coconut story; that he was going to be found [sic] $500 a day for the coconuts. Why we cannot find a person who owns a lot, which, by the way, most of those people living in Key Biscayne and Coral Gables, they cannot have their houses like that. How can the City pay an inspector to go every 45 days, like a private secretary, knocks in those houses: "Hey, you have to cut the grass"? It's not an efficient way of maintaining the City. They should be fined. They should have a number in front of the empty lot, a mailbox. We -- listen, it's like a sport. If you don't -- you have to change the picture. I don't know. We have to do something about it.
Vice Chair Russell: But have some of the items that you've brought to the City been addressed and remedied?
Mr. De La Paz: Yes and no. Yes and no. If the City send a notice and that person cut the grass within, let's say, 10 days, that's it; they close the case. Then in 45 days, I have to call again, send a picture. These are the lots; these are the grass, and the inspector go backs again.
Vice Chair Russell: So your preference would be that there's no warning, but rather a fine from the initial --?
Mr. De La Paz: I don't know. It's up to you guys.
Vice Chair Russell: Right. I'm just curious what you prefer, sir.
Mr. De La Paz: We have to change something. It doesn't -- the system that is in place now, it doesn't work. By the way, if you're on a construction site and you get an inspector said, that -- you have to move that wall or do this, you get a red tag, and you get charged an inspection fee, re-inspection fee for that inspector go backs to your construction work. That happen to the people who tried to embrace change.
Vice Chair Russell: Well, like I said, you've got my word to -- I'd be glad to meet with you at my office to go over the specific issues. I'd be glad to go to the neighborhood as well and really see what's going on. And I've already started working with management, as I said, to improve the situation.
Mr. De La Paz: I do want to mention -- and I want to make a point about Daniel Sierra. He's the district manager for that department. He have done a hell of a job. He's reachable. He respond emails and even text message within 10 minutes. And he's a great addition for the City.
Vice Chair Russell: Thank you.
Mr. De La Paz: Thank you.
Mr. Alfonso: Mr. Chairman, can I let the director address some of the concerns?
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Chair Hardemon: Yeah, of course.
Mr. Alfonso: Thank you.
Eli Gutierrez: Good morning, Mr. Chairman, Commissioners. For the record, Eli Gutierrez, director of Code. As Mr. De La Paz has said, yes, Danny Sierra is the supervisor of the area. As soon as his concerns started appearing, Danny has emailed -- has done as much possible with communication with Mr. De La Paz. We explained to him the process. He's a little frustrated with our process. Unfortunately, as you know and Madam City Attorney, we have to follow a certain process. Lots that are locked, we can't break those locks to get in. The ones that are free, we can go ahead and cut it. As far as getting a hold of these lot owners -- in today's agenda, in the second reading for the vacant registry, we'll be able to eventually have a mechanism to get a database of these particular absentee owners that own lots and vacant properties, and we'll have a better way of contacting people instead of having to baby-sit, per se. And just one last thing I wanted to say with Mr. De La Paz. Of the, I believe, 18 or so complaints, we -- not received just directly from him; we received a couple from him in Charles Avenue -- we currently have only four open. We also set up -- there's a new inspector in the area, by the way, that's in the grid; has made it a point to travel more often through Charles Avenue. We do travel, but these zones of our inspectors are not exactly small, but he'll make it more of a point. And actually, the inspector was with Mr. De La Paz yesterday. So that's where we are now. The unresponsiveness, I don't think that's valid, especially with Mr. De La Paz' comments from Supervisor Sierra. That's all.
Chair Hardemon: Thank you very much. Commissioner Gort.
Commissioner Gort: Let me tell you, this is something that I'm going to be addressing in next City Commission meeting. One of the problems that we have is no follow-up. Inspector gets down; he puts a document on the door or in the fence, and then it sits there for a while, and they got to call back and complain. This is why I've been insisting that the NET Office should work closely -- the NET officers, with the Code Enforcement, and the Police, and they should be aware of what's going on in the neighborhood. NET should be aware of what's going on in the neighborhood, and I think they're trying to accomplish that. But we need to set up -- part of the problem that we have in the past, because the Law Department stated that this had to be a due process, but a due process, sometimes it takes too long, and people do -- they get desperate. They file a complaint. They don't see any action taking place, because it takes a while because of the due process, and that's something that I've been working on, and I'm going to continue to work on it, because we got to expedite the due process. That's for sure.
Vice Chair Russell: Thank you.
Chair Hardemon: Thank you very much. Thank you very much.
PA.4 PRESENTATION 16-00340 PERSONAL APPEARANCE BY ELVIS CRUZ REGARDING REPLANTING LONG-ESTABLISHED COCONUT PALMS IN THE RIGHT-OF-WAY. 16-00340 E-Mail - Personal Appearance.pdf 16-00340-Submittal-Elvis Cruz-Coconut Palm Documents.pdf 16-00340-Submittal-Elvis Cruz-Coconut Ban Power Point.pdf 16-00340-Submittal-Vice Chair Russell-Car-Coconut Photo.pdf PRESENTED
Chair Hardemon: Moving on now to PA.4, Mr. Elvis Cruz.
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Commissioner Suarez: Going once.
Commissioner Gort: Once.
Commissioner Suarez: Going twice.
Chair Hardemon: Elvis has to stop planting trees in the median.
Later...
Chair Hardemon: I think Mr. Cruz knows that he's next. Mr. Cruz, I hope you say something that makes me happy.
Elvis Cruz: Thank you, Mr. Chairman and Commissioners; and thank you, City Manager Alfonso, for this discussion about an important issue that Miami's residents were not aware of. I was recently shocked to find out that City staff had set a policy of no longer allowing coconut palms to be planted on Miami streets. Some brief history: The coconut palm has been part of Miami's history since the 1830s, long before the City was born in 1896, which was 120 years ago. From Henry Flagler's Royal Palm Hotel to Avenue “B,” which is today's Northeast 2nd Avenue, to the Brickell area, to Bayfront Park, to Little River, to Flagler Street, it is difficult to find historic photos of Miami streets that do not show the coconut palm. Miami has a thriving tourism industry, and the coconut palm has always been part of our sun and fun tropical tourism marketing image, and then there's Coconut Grove. Coconut Grove was the first named place in Miami and was an incorporated town in 1919 before it was annexed by the City of Miami in 1925. This was the official town seal. Coconut Grove was so named for its coconuts. Do we really want to take the “coconut” out of Coconut Grove? Many of your constituents love coconut palms. My neighborhood, Morningside, dates back to the 1920s, and the coconut palm has always been planted along its streets. In the 1980s, I was a key player in several tree-planting projects in Morningside. Page 1 of your handout is a copy of this permit from the City of Miami for the planting of 100 coconut palms in Morningside. It's made out to me. Please note that the permit has no expiration date and no deadline. Back then, the City was very happy that citizens were planting coconut palms to beautify the City. Many of those coconut palms came from the City of Miami itself. That's right, the City of Miami gave us the coconut palms because, at that time, the City of Miami had its own nursery on Northwest 14th Street and 24th Avenue, and I'm sure Commissioner Gort remembers the Fern Isle Nursery. A few years later, the State of Florida had a nursery growing coconut palms for city streets. Morningside has medians, and many of those medians were planted with coconut palms, especially the circular medians in the intersections. I personally planted the circular medians with coconut palms in 1991. Shortly after I planted those coconuts, I received a commendation from the City of Miami for having planted them. Page 2 of your handout is a letter from the City of Miami's Committee on Beautification and Environment with that commendation. Quote, "I commend you for the leadership role you have taken in accomplishing same." A few years ago, one of the coconut palms in this median was hit and killed by a City of Miami vehicle. On February 1, 2015, I replanted with this baby coconut palm; these two young neighbors helped. On February 25, 2016, over a year later, I found this notice of violation, “potential property lien,” taped to my home. That's page number 3 of your handout. The notice accused me of having violated City Code, and the corrective action required was for me to obtain an after-the-fact permit for the coconut palm I had planted in the median. How bizarre is that? The City originally grew coconut palms and gave them to its citizens, and it gave citizens permits to plant the coconuts, and gave me a commendation for doing so, but now the City is punishing this same citizen for having planted the same species of coconut palm in the same location. Why? Because unknown to me, and most everyone I've spoken to, the City had quietly made a policy about two years ago, I was told, that, quote, "Fruit trees were no longer allowed on city streets." That policy was made without public notice, public hearing, or public input. There was no public process or transparency. I've had conversations with City staff, and it does make sense that some fruit trees,
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like avocado or mango, could be problematic on city streets, because they produce what might be called "a wet fruit," which can splatter and leave a slippery sidewalk, or simply rot and attract insects and rats, but coconuts produce a dry fruit. They don't splatter or rot; over time, they simply dry out. Yes, a coconut can fall and damage a car, so it's a good idea to avoid planting coconut palms where cars park, but cars don't park on our medians. Coconut palms can be planted there without fear. So a blanket policy that prohibits coconut palms in the right-of-way, a one-size-fits-all sort of rule doesn't consider the fact that there are locations where there is no problem with coconuts. And there are many benefits to having coconut palms on Miami streets. The coconut palm is a beautiful, gorgeous tree, deeply interwoven with Miami's history, image, and culture. Those intangible benefits were not mentioned by City staff in my conversations. They tended to see the glass as half empty. They only spoke of any potential downside, and did not mention the upside. If we all follow the practice of only looking at the downside of things, none of us would have babies, because babies have so many downsides. Babies soil diapers, and they wake you up for a 3 a.m. feeding. Then they go through the “Terrible Twos,” and they can be a little messy. They eventually become rebellious teenagers, and they cause their parents to worry a lot, and they can be very expensive to raise.
Vice Chair Russell: You lost me.
Mr. Cruz: And yet --
Commissioner Gort: That's not my experience.
Mr. Cruz: Well --
Commissioner Gort: That's not my experience.
Mr. Cruz: -- you're lucky parents. And yet, despite the downside, people keep having babies. Why? Because the upside outweighs the downside, and so it is with the coconut palm. There is no need to throw the baby out with the bath water. Moreover, the downside of falling coconuts is easily resolved. Commissioners, I've never been an elected official, but from what I've seen and heard, elected officials like to do things that create jobs or protect jobs. There are many professional coconut harvesters that have been working throughout Miami for years, picking coconuts while they're still green before they can fall. They perform this service for free, because they then turn around and sell the coconuts to fruit stands and restaurants, mostly in the Spanish-speaking parts of town, which then sell them as coco frio, chilled coconut water. Coconut harvesting is a job that resolves that conflict, benefiting all parties, and it will cost the City nothing, zero. If there's a fear of liability with coconut harvesters, they can be trained, they can be required to satisfy legal requirements, like hold harmless agreements or waivers. Gentlemen, we can have our cake and eat it too. You can simultaneously create jobs and beautify the City at zero cost to the City. This can be a win/win/win situation: The neighborhoods can have beautiful coconut palms, the coconut harvesters can make their living, the restaurants can make their money, and their customers can enjoy healthy coconut water. But for now, I'm in a catch-22, where one City department says I have to get an after-the-fact coconut-planting permit, while another department says I can't have an after-the-fact coconut-planting permit. The coconut band is only an internal, informal City policy. It has not been codified. The City's right-of-way tree list is a list of recommendations which, quote, does not rule out other species in the public rights-of-way, and for a good reason, as there are many species of trees in the world which could greatly enhance our streets. In fact, there are coconuts in front of and there's even a small forest behind City Hall, where we are now. Also, the City of Miami itself continues to plant coconut palms. This coconut was recently planted on the Miami River greenway on North River Drive. You can see that it still has two-by-fours propping it up. And here is a brand-new planting of coconut palms in the median of 27th Avenue and Tigertail. But when I planted a coconut, I received a notice of violation, and the threat of a $500-a-day fine, with a potential property lien on my home. Welcome to my world, gentlemen, where no
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good deed goes unpunished. The Miami-Dade County Street Master Plan recognizes that there's a difference between planting trees in a swale and in a median. Quote, "Median trees may offer more flexibility of species, depending on the size of the planting area." Morningside is Miami's first historic district. We're having a historic home tour this Sunday, April 17; you're all invited. Coconut palms are historically appropriate street trees in Morningside. This 1942 photo shows the Morningside home of Mr. Perrine Palmer, a Mayor of the City of Miami, with coconut palms on the street. This is the Morningside home of Mr. Frank Wharton, who was a Mayor and City Manager of the City of Miami, with coconut palms on the street. It would be appropriate to continue the historic planting of coconut palms in our medians. Therefore, I am respectfully requesting that this Commission direct City staff to change their policy so that coconut palms may be planted in situations where parked cars are not threatened by falling coconuts. In closing, the coconut palm is an iconic signature tree for Miami's history, image, and culture. Please keep the “coconut” in Coconut Grove and in Morningside and everywhere else in Miami where they can be safely planted. Thank you.
(Applause)
Chair Hardemon: Mr. Cruz.
Mr. Cruz: Sir.
Chair Hardemon: You're a retired firefighter, right?
Mr. Cruz: I am.
Chair Hardemon: You would make an awesome attorney.
Mr. Cruz: Well, thank you.
Chair Hardemon: I think your argument was --
Mr. Cruz: That's high praise, coming from an attorney.
Chair Hardemon: -- compelling, and it was well organized, well put.
Mr. Cruz: I do try. Thank you.
Chair Hardemon: Your temperament, the examples. I mean, I'm sure you've probably convinced a lot of people sitting before me that you have the right position.
Mr. Cruz: Thank you.
Chair Hardemon: But many times in court, the tide then turns, because there's always another side, and I'm interested in hearing this side, because that was moving.
Vice Chair Russell: Mr. Chair.
Daniel J. Alfonso (City Manager): I believe there's still another person who wants to -- is this young man here going to speak? I'm sorry; you put something up there. Are you going to speak?
Vice Chair Russell: He's with me. He's my staff.
Mr. Alfonso: Oh, he's with you?
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Vice Chair Russell: He's my staff.
Mr. Alfonso: Oh. Sorry. Missed that. Commissioner, the County has a Code that removes fruit trees from the public right-of-way. We have a policy because of the same, because it is our belief that it protects residents; and it protects the City, frankly, because of the liability of the falling coconuts or other fruit trees. Understanding that under windstorm, a coconut that weighs a couple of pounds, flying at 40 miles an hour, could cause a lot of damage, so we -- that's why the policy is there, and it follows, like I said, a County Code. I don't know if my Public Works director want to add some comments; or my Planning & Zoning director, who understands trees, as this morning we were noted as “Tree City USA” for the eighth year in a row.
Chair Hardemon: Somebody help him.
Mr. Alfonso: Somebody get up here and talk about why -- I think I'm going to plant a coconut tree in my backyard, and I'm not going to have any more children.
Eduardo Santamaria: Good afternoon, Mr. Chair and Commissioners. Ed Santamaria, director of Public Works. I think it should bear noting that we're not here to eradicate the coconut palm in the City of Miami. We just think that there is an appropriate place for it, and we do not believe that in the right-of-way -- that there's any place in the right-of-way that provides it. I'm sure you're going to see a photograph, I think, later on of an example of damage that's been caused by a car -- to a car by a falling coconut. There's also a potential, as the Manager just pointed out, of these coconuts becoming projectiles during a windstorm. And the very same document that Elvis referred to -- Mr. Cruz referred to the City -- the County's tree -- master tree plan indicates that coconuts really have a space, but they're primarily in areas like a beach; perhaps a public space like a park and anywhere in the private realm. So the idea is not to eradicate but to have them in their proper place.
Chair Hardemon: So, sir, what do you say to the fact -- one of the pictures I recognize that Mr. Cruz presented is a picture of a newly, if you will, planted coconut tree that was propped up by what would appear to be a two-by-four along the river. That river falls within my district; I drive by that all the time, and I'm sure many of the staff members drive by that as you leave the MRC (Miami Riverside Center), driving northwest. And so, I can't attest to that particular tree, but I know that the series of trees were recently planted, and those series of trees are in the right-of-way, and they abut a two-lane road, one going one way; the other coming -- so one going southeast; the other going northwest. How would you defend those trees being planted there, which is -- it seems to be a public project -- I believe it's a public project; it had a "B" number, I believe -- and the private trees being planted in a swale or a median by Mr. Cruz?
Mr. Santamaria: Mr. Chair, to that, I defer to the folks at Planning, who review these plans submitted for their appropriate nature of planting.
Victoria Méndez (City Attorney): Where is the street? Is it a State road? Is it our project? There may be a couple --
Chair Hardemon: Well, the swale has to be City. I mean, are there --
Ms. Méndez: Right, but sometimes, when they have beautification projects, the State has -- the State does it.
Chair Hardemon: I'm fairly clear that that was a City project. I remember there being a sign, a "B" number, and reading my name on the board. Listen, Francisco, before you get up there, I want to say something. Sometimes there is no defense.
Ms. Méndez: I have some. I have some, if I may. Basically, in the City Code, it clearly says, “It
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shall be unlawful for any person to trim or prune any tree, shrub, or plant, or to remove any tree, shrub or plant from dedicated streets without a permit.” And it also refers to a lawsuit in which a private individual and his contractor decided to prune trees in the right-of-way and got electrocuted, and of course, it's -- sued the City of Miami. So at the end of the day, there's liability reasons for a lot of these things.
Chair Hardemon: No.
Ms. Méndez: And if there --
Chair Hardemon: And I'm sure that's very clear. And what was interesting is this. I mean, without diving too far into a lot of the issues that Mr. Cruz presented, and I recognize you. He showed us a permit that was issued in '88 for 100 trees, and it didn't have an expiration date; clearly an oversight. Now, we know that they should probably have a expiration date. But also, the next question will be, “Well, how long is it to plant 100 trees?” I mean, what's the reasonable amount of time it will take to do it? I'm sure it would take shorter than -- 1988 --
Mr. Alfonso: Yeah. Mr. Chairman, I think he's probably planted 200 by now with that permit, but that's a different story.
Chair Hardemon: But what I'm saying to you is that to go from a permit, then to a commendation, and then face the notice of violation the way he explained it, and his reasoning being told that the City of Miami has moved away from planting coconut trees in the right-of-way, but then show evidence that the City of Miami is planting trees in the right-of-way, I think is telling, and it brings us to one of those conclusions for -- the way that I see it is that, you know, you won this battle, you know, if that is the battle to be. If the battle in the future is to keep coconut trees out of the median, then we can't plant coconut trees in the median. They are beautiful trees. I don't know what the policy is going to be, or whether or not this Commission agrees with that policy. I mean, I have no idea. But I just know that when I look at the facts that's presented to me today, and in the defense of those facts, and then the position that the City is taking, Mr. Cruz just seems to have the upper hand. Commissioner.
Commissioner Suarez: Thank you, Mr. Chair. First of all, you can say what you want to say about Elvis, but he's a law-abiding person, you know, and I --
Mr. Cruz: Thank you.
Commissioner Suarez: -- I'll vouch for that. You know, one of the reasons why I created the “Adopt a Traffic Circle” program was because of these issues. There's a liability issue, and you know, and -- you know, there's a saying: "Don't be afraid of your own shadow." Well, we live in a very litigious society, and if we are going to be governed and make decisions constantly on the threat of “we're going to get sued by this, we're going to get sued by that,” we're not going to be able to do anything, I promise you, I promise you. My dad's a litigator. My sister's a litigator. Her husband's a litigator. Thank God; I don't have that bug in me. I'm a real estate guy.
Chair Hardemon: Your dad was on this permit. He was the Mayor.
Commissioner Suarez: He probably was. But, you know, what we're talking about here is some classic trees, in many cases, that create the fabric of what -- how we recognize ourselves. You know, the Commissioner and I fought very hard to protect the banyan trees on Coral Way from being cut by FDOT (Florida Department of Transportation), and, you know, I can't imagine a city that doesn't have some of these classic trees. I'm afraid of us going away from -- and I understand that there's liability issues, and I understand that a coconut can fall on somebody, and I understand all those things, but -- and a banyan tree can fall, because banyan trees apparently have broad but not as deep roots, and we live in a hurricane -- you know, I get all
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those arguments. But it also goes to -- I mean, Merrie Christmas Park, the one that you live next to, Commissioner, can you imagine that park without those banyan trees? I mean, how -- what a loss it would be for the community and for your neighborhood and for the City not to have those trees. So I just think -- look, we cannot be governed constantly by the threat of litigation. I mean, I understand the City Attorney's objective is to warn us, and it's our objective to measure that and make decisions. And if you'll remember, when I first got elected, there was a particular double-duplex lot that had eight unpermitted two-story homes. Remember? And I told you, "We're going to knock those things down," and we hadn't knocked down a property in a long time. You said, “No, Commissioner. We're going to get sued.” And I said, “No, we're not going to get sued. We're not” -- “Oh, but they lent $750,000.” "Yeah, they lent $750,000 illegally. We're not going to get sued just because they lent that money." And we knocked them down, we got a lien, we recovered the money, and we never got sued. So, you know, I mean, we cannot always be governed by the threat or the prospect of litigation; otherwise, we're never going to make good decisions.
Ms. Méndez: We followed due process, though.
Chair Hardemon: Vice Chairman.
Commissioner Suarez: You always have to follow due process.
Vice Chair Russell: Thank you.
Chair Hardemon: And then Commissioner Gort.
Vice Chair Russell: Yeah, I'd like to think that Elvis never breaks the law, but I think he's not above civil disobedience. This is the second time you're before us for, allegedly, illegal planting of trees. I guess there's worse crimes you could be accused of, so I can't come down too harshly. Last time was a month ago or so about Samanea saman trees.
Mr. Cruz: You have good memory.
Vice Chair Russell: Yes. And by the way, the final decision on that one was that you would adopt those specific medians and plant them --
Mr. Cruz: Yes, sir.
Vice Chair Russell: -- and manage them so that the City's mowers couldn't damage the samaneas anymore. I'm curious how that's coming.
Mr. Cruz: I'm extremely pleased that you're asking that question in this forum, Commissioner. I met with City officials shortly after that Commission meeting. They said, "We're going to put together the paperwork." I've been waiting. One month after that meeting, I wrote them and said, "Hey, it's been a month." They said they'd been very busy, but they're working on it. But I want everybody within the sound of my voice to know, I have identified the vendor, I have identified the pena grass, I've identified the supplier; my checkbook is burning a hole in my pocket. I am ready, willing, able, and enthusiastically anticipating adopting that median. I would like to begin putting the plastic protectors around the samaneas, because the last time the City crew came out, like a week ago, they, once again, hit one.
Vice Chair Russell: They always bump them.
Mr. Cruz: May I have that permission?
Vice Chair Russell: I -- that's up to the City Administration. They're going to help you with that.
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I do have a couple more comments, though. One question to the City Attorney. In my briefing, I was told that Mr. Cruz had planted without permit, but he's presenting to us today that his permit is still valid from many years ago. Can you give us a legal opinion on that, please?
Ms. Méndez: Well, how many trees have been planted pursuant to that permit? And remember, you're under oath.
Commissioner Gort: About a hundred.
Mr. Cruz: Yeah. That's an excellent question.
Chair Hardemon: He's not under oath at this moment.
Mr. Cruz: I would be happy to go under oath.
Chair Hardemon: We don't need you to.
Mr. Cruz: But I do not have a written inventory. However, it's very easy to simply drive through Morningside and count them. We're still fairly shy of a hundred. I can tell you that for sure. We're shy of a hundred coconuts.
Vice Chair Russell: But your opinion is that there is no time limit on this permit?
Ms. Méndez: Oh, no, no, that's not my opinion. All permits usually have a shelf life of about six months, unless they're re-issued or they -- so, pretty much, pursuant to the Florida Building Code, it's six months. Pursuant to even our Miami 21 permits, they have an expiration date. I mean, it is not --
Vice Chair Russell: Is that written, or is that just common practice or --?
Ms. Méndez: It's written. And Mr. Francisco Garcia wants to interject.
Chair Hardemon: Now on this one, you can speak, right? Go ahead, sir.
Francisco Garcia (Director, Planning & Zoning): If I may briefly.
Mr. Alfonso: I'm sorry. I'm going to read something real quick, because this permit does say, "Permit to plant 100 Maypan coconut palms in the right-of-way at various locations within the Morningside community, as specified by the inspector in the field." So is he the inspector in the field?
Chair Hardemon: I don't know. (UNINTELLIGIBLE).
Mr. Cruz: No, sir.
Unidentified Speaker: (UNINTELLIGIBLE) deputized.
Mr. Alfonso: He's been deputized?
Mr. Cruz: This was the replanting of one that had already been approved and was knocked over by a City truck.
Commissioner Gort: I know.
Mr. Cruz: (UNINTELLIGIBLE).
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Commissioner Gort: We're talking about the contract.
Chair Hardemon: I don't know if this permit was for those trees. I think --
Commissioner Gort: No.
Chair Hardemon: -- he was just illustrating the point that he had a permit to plant coconut trees in the past, up to 100 of them, which is a great number, and that he had been recognized by this City for doing just that; and so it was his point, just saying that, “Hey, coconut trees have always been a part of the City of Miami, but he made -- it looks like he did plant this one -- or replant this one, if you will. He didn't plant the first one, but you replanting.
Mr. Cruz: I did plant the first one.
Chair Hardemon: Oh, you did?
Mr. Cruz: Yes, sir.
Chair Hardemon: So you replanted it without a permit. That appears to be the problem. You're recognized, sir.
Mr. Garcia: Thank, sir. Francisco Garcia, Planning & Zoning director. Briefly to respond to the issue that was brought up on two points; the first one being that no permit issued by the City of Miami is or should be open-ended; and the second one is to introduce into the record -- and I believe this statement has been made previously -- that there has been, in fact, a change in policy, as recently as 2007, which clearly proscribes, prohibits the planting of fruit-bearing trees and plants. And pursuant to the Miami-Dade County Master Plan, it actually encourages the removal of said trees. Now, admittedly, the City has not gone to those lengths, but that is applicable regulatory language that exists today, and it remains our intent, pursuant to further changes possibly, but it remains our intent to abide by those, simply -- and I hope this is understood -- out of a matter of prudence -- right? -- simply because there are perils associated with these trees; there are potential hardships and impacts that they could cause, and it seems best policy to avoid the planting of those trees. And we have to emphasize -- and we'll keep doing it -- right? -- that the right-of-way is under the City's proper stewardship, and we should insist that permits be pulled by anyone who is seeking to do work in the public right-of-way. I think that case is clear.
Mr. Cruz: May I respond to some of the points that have been raised?
Vice Chair Russell: I'm almost finished.
Chair Hardemon: Well, I know we want to finish the comments of --
Mr. Cruz: Sure.
Chair Hardemon: -- the Commissioner, and then also Commissioner Gort, who's next.
Vice Chair Russell: Chris, if you could show the picture that was sent to us by a resident. You know, things do change, and one of the things we're dealing with that wasn't around in the early history of the City is the litigious nature of people, you know, and we have to be aware of that risk. I do, you know, agree with what Commissioner Suarez says, that we can't be afraid of everything that could come our way, but it also doesn't mean we should ignore the potential risks. And I think there may be a compromise here down the road, where we talk about where these can be planted. “Where” is correct. Personally, over cars may not be the right place.
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Mr. Cruz: Nor am I proposing.
Vice Chair Russell: I live on Barbarossa Avenue in front of Merrie Christmas Park, which is probably one of the last actual coconut groves of coconut trees in Coconut Grove. There must be 40 in a row right in front of my house, and they, you know -- the nuts do grow very big, and they do fall. The City comes around to trim them, but not necessarily often enough that it's not potentially a risk. And I do look up every time I cross the street with my daughters to go to the park, you know; and, you know, there's nothing so drastic as to say that we're removing any coconut trees that exist anywhere, even if they are in the right-of-way, even if they are -- but maybe the intent here is not to potentially create risk. Did you find the picture?
Unidentified Speaker: We're having some technical issues.
Vice Chair Russell: I figured. But, basically, a resident sent a photo of a coconut that had gone through a car windshield in Morningside, as it was parked under a coconut tree. And, you know, people shouldn't necessarily have to live with that risk. But, you know, I'm an advocate for trees, but I'm certainly an advocate for doing things with a permit where necessary, whether or not your -- oh, there it is. You know, I can't verify this photo; when it was taken place or if -- after the breakage, the coconut was placed back in there, I don't know.
Chair Hardemon: Or if it was an ex-wife that threw it at her husband's truck.
Vice Chair Russell: Yeah, could be. You know, but can it happen? Absolutely. I mean, this is something that can happen. And so, I think the City's just trying to be proactive in terms of, you know, where it puts trees that can create risk. And, you know, is another thing a more diligent schedule of trimming that, you know, doesn't allow the coconuts to get to the size even where they can fall? Maybe taking them off early? I don't know. But I certainly don't want to think that all of this is an effort to get out of the fact that you need to have an active permit to plant; and if a tree dies, no matter what the cause is, if it was killed and doesn't matter by whom, whether it was a City employee or a disease, you can't replant that plant without an active permit. You know, if my house falls down, I can't rebuild it without getting a new permit. So, you know, I'm going to defer to my City Administration on this one, and we'll talk about how to adjust the policy on the coconuts, because, you know, I don't want a coconut busting my windshield. So I think finding the right place and doing it the right way is paramount.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Yeah, I'm very lucky. Within my neighborhood, we have a lot of people with trees in their backyards, and so on. And when it comes to hurricane time, before the hurricane comes in, we ask people to trim down the trees. Now, I'd like somebody to explain the process. In some of our neighborhood, the hardship that people have to go through to pull a permit to cut the trees down. My understanding is, if you cut more than 25 -- trim more than 25 percent, you have to pull -- so they have to measure it and make sure it's 25 percent; and if it's more than 25 percent, they have to pull a permit. Can we go through the process of pulling a permit?
Mr. Garcia: So I'll say briefly by way of introduction that we certainly take, as evidenced by this morning's presentation, the preservation of the tree canopy in this City very seriously, and we are very happy about our record in terms of enhancing the canopy and increasing the canopy citywide. What I'd like to do briefly is introduce Quatisha Oguntoyinbo-Rashad, who is the chief of the Environmental Resources Division in the Planning Department, to perhaps cover briefly, in response to Commissioner Gort's question, the issue of how the permitting process takes place.
Commissioner Gort: The process that people have to go through in order to get a permit to do a
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tree -- to trim a tree.
Quatisha Oguntoyinbo-Rashad (Chief of Environmental Resources/Planning): Good afternoon, Commissioners. Quatisha Oguntoyinbo, City of Miami, Planning. You would need to obtain a permit to trim more than 25 percent in private property. If it's in the right-of-way, you need a permit to trim or prune any percentage, and that would be processed through the Environmental Resources Division.
Commissioner Gort: No, I'm talking about within the private property.
Ms. Oguntoyinbo-Rashad: Within a private property, if there's more than 25 percent being pruned, yes, a permit is required.
Commissioner Gort: No, I understand you have to pull a permit, but I want the process that a person have to go through in order to pull a permit.
Ms. Oguntoyinbo-Rashad: Oh, I'm sorry. The process is just to submit an application advising the City the details of the pruning, the tree, the location of it. We review it; and if deemed necessary, we would approve it for trimming.
Commissioner Gort: And they don't have to hire an arbologist [sic]?
Ms. Oguntoyinbo-Rashad: It's encouraged that they hire a professional that's well trained in pruning of the trees.
Commissioner Gort: Okay.
Ms. Oguntoyinbo-Rashad: It's encouraged. It's not required, but it's highly encouraged.
Commissioner Gort: But it's not necessary. And how long does it take to pull that permit and get the permit?
Ms. Oguntoyinbo-Rashad: If we have all of the required documentation, it takes less than a week for us to review it and approve it.
Commissioner Gort: Less than a week?
Ms. Oguntoyinbo-Rashad: Yes.
Commissioner Gort: Okay.
Chair Hardemon: Ma'am, I have a question for you. So, if you were a laymen and you hired, say, your local gardener, who wants -- who normally cuts your yard, who normally trims your bushes, et cetera, and you wanted them to trim your tree, and they needed a permit because they were cutting more than 25 percent, do you expect that someone who would normally cut yards within a neighborhood to be able to follow the process to obtain a permit? Is it that self-explanatory, or do you need someone, as the Commissioner explained, that is more keen on or well versed in the art or the science of pruning trees? Well, I'm sorry; or the -- not necessarily of actually doing it, but how to go about doing it. I mean, do I have to be an Elvis Cruz, or can I be a Keon Hardemon and actually apply for this permit and get it?
Ms. Oguntoyinbo-Rashad: You, as a property owner, or one that is a gardener, can apply for the permit on the owner's behalf. If you don't have the experience, we have professionals in the division, in the City of Miami division that can assist them with the details on what needs to be done. We can advise them of what our recommendations are. We can advise you to hire a
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certified arborist, if you don't have anyone that's experienced to do that work. So we kind of lay out the details, if the property owner or the gardener or landscape firm is not familiar with the specifications on how to trim the tree, so we have that guidance in-house.
Chair Hardemon: Okay. Thank you.
Commissioner Gort: By the way, I love trees. I have -- my house is -- my backyard, I have butterflies. I have birds there constantly, and I love it. And I'm glad that the job you're doing, but some people, it makes it very difficult to go through the process. Somehow, I think that should be made a little easier.
Ms. Oguntoyinbo-Rashad: And I understand, Commissioner, and we're making a lot of efforts to improve our process. I know that there have been some challenges. We have made some improvements, but, of course, there's always input to take in and improve our process, so we are working on that.
Commissioner Gort: Thank you.
Chair Hardemon: Is Elvis Cruz the only guy that gets in trouble for this? Is -- No? Okay, just checking.
Commissioner Gort: No. You got a lot of people (UNINTELLIGIBLE).
Chair Hardemon: He's just the most popular one. He's the face of it.
Mr. Cruz: May I respond to some of the points?
Chair Hardemon: Briefly.
Mr. Cruz: Thank you, sir. First, I want to point out that the photograph of the windshield that was broken, I recognize that location. That car was parked next to a swale. And I know I've mentioned it in my presentation, but there's an enormous difference between coconuts in a median and coconuts on a swale right next to a parking lane. What I am asking for is for the City policy to recognize that difference; cars do not park under coconuts in medians.
Vice Chair Russell: Cars drive under coconuts in medians.
Mr. Cruz: Not necessarily, sir. The -- I've shown you the photographs. The coconuts are above the medians. Moreover, the City mentioned the hurricane card. They talked about hurricanes and windstorms. If you can look at this photograph -- if I can get connected here -- the City likes mahogany trees. Mahogany trees --
Chair Hardemon: Can you ensure that -- IT (Information Technology), can you ensure that his laptop is connected to show the picture?
Mr. Cruz: I think that they just need to switch it in the control room. I'm still --
Vice Chair Russell: While we're waiting for that --
Chair Hardemon: Right. I mean, he can --
Mr. Cruz: I'm still connected. I think they need to --
Chair Hardemon: There he is.
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Mr. Cruz: Okay. Mahogany trees, which is on the recommended street tree list, the native tree, they're famous for having very weak branch connections. This large branch, probably weighs a thousand pounds, broke off with no wind, at all; clear weather day. They sometimes do that with mahogany trees. The point I'm making is this: that there is no perfect tree. And if you're going to talk about hurricanes, then we probably wouldn't plant any trees. There's only one tree that I know of that survived Hurricane Andrew without any significant damage.
Vice Chair Russell: Coconut palm?
Mr. Cruz: No, sir. It was the banyan tree.
Chair Hardemon: That's a big tree, though.
Mr. Cruz: Yes, sir.
Chair Hardemon: That, I know.
Mr. Cruz: And it has outrigger roots, and it's an extremely strong tree.
Chair Hardemon: They're good for climbing.
Mr. Cruz: Regarding a lack of an expiration date on that permit, if it did have an expiration date, I can assure you, it would have been pointed out by those opposed to my planting it. I also want to mention that someone said earlier in opposition to my position that the County has decided no more coconut palms on public right-of-way; yet, just a few minutes ago, the gentleman from CIP (Capital Improvement Programs) came over and said that 27th Avenue median is a County project. So either it's City, or it's County, but that's a -- you've lived there, Commissioner; you know that's a brand-new project. I've had people telling me, "Elvis, you're being singled out," because there's lots -- there's hundreds of people throughout this City that plant stuff in swales. And Commissioner, I think you know what I'm alluding to.
Vice Chair Russell: I don't.
Mr. Cruz: Well, I'm not going to say it, but I am going to say that things are being interpreted somewhat conveniently to my disadvantage; and as an example of that, I would like to ask, through the Chair, the City Attorney to reread that passage from the City Code that she read earlier, where she says --
Ms. Méndez: You're correct, and I was going to bring that up.
Mr. Cruz: Thank you.
Ms. Méndez: It talks about “removals,” but I'm looking for Chapter 54 that talks about plantings in the right-of-way, so I'll get back to you shortly.
Mr. Cruz: Okay. Because what she read does not say I need to have a permit to plant a tree. It says, you need to have permit to trim or prune a plant.
Vice Chair Russell: Right. I still don't have clarification, though, on whether his permit is valid or not. Now, you did say that there is something in writing that says permits are only valid for six months; is that correct?
Ms. Mendez: In the Florida Building Code and in -- usually, any type of permit that we give, you know, special exceptions, and those types of permitting, they always have a shelf life. You either
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have to do what you said you were going to do during the period, whether it's a year from the time it was granted. Usually, it'll say how long they last, and it'll say it in the permit. And when you do any type of building permits, those automatically only last six months, unless you go through proper inspections, so that is why I was asking Mr. Cruz has he planted all those trees. He said, “No. It's been 20 years.” I mean, permits don't last 20 years. I mean, there's no permit that lasts 20 years.
Vice Chair Russell: But there is no expressed expiration date, and you're saying “usually,” but it doesn't seem to be expressly written anywhere that there is an expiration date on all permits. It's just prac -- general practice is what you're saying.
Ms. Méndez: Well, in the Florida Building Code and in any planning permits, it says how long they last. I mean, in absence of that, you can't say that it last forever either. So --
Vice Chair Russell: So it was probably an error that there wasn't an end date put on this.
Ms. Mendez: Correct.
Vice Chair Russell: Is it reasonable to expect that he would have planted a hundred trees within six months though, even? So, I mean --
Chair Hardemon: Very, very, very tiny trees.
Mr. Garcia: Very briefly --
Chair Hardemon: Mr. Garcia.
Chair Hardemon: -- because I would really like to infuse a dose of common sense to this conversation, because I really think we can get to the common- sense outcome of this; and in my view, at least -- and I humbly submit -- it is this: There was apparently a permit issued at some point in time. That point in time happens to predate a change in policy. 2007 is going to be the threshold year I'll point out to, and I have a specific reference that I'm happy to put into the record.
Chair Hardemon: That's a good point.
Mr. Garcia: Post 2007, the guidelines are clear: Trees that bear fruit are at least discouraged and possibly subject to removal.
Vice Chair Russell: So the new policy would invalidate his permit?
Chair Hardemon: Except for the newly-planted coconut tree along the river.
Mr. Garcia: And I'll continue. And I certainly cannot -- I was not aware of that evidence that would be proffered, and so I can't respond to it; and it may have been a fluke, for all I know. It could entirely by the case. Now, to the other issue that, frankly, is more of a concern to me, which is Mr. Cruz' statement that there may be some interpretation that particularly sets him apart or does him harm. I'll simply say this: The clear remedy might have been for Mr. Cruz or anyone else in the City of Miami to approach the City of Miami Planning & Zoning Department and/or Public Works Department to obtain a permit to plant a tree in the public right-of-way. I think it is safe to say that we expect that behavior from all responsible citizens in the City of Miami. Had Mr. Cruz done that and had he even furnished the permit that he had, he would have been advised that the old permit no longer stood and that a new permit would not be issued; and then we would then discuss with him, amicably, what alternatives there may be to beautify and enhance the median. We never had the benefit of that approach. So what we are
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forced to do in his particular case, in this particular instance is to react by saying: “Mr. Cruz, please remove that coconut palm, because we happen to know that it goes against our policies”; it's as simple as that.
Chair Hardemon: Then I propose that, Mr. Manager and your staff, let us take a look at the policy. I mean, clearly, coconut trees are being planted in swales by the City of Miami. Clearly, we were punishing a citizen either for planting a coconut tree in the right-of-way or planting a coconut tree without a permit in the right-of-way, but nonetheless, coconut trees seem to fall within this species of plant or tree that we are now strongly considering not to allow to be planted in rights-of-ways [sic]. He, Mr. Cruz, has distinguished the right-of-way in a swale versus in a median. I think this is something that the professional staff can handle. Mr. Cruz, we appreciate you for bringing this to our attention. I think that he should be able to -- well, you should also be able to handle this violation that he received without any punishment to him, that -- and that would be satisfactory, I believe, to this Board, but I think that we're probably done discussing it, so I think we should make it work.
Ms. Méndez: And just a couple things that I need to bring to your attention. When there is any excavation in the right-of-way, permits are required. Remember that there are many utilities, whether it's FPL (Florida Power & Light), whether it's underground lines, water mains; things that when you excavate, in order to be able to place the tree, you can damage any of that infrastructure in there. People cannot be willy-nilly -- and I know that Mr. Cruz has a great heart and is doing this for the betterment of the City, but we cannot have 50 Mr. Cruzes planting trees everywhere that could damage --
Chair Hardemon: You're absolutely correct.
Ms. Méndez: -- infrastructure. They need permission, that's all.
Chair Hardemon: You're absolutely correct; there needs to be a permit. Mr. Cruz, I'm not -- I cannot step into his mind. I will not ask whether or not he thought he had a valid permit or not. All I'm saying is that we know that a permit is required, and that what we should consider is whether or not we allow coconut trees to be planted in medians versus in swales or in medians and swales or in neither medians or swales. If I plant one in my backyard, is it okay? I mean, all of these are policies that we need to just reconsider, and I think our professional staff is more than capable of doing it; and I'm sure that our Commissioners want to move on from this issue, so Mr. Cruz, thank you very much. I'm sure you'll find some resolve that is appropriate; and if you don't, please visit us at your discretion.
Mr. Cruz: I'm still not completely clear on what the outcome is here today. Can you encapsulate it?
Chair Hardemon: Well, you want to remember this: that your personal appearance is not necessarily to solve an issue; it's to bring a concern that you have. I think we've given adequate consideration to your concern; and so what we're asking is that staff, along with yourself, work this issue out. We've heard you.
Mr. Cruz: Okay.
Chair Hardemon: I think what -- your argument was moving, and you have some sympathetic ears; and so what we're saying -- and I'm sure the Manager completely understands -- that this is an issue that they should be able to handle without bringing it to our attention any further, so thank you very much for your time. And we want to move on with the agenda, because we have not made it even to PH.1.
Mr. Cruz: Thank you, sir.
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Commissioner Gort: Mr. Chairman.
Chair Hardemon: Thank you so very much. Yes.
Commissioner Gort: I (UNINTELLIGIBLE) process right now in my district to plant 100 trees, and they've been very helpful in working with my staff to make sure we do it the right and correctly [sic] way.
Commissioner Suarez: And our arborist is fantastic, by the way. We just need to clone her, because we need like three or four more of her, but she's fantastic.
Commissioner Carollo: Ditto; I agree.
PA.5 PRESENTATION 16-00394 Honorable Mayor PERSONAL APPEARANCE BY PRESIDENT AND CEO OF BIG BROTHERS Tomas Regalado AND BIG SISTERS, LYDIA MUÑIZ, REGARDING THEIR NEW HEADQUARTERS AND PERMISSION TO RENEW AGREEMENT FOR CITY WORKERS TO BE ABLE TO BECOME BIG BROTHERS AND BIG SISTERS. 16-00394 E-Mail - Personal Appearance.pdf
PRESENTED
Chair Hardemon: PA.5.
Commissioner Suarez: I know Lydia's here; I saw her in the back there.
Chair Hardemon: Lydia Muniz.
Commissioner Suarez: Yes.
Mayor Tomás Regalado: Mr. Chairman --
Commissioner Carollo: Lydia Muniz, yeah, she's right there.
Mayor Regalado: -- a few weeks ago, Commissioner Carollo and I went to the grand opening of the new headquarters of Big Brothers and Big Sisters in the City of Miami. It was an honor, because this is a group that does the right thing for our children in all the communities where they operate. It was a very successful event, because it had the cooperation of the Carnival Foundation and the Miami Heat Organization. And on that ceremony, scholarships were given to several children of the community. And we are very proud that this beautiful building is in the City of Miami in District 4. And we are also bringing a resolution sponsored by myself and Commissioner Suarez so the City can renew their commitment to allow City employees to be Big Brothers and Big Sisters. So we have here the president of Big Brothers and Big Sisters, Lydia Munoz [sic]. She's going to tell you about the headquarters and what is the purpose of that headquarter with the beautiful settings of gym, learning classes, and how that will impact the residents of the City of Miami; and, of course, the resolution that you will have before you, in a few minutes. Lydia.
Commissioner Gort: It's all right, Commissioner Suarez. I asked him to move west two blocks.
Commissioner Suarez: I'm sorry?
Commissioner Gort: I asked him to move two blocks west.
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Commissioner Suarez: Let me just say that -- thank you, Commissioner; and thank you, Mayor; and thank you, Commissioner, for going to the grand opening in my district. I very much appreciate it. And I obviously am honored to co-sponsor with the Mayor the resolution to get out employees involved, because I think it's -- there is no more pressing need in our community than having strong mentors in the lives of many of the youth in our community, and we're seeing the unfortunate byproduct of a lack of that in some of the parts of the City. But I also wanted to announce, Mayor and Commissioners that are interested in this that I'm going to be allocating $300,000 from my CDBG (Community Development Block Grant) Program for economic development, so that they can build out the remaining two floors of the building that they need to be completely online, and active, and providing services in the community. They have done a great job -- and she'll talk about it. I don't want to steal your thunder -- of -- and you guys were there. The ground floor is spectacular, you know, and I just missed you guys. You guys were coming out as I was coming in. The ground floor was spectacular. Having partnerships with the Heat, it's just a great organization that does so much for the community. So I really -- you know, it's amazing that an executive director has been there as long as you have, but it's a testament to how well run the organization is to its mission, and to all the good that you're doing in our community. And I think it's impressive that all the Commissioners really understand and appreciate what you guys are doing. And the City of Miami as a whole, and all the young people in the City of Miami thank you on our behalf.
Lydia Muniz: Thank you. Good morning. I'm quite humbled to hear these wonderful accolades, but I have to thank the Mayor and all of you in the City Commission, the Council, as well as the wonderful staff leadership team that you have here at the City of Miami. We are, indeed, blessed at Big Brothers and Big Sisters to have -- enjoy great, widespread community support. And, obviously, our mission is all about awakening the potential and the possibilities before our young people by providing them with a caring volunteer -- a Big Brother or Big Sister -- that really helps to guide them and support the family. We're not there to replace the parent or the guardian, but really to provide some key mentorship and leadership. And so it has been a long-term journey at the organization. In fact, the board that hired me back in 1988 put the idea of -- or the goal, rather -- of having a permanent home for the organization as something to be achieved; and, quite frankly, thanks to the leadership of our board of directors that's a nationwide, award-winning board; and certainly, the support of all of you, we've been able to do that. We're absolutely thrilled that this month, which is April National Volunteer Month -- this is actually National Volunteer Week -- that we're able to celebrate the thousands of individuals who volunteer, not only at Big Brothers and Big Sisters, but in many of the charitable organizations throughout Miami and Miami-Dade County. And, quite frankly, they give of their time, they give of their talent, and they give of their treasure to really improve the quality of life for all of the citizens of the City of Miami and Miami-Dade County. We're very proud about that. We're certainly thrilled that the Mayor and all of you are supportive of partnering with Big Brothers, Big Sisters, once again, to allow your City employees to volunteer. And because of the early support and enthusiasm we received, believe it or not, we've already started some presentations. We've launched "Bigs in Blue." Mayor and Commissioners saw that on your panel last week on gun violence that we spoke a little bit about that. We actually have already about 20 City of Miami police officers that have signed up and are in the process of being matched with kids in our program. We've met with many of your City officials: Community Development and volunteer leadership; George and Lillian at their offices; and certainly, there's great enthusiasm from all of you to do that. And so we're absolutely thrilled to partner with the City of Miami on having your employees as volunteers. And certainly, Commissioner Suarez, can't thank you enough for that added final boost of support financially, so that we can finalize the renovations in the building and hopefully, move in, in the next several months. So thank you very much for your support. I brought some packets. I will leave them with your office here in case you need them, but thank you all very, very much.
PA.6 PRESENTATION
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16-00495 District 3- PERSONAL APPEARANCE BY CAROL ANN TAYLOR TO DISCUSS Commissioner Frank TOURISM. Carollo 16-00495 E-Mail - Personal Appearance.pdf 16-00495-Submittal-Carol Ann Taylor-Presentation Historic Tourist Districts.pdf 16-00495-Submittal-Rolando Aedo-Tourism Presentation.pdf PRESENTED
Commissioner Gort: Elvis here.
Chair Hardemon: Elvis is here?
Commissioner Gort: Yeah.
Chair Hardemon: He has to wait.
Commissioner Gort: He just walked in.
Chair Hardemon: Let's have Carole Ann Taylor, PH.6. And after Carole Ann Taylor, we'll go to the 10 o'clock for Gepsie Metellus. And IT (Information Technology), is there a presentation that needs to be presented so we can get that set up at this time? Thank you so very much.
Commissioner Suarez: Hey, darling. How are you?
Carole Ann Taylor: Good morning. My name is Carole Ann Taylor, and I reside at 1717 North Bayshore Drive. I thank you for the opportunity to come before you today to speak about a subject that is so close to my heart and those of my fellow associates. Some of them are in the audience now, and they include: Next to me, Rolando Aedo, from the Convention & Visitors Bureau; Jenny Gutierrez, from the Bureau; Connie Kennard, from the Bureau; Joanne Bashford, who is the president of the Miami-Dade College in Little Havana; and Art Noriega. The amazing transportation [sic] that is taking place on Historic Calle Ocho and in other heritage neighborhoods within the City is why I am before you today. I don't want to take up too much of your time, but I also want to -- wanted to point out that there are members of the Coalition for Historic Tourist Districts that are not here today that include: Drs. Paul George, Dorothy Fields, and Arva Moore Parks. We are here today as a result of having personally witnessed and been a part of this transformation in Little Havana in our collective efforts to address this phenomenal -- phenomenon of cultural expression. Some time ago, this government body saw the vision of a new downtown Miami and created regulations for what is now known as the Downtown Entertainment District. The emergence of tourism in Miami's heritage neighborhoods is putting Miami on the world's lens with such other notable places as Bourbon Street, in New Orleans; Bill Street, in Memphis; and such neighborhoods as New York's Chinatown and Little Italy, as you will see in these news articles on Little Havana; the latest of which is the two-page cover story in last Sunday's New York Times. Little Havana is being viewed by the world and those that visit Miami as a must-see destination that warrants our support and attention. We are asking you today to join us in creating and supporting historic tourist districts by facilitating and creating legislation that addresses the nuances of cultural expression that have made Little Havana a place for people to enjoy dancing to the sounds of its music; taking pictures of iconic statues and mascots; sitting outside as they wait for their buses; and eating and sipping café con leche at a sidewalk café or walk-up window. This is why over three million visitors come to Little Havana annually. This is why Little Havana is the second most visited area in Miami, after Miami Beach. The present regulations, codes and legislation impede the growth of this area today, and I guarantee you that tomorrow, the same impediments will face Overtown, Little Haiti, and West Grove, as their tourist populations grow. The Greater Miami Convention & Visitors Bureau is working with the neighborhood businesses in each of these areas to prepare
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and assist them in transforming theirs businesses into the economic engines they can and are becoming; it is economic development at its best. We are asking you to continue working with us to create the necessary legislation that will enable our visitors to partake of the full cultural essence of all of these neighborhoods. Signage, seating, music, cleanliness are part and parcel to creating a compelling experience for our guests. In closing, Luis Sabinas, Clyde Killens, Father Gibson, Veter Juste and Father John Juste said thank you, and so do I.
Chair Hardemon: Thank you very much.
Rolando Aedo: Good morning, Commissioners, Chairman, Mayor, and Manager. My name is Rolando Aedo. I'm the chief marketing officer and the executive vice president for the Greater Miami Convention & Visitors Bureau; more importantly, I'm a lifelong resident. In fact, speaking of Little Havana, that's where I saw Star Wars in 1977, with Spanish subtitles, so I know the area quite well. And Commissioner, I know that's your district. I've lived in many of your districts, so I can speak about this passionately, firsthand, but let me put on my Convention & Visitors Bureau hat. If it's any -- if anybody has any questions whether Little Havana has arrived as a tourist destination, you have some -- just some of the articles, but just last week, when you open up the travel section, you see not only the fun cover of the travel section, but then you open it up again and you see, you know, this amazingly beautiful spread on Little Havana. It's quite spectacular. I mean, quite frankly, we can't afford to buy this space, even if we had the money to do that, but we do have advertising campaigns that are showcasing not just Little Havana; Overtown, West Grove, Little Haiti. The foundation of our marketing for several years now, and especially moving forward, is the celebration and the showcasing of our multi-cultural neighborhoods. That's what people want; they want authentic experience. And, quite frankly, we're encouraging them to explore further afield from your traditional tourism spots, because we want them to spend more time. More time means more money being spent, and it's actually more jobs. Tourism -- I believe I'm preaching to the choir -- is the number one industry for Greater Miami; it sustains lots and lots of jobs. In fact, that's why we've invested a lot of time and effort on partnering with organizations to open up visitors' centers. Over the past two years, we've partnered with the Historic Lyric Theater; we opened up a visitors' center there. Commissioner Carollo, you were there when we cut the ribbon in Little Havana. We worked in the West Grove with Rashid and the Coconut Grove Collaborative Initiative. We now have 22 visitors' centers, and that's not just to provide information; it's for basis of operation so that tourists can go there and explore more and more of our communities. Carole Ann Taylor talked a little bit about -- you know, her role has been amazing on our board for many, many years. She also has led the efforts for our multi-cultural tourism programs. Last year, we established a multi-cultural tourism department, headed up by Connie Kennard, who is in the audience. You know, these are all part of the story-selling of Miami and its amazing assets. So we always know that you're presented with challenges on balancing those successes with codes and legislation, but we just want to let you know, if you didn't know already that Little Havana, along with other great neighborhoods that are well on their way to becoming tourist meccas, such as Little Haiti; such as Historic Overtown; such as the West Grove; and, of course, we've got what's happening in Wynwood and the Design District. This is what our customers want, and this is what we're selling on your behalf, so thank you for your time and consideration.
Chair Hardemon: Thank you very much.
Commissioner Gort: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: I could give you a little history of this. We had our business set up in Southwest 8th Street, 1602 Southwest 8th Street, back in '64 -- back in '54. And then the Latin Chamber of Commerce, CAMACOL, got together with the business people there and came to the City of Miami and says, "We need to create a Little Havana" -- "people come here and ask for Little
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Havana, but they don't see the architecture, and they don't see the looks of the Little Havana. They have to be identified." We got the City of Miami to approve the Latin Quarter Corridor, which is what created what it is today between 12th Avenue and 17th Avenue, and that was the beginning of doing the -- and the idea was, why can we not create an ethnic tourism? It's so important all over the world. I mean, you got Chinatown; you got the French Quarters; and the Little Havana was really (UNINTELLIGIBLE). Domino Park was something we worked -- we helped, but the Commissioners were very much involved; the City was very much involved; but most important, the business people were involved, which is very important for the business people to be part of it. So I thank you for what you're doing. We're finally seeing the work that began over 25 years ago being done, and you guys have done a great job in promoting Little Havana; not only Little Havana, but the whole tourism in the City of Miami and Miami-Dade County.
Mr. Aedo: Yeah, it's been an amazing partnership. I know, Commissioner Gort, you've been instrumental, along with all of you, but, you know, we've developed a lot of programs over the years, but we couldn't do it without the support of a lot of folks; not just in this chambers, but throughout the community, so thank you again.
Chair Hardemon: Thank you very much. Mr. Manager, is there a short-term and long-term solution to this issue? I know that Ms. Taylor talked about some legislative things that we could possibly bring to -- I'm sorry, you can't hear me. I know Ms. Taylor talked about some legislative plans that we could -- or proposals that we could possibly implement to ensure that these areas are protected, and they're utilized differently than other areas, because of their sensitivity to tourism, but is there anything in the short term that can be done to ensure that the businesses there are allowed to exist, much like other businesses; not just in the City of Miami, Miami Beach, but Los Angeles and other major cities?
Daniel J. Alfonso (City Manager): My understanding is -- I think what they're talking about is concerns about zoning. So are we doing something zoning-wise that is going to change the character of the area? There is a move in the City of Miami to try to change the zoning in some parts of Little Havana, but to retain some of the historic aspect of it. So that is something that is being considered.
Chair Hardemon: As I understood, there have been businesses that have been complaining about the ability to play music outside of their locations where people are walking down -- for instance, Calle Ocho -- so you can hear music; businesses that have lounge seats that people typically would sit in, have a cigar and such that are not allowed to have those things there because of Code enforcement. I think that's part of what our issue is.
Mr. Alfonso: Oh, okay. In terms of Code enforcement, there is a concern about maintaining what is the right-of-way for pedestrians and also give businesses the ability to have like outdoor cafés. As you know, there are regulations that require a certain amount of clearance for ADA (Americans with Disabilities Act) requirements for people to go through the sidewalk. So when we allow a outdoor café, we have to take into account what is the width of the sidewalk; what is the size of the outdoor café, how much space it takes; and where are you leaving a path for pedestrians to get through and/or folks that may be in a wheelchair, et cetera, which is an ADA requirement?
Chair Hardemon: All right.
Mr. Alfonso: So to the extent that the sidewalk meets the requirements allowed, we have been permitting outdoor cafés; to the extent that it's -- the sidewalk doesn't allow it, then we can't.
Chair Hardemon: Right. So I know this -- I know that this could -- well, first of all, when it comes to the sidewalks; when we have this problem, not just with cafés, but also with, for
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instance, we -- Just yesterday, I had a conversation with you about almost tent cities that are in Overtown that people -- it prohibits people from walking down the sidewalks, so children that are walking down the sidewalks have to walk around into the streets. I'm seeing dozens of tents that are in that area where I -- you know, we witness drug activity, all types of things that are happening right there in the streets in Overtown, so that's one thing. Second: I've witnessed myself, personally, a number of businesses that it could not possibly be that this sidewalk is large enough to allow a sidewalk café where they're on a major avenue, just like one of -- the restaurant that was in Buena Vista -- where they could be -- possibly, the patrons could be hit by oncoming cars. I mean, there is not a -- the only thing that is separating them from -- "them," meaning the patrons -- from the cars is a curb about this wide, so there are issues there. But more particularly, for this issue, if there are some businesses that come to the City to complain about the width of the sidewalk, I'm asking that you give them some consideration. So take a look at their issue particularly. Maybe there is a mistake; maybe you have some issue that can be solved just by taking a second look at whatever business you're affecting. But something that I think is pretty simple is the noise. For instance, if you have outdoor music -- and these Spanish restaurants, these Spanish businesses many times play outdoor music. I mean, you could think about, for instance, the guys in Domino -- playing dominos. I mean, you listen to music. And so is there any way that this Commission, Madam City Attorney, could relax the noise ordinance to allow for the playing of that type of music on the main streets?
Victoria Méndez (City Attorney): This Commission could do two things: Either amend the noise ordinance with certain parameters; or you can pass a resolution with certain parameters, as well, for allowing for these businesses in certain areas to be able to play the music, et cetera; which the Commission has done for certain events, sometimes; to waive the noise ordinance, depending on the times -- if it's after 11 o'clock or something for fireworks -- but noise can be done in that relatively simple manner with a resolution.
Chair Hardemon: Well, Madam -- I'm sorry, may I go --
Mr. Alfonso: Mr. Chair, she made the comment about special events or special occasions. I think you're referring to something more permanent.
Commissioner Gort: Sure.
Chair Hardemon: Correct.
Mr. Alfonso: You know, and again, that is the will of this Commission. Right now, we have certain noise ordinances -- there are residents on Calle Ocho. There are some apartment buildings that are there. The residents immediately -- and the property's adjacent to the ones that are commercial, so, also, those ordinances are there to protect both sides. If this Commission wants to allow for greater decibel, higher noise, it is the will of this Commission, and we'll enforce that.
Chair Hardemon: Well, greater decibel, no, that's not what came to my mind initially. I was thinking -- because as I understood, they would be prohibited from playing music outside in totality. And so what I'm saying is allowing them to play some sort of music, even if it's lower than what the threshold is typically for an outdoor event or -- so something at least where people can recognize that there is music, and they have an opportunity to come and engage in that music. If -- so what we can do, Mr. Manager, is if you can have someone from -- that deals with those types of issues within your staff at least come visit the Commissioners whose districts that it affects the most, and have a discussion about it to see what's best for it; is that fair?
Mr. Alfonso: Will do.
Chair Hardemon: Commissioner Gort?
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Commissioner Gort: Let me tell you, the Latin Quarter was created because of the merchants in the area got together with the City Planning Department and the Chamber of Commerce from the Flagami area, and they came up with an idea. So I think the residents -- we got to work with the residents and the business people in that area. And the other one, they can come up with a plan -- and I'm sure the Commissioner of the area is very aware of what the needs are over there.
Chair Hardemon: Commissioner Suarez? I thought you --
Commissioner Suarez: I don't -- it's --
Chair Hardemon: No, I know. He doesn't want to speak --
Commissioner Suarez: You want me to wrap it up? Okay. Look, I'm very happy with what I see happening now on 8th Street. I think, finally, we are paying the requisite attention that 8th Street deserves. We're starting the process with the Mayor's allocation of the million dollars; the Commissioner has allocated a lot of funds for Domino Park; the 8th Street PlusUrbia is getting involved in the possibility of two-waying 8th Street. All these issues, these are issues that are happening as a corridor becomes more vibrant. And obviously, we have to continue to support those efforts, because 8th Street, like Coral Way and a variety of other streets throughout the City are vibrant corridors for our residents. So, you know, I'm happy. I know I saw Pablo Canton around here somewhere. I don't know where he is. He's also the Mayor's designee; you know, Carole Ann; I mean, Bill Fuller. I mean, there's just so many people. This is such a holistic -- Brenda -- so many people -- Miguel -- there's so many people who are involved in really this holistic approach to 8th Street; and obviously, the Greater Miami Visitors & Conventions Bureau, who has done a phenomenal job of marketing 8th Street and maintaining 8th Street as one of the hottest tourist destinations in the City of Miami, and we have to keep -- we have to do our part, because that's a brand. That goes to our brand as a city, and we have to continue to build our brand by reinvesting in the areas that people want to visit. Thank you. Thank you.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. I appreciate all your comments, especially your suggestion, Mr. Chairman, and I agree with everything that everyone has said here. You're seeing all these different organizations coming together, and we've all had a small part -- or I would say we all had a big part in reviving Little Havana to what it is today. I still remember a few years back where a lot of these businesses were really struggling, and at that time, not too many people were looking at Little Havana; but now, it's revived. We just -- Mr. Aedo mentioned the Miami Herald. We just made it to the New York Times again, and it was a very nice article. So we really are -- not just locally -- nationally being showcased. And realistically, I think what some of the merchants now are coming before us to say -- work with us to make this even better. I think recently, there's been some additional Code enforcement in that area, and I think some of the merchants are actually saying, "Listen, we want to comply, but at the same time, work with us," and I think that's why we want to see if there's a way that we could relax some of these codes, so I think it's something that we all could work with. I was speaking with Ms. Carole Ann Taylor, possibly doing an entertainment district -- even though we have it in 8th Street already; however, it's basically just for liquor licenses. So I think it needs to go beyond that, and it's something that I'm exploring with our Administration and the merchants, as well as the residents. So I welcome your suggestion, Mr. Chairman, to get together with the Administration and see how we could come up with something that could be beneficial for the merchants, the residents, and all the City of Miami. Thank you.
Chair Hardemon: Thank you very much. Thank you very much.
END OF PERSONAL APPEARANCES
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PUBLIC HEARINGS
PH.1 RESOLUTION 16-00333 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community and CITY MANAGER TO GRANT CITRUS HEALTH NETWORK, INC. AN Economic EXTENSION OF TIME FOR THE 2015-2016 EMERGENCY SOLUTIONS Development GRANT ("ESG") AGREEMENT TO SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 16-00333 Summary Form .pdf 16-00333 Notice to the Public.pdf 16-00333 Back-Up Documents.pdf 16-00333 Pre-Legislation.pdf 16-00333 Back-Up from Law Dept.pdf 16-00333 Legislation.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0158
Chair Hardemon: PH.1. And whose expensive pen is this on this lectern? I've seen many people touch it, but I haven't seen --
Vice Chair Russell: It may be Mr. De La Paz.
Unidentified Speaker: De la Paz.
Chair Hardemon: De la Paz. Can someone take his pen so that we can return it to him? I believe he's in your district; you can take responsibility. De la -- can you -- well --
Commissioner Gort: It's De La Paz.
Daniel J. Alfonso (City Manager): Premier Interior Development, Inc.; I don't think it's an expensive pen, sir.
Chair Hardemon: It's a quality pen; not a quantity pen, though. You're recognized, sir.
George Mensah: George Mensah, director, Department of Community and Economic Development. Commissioners, PH.1 is a resolution that's authorizing the City Manager to grant extension for Citrus Health Network for an agreement from April 1, 2016 to September 30, 2016.
Chair Hardemon: Is there a motion to accept PH.1?
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: It's been properly moved --
Commissioner Suarez: Second.
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Commissioner Carollo: Second.
Chair Hardemon: -- and seconded to be -- accept PH.1. Any person from the public like to speak on this item? You're recognized, ma'am.
Renita Holmes: Good afternoon. Madam Holmes, Waive of Women in Public Housing, Education, Finance. In regards to this item, it's my concern that while we have Citrus Health Network -- and I think it's a wonderful organization. When we're doing court outreach, Citrus has always been that gapping service provider for those who are incarcerated, particularly mothers who are incarcerated, but what I'm finding now is that there's a confusion with the Chapman program as regards to what ESG (Emergency Shelter Grant) funds are utilized, what the priorities are because of the Federal attachments to the State fund without, you know, getting into the details, because I know we're short of time, but trust my judgment, and I my understanding of this. So basically, what I'm saying, for 2016, I have a shortage of access for women with mental health, women veterans with mental health, and for young women who have been sexually trafficked with mental health to get that gap services, because a majority of the Citrus Health is all of your -- attached to court services. Now, mind you, I've been working for 13 years-plus in courts and outside, from the court to the street, as a ministry and a volunteer, but we'll deal with that issue later. But it's my concern that those who are already homeless are not getting the service. Mr. Mensah, you have made yourself readily available with many other things, and we're about to meet, but how the ESG funds and how the Citrus Health and the court does not connect or fill in that gap is vitally important. I don't know if that would require, through the Commission, the assistance of a flow chart, or we redo the flow chart. All I could do is say since Camillus House is no longer the major provider for homeless, mental health persons, this gap is causing for a lot of women to go to jail, who simply have an issue with medication and mental health, so because this -- they can't get to Citrus Health or they're -- after being arrested, it's causing a great injustice as well; and as a service provider, I'd like to address that gap with these funds, because it does violate their rights or the locality issue, trust me.
Chair Hardemon: Thank you. Thank you very much, ma'am.
Mr. Mensah: No. I just wanted to let her know that these particular funds is not for the type of program that she's talking about. Citrus Health does a lot of other programs. This one is specifically for rapid rehousing; that is when somebody is about to lose their home or their apartment. That's what these particular funds for. So the homeless part of these funds goes to the City of Miami Homeless Program, and they are the ones who uses it to be able to get people off the streets.
Ms. Holmes: If I may, point of clarity. And, yes, they are, and that's why you've seen those ladies show up. I won't designate who has a mental health, but trauma and PTSD (Post-Traumatic Stress Disorder) certainly is an access for police officers or correctional officer who view a death while incarcerated. You can imagine what it's like for a woman that's been traumatized; now homeless. So I -- kind of just telling you that if they're entitled to it at first, and we know they are, and if at one point we used to provide it to them, and if we have an increase in the number of homicides of these women unaddressed, as I've been to you before, there (UNINTELLIGIBLE) an expert, the documentations -- I hate contempt prior to investigation. In our efforts to prevent more mentally ill women veterans or women or young girls that have been traumatized as a result, slipping through the gap and coming to my door or I'm sitting up with them, I would like to sit with Mr. Vickers and the Chapman Trust, who has little to -- very little understanding right now when it comes to women, and deal with that issue, and it's been a long time since you saw us and those women come through. We sat here with Constance and talk about they need of the housing. Let's talk about rapid housing for those displaced as a result of a lack of affordable housing that are suffering from mental illness, who are ADA and (UNINTELLIGIBLE) and a priority, and there's a large gap that I could pull out my laptop and
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show you.
Chair Hardemon: Thank you so very much.
Ms. Holmes: Thank you.
Chair Hardemon: Before you speak, I'd like to thank you for displaying your artwork in the meeting room, in our conference room. When the staff and everyone comes to the conference room, you'll see her new piece prominently displayed on the wall. We're very proud of it. It's beautiful. I think it fits the character of that office. So anyone who's watching know that it -- I think it's for sale. It typically is for sale when it's on the wall there, and this is the young lady that had the opportunity to paint it for us.
Brenda Betancourt: Thank you. Well, it is a pleasure. I think I'm one of the few people that actually do the three of us, you know, that black -- the NET (Neighborhood Enhancement Team) and the blonde, so -- and I'm very proud of it so. It's a pleasure to be there in your conference room, placing my piece. Brenda Betancourt, 1436 Southwest 6th Street. Unfortunate for me, I have to -- the reason I'm standing here right now is because after the last Commission, your director approached me outside; that he wants to be in contact with me in reference of a new ideas on how to reach out to people, and one of the things I ask him is: “Not a problem. Can you please give me your business card so I can email you?” He said, "Oh, I don't have one.” So I will really appreciate if you, as Commissioners of the City, could actually buy business cards for him to give it to the people, because for him to tell me, “Google me and find my information,” in the past, almost more than two weeks, and I hadn't received any mail from him; and when I was trying to give him my business card, he did not want to accept it. To me, that's really irrespectful [sic], because his salary comes from our taxes; and if I as a citizen of this community, which I trying to facilitate to other people, have to go through this type of treatment from him, what will the rest of the people that have don't the opportunity to come here in front of you, what is the treatment that they receive from him? So I really appreciate it if you guys can make, you know, a little contribution. Buy him a business card, so he can distribute to those who ask for it.
Chair Hardemon: Thank you very much.
Ms. Betancourt: Thank you.
Chair Hardemon: Is there any other public comment? Seeing none, I'm going to close the public hearing at this time. I'm sure you have business cards. Do you have any that you have available today? We all run out. I need new ones.
Mr. Mensah: Commissioner, I have a business card; they're in my portfolio in the back of the office. I went to her, and I told her I appreciate what she said, and I -- she didn't approach me; I approached her and told her that I wanted to have a further discussion with her so that we can get more ideas on how to reach out to people in the community, because we -- the other means that we use, she says she doesn't get them. So she asked for business card; she did, and I said, “Unfortunately, I was going out to lunch; I don't have business card on me at that particular moment.” And she said, "Oh."; she knows the City, and she can get information. Commissioner, I've worked here for 14 years. I am -- I'm the type of person that always goes out to people and reach out to people to try to help others. I would never, I would never at any point go to someone and try to tell, “Oh, you do this; you do that.” No, I don't do that kind of stuff. You know, for 20-something years, this is the first time that anybody has ever come and said, you know, I have been disrespectful to them, and it hurts, but, you know, I will let it be. In this world, you don't know what people will -- I mean, I'll let it be.
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Chair Hardemon: Mr. Mensah --
Mr. Mensah: But that's okay.
Chair Hardemon: -- you deal with -- your job is difficult, because your job is particularly to serve underserved communities. And sitting as the District 5 Commissioner, I can tell you, I share in a lot of your pain when it comes to having to do above and beyond what it takes to make things work for a community that many times has been neglected. So one thing I will say is that I've witnessed that you do go above and beyond to make things work for our community, and I appreciate that. You deal with a lot of -- not speaking of the individuals that here today -- but you deal with a lot of individuals that many of us Commissioners, if we had to deal with them, we probably would have reconsidered being a Commissioner within the City of Miami, and so I appreciate you for that. But what I do need you to do is provide your business card to her before she leaves out of this building.
Mr. Mensah: No problem, Commissioner.
Chair Hardemon: All right? Thank you so very much. And so there was a motion and a second. There's a closing of the public hearing. Is there any further discussion on PH.1? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.2 RESOLUTION 16-00334 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT Economic ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA") AN Development EXTENSION OF TIME TO COMPLETE CONSTRUCTION BY OCTOBER 25, 2017, ON THE PROPERTIES LOCATED AT 790-92 NORTHWEST 29 TERRACE, 3255-57 NORTHWEST 11 COURT, AND 3245-47 NORTHWEST 11 COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00334 Summary Form.pdf 16-00334 Notice to the Public.pdf 16-00334 Legislation.pdf 16-00334 Exhibit A.pdf 16-00334 Exhibit - Pre-Legislation.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0159
Chair Hardemon: Moving on now to PH.2.
George Mensah (Director, Community and Economic Development): Commissioner, PH.2 is a resolution of the Miami City Commission, attachments, authorizing the City Manager to grant Allapattah Business Development Authority an extension of time to complete the construction by
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October 25, 2017, on the properties located at 790-92 Northwest 29th Terrace, 3255-57 Northwest 11th Court, and 3245-47 Northwest 11th Court.
Chair Hardemon: Is there a motion to accept?
Commissioner Gort: Move it.
Chair Hardemon: It's been properly --
Commissioner Carollo: Second.
Chair Hardemon: -- moved and seconded that we accept PH.2. Is there anyone from the public that would like to speak on this item? Seeing none, I'll close the public hearing at this time. Is there any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.3 RESOLUTION 16-00335 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") LOCAL Economic HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, Development FOR THE PERIOD FROM JULY 1, 2016 THROUGH JUNE 30, 2019, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE LHAP AND THE SHIP PROGRAM. 16-00335 Summary Form.pdf 16-00335 Notice to the Public.pdf 16-00335 Legislation.pdf 16-00335 Attachment A.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0160
Chair Hardemon: Moving on now to PH.3.
George Mensah (Director, Community and Economic Development): PH.3 is a resolution approving the City of Miami Local Assistance Housing Plan, attached and incorporated, for the period of -- from July 1, 2016 through June 30, 2019, for the continued participation of the City in the Florida State Housing Initiative Partnership Plan -- Program -- sorry.
Chair Hardemon: Is there a motion to accept?
Commissioner Carollo: Move it.
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Commissioner Suarez: Second.
Chair Hardemon: It's been properly moved to accept PH.3. Is there anyone from the public that would like to speak on PH.3? You're recognized, ma'am.
Renita Holmes: Madam Holmes, Wave of Women in Public Housing. We had extensive today discussion about the process and participation of the community, particularly to each community in regards to what its specific desire. I think every neighborhood is autonomous. And when I read the statutes, and it tells us that culture and autonomy is mandatory to be considered, how can we consider a plan for people that people have not really participated? I'm not saying that the effort has been made, but it's been the same effort of outreach or lack thereof, lack of cultural competence, gender respect, or just -- it hasn't been proficient, you know. That history that the City has for itself is not my own, but it most certainly is my experience, whether it's for lack of housing, access to State-incentive housing for those of us of color, or to those of us who are losing our children, because we cannot get into housing because of rules that are made; and I respect currently, as it stands, that this Commission and you all are doing your best to reform that, but you can't change people's attitude, but when I go to the funding source, and it mandates there's a level of guidelines for participation -- and as I check the mark, it cannot be as it was in the last discussion when this came up, just saying that we put a public note out for all my seniors or persons with disability, who don't look on the computer, who can't read that very fine print. I'm encouraging this Commission to not let us -- as (UNINTELLIGIBLE) and the Manager to tell us that it's not okay anymore to just simply make a note of things, and to say that you spoke to other people who don't even have the conversation with me or don't even respect my rights or my civil rights, you know -- to submit to the State and comingle State funds with Federal funds, which say that I should be targeted, and do this continuously -- Commissioners, I love you, but we're starting to establish a color of law issue and a parity of trend of doing that insufficiently to a point of disparity. I'd like to readdress that plan. I ask that you do an oversight in comparison to what the State and the Federal guidelines are, so that when you do begin to reform this and talk about how we should reach out and respect each other, or how we perform poverty initiatives and funding and attach (UNINTELLIGIBLE) to other housing incentives that the basic guidelines are met; that way, we'll avoid Federal litigation or ongoing litigation at a time around this respective situation or resolution. Thank you.
Chair Hardemon: Thank you very much. Is there any other person that would like to speak? Seeing none, I will close the public hearing at this time.
Ms. Holmes: I'm sorry, Commissioner; and that was for the note. Thank you.
Chair Hardemon: Any further discussion from the members on the dais? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.4 RESOLUTION 16-00336 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community and ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Economic DEVELOPMENT BLOCK GRANT ("CDBG") ADMINISTRATION AND Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM DELIVERY FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA") AND SUNSHINE FOR ALL, INC. AS SPECIFIED
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IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE PROVISION OF HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOPWA PROGRAM FOR THE 2016-2017 PROGRAM YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. 16-00336 Summary Form.pdf 16-00336 Notice to the Public.pdf 16-00336 Back-Up from Law Dept.pdf 16-00336 Legislation.pdf 16-00336 Exhibit - Attachment A.pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0161
Chair Hardemon: Moving on now to PH.4.
George Mensah (Director, Community and Economic Development): Commissioners, PH.4 is a resolution authorizing a transfer of CDBG (Community Development Block Grant) funds and Housing -- HOPWA (Housing Opportunities for Persons Living with AIDS) funds -- program delivery funds to Allapattah Business Development Authority, ABDA, and Sunshine For All, and this is to provide housing quality standard inspection services for the City of Miami's Section 8 Housing Voucher and Moderate Rehabilitation Programs and the Housing Opportunity for Persons With AIDS Program.
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved and second --
Commissioner Carollo: Second.
Chair Hardemon: -- and seconded that we accept PH.4. Madam Holmes, you are recognized as a member from the public that would like to speak on the item.
Renita Holmes: Yes. Thank you again. Madam Holmes with Wave of Women in Public Housing, Education, and Finance. You know, a lot of times, people hear me say, “for the note”; that I'm just fussing, and that I'm just some woman has nothing better to do but to read policies and to access housing and to survive as a service provider; not just a member and a taxpayer of the public or taxpayer of Federal funds. I consider myself an entitled individual, and I saw the way that my application of my rights, rules, and policies have benefit me; although, I know that many millions and billions of dollars lost have not done us well when it comes to housing plans. And so we say, Sunshine for All, Incorporated. I mean, Sunshine for All is a good -- who are these people? I grew up -- we talk about that there is an open process, and that we cannot do sole source, but when poor old me, 37 years, wants to do a sole source or find some line item money for me simply because the process has not been inclusive or accommodating or accessible or the planning period has missed me, or I didn't get the notice because I forgot to buy a Miami Times -- that's for us -- that this been a open plan, and I -- as much -- I grew up in Allapattah, but when I look at the Council of Allapattah, when I look at this group that is exclusive, when I look at the culture of it, the lack of outreach, the fact that even Ms. Holmes don't know and been in this neighborhood and come out this neighborhood, we quick to say that we want things to be fair and that there's been a plan, but the inclusivity [sic] on this is questionable. Commissioner, in
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particular, through the Chair, I don't have time as a poor woman to sit here filing indigent court cases and engaging Ms. Méndez; she has enough, but do I really have to -- will somebody invite me, through the Chair, Mr. Gort -- Commissioner Gort, to go to court just for you to do it right? Once you know better, you do better. If I'm to be included in this plan, I'm to be included in this plan. People in Allapattah, particularly disabled people (UNINTELLIGIBLE) to this plan, but yet, we put one group that gets CDBG monies. And the Federal guidelines 924.30, this -- I don't charge by the hour, or anything like that; I'm not an attorney, but I know my policy -- has not been adhered to; and as a matter of late again, you know, here you go taking this (UNINTELLIGIBLE). Here you go again coming to the mike. Here I go again saying what needs to be done, and we have not yet complied.
Chair Hardemon: Thank you very much, Ms. Holmes.
Ms. Holmes: Question, through the Chair, if I may, before I leave: What is the status of the City of Miami when it comes to the lawsuit or the HUD (Department of Housing and Urban Development) violation in regards to citizen participation? I don't know if you, Commissioner -- or Mr. Chair, right off the hand, are familiar with that.
Chair Hardemon: Well, Madam Holmes, first, we appreciate your question, but our order of business is on PH.4, and that takes us away from PH.4. I thank you for your time that you've used.
Ms. Holmes: Excuse me, Commissioner, but it does --
Chair Hardemon: (UNINTELLIGIBLE).
Ms. Holmes: -- put us on PH.4, because CDBG requirements 924.930 CFR, in which I was a Federal complainant and which we do have a HUD violation, and which this has been my concern for the last time about trying to meet with them about citizen participation has yet to be fully addressed according to standards, and that's why I make it a matter of public records.
Chair Hardemon: Madam Holmes, part of the reason that you're speaking at the mike right now is because we respect civic engagement. You've gone beyond your two minutes. You've gone way beyond it, and we're always respectful of every attempt that you make to speak on the public hearing. I'm asking that you give us the respect that we're giving you and allow us to move forward with the business for PH.4. If there is any other discussion that any Commissioners want to hear or question they have for you, they will ask it, and I will grant them that time to hear it, but I want to thank you for the time that you spent now making your record -- your public comments on PH.4, and I have to give the next opportunity for anyone else that wants to speak on the item, and if there is --
Ms. Holmes: (UNINTELLIGIBLE).
Chair Hardemon: Madam Holmes, but understand what I'm --
Ms. Holmes: (UNINTELLIGIBLE).
Chair Hardemon: -- understand what I'm saying to you. On PH.4 --
Ms. Holmes: (UNINTELLIGIBLE) slandered (UNINTELLIGIBLE).
Chair Hardemon: You will never be slandered by myself. On PH.4, there -- well, first, on -- the public hearing section does not guarantee your right to have a question answered, as I understand, at this time when we're addressing this item. It gives you a right to speak on the item, and so what you talked about was on the item, and then you moved away from the item.
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What I'm saying is that on PH.4, your public time to be heard regarding PH.4 has come to an end. Is there anyone else from the public that would like to speak on PH.4?
Victoria Méndez (City Attorney): Chairman, I will ask her for the information so I could find out what the status is of this lawsuit. I am not aware of this lawsuit at this time.
Chair Hardemon: Okay. Thank you very much, Madam City Attorney.
Ms. Holmes: (UNINTELLIGIBLE).
Chair Hardemon: Is there any other comment from the Commission on the dais? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
PH.5 RESOLUTION 16-00248 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS Fire-Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S WRITTEN FINDING OF A SOLE SOURCE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF THE CITY CODE, AND APPROVING THE PROCUREMENT OF THE EZ-IO INTRAOSSEOUS INFUSION SYSTEM AND ACCESSORIES FOR THE CITY OF MIAMI'S DEPARTMENT OF FIRE-RESCUE ("DEPARTMENT") FROM ARROW INTERNATIONAL, INC., A WHOLLY OWNED SUBSIDIARY OF TELEFLEX INCORPORATED, ON AN AS NEEDED BASIS, FOR A THREE (3) YEAR TERM; ALLOCATING FUNDS FROM THE DEPARTMENT'S GENERAL FUND ACCOUNT CODE NO. 00001.184010.552100.0000.00000, WITH FUTURE YEAR'S FUNDING SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
16-00248 Summary Form.pdf 16-00248 Memo - Manager's Approval.pdf 16-00248 Memo - Request Sole Source Finding.pdf 16-00248 Letter -Teleflex.pdf 16-00248 Market Research.pdf 16-00248 Notice to the Public.pdf 16-00248 Back-Up from Law Dept.pdf 16-00248 Legislation.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0162
Chair Hardemon: PH.5.
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Joseph Zahralban (Deputy Fire Chief): Good evening.
Chair Hardemon: Good evening.
Mr. Zahralban: Honorable Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief, Department of Fire Rescue. PH.5 is a resolution requesting ratification, confirming the City Manager's finding of the need for a sole source procurement, in the amount of $75,000, to support the continued use of EZ-IO, our Intraosseous Infusion System, provided by Arrow International, for the purpose of administering fluids and medication during cardiac arrest, when intravenous access could not otherwise be obtained. This contract provides for a three-year term, using existing funds from the Department of Fire-Rescue. I'd be pleased to answer any questions you may have.
Chair Hardemon: I have a quick question for you. We had a big debate about this. Have you ever used this apparatus?
Mr. Zahralban: Yes, sir, I have.
Chair Hardemon: Does it go through the bone, or does it go just through the veins? How is it --
Mr. Zahralban: I was hoping that --
Chair Hardemon: -- is this from television, where they just enter your chest, or what is this?
Mr. Zahralban: I was hoping that question wouldn't come up, because I was asking myself, “How am I going to answer this without being too graphic?”
Chair Hardemon: Okay.
Mr. Zahralban: It is actually a drill that we use that goes, yes, through the bone, and it provides us with access to bone marrow, which is as good as intravenous access. So it allows us to drill through the bone in a specific area and then insert a tube, in essence, and it allow us direct access to the body to provide life-saving medication.
Vice Chair Russell: You had to ask.
Mr. Zahralban: So, yes, you will actually see us drill through the leg.
Chair Hardemon: Well, that's the extent that City of Miami Fire will go to save your life, so I think it's necessary. First, is there any public comment about this item? Seeing none, I'll --
Commissioner Carollo: Move it.
Chair Hardemon: -- close the public hearing. It's been properly moved --
Commissioner Gort: Second.
Chair Hardemon: -- and second that we accept PH.5, which requires a four-fifths. Is there any further discussion?
Vice Chair Russell: I want to see a video.
Chair Hardemon: I'm sure they have one.
Commissioner Carollo: On YouTube.
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Chair Hardemon: Seeing no further discussion, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Mr. Zahralban: Thank you.
PH.6 RESOLUTION 16-00257 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Programs/Transportat GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ion ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF APPROXIMATELY TWELVE (12) FEET IN WIDTH BY APPROXIMATELY ONE THOUSAND FOUR HUNDRED NINETY-SIX (1,496) FEET IN LENGTH, RUNNING IN A NORTH/SOUTH DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("PROPERTY"), FOR A PERPETUAL NON-EXCLUSIVE UNDERGROUND WATER EASEMENT FOR THE PURPOSES OF CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF UNDERGROUND WATER LINE FACILITIES ("FACILITIES"), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. 16-00257 Summary Form.pdf 16-00257 Notice to the Public.pdf 16-00257 Legislation.pdf 16-00257 Exhibit - Grant of Underground Easement.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0163
Chair Hardemon: Moving on now to PH.6.
Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director, Capital Improvement Program. PH.6 is a resolution authorizing the City Manager to execute a water and sewer agreement with Miami-Dade Water and Sewer Department, for the installation of the water lines installed at the Miami Marine Stadium.
Chair Hardemon: Okay. Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing. Is there a motion to approve?
Commissioner Carollo: Move it.
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Chair Hardemon: It's been properly moved --
Commissioner Gort: Second.
Chair Hardemon: -- and seconded that we accept PH.6. Any further discussion about this? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.7 RESOLUTION 16-00258 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Improvement ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Programs/Transportat GRANT OF AN UNDERGROUND EASEMENT, IN SUBSTANTIALLY THE ion ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF APPROXIMATELY FIFTEEN (15) FEET IN WIDTH BY APPROXIMATELY ONE THOUSAND NINE HUNDRED EIGHTY-SEVEN (1,987) FEET IN LENGTH, RUNNING IN A NORTHWEST/SOUTHEAST DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, ON THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("PROPERTY"); FOR A PERPETUAL NON-EXCLUSIVE UNDERGROUND SEWER EASEMENT FOR THE PURPOSES OF CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF UNDERGROUND SEWER LINE FACILITIES ("FACILITIES"), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID UNDERGROUND EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE UNDERGROUND EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. 16-00258 Summary Form.pdf 15-00258 Notice to the Public.pdf 16-00258 Legislation.pdf 15-00258 Exhibit - Grant of Underground Easement.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0164
Chair Hardemon: Moving on now to PH.7.
Jeovanny Rodriguez (Director, Capital Improvements & Transportation): PH.7, Commissioner, is a resolution, authorizing the City Manager to execute an agreement -- an easement agreement with Miami-Dade Water & Sewer Department for the installation of the sewer lines installed at the Miami Marine Stadium.
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Chair Hardemon: All right. Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing. Is there a motion to accept?
Commissioner Carollo: Move it.
Chair Hardemon: It's been properly moved --
Commissioner Gort: Second.
Chair Hardemon: -- and seconded by Commissioner Gort that we accept PH.7. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PH.8 RESOLUTION 16-00329 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE THE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER APPROVING THE RETROACTIVE SELECTION OF KENT SECURITY SERVICES, INC. FOR THE PROVISION OF SECURITY GUARD SERVICES CITYWIDE FOR AN AMOUNT NOT TO EXCEED $50,000.00 FROM MARCH 1, 2016 THROUGH APRIL 21, 2016. 16-00329 Summary Form.pdf 16-00329 Notice to the Public.pdf 16-00329 Pre-Legislation.pdf 16-00329 Back-Up from Law Dept.pdf 16-00329 Legislation.pdf 16-00329 Exhibit -Manager's Approval Memo.pdf
Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0165
Chair Hardemon: Moving on now to PH.8.
Annie Perez: Good afternoon, Commissioners. Annie Perez, director of Procurement. PH.8 is a resolution ratifying, confirming, and approving the City Manager's finding of an emergency for Kent Security Services, in an amount up to 50,000.
Chair Hardemon: All right. Is there anyone from the public that would like to speak on this item? Seeing none, I will close the public hearing. Is there a motion to accept?
Vice Chair Russell: Move it.
Chair Hardemon: It's been properly moved. Is there a second?
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Commissioner Gort: Second.
Chair Hardemon: There is a second. Is there any further discussion from the dais? Any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
END OF PUBLIC HEARINGS
SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading 16-00089 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES", TO ADD A NEW SUBSECTION REQUIRING THE REGISTRATION AND MAINTENANCE OF CERTAIN REAL PROPERTIES BY MORTGAGEES; DEFINING TERMS; PROVIDING FOR PENALTIES AND ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION AND REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00089 Summary Form SR.pdf 16-00089 Legislation SR (v2).pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
13599
Chair Hardemon: Let's move on now to SR.1
Eli Gutierrez: Good evening, Mr. Chairman, Commissioners. Again, Eli Gutierrez, City of Miami Code director. SR.1 is an ordinance on second reading. An ordinance of the City of Miami, amending Chapter 10/Article 4 of the City Code, entitled "Registration of Vacant, Blighted, Unsecured, or Abandoned Structures."
Chair Hardemon: Is there anyone from the public that would like to speak on this item? You're recognized, ma'am.
Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just have a question: This will help the Code Enforcement to register all these abandoned and blighted structures or lot. This will be attached to -- if they try to do anything through Building or any other department that the Code Enforcement will be able to know if it's in the middle of plans? Because we have heard a couple of times of like -- you have people that been cited, and it seem that we just get neglected or did not pay attention to a specific Code violations, because they think that they going to build something and that they let it go, that this will not affect any of that; it will be just registering them through the City Code? I just want to understand a little bit more of what --
Chair Hardemon: I thought -- and I want to be clear, if I heard it right, because I want to be
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clear what your question is. You're speaking about the issue where people allow demolition by -- what would be -- neglect, right, and so your question, particularly, is will this affect the demolition by neglect issues that you have?
Ms. Betancourt: Yes.
Chair Hardemon: Okay.
Mr. Gutierrez: No, Commissioner. This has nothing to do with that, no. This is just registration of vacant properties.
Chair Hardemon: Okay.
Renita Holmes: Madam Holmes.
Chair Hardemon: So you would -- so we would know, then, beforehand if -- for instance, if a property was in bad shape, we would know, because it's registered here, and we would be able to tract whether or not it has been by neglect, rather than having to take the word of, for instance, a neighbor --
Mr. Gutierrez: Correct.
Chair Hardemon: -- in the area?
Mr. Gutierrez: And we would know who it belongs to.
Chair Hardemon: Okay, great.
Ms. Holmes: Just for the record, Madam Holmes again. What would be the public outreach, education, and notice process? Who would handle it? And where would the general public, say a ninth grade property owner or senior property owner? How -- could you just elaborate a little bit more on how we can know what the mortgagees are? And my second question of consideration may be: Do those enclose those red-line mortgage areas? You know, because I could see the disparity already. And if we wanted to make this a justified process, would that have a conflict issue, through the Madam Attorney? I know that some of these houses, some of us, the City of Miami sued on our behalf. Would that include those properties as well?
Commissioner Suarez: Can I just jump in on that real quick?
Chair Hardemon: Sure. You're recognized, sir.
Commissioner Suarez: So -- yeah, let me just -- to answer your question, because the phenomenon you're describing is actually reverse red-lining, which is that --
Ms. Holmes: Yes, sir.
Commissioner Suarez: -- right; which is that, you know, our -- we've taken the position as a city that banks lent money on worst terms to minorities than they did to non-minorities in a certain period of time, and I think this actually helps us in that litigation, because it helps us identify those properties, and it helps us build the evidence that we need, potentially, when we have to prove our damages as a city related to what -- you know, what was the loss of value; how much value did we lose? How much value did our citizens lose? How did it affect our quality of life? So I think that this can help us in that; identify some of these properties a little bit sooner.
Ms. Holmes: If I may, Mr. Chair?
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Chair Hardemon: You're recognized.
Ms. Holmes: The underline consideration, though, at this point -- and this is a second reading -- is that the lateness of certain real properties or mortgagees; and so, while we're still finding out -- and although, we may have already litigated and we're also negotiating on behalf of those of us in the red-line area, and that there is ongoing injustice, are we now incruing [sic] more injustice or difficulties or disparity by initiating such a resolution, which does not provide supportive education, service, or even clarity, and still speaks of the conflict of interest? And I think it can, if we handled it better, but this could be a very (UNINTELLIGIBLE) contingent not-to-win situation. We've litigated a situation already by (UNINTELLIGIBLE). That's why I asked also the consideration at the County Attorney. Did we not have some type of lawsuit or litigation (UNINTELLIGIBLE) banks, where there was litigation done already regarding these properties?
Victoria Méndez (City Attorney): That is what Commissioner Suarez was alluding to; that there is cases on reverse red-lining with FHA (Federal Housing Administration) and FHA issues, but this is just registration of vacant and abandoned properties that really, though related, because that's what caused these properties to be vacant and abandoned, it doesn't affect the litigation.
Ms. Holmes: But does it affect the property owner as well, the ongoing mortgagee? Isn't that about incrument [sic] of payments, if we're talking about --? I mean -- and see, as astute as I may be, Commissioner, on understanding the level of education, knowledge, and participation of those who are red-lined or red-line or gentrified out but still owning the house, incruing [sic] payments, reporting to (UNINTELLIGIBLE), and thus and so forth, isn't that kind of like slapping the hell out of us by providing that information that we've already litigated and further incurring more damages? I don't know. There should be a concern when Madam Holmes has questions of conflict on such a delicate issue. It's my recommendation that those questions be answered, because it seem like we would be talking out of both sides of our neck.
Chair Hardemon: It appears to be that what Ms. Holmes is asking is --
Ms. Holmes: I'm sorry. Yes.
Chair Hardemon: -- does this process further exacerbate the injury that the victim of -- someone who received unfavorable terms of the loan and then -- was therefore then foreclosed on, does this exacerbate their issue, does it hurt them further, or is it just a tool in which we would use in the City to keep track of the number of foreclosed homes or homes that are in distress?
Ms. Méndez: Basically, at the point -- between first and second reading, it was addressed at the point at which would be -- the trigger for the registration of these homes would be at the recording of lis pendens, which would be the actual time that it comes into the public records, and it's noticed for all; and then now, this is tidying up, pretty much, an ordinance that we already have in the books, which is to register vacant and abandoned properties in order to be able to know where they are and be able to assist the community, especially when -- if there's sqatters, to keep an eye on them; when there's fires sometimes, because there may be homeless people inside of a house, you know, making fires in the little -- you know, to cook something that -- which has happened several times, and Fire-Rescue has to go out and -- it's basically addressing and knowing that these properties are the problem properties that Police sometimes has to go out to and having it all in a centralized manner. The City already has something like that, but this is just streamlining the process as to when and how it should be done.
Chair Hardemon: Thank you very much Madan City Attorney.
Ms. Holmes: Commissioner, just in the interest of doing -- and solutions and being fair, is there
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any way that we can consider attaching this list that we're now becoming aware of and identified properties as not to be sold or not to be -- put on a sold list or (UNINTELLIGIBLE). Maybe, as an extra remedy to those of us who are entitled, concerned, in which this City has represented in a class action suit, provide another way -- some type of supportive services to the mortgagees or to those who have been so unlawfully and injustively [sic] challenged, that list could possibly move on. I'd like to talk to you further about it, because I know you're moving really fast, but so does the property that others are gentrified out as a result of this injustice; and so if we can identify potential injustice perhaps as a fair and supportive institute instead of just litigating , perhaps we can litigate some of that situation, because we've identified them now. And I see best practices occurring, so maybe some of these people can maintain their properties as well. I'm just saying, you know. I've seen it done.
Chair Hardemon: I want to recognize the Commissioner --
Commissioner Suarez: Yeah.
Ms. Holmes: Yes, sir.
Chair Hardemon: -- and then the gentleman behind you, who stood up for public comment.
Ms. Holmes: I think that's a great solution I'm recommending here, and, you know, I would love to see us entertain, particularly as a disparate group, particularly African-American women who own houses. We can have everybody have a solution, Commissioner, but when we come here and talk about a solution, you can sue for us, and we can be misconstrued, and we can be identified, and we can be -- and that's what I'm saying, but when it comes to solution part, I would like to have that face addressed to me; not to the guy behind me.
Chair Hardemon: Let me recognize (UNINTELLIGIBLE) --
Ms. Holmes: I'm just saying.
Chair Hardemon: -- (UNINTELLIGIBLE) the Commissioner.
Ms. Holmes: Thank you very much, my Commissioner.
Commissioner Suarez: And I was going to say to her point, which is a good point, which is we're in litigation, and we don't know where and how this is going to conclude; and we've talked, you know, in times about settlements and how we fashion settlements and how do these settlements actually serve the community that we believe these institutions have harmed, and so I will be more than happy to sit down with Madam Holmes and you and see what kind of potentially creative solutions she can offer to find ways to maybe incorporate that in some of our discussions.
Chair Hardemon: All right. Thank you very much, Madam Holmes. I'm sure you will take him up on that.
Commissioner Suarez: Sure.
Chair Hardemon: Is there any other person that would like to make a comment on this? You're recognized, sir.
Scott Blasie: Thank you. I appreciate it, Chairman, members of the Commission. I'm -- I don't know if I can speak; I haven't filled the form out yet. Real quickly, my name is Scott Blasie. I'm the national government relations director for Community Champions. We actually administer these programs all over the country. We have about 120 government clients; about 53 in
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Florida. Hialeah came onboard last week. I just wanted to kind of maybe get this back on the right track. This is strictly a Code Enforcement tool to help them better deal with properties that are in foreclosure and have become abandoned and a problem in the community. What we do is provide them -- first of all, we drive registration compliance and also property maintenance compliance; so, at the end of the day, when you drive down your street and there's a house on your street that's in foreclosure and the bank's foreclosing on it, they're actually taking care of it and registering the property, which that's a tool for Code Enforcement, is it provides them immediate real-time contact with responsible parties in the event, as the City Attorney so well put it, that if the Fire Department, Police Department, or Code Enforcement needs to get a hold of somebody and get something done, that's the essence of it. There's -- the property owner is not involved in the process at all. It's all using public record data and providing a tool for Code Enforcement, so they can hopefully do more of the other stuff and a little less of the abandoned property stuff. Thank you.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: Thank you very much, sir. You want to be recognized?
Commissioner Gort: Yes. One of the biggest problem I have within my district, and I know throughout the whole City of Miami, these abandoned homes, they're used by vagrants, they're used by criminals, and it ruins our neighborhood; and the problem is, our Law Department and Code Enforcement cannot do anything, because they're not -- they cannot get a hold of the property owner; either a bank or whoever is in charge of that property. And that's a major problem that I have, and I think it's throughout the whole City that those things are taking place, because that's one of the biggest complaint I receive all the time, and it's a shame, because that ruins the neighborhoods.
Commissioner Suarez: So I'll move it. I don't think there's any -- there's been -- hasn't been a motion.
Chair Hardemon: There's (UNINTELLIGIBLE) been a motion.
Commissioner Suarez: Move it.
Chair Hardemon: Okay.
Commissioner Gort: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Public hearing's officially closed. It's been properly moved and seconded to accept this item. There's no budgetary effect of this? There's no budgetary effect?
Daniel J. Alfonso (City Manager): No, Mr. Chairman. As a matter of fact, at this time there is no budgetary effect, whatsoever. This is just allowing the City to procure a tool, if you want to, in the future.
Chair Hardemon: Okay. Any further discussion? Seeing none, all in favor, say "aye."
Todd B. Hannon (City Clerk): Chair, it's an ordinance.
Commissioner Gort: An ordinance.
Chair Hardemon: Oh, I'm sorry, it is an ordinance. I apologize. Madam City Attorney.
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The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: Roll call on item SR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
END OF SECOND READING ORDINANCES
FIRST READING ORDINANCES
FR.1 ORDINANCE First Reading 16-00371 District 2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Ken 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Russell AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO AMEND SECTION 2-886, ENTITLED "ATTENDANCE REQUIREMENT", TO PROVIDE THAT BOARD MEMBERS WILL ONLY BE ENTITLED TO ONE (1) EXCESSIVE ABSENCE WAIVER DURING THEIR TENURE AS A MEMBER OF A BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00371 Legislation SR.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Hardemon: You're recognized, sir.
Vice Chair Russell: Thank you. I brought up FR.1 during a Commission meeting when we didn't have all of us here, and so we deferred this so that we could all discuss it together, the issue of term limit waivers and excessive absence waivers for our appointed board members. This is something that I'm really trying to work on piece by piece to really improve our engagement of boards, engagement of the public in their involvement with boards. And one of the things I see as possibly limiting us from really growing new involvement is the fact that we have always continued to grant five-fifths waivers on term limit for people who have served out their entire term. I understand the benefits of institutional knowledge for those who have been here for a long time. I understand that it's been hard to get people interested in boards, and so that there's a worry that there's a small pool of candidates who might fill their place, but I've said it before that I've even taken on an initiative of recruiting and advertising new board members, and we've had over now 130 applications for the various boards to which I'll be appointing. As to the other thing about institutional knowledge, I mean, each of us here, after eight years, no matter how good we get at this job, it's time for us to go; same thing goes to the President of the United States, and I think the same thing should go for our board members. So what I've asked for in this ordinance is to basically limit the one-year extension that they get to only one additional year, so that if someone has served out their entire term, we can do a five-fifths waiver that gives them one more year, but that gives that year our notice to find somebody new for that position; and to welcome that board member who served out their term, plus one year, to find another avenue to help us in the City, because for sure, they can be valuable in many other ways. So that's my ask of us as Commissioners, to -- you know, it's going to be more work for us to find more people, but I think it's worth it, and I'm -- it's very important to me.
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Chair Hardemon: Vice Chairman, one thing I want to express to you about this is that the reason that I found myself not being able to support this is because this -- unlike, for instance -- an election, for instance, if -- so if we're running -- if I'm a Commissioner, yes, I have -- I can only serve two consecutive four-year terms. However, once that consecutive term ends, I'm allowed to run for Commissioner again, and I may be elected to that same seat, and that's the will of the people. The will of the people decide that. The boards are a little different. The will of the people do not necessarily decide the boards; the will of the Commissioner decides the boards. And so, the Commissioners put forth a name, and we vote amongst ourselves; and that vote, in and of itself, is that same type of term limit that you speak of when you talk about for us running as Commissioners, except, it's not expressly saying that you only have these many years that you can do it. Now, my concern is that if there is a person that has demonstrated themselves to be excellent on a board, and they've served and had an extension -- only one extension the way that you've described it, I lose that ability years down the line, or the next Commissioner who sits in my seat lose that ability to appoint that person to serve on the board, and that's the part that I have some trouble with. If there's someone that needs to be replaced, the way that the rules are stated today, we're able to replace them. And I'm having trouble with siding with you where I would lose the ability to appoint someone that I thought was good for a board , simply because they were born and decided to serve many years before I became Commissioner. Commissioner Gort.
Commissioner Gort: I'll be frank with you; I feel the same way. I'm all in favor of absent waiver. Anybody's that's been absent more than three times should go, and that's it, that's for sure, because there's no interest in those people to participate. I don't have any problem with absent waiver, but I think some of the board members that I've had (UNINTELLIGIBLE) naming a lot of board members in different boards; and after serving one or two of the meetings, they did -- no one want to come back. It's very difficult to find real good people dedicated that really cares for it, and they're doing it because they love this. Because, let's face it, they don't get any funds, or they don't get any compensation for their work; it's all volunteer. Absent waiver, I'm all for it. That should not be taking place.
Vice Chair Russell: I believe that Commissioner Carollo asked for some information from the Clerk in the last meeting in terms of some statistics about the term limit waiver.
Todd B. Hannon (City Clerk): Yes, sir. I do have the information. I just want to stress that it's in a draft format, but if it's the will of the Commission, I can hand out the report in its draft state for you to review at this time.
Vice Chair Russell: Could you refresh our memory on what it was that was requested?
Mr. Hannon: Basically, it was a report on the number of board members serving with term waivers, number of board members that require an absence waiver at this time, and the number of vacancies that are on the City of Miami boards, and that's basically summarized in this information here, and I can -- we can distribute it, or I can just give you a brief summary of what was, I guess, discerned from engaging in that particular research. Briefly, there are 35 boards, committees, agencies, and trusts that the City Commission either directly appoints or confirms the members that serve. Of those 35 boards, there are 334 -- 343 board seats derived from those 35 boards, committees, agencies, trusts; 26 board members are currently serving with a term limit waiver; 5 of these board members are serving their last term granted by a term waiver and cannot have their terms extended by an additional term waiver; there are 21 board members that have currently exceeded the number of allowed absences, and therefore, require the four-fifths attendance waiver; there are 70 vacancies on the City's boards, committees, agencies, and trusts; and, in addition, there was a question asked as to whether or not a five-five term limit waiver was ever denied by the City Commission. And upon review of City Commission documents on file in the City Clerk's Office, it was determined that requests for five-five term limit waivers
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ultimately have not been denied by the City Commission.
Vice Chair Russell: Should we have term limits, at all? If -- we're never going to vote them down, because we don't want to, personally, stand in the way of another one of each other's appointments; because if I carry out my feeling on this, and I vote against on the five-five when someone comes -- and we have several of them today -- it's a bold statement, because this is somebody -- this is me standing in the way of somebody you really want to serve on a board, and it's not a personal statement. Certainly, there are people that this would affect within the boards that I appoint to that will get knocked out, and they're good people, but I'm going to invite them to get involved in other ways. I -- if we're going to continue to allow ourselves to just reappoint and reappoint without any limit, then should we just not have term limits? Because --
Chair Hardemon: May I?
Vice Chair Russell: Yeah, of course; you're the Chair.
Chair Hardemon: I do invite term limits in the way that we have them, because it does give you the ability, as a Commissioner, to say, "Hey, there's a term limit; thank you for your service," and I can reappoint or appoint someone different. However, it also gives us the ability to say, "Listen, your work has been tremendous, and I want to continue to have you serve." So term limits, in and of themselves, do not preclude a Commissioner from choosing someone different. You may not reach your term limit, and you may be removed from your position. And the Clerk, I'm assuming, correctly pointed out that a five-fifths term limit waiver has not been denied, but I will certainly tell you that in my time being here, just an appointment for a position has not been supported by this Commission, so a much lower threshold has not been met when I've attempted to appoint someone. So the Commissioners do stand up at certain points and say, "Hey, we don't agree with this appointment; and because we don't agree with this appointments, Commissioner, I can't support you with that," and it has happened. And we've continued discussion about, for instance, the one that I tried to appoint many times over many different meetings, and they stood firm. I think that those Commissioners looked at the person that I was appointing and the situation at that time; and just like with these five-fifths waivers, it may seem to the public like we're not giving it true thought, but I trust and believe when these Commissioners see a name that they don't believe should be serving any longer on a board, they're going to speak their heart.
Commissioner Gort: At the same time, it's -- there's term limit, because once you leave, the new Commission can appoint -- change all the board's appointments.
Vice Chair Russell: Madam City Attorney, could we split the two items into two ordinance? We have one on term limit waiver, and one on excessive absence waiver. I seem to have support on one, but perhaps not the other.
Ms. Méndez: Yes, definitely, we can leave the provision -- in provision "C," we can leave it untouched for now, and we can just go with the provision with regard to the absence.
Vice Chair Russell: I still want to deal with both of them; I just want to deal with them separately.
Ms. Méndez: So it would be modified, as modified. You make the motion, as such, as you've described, and we would modify that just dealing with the attendance one.
Vice Chair Russell: But I'd like to also vote on the term limit.
Ms. Méndez: Oh, I -- okay. Then it would be -- if you would like for -- to deal only today with the -- and maybe I'm misunderstanding you, so I apologize. We can deal with just the attendance provision, and then in the future, you bring back the ordinance on the --
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Chair Hardemon: Well, Madam City Attorney, would it be best to just bifurcate the issues and bring both of them back? I think that's probably the cleanest way of doing it.
Ms. Méndez: That would --
Vice Chair Russell: Can we bifurcate them in the moment to vote now?
Ms. Méndez: Yes. Well, that's what I was trying -- and that's what I thought you said, that you just wanted to deal with the --
Vice Chair Russell: No. I want to deal with them both. I -- even if I get voted down, I'd like to have the vote.
Ms. Méndez: That, we can't do, because of the fact that we only -- we're only addressing one ordinance with -- we can definitely take out a provision, but we can't create like two separate ordinances today. You would either -- you can make -- I think this is how we could address it: You can make a motion to pass the ordinance as is; that may fail, and then you can make another motion with -- if that's how you want to address both things, you can make a motion to pass it as is; if that fails, then you can make an amended motion to pass just with the attendance, and I think that addresses what your -- and I apologize if I'm not understanding what --
Vice Chair Russell: What if I were to amend this to take out the term limit waiver, so we're only voting on the excessive absence waiver in the moment, and then I immediately bring a pocket ordinance regarding term limit waiver with the same wording?
Ms. Méndez: No, because it would have to be noticed, and I believe this is first -- it's first reading, but it would have to be noticed as such.
Chair Hardemon: The ordinances must be noticed, because it's a change to the law.
Vice Chair Russell: Understood, understood. In that case, with your permission, I'd like to remove the term limit waiver portion so that we may vote on the excessive absence waiver portion. I haven't heard from two of my Commissioners, so I don't know where we fully stand on the votes, but I definitely would at least like to take up what I know that I've got support on in the moment.
Ms. Méndez: Yes, that could be -- so then your -- you would be making a motion to pass the amended legislation that only addresses the attendance provision.
Vice Chair Russell: Yes, that's my motion.
Commissioner Carollo: Second for discussion.
Chair Hardemon: It's been properly moved and seconded. We will need to open this up for public hearing. Before we go to public hearing, one thing I wanted to say is this: Under the provisions of the absences, it does not give us very many reasons to have an excused absence. So, for instance, as was stated by Commissioner Gort, these are volunteer positions, they are unpaid, people are giving of their time, but -- for instance, if a woman is having a baby, it is not excused. If you are at work at that time, it is not excused. If you fall ill, it is not excused. And so, if anything, I would love to amend the section that allows for excuses and at least give the boards the ability to decide if an excuse should be excused and, therefore, not counted against someone, and them finding themselves not able to serve because of what should be an excused absence, so that's part of my issue with this. And if there's any other discussion, I'll let that discussion happen before we open up for public hearing.
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Vice Chair Russell: The -- Mr. Chair, the excessive absence doesn't really take into account whether it's excused or not excused. It pretty much is any absence.
Chair Hardemon: Correct.
Vice Chair Russell: And I guess what we need to decide is, even if somebody is sincerely and genuinely sick, for example, that's the worst-case scenario, that maybe they wanted to be there but they're not, and they're not contributing to the board, should we still find the need to replace them? I mean, as tough a decision as that is, because it's not due to their fault or intention; but if they're not contributing to the board, or they're not meeting their quorum, or they're not -- you know, the contribution isn't there, should we find someone new for that board?
Chair Hardemon: Well, I think --
Vice Chair Russell: Is that a fair question?
Chair Hardemon: -- I personally think that you should give that board the opportunity to decide that. The board may say, “Listen, this person does contribute, although they have not been present at these two meetings.” That may not be consecutive; they may be meetings that are few and far between; maybe January and March or January and April, but I think it would be fair to those who serve on the board, who deal intimately with that person to have the decision-making authority to say, “That excuse is excused” -- well, that -- yeah, that excuse is excused, and therefore, it should not count against them for them to be removed. I certainly can't make that decision, because -- I mean, I walk at nighttime past these chambers sometimes, and I see the work of many of the people who are sitting before us today, and they're here, and they're working. And so, if they're not able to work on two or three occasions, and they find themselves at the mercy of Section 2-866, I want to them to have the fair opportunity to be heard at least before their peers on the board to decide whether or not their excuse is not excused, and they should fall victim, if you will, to this section.
Vice Chair Russell: So your suggestion that there's an amendment that the board themselves decide whether there's an excuse or not before it comes to us for the excessive absence waiver? And at that point we would either grant the waiver or not. Is that --?
Chair Hardemon: Commissioner, I'm suggesting that Section "D" of Section -- part “D” of Section 2-886 include an amendment to add that the boards are able to decide if an absence should be excused or not.
Ms. Méndez: Where would you like that?
Chair Hardemon: It would be Section 2-886. That's the attendance requirement under Section "D." Section "D" basically goes in and says that these two points don't apply to the above-mentioned, and that's if you are in the United --
Commissioner Gort: In reserve service.
Chair Hardemon: -- if you're reserved in the United States Armed Forces or the National Guard or some other duty of the state, nation, or homeland defense; and also, employees of the agencies whose services are considered essential for national, state, or homeland defense, who cannot attend board members [sic]. I mean, they basically decided, if you're not about to prepare for war, then there is no excuse; and what I'm saying is that there should be more discretion --
Ms. Méndez: Right.
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Chair Hardemon: --as to what type of excuse.
Ms. Méndez: So then 3 could be, "or unless waived by the board itself", something like that, or unless determined an excused --
Chair Hardemon: I would say, maybe unless --
Ms. Méndez: -- absence?
Chair Hardemon: -- unless -- and I'll recognize the importance of the absence. Unless waived, the absence is waived by a supermajority of the board members present at the meeting. That recognizes, one, that you're giving deference to the board members who are there; and then also that it's not a simple majority but a supermajority, so therefore, it needs to be something of great concern, because it is of great concern that these boards are not working because they don't have quorum. I think that would be a fair compromise. If you did that, I would -- you would have my support.
Vice Chair Russell: So that would be an amendment to this ordinance under the wording that you just said?
Ms. Méndez: Yes, but it would -- based on how it's drafted, it would be as -- those individuals who are members of City boards and who are excused by --
Vice Chair Russell: Where? Where would you put that?
Ms. Méndez: We would put it -- we would do a number 3; and then it would say, “Who are excused by said board pursuant to a supermajority of the board members present.”
Vice Chair Russell: I'm sorry, I don't see where you're placing that in the ordinance.
Ms. Méndez: It would be -- we would be creating a subsection number 3 under "D."
Commissioner Gort: D(3)
Vice Chair Russell: I have to go to the --
Ms. Méndez: And all the way at the end above my signature, it would be creating subsection 3, and it would say, "Excused by a supermajority of the board members present."
Vice Chair Russell: So, in essence, just to make sure I'm clear, an absence waiver would not even come before us if it were excused by a supermajority, but once it does come before us, people would only be allowed one excessive absence waiver before they are no longer on the board?
Ms. Méndez: Correct.
Vice Chair Russell: I would accept that amendment.
Chair Hardemon: Thank you. Is there anyone from the public that would like to speak on this item?
Frank Pichel: Good afternoon, Commissioners. Frank Pichel, member of Code Enforcement Board and Nuisance Abatement Board. My address is here. I'd like to put out one thing about the excuses of the board members. I'd like to remind you that you have different boards that meet different times of the month. Some boards meet three, four times a month; you have other boards
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that meet once a month. If you use the same standard for all these boards, the boards that meet once a month -- one person is absent one time, that's it; they're done. And also, you have chairpersons that I think, at this point, have the authority to either grant or not grant an excuse or a not acceptable excuse, or terminate a member because of an unacceptable excuse. Madam Attorney, am I correct on that?
Ms. Méndez: There are certain attendance requirements in some subsections; but this provision, which is 2-886, says, “Notwithstanding any other provision in the Code.” So whatever is drafted here is going to supersede what's already in the Code with regard to attendance waivers, but the provision that was just placed, as amended by Commissioner Hardemon, basically is giving that -- the board the ability to excuse an absence by a supermajority of the board members present.
Mr. Pichel: I humbly consider -- that you consider that. Remember, you have chairpersons that you all appoint; they're your gatekeepers; they're your watch persons. I know that, you know, the chairperson that I serve with, Chuck McEwan, is very vigilant on those matters; perhaps, you consider that, because you can have a mechanism in place to prevent these excessive absence from the boards and people that just want to have a title and just want to come here and sit on a board just to say that they are. The majority of us, we do this because we love it; it's our civic duty and pride. I'm grateful to you guys for keeping down for as long as you have and for Commissioner Gort of appointing me. I think the boards are a great balance between the public and the government, either of which could be excessive at times. So I think the boards -- these boards, especially those that I sit on, do a great deal of good. We protect your interest, we protect the public, and we also protect the interest of the City of Miami, which is, I think, the goal of all of us.
Chair Hardemon: But before we move forward, I thought that Commissioner Carollo would have accepted this amendment, because he acquiesced to it, because he didn't object, but the Clerk wants something more solid on the record. Do you accept the amendment that I proposed?
Commissioner Carollo: I'm not sure, because I want to add some amendment also; for instance, the Family and Medical Leave Act.
Vice Chair Russell: The what?
Commissioner Carollo: Family and Medical Leave Act, where for 12 weeks, in a 2-month period, if you have a birth of a child, you are able to take FMLA (Family and Medical Leave Act). Also, if you have sickness or one of your relatives -- immediate relatives, a mom or dad -- and I don't know the specifics -- you're also able, by law, Federal law, to take FMLA. So I think we need to include something in there so they're not penalized, like they wouldn't be in their regular jobs, due to Federal laws, so I think we need to add something stipulating that. I definitely believe, obviously, on our veterans and the reservists from our armed forces, but I think we need to add something with FMLA.
Chair Hardemon: Madam City Attorney, that would probably be more appropriate for part three, replace what I recommended for three, and put what I wanted at four. I'm sure we can enumerate a number of different things that should be there. Something as important as a Federal guideline, I think, is important to be there, but I would recognize also that point 4 allows for all those excuses to be heard and decided upon; but more importantly, it should be there. That's what I believe.
Ms. Méndez: Arguably, you're correct. The one that we have placed -- but they would have to vote on it each and every time, and I guess that's what Commissioner Carollo would be worried about; that if you have to bring it up and vote on it, so you would want a specific exemption. If you're on FMLA at your regular work, then you would like for it to apply to these boards.
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Vice Chair Russell: So that there wouldn't even be a supermajority need or a vote amongst the board, but those would automatically be excused.
Commissioner Carollo: Exactly. And, you know, be straightforward with it, because -- I mean, this is Federal law, and I want -- I don't want -- I do not want to preempt Federal law, especially where you have legit excuses that, you know -- to the point that we've had Federal laws on, so I think that needs to be stipulated there. And then, you know, I thought of one. I don't know if there's others. I don't mind your amendment with regards to a supermajority of the board members being the ones who vote, whether it is an excused absence or not. And I just want clarity, Commissioner Russell, when you're saying that it will come back to this Commission for only one four-fifth waiver. If after that four-fifth waiver that person is --
Ms. Méndez: Brought to you again.
Commissioner Carollo: No. If that person then attends the meetings and doesn't have an attendance problem, when it comes back to us, there is no more four-fifth waivers, correct? That person can continue --
Vice Chair Russell: It wouldn't come back to us then.
Commissioner Carollo: It still would, because every year we still have to reappoint. So, let's say the first year they need a four-fifth waiver, we give it to that person; second year, they do not need a four-fifth waiver, because they attended all the meetings. See, we could reappoint once a year. We regularly appoint our members once a year, so it's not you give them a four-fifth waiver, and they're there for four years; no. It's a one-year term, but they could still sit eight one-year terms or even 10 one-year terms, unless that other ordinance passed. So what I'm saying is, you have here that it's a one four-fifth waiver. However, just like term limits, once you have a term limit, and you can't run anymore due to term limits, someone else comes to your seat or that Commission seat; but in the future, you could run again for that seat. So I just want to verify that this one-time four-fifth waiver, does that mean that consecutive, or if, in the future -- let's say, the first year we give them that four-fifth waiver; then for two years in a row, they have -- you know, they don't have any absences; then that fourth year they come back and they need a four-fifth waiver, could then that be allowed again?
Ms. Méndez: So then what you would like to do is in Subsection "C" basically say "per term."
Vice Chair Russell: No. He's asking a question of my intention within the current --
Commissioner Carollo: Exactly, Commissioner Russell; I'm asking what's your intent.
Vice Chair Russell: Right. My intent is to force us to take away some of our -- to force us to be diligent in making sure that our boards are well attended, and the wording is excessive absence -- one excessive -- they -- they'll only be entitled to one excessive absence waiver during their tenure as a member of a board. And so, it doesn't mean they can't be absent again, and then suddenly they're knocked out. If they're excessively absent again, and they also apply to the -- applying to the amendment, the board themselves deem that it is an unexcused excessive absence, that this should only happen once in their tenure. If it happens again, even if it's in next year, that means they've missed an excessive amount of meetings on an unexcused basis, and for me, that's time for us to find somebody new. And just to clarify -- the gentleman who I thanked for coming -- I don't believe there's any case where someone just misses one meeting, and they're knocked out; am I correct?
Mr. Pichel: No, that's not true, Commissioner.
Vice Chair Russell: Okay. That's what I --
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Mr. Pichel: Like I said before, your chairpersons monitor that. They're your best gatekeepers, and they have authority to remove anyone from the boards that just excessively absent. It's great that you guys are monitoring this, because, you know, not every chairperson is diligent on that, but it is -- I think you have a good idea as to the excessiveness, to bring it before you guys, and to ultimately remove someone who's abusing or not monitoring their responsibilities.
Chair Hardemon: I will say that I prefer the power to excuse an absence to be in the hands of the board members that are present, a supermajority of them. I think it's a more fair process. It's more honest than putting it in the hands of one person. And another thing is that part of the reason, Commissioner Carollo, that I can support this with the amendment that I proposed and that you proposed but without changing Section "C" that Commissioner Russell proposes is this: If a board member was diligent about getting his excused absences to that board, I believe, wholeheartedly that the board members will approve ones and excuse his absences that he has, and so it would not arise to the level in which he'll be in violation of this ordinance. So I miss a day, I miss two days; I come to my board members and say, "Board Members, these are the excuses that I have for these days; will you please excuse me for those absences?" And I believe that through the good faith of a supermajority of those board members present, they will grant him those excuses. So I just hope that the board members who we appoint -- because if -- I ask for the board members we appoint do the right thing and excuse proper absences, and don't use their powers to hurt board members that they don't want to see on their board any longer, and we know some of those people that we're talking about, so.
Vice Chair Russell: So we would be leaving it to their discretion, each board, as to what would constitute an excused absence or not, or are we giving them a list of what would be considered excused on which they simply judge this -- they met this criteria or not?
Chair Hardemon: So the only addition will be Commissioner Carollo's addition as enumerated for number 3 under Section "D," and then part four would give them the discretion; because if we had to enumerate the number of reasons why you should have an excuse, I don't think we could.
Mr. Pichel: Excuse me; one last thing, and thank you for your time. Commissioner Carollo, that was a nice (UNINTELLIGIBLE) have. It is Federal law, and I'm glad that you said it. I would like to just suggest one last thing humbly: Would you consider that in the event of a tie that the chairperson of that board be the tie-breaker, just in case?
Chair Hardemon: Does the chairperson normally vote? If the chairperson normally votes --
Mr. Pichel: Well, right now, the chairperson is the person that has the authority to remove a member with unexcusable absences.
Chair Hardemon: What I'm saying is that if there is a vote and the chairperson normally votes, then there is no tie-breaker. So, for instance, there are bodies where the chairperson does not vote; he only facilitates this. So this body, the way that we work right now, the Miami City Commission, by rule, the Mayor is the chairperson, and he would not vote on any of these items --
Mr. Pichel: Okay.
Chair Hardemon: -- except that our ordinance allows him to appoint a chairperson, which is what I do, and so I have a dual duty. One of my duties is to facilitate the meeting, but I also have a responsibility to vote. And so, sometimes it can be difficult, because you may have a lot of things you want to express, but the reason you see me be reserved at times is because I want the comments of my colleagues to come forth. And so, I say that to say to you that it seems to be that on all of these boards, the chairperson typically votes, except for maybe like the Charter Review
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Committee; you have those instances, and then in those instances, I believe that -- it would be appropriate for the chairperson to be the tie-breaker, but those are rules that get -- now you're getting into the nitty-gritty of each committee, and I'm trying is to stay at a thousand feet above (UNINTELLIGIBLE).
Mr. Pichel: I accept your knowledge and experience, Commissioner. I'm just trying to facilitate because -- we -- last we want is a gridlock in these boards to keep it from moving forward, but thank you for your time.
Vice Chair Russell: The voting members are always odd numbered, though, anyway, right? So we wouldn't have a tie.
Mr. Pichel: Yeah, but if the person that is out is the person asking, there's balance.
Vice Chair Russell: Right.
Mr. Pichel: That's my point.
Vice Chair Russell: And then my final question either to the Clerk or to the City Attorney, whoever can help me here: This would only apply to the boards that don't have their own absence waiver and term limit waiver provisions, or does this apply across the board?
Ms. Méndez: This provision is like a super provision. It's says, “Notwithstanding any other provision in the Code.” So even though there are attendance provisions in some of these boards, this is the end all, be all.
Chair Hardemon: We still are ready for public comment. Sir, you're recognized.
Paul Camacho: Paul Camacho, Camacho Construction Management. I'm here on behalf of our company. We do business in the City of Miami. We're not -- I'm not here on behalf of the extensions of absence; I'm here on behalf of saying -- of wanting to express my opinion regarding the boards, on the Code Enforcement Board. You all would want to be home right now, wouldn't you all? I'm sure you all have family. Those people come here 5 o'clock in the afternoon and sometimes stay till 9, 10 o'clock. Ms. Allyson works in Broward County; she's here at 5 o'clock on the dot, walking in through that door to serve on this board as the Code Enforcement Board, and she doesn't receive a penny for the services she provides to this community that you, as Commissioners, have appointed and have decided that they were the right persons, or maybe it was other Commissioners prior to you. There have been a lot of people here on this board for the Code Enforcement Board, and they have come and gone. You have two (UNINTELLIGIBLE). They do good get a check from the City of Miami, but they get a retirement check for the services that they provided as the guardians to all of us and all of you, some probably in high school or college, and they were protecting you guys while you all were sleeping. They're proud to be here -- members of the board, of the Code Enforcement Board, and you also have the right to remove him, if you wish, but I think that the consideration should be taken. There's another board member right there. She comes with a little girl. I don't where the little girl is now, and she stays here, and sleeps back there, and stays until her mom finishes. You need to recognize these people. And also remember that you all are elected to public official for a certain period of time. That means you might move on, and someone else might come, and they might not want them; we understand that, but please consider it. They have served this community with good interest. They know -- you take that one right there with the glasses. You talk about a violation on a property, and I'll tell him that I'm doing it, and he says, "Oh, that house on the corner has a” -- “the gray house with the picket fence.” He knows the City of Miami. They're -- love in their heart for City of Miami. You all have a heart and love in your heart for the City of Miami, or you wouldn't apply to be here, because I'm sure you all get compensated, but it's probably not enough for all the hard work you guys do; and it's going to be
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8 o'clock at night, and you all are still here. Please consider. Because a lot of people want to apply, and they have come. You've had other people here, but they've moved on; because when they realize they don't make a dollar, and they come here till 9, 10 o'clock at night, they just don't want to be on the board. Then you have people that are hard-working people in this community that enjoy being in this board, and we're considering removing them? I mean, I was born in New York, and I was raised in Cuba, and my mom was born in Tampa and raised in Cuba. The America way is if it doesn't work, you change it; but if it works, why would you change it? I would ask for you all to please reconsider on your future decision on removal of any of the members of the board, of the Code Enforcement Board. And let me tell you something: They're not as easy as they look; they're tough. And that one over there loves $250 a day, okay? And it makes it hard sometimes on my clients, and clients -- I've come with clients here that are 92 years old. I came here the other day, she had an unsafe structure case, and she had a Code Enforcement case. We already knocked down what was illegal. We already pulled a City permit. I already -- matter of fact, I just got today the picture in my phone that the inspector had given the affidavit of compliance. I don't know why they would want to change the people that are on the board. I mean, they were elected by Commissioners. Now, if a new Commissioner comes in, Mr. Russell, and would enjoy having someone that represents his district, I can understand that, but to remove what works for the City? I'm out of this City by this way; I just do business in the City of Miami, and I'm also the chairperson for the Westchester Miami-Dade Chamber of Commerce. I'm part of the agricultural fair that is going on till Friday, Saturday, and Sunday; you're all welcomed to come, and I'm sure my district Commissioner is mad at me, because I've been here since 10 o'clock this morning.
Chair Hardemon: We're going to charge you for that advertisement. Thank you very much, sir.
Unidentified Speaker: You are from New York.
Mr. Camacho: And I was going to say, ladies and gentlemen and members of the BCC (Board of City Commissioners), like I'd say somewhere else, because it is the same: Board of City Commissioners. I thank you all for your time. Please consider. I think you have a great board, and new people can come; they've always come. We also have Mr. Aaron. All these guys are here at 5 o'clock, and they don't make a dollar, and this is day after day after day after day after year. Thank you for your time. May God bless you all.
Chair Hardemon: Thank you very much. I know we have further comments.
Renita Holmes: Madam Holmes again. Commissioners, it's great when I heard that this was going to be a reform. I'm also a member of several other boards with the County and the City and -- but currently with the City is a board member you appointed for the Commission on the Status of Women, and sometimes I have to consider: It's less of a conflict for me to show up here with less than two minutes than it is to show up to a board that has not really had all of its Commissioners appointed yet. There are boards where Commissioners have not appointed anyone yet, and that folks always attend committed and there; and sometimes the same three, which recently increased, can sometimes be impeded by just one. But when we look at appointment to boards, we would think that it would be about a fairness and performance, overall knowledge; when you look at continuation of members about what they've done and how they've contributed, so each board is autonomous within itself. I've been appointed by someone outside of my district, but if someone that I don't know sits on three district -- three boards within my district, or the same people sit on the same three boards within my district, I question performance, conflict of interest, and other issues, because it seems it's all about persuasion. When I grew up -- I'm 54 years old -- when we were kids, we had a lot of people, but if you did not extend a invitation as a chairperson or a staff, has there really been any fair assistance? I think you might want to also consider that as a ADA (American with Disabilities Act) issue, there are those of us who are surviving cancer. There are those of us who have emphysema. There are those of us who are dealing with cervical or prostate issues, and show up for board members --
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meetings, and we'll tell you to sit down, shut up, and don't say nothing in front of two attorneys, and there's nothing done. So there are enormous issues about boards here, just as sure as there is enormous issues about racism, discrimination, and biases. I have a tendency to tell the truth. There are those of us who want people appointed to a board that are going to tell the truth , that are going to take the challenge, who going to say, “Let's get better.” So if I've got the same people for the last three or five or six years, and nothing's getting done, and women aren't getting anywhere or men aren't getting anywhere or -- we even have a man appointed to our board; nobody discussed it with us. I think, overall, we need to take a look at it. So, if you've missed nine meetings, and all of a sudden you want to be (UNINTELLIGIBLE) say, "excuse me," you better give me nine good reasons, because my chemo, my doctor, my commitment, and my appointee has done everything to make sure that I come to serve. And so, I'm asking you all to take a great look, particularly when we talk about the disparity of women; I think that's great. Let's compare the Commission on the Status of Women Board, the last elections, why people aren't appointed, why they aren't there, where they're coming from, how far they got to come; and then we would say, "Maybe it's more than just the board; maybe it's the system, maybe it's management, maybe it's staff." I'm reporting to three or four different staff. And this is -- it's a matter of public hearing. The reason why -- if it's a conflict, Mr. Chair, to the Attorney, I don't like coming to meetings in the rain right after chemo, not feeling good, (UNINTELLIGIBLE) to have somebody tell me “shut up and sit down,” and in front of attorneys, and nobody says anything. So I'ma tell you something: (UNINTELLIGIBLE), because I could do better in two minutes. We were taught in law school at Barry University how to whip ass with just one question. So it's a issue about termination after not performing for so long and not adhering to ADA rules, or those who have impeded us because they don't know (UNINTELLIGIBLE) the ADA rules, and they're the staff (UNINTELLIGIBLE), or it's because those who have been chairing for so long did not perform or just -- nobody wants to come anymore. Deal with those real issues; talk to me about that.
Chair Hardemon: Thank you very much.
Ms. Holmes: You know, because I think sometimes, when people who don't want to hear you can tell you on four different boards, “We've heard enough of you, thank you very much,” or “sit down and be quiet” or whatever the case (UNINTELLIGIBLE), I don't think the issue is about the board; it's about the ethics.
Chair Hardemon: Thank you very much, ma'am.
Ms. Holmes: Thank you very much.
Chair Hardemon: You're recognized, sir.
Miguel Soliman: Good evening, Mr. Chairman, Commissioners. My name is Miguel Soliman. I reside at 1436 Southwest 6th Street. I'm here -- while I've been hearing all this, I, myself, serve on two boards that I was fortunate enough, and have the honor that was placed by Commissioner Carollo and Commissioner Suarez. Now, I'm here to give you the other side of the coin. If we go by the idea, as I see it, with all due respect, by the idea that “if someone's doing a good job, let's leave them there,” then we wouldn't have presidential elections, we wouldn't have mayoral elections, we wouldn't even have Commissioner elections. Now, someone can be doing a great job, but there's always someone out there that, of course, can do a worse job, but there can also be someone out there can do a better job. Some of these boards are very, very powerful. The Code Enforcement Board that was just named can decide the fate of one person, and that fate can be a difference between $250 or a million dollars. That's one individual. Now, I understand that in that particular board, that gentleman has been there for about 15 years. I don't know about you, but I think that's an individual with a lot of power, you know. With that kind of power -- and a lot of these boards have that kind of power. I mean, where do we set the limit? 10 years? 15 years? 20 years? A lifetime? I think Vice Chairman Russell has a very
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good point. Maybe person is doing a good job. I give of my time. You know, we all give of our time, but that shouldn't mean that we can't move on and serve in other ways. I don't think that gives us a license to be on a board for 20 years.
Chair Hardemon: You know, I believe you're correct. There have been -- those positions can be powerful. I've replaced my -- it will be -- not Code Enforcement Board, but Planning & Zoning Appeals Board member with someone that has never been replaced before, and so -- another individual there -- I've watched those meetings, and I've seen him express himself, and he's echoed many of the things that I say as a Commissioner, and I've actually witnessed him refer to things that I've said in a Commission meeting. I mean, that to me, goes above and beyond. That individual has to be north of 70 years old, and I respect the work that he did. I mean, the homework that it takes to watch our meetings and echo the sentiments of the Commissioner that appointed you is tremendous, but the other member that I took away from his position, you know, didn't show me that same type of attention and care for his position, and so I removed him. And I know that there are other Commissioners that look at their board members the exact same way; and if they don't, they should. This does not take away the power and the authority for someone to remove someone from office that is not performing. If I think that there's someone that's not performing, and it's been shown to me that the person is not performing, and I come up with a clear reason why I think they should be removed, then I'll remove them, and I'm sure other Commissioners will do the same.
Mr. Soliman: You know, there was mention that people don't stay on boards. A lot of times people don't stay on boards because they get to a board, and the chairman of the board has control, and the voice of this new individual doesn't get carried on, and you know what? I'm giving of my time, I'm sacrificing my family, I'm coming here to every board meeting, but I'm not making any difference, because the board is controlled, and that's -- you guys can't keep an eye on. It's impossible to keep an eye on everything and everybody. There's board members that have been sitting on boards for 20 years. I mean, there's got to be -- I mean, that doesn't sound right. And they're not -- nobody's considering removing them at any time. They may be doing a great job, but you know what? Our system, we change leadership positions for a reason: for progress. That's what has made our country so great, and I think these boards are -- should be looked at the same way. That's my humble opinion.
Chair Hardemon: And I appreciate that.
Mr. Soliman: Thank you.
Chair Hardemon: I'll let you speak, if you want to. The item that we're talking about right now specifically is about absences, though.
Mr. Soliman: Thank you for hearing me out, Mr. Chair.
Vice Chair Russell: Thank you. Mr. Chair, this is exactly why I'm bringing both of these. I have heard complaints from the boards that attendance is waning, people are feeling discouraged. There are people who have been on boards for many, many years, and as -- and some are very good, so it's not to say that, you know -- I'm not trying to make a blanket statement about anyone, but there are some boards where some people feel that their voice isn't heard, and that the person who's been there the longest or that is the chair may be entrenched because they have the ear of this Commissioner that wants to reappoint them, and there's a lot of pressure on us to reappoint them, because this is a person that has been serving for so long, and that's why I'm almost trying to take it out of our hands. It shouldn't be anyone's decision to extend someone's term limit. It should be -- there's an end to it, and we don't have the pressure or choice to continue it, but that's for another discussion, I understand. In this case, I'm -- if I haven't made it clear, I am absolutely accepting both of the amendments to my motion, and if there's further discussion.
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Chair Hardemon: Ma'am, you're recognized.
Patricia Arias: Patricia Arias, P.O. Box 557548, Miami, Florida 3322 -- 32 -- 33255. I've had the pleasure of being the attorney for the Code Enforcement Board and Nuisance Abatement Board for more than five years now, I think. It's been a period of time. I don't know; I lose track. And I can tell you that that's one board that we sit -- we have sat nine when it -- you only need to have seven, and the two alternates don't leave. So I have had the pleasure of sitting at least with the Code Enforcement Board when everybody who has a chair comes and comes regularly, if not, every time. There are people who have had issues, and there's always an excuse; something happens. It's one of those things. So being an outsider on some level and seeing how they work, I can tell you that I think each of these boards should be looked at, because I don't think that any board should not not be looked at, but I think that every board has had or has its own special trait as to how it's conducted itself, so I would like -- or I would think that you could look at each one differently and determine it; and especially with the one that I can speak to, which is Code Enforcement, is that if we've cancelled one hearing for quorum, I think that's been once in five years, and that's an impressive thing when they come here at 5 o'clock of their own time and free will. With re -- so that's for future consideration, because my understanding from what I've been hearing -- and I've been trying to pay attention intently -- that's off the table with regards to how you're going to handle the term limits. But going to the excuses, my only comment as to that -- and the only thing I'd like to make sure is that at least in Code Enforcement, it is also governed by Florida Statute, and Florida Statute requires that the excuses be no more than two, and three consecutive, and there can be approved excuses by the Chair. So I just want to make sure that this amendment, if I read it correctly, having a supermajority would be greater than the statute, not less than the statute, so.
Ms. Méndez: The City does have home rule Charter powers, and we're not preempted.
Ms. Arias: Okay.
Ms. Méndez: We can tweak this with regard to Code Enforcement, but we will double check it.
Ms. Arias: Right, because the statute -- there is -- there's an actual Code -- I have to be familiar with it. There is -- the statute specifically speaks to Code enforcement, so that was (UNINTELLIGIBLE) my only commentary is to make sure that we kind of follow it, because the Code section, if I'm not mistaken, already follows the statute pretty much when it comes to the Code Enforcement Board and how it's run, so that would be my only commentary.
Ms. Méndez: (UNINTELLIGIBLE) 16205 (UNINTELLIGIBLE).
Ms. Arias: Correct. I have it. It's 16205 and I think 04 or 0 --
Ms. Méndez: We'll look at it right now.
Ms. Arias: And that's all I have to say. And I've been here all day; and, really, you guys, I don't know how you do it, because this is tough. This is tough.
Chair Hardemon: Nuts. You're recognized, ma'am.
Brenda Betancourt: Goodnight. I want to express -- I am one of the person who complains about the Code Enforcement, not specific, but the boards that need to be some changes. I a part of two boards in the City of Miami, and I am in seven committees in the County; totally different. We have a specific time. You serve four years; you can have a second year so you do eight, and then you can move to another board, or you can move to a different way of volunteer. But when
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you have a chairperson that you are trying to do something about it, or have an idea and the person is like, “You didn't tell me,” with the attitude like, “I am the boss,” so what did that tells the person who's here, like me, and in your board, okay? What message do you sending? Can you reappoint new people, expecting that they going to be listen when they have an idea? Let me tell you right now, they are not going to be listen. I'm not saying all of them. The board -- or this chairperson are the same. I'm enjoy to be in Code Enforcement. To me, everybody who knows me, I know about the Code. In my gallery, I have the Code Enforcement book that Eli me, and I was harassing him about giving me -- and I always have a stash. When people ask me about Code enforcement, I give them the book, and I make sure I give Eli's cell phone number so he can answer, and he knows that. So I love Code Enforcement, but I need to know that if I going to appoint to another board that have different statute -- because Code Enforcement is very specific and unique, but when we have other boards, and that chairperson doesn't want to listen to the board members, so what is the point to have other people? Just let the person run the meeting by herself. That is one of the things that I'm being complaining about, because if you do not allow the rest of the board members to give you an idea, to try to help so the board really be an advisory board to you guys, so what are we appointing people? Don't even deal with that about absentee; just let the person run by self, do whatever they want, and the rest of us don't count.
Chair Hardemon: Thank you. That -- you know, we definitely hear her concerns, and I want to make it clear that any board, the chairperson -- I mean, their will is really at the mercy of that body.
Commissioner Gort: The board members.
Chair Hardemon: And so the board members themselves are the ones that have to speak up to override the authority that the chairperson has. I don't have unfettered power to do what I want here, and that's why I try to invite even the Commissioners' input on things, such as, for instance, the PA (personal appearance) hearing that we had earlier, you know. I know that I was going outside of the normalcy that the Commission does, and so I invited the comments of them. So don't be afraid to assert your power. And if you have issues, come to your Commissioners that have appointed you; especially go to the Commissioner that appointed the person that you believe is being abusive, because maybe that's the wake-up call, because I haven't had that call yet: "The person that you appointed is being abusive in his position" or "her position." Commissioner, you have any other things?
Vice Chair Russell: Yeah, that's a -- that is a separate issue; and trust me, I am not trying to handcuff the boards or reduce their -- people's interest in involvement. If you watch over the coming months, I am taking many steps to improve the boards and make them very effective in bringing legislation to us; that we task them with solving many of the issues that we, as Commissioners, don't have the expertise or time to get into, and it's going to be a good time. I really want to encourage people who are excited about serving on boards, and that's part of what this is, even though it may take some tough decisions to get there, but here's where we are.
Chair Hardemon: Commissioner Carollo?
Commissioner Carollo: No.
Chair Hardemon: No?
Commissioner Carollo: I'm ready to vote.
Chair Hardemon: No comments. Any comments?
Commissioner Gort: Yeah. One of the things I think we should look at -- how many boards you
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said we have?
Chair Hardemon: 35.
Commissioner Gort: 35?
Mr. Hannon: There are 35 that the City Commission either directly appoints or confirms, and then there's an additional 5 with the 2 BIDs (Business Improvement Districts), and then the CRAs (Community Redevelopment Agencies), which gives us roughly a total of 40 boards, with a total of 388 board seats.
Commissioner Gort: Part of looking -- as we're doing this homework, looking at the board members, we all should see what are the boards, how they performance, and what is the -- they really performance according to their -- what they're required to do so, and we need to go into that. And I agree with you, Commissioner Russell; I think we -- it's time that we look at all the boards and see if they're really effective, and what they're doing. Thank you.
Chair Hardemon: Currently, on the floor there's a motion and a second, with amendments that include the amendments that Commissioner Carollo advised and the ones that I advised. Is there any further discussion about the motion that's on the floor?
Ms. Méndez: Chairman, I just wanted to bring to the board's attention Florida Statute 16205 -- and you heard what the Code Enforcement Board was talking about, the chair; and the chair does have a lot of power, pursuant to Florida Statute -- that “if any member fails to attend two or three successive meetings without cause and without prior approval of the chair, the Enforcement Board shall declare the member's office vacant, and the local governing body shall promptly fill the vacancy,” and that's how we've been operating Code Enforcement all these years. If you pass, though, this legislation, you're able the change that, so I don't know what the will of this board --
Vice Chair Russell: Meaning, we would be reducing the power of that chair on the Code Enforcement Board?
Ms. Méndez: Right.
Vice Chair Russell: So -- which is actually a more stringent requirement in that particular case. Well, I certainly wouldn't want to weaken absence waivers, so perhaps, we -- is it possible to write this in a way that excludes that particular board so that their -- or is it the “notwithstanding” language that we need to change?
Ms. Méndez: The -- well, the “notwithstanding” basically applies to everything. You know, you're saying that this is the super ordinance that covers everything. We could put another exception -- it could be number 5 -- that “the Code Enforcement Board shall be exempted from these requirements,” but that's obviously up to you.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Question: It's my understanding that the chairman of the boards -- at least that's the way it's been always -- are elected by majority of the board members; am I correct? So the board members have the option to get rid of the chairman or nominate a chairperson, okay? Thank you.
Chair Hardemon: (UNINTELLIGIBLE), yeah.
Commissioner Carollo: Call the question.
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Vice Chair Russell: Well, does the --?
Chair Hardemon: I'm closing the public hearing first, so --
Vice Chair Russell: I would just like to know if the other members here would like to exclude the Code Enforcement Board from this.
Chair Hardemon: So, if we excluded Code Enforcement Board, we're saying that the Code Enforcement Board would allow the chairman to decide whether or not their absences are excused? Is that what we're saying, Madam City Attorney?
Ms. Méndez: Pursuant to Florida Statute, that's what it says. I'm double checking in Article 10 that we have the same exact language, because it may not have made it, but we have been following Florida Statute all these years, so let me just double check here in Article 10 of the Code.
Chair Hardemon: While she's checking, this is not for her to hear, but for the board members: If we allow the power to rest in the chairman, we're inviting the same issue that I think many of the people here was -- were explaining; that the chair many times exerts authority over a board that has undue influence. And so giving that power to excuse an absence to a supermajority of the body, I would think would be more fair than it would be through the chair.
Commissioner Carollo: I agree.
Chair Hardemon: That's my opinion.
Commissioner Carollo: I agree.
Ms. Méndez: Our Code section actually does not have the same language as 16205. We've just been following 16205 based on the fact that they meet three to four times a month, and Code Enforcement is the most active board; and also, the way that our Code reads is: "If a member fails to attend three successive meetings or a total of more than four meetings within a calendar year, the member shall automatically forfeit the appointment." So that's what has been done, but because of the concern over the years that Code Enforcement meets so much and has so many hearings, that was -- 16205 was adopted because this did not address that --
Vice Chair Russell: So this --
Ms. Méndez: -- in their bylaws.
Vice Chair Russell: -- wouldn't even be triggered until someone had missed three in a row or four in a year, and then it would go to a supermajority vote of that board to decide whether they were excused absences or not. If they do, after that point, it would go to us for a four-fifths extension, which could only be done once during their term?
Ms. Méndez: Well, that's what I wanted to confirm because --
Vice Chair Russell: During their tenure.
Ms. Méndez: Tenure? Oh -- because --
Vice Chair Russell: Once during their tenure.
Ms. Méndez: Right. Because Commissioner Carollo had brought up that question --
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Vice Chair Russell: Yeah.
Ms. Méndez: -- so do you want it --
Vice Chair Russell: I want to leave it as is.
Ms. Méndez: -- because as written right -- okay.
Vice Chair Russell: As written.
Ms. Méndez: Because as written right now, it's like --
Vice Chair Russell: It's during their tenure.
Ms. Méndez: Okay.
Vice Chair Russell: One excessive absence waiver during their tenure.
Ms. Méndez: Right.
Vice Chair Russell: And so, yeah, I think we're better off leaving it without including the Code Enforcement Board as a special exception, because I think this is a pretty fair way across the board to deal with absences.
Commissioner Carollo: Yes, agreed.
Vice Chair Russell: All right. Shall we call it?
Chair Hardemon: Question has been called. Any further discussion? Seeing none --
Mr. Hannon: Excuse me, Chair. It's an ordinance.
Chair Hardemon: It's an ordinance.
Ms. Méndez: “An ordinance of the Miami City Commission amending Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as amended, entitled 'Administration/Boards, Committees, Commissions/Standards for Creation and Review of Boards Generally,' to amend Section 2-" -- “to amend Section 2-886, entitled 'Attendance Requirement,' to provide that board" -- I'm sorry; I'm reading the edited portion out. "Further providing that board members will only be entitled one excessive absence waiver during their tenure as a member of the board; containing a severability clause and providing for an effective date, as amended."
Mr. Hannon: Roll call on item FR.1.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, as amended, 4-0.
Chair Hardemon: Thank you very much.
Ms. Méndez: Chairman, if I may ask Commissioner Russell does he want the term limit legislation to come up, or you will tell me when --?
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Vice Chair Russell: We'll discuss it.
Ms. Méndez: Okay.
Vice Chair Russell: Well, I would like -- I don't know if this is in the purview of the Clerk -- for all boards that are affected by this to get a memo that's very clearly laid out for their next meeting that they understand all of these changes.
Mr. Hannon: Once the ordinance -- you mean between first and second reading, or once it's passed? I'm sorry.
Vice Chair Russell: Of course, once it passes.
Mr. Hannon: Oh, understood. Yes, sir. Yes, sir.
Commissioner Gort: I think -- excuse me, if you put that document together, let the board member knows that they're the one that elect the chairperson.
Mr. Hannon: Yes, sir.
Commissioner Gort: Okay?
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 15-01696 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Management RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S WRITTEN FINDING OF AN EMERGENCY, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND WAIVING COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-85 OF THE CITY CODE, AS AMENDED, FOR THE PROCUREMENT OF THE MANUEL ARTIME THEATER HEATING, VENTILATION AND AIR CONDITIONING SYSTEM COMPRESSOR, FAN MOTOR, AND MINOR REPLACEMENT PARTS ASSOCIATED WITH REPAIRS FOR THE SAME, IN THE AMOUNT OF TWENTY-EIGHT THOUSAND ONE HUNDRED FORTY-TWO DOLLARS ($28,142.00) TO DEBONAIR MECHANICAL, INC. AS AN EMERGENCY PROCUREMENT. 15-01696 Summary Form.pdf 15-01696 Back-Up Documents.pdf 15-01696 Legislation.pdf 15-01696 Exhibit.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0167
Chair Hardemon: Moving on now to RE.1.
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Daniel Rotenberg: RE.1. Daniel Rotenberg, director of Department of Real Estate & Asset Management. RE.1 is a resolution of the Miami City Commission, by a four-fifths vote, approving the City Manager's written finding of the need for emergency funding; waiving the competitive bid process for the HVAC (heating, ventilation and air conditioning) unit at Artime Theater. We have two units there right now. One of them went down; we fixed it. We've got a second unit that's down; we need to fix that. This is for the first unit that went down already.
Commissioner Carollo: Move it. Discussion.
Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: And seconded that we accept RE.1. Any further discussion from the dais?
Commissioner Carollo: Yes. Mr. Rotenberg, I just want to follow up on a conversation. Obviously, this was on an emergency basis, but the neighbors are still complaining, and we had the discussion regarding that -- it actually needs to be replaced, that air conditioner system. I believe the money is there set aside, but it hasn't been done. Do you know when it's going to be done, and where are we with the actual replacement of the whole AC (air conditioner) unit there in Artime?
Mr. Rotenberg: Well, we're working on it right now. The money has been set aside. You're right, the units do make noise. The first motor that we replaced was from 1958; the second motor is similar. I don't know why it wasn't changed, but it's being changed now.
Commissioner Carollo: Okay. Would you foresee in the next couple of months, or what timeline? Because --
Mr. Rotenberg: I'd like to have this done within the next four months.
Commissioner Carollo: Okay, fair enough. At least I have something to tell the residents, because it's been at this for quite a few months; and, you know, when I see that we're doing a repair, but the problem still exists, I think it's time that -- especially since we have the money set aside already, that we actually move on and actually replace the units.
Mr. Rotenberg: Duly noted.
Commissioner Carollo: Thank you.
Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.2 RESOLUTION 16-00337 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN SOLE SOURCE CONTRACT NO. 13-14-004 ("AGREEMENT"), FOR THE SCAVENGER 2000 DECONTAMINATION BOAT, IN AN AMOUNT NOT TO EXCEED $50,000.00, THEREBY INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $650,000.00 TO AN AMOUNT NOT TO EXCEED City of Miami Page 90 Printed on 5/19/2016 City Commission Meeting Minutes April 14, 2016
$700,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND WATER MANAGEMENT TECHNOLOGIES, INC., FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00337 Summary Form.pdf 16-00337 Legislation.pdf 16-00337 Exhibit - Agreement.pdf 16-00337-Submittal-Miami River Commissioner-Recommendation Letter to Approve RE.2.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0166
Chair Hardemon: If I may, board members, I want to skip to RE.2, because I know there's a family that's been here for a very long time --
Commissioner Gort: Yeah.
Chair Hardemon: -- waiting to hear this, so RE.2 I'll call at this moment.
Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. RE.2 is a resolution whereby we're increasing the contract capacity that we use in the City of Miami for the Scavenger vessel from $650,000 to $700,000. This year we approved in the budget the extra $50,000 of capacity for the Scavenger vessel to operate. We had done that the previous year as well, but in order to pay, we have to actually have a greater contract capacity, and that's what this resolution does.
Commissioner Gort: Thank you.
Chair Hardemon: I'll open up the -- well, this doesn't have to be for public hearing at this time, but I'll allow public hearing at this moment.
Horacio Stuart Aguirre: Thank you, Mr. Chairman. Horacio Stuart Aguirre, as chairman of the Miami River Commission. Vice Chairman Russell, thank you very much. It's my privilege and pleasure to tell you that the Miami River Commission strongly supports all the work and the efforts of the Scavenger vessel. We have with us today the family that owns and operates the Scavenger vessel, Mr. Mark Mastroianni; his wife, Ms. Sophi Mastroianni; and their lovely daughter, and I'm going to ask them to stand up. This is a family-owned business. They design the boat, they build it, and they operate it themselves; very much a hands-on business. And I appreciate your taking us out of turn, because this young lady has to go home and do homework.
Chair Hardemon: She --
Commissioner Gort: (UNINTELLIGIBLE).
Chair Hardemon: -- right?
Mr. Aguirre: Yes.
Chair Hardemon: Right, that's what I thought.
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Mr. Aguirre: And she thought that by being here, she was going to get excused for homework, and no way.
Chair Hardemon: Excuses don't come very easily in the City of Miami.
Commissioner Gort: Where's Tatiana?
Mr. Aguirre: Where's Tati -- yes, the older one, that's right. All right. So I'm not going to read a long letter; I'm going to let Mr. Brett Bibeau do that, but I'm going to tell you that there's only one boat for the entire City of Miami, and they do all of the coastal lines on Bayfront Park, from Commissioner Russell's district at the south point all the way to your district, up at the northeast point; and they do all the rivers, Little River, the Miami River, and all the tributaries. It's almost seven days a week, almost 24 hours a day. I can tell you that there have been many times when important major Fortune 500 companies have held events at Vizcaya. We've called them up, and they run that boat 24 hours a day in stuff that looks awfully nasty. I'd like to introduce Mr. Brett Bibeau, managing director of Miami River Commission.
Chair Hardemon: (UNINTELLIGIBLE) --
Brett Bibeau: I know it's been a long day.
Chair Hardemon: (UNINTELLIGIBLE).
Mr. Bibeau: The Miami River Commission supports the item. Brett Bibeau, managing director of the Miami River Commission. We appreciate your continued support. Thank you, gentlemen.
Chair Hardemon: Thank you very much. Sir.
Miguel Soliman: Good evening, Commissioners, Chair. My name is Miguel Soliman, 1436 Southwest 6th Street. I just wanted to speak up on this item, because it is truly a remarkable job that they do with their boat, with their cleaning of our waterways, and I think what they are asking for is very fair. They're going to be -- what they're asking for is just to increase the hours of operation to cover that, and they've been doing this for 13 years and haven't received any increases. So I just wanted to -- I had to voice out and say, it's a wonderful thing they do. They keep our waterways clean, and they also purify the water and eliminate toxic elements of our waterways while they're doing the cleanup. I think it's just a marvelous thing. And perhaps, Commissioner Russell can be interested in a meeting and -- with these individuals are great. Thank you very much.
Chair Hardemon: Thank you very much. Yes, ma'am.
Renita Holmes: yes. For the record again, Madam Holmes, and this is one of my favorite where I say, “good.” It feels good to talk and to tell you something's going on, and then we have a follow-up conversation about it, and we look to provide an extensive outreach, education in an industry that you hardly ever see children in District 5 participate in. You hardly ever see African-American and inner-city boys do marine biology. My son with Shake A Leg. Travis is now 20 years old, but he did Shake A Leg, and now he wants to talk about being in the Marines, but when we talk about STEM (Science, Technology, Engineering and Math) and technology and innovative ways, the best thing that -- for a kid is to leave from Overtown and walk over to the river, and go on like, okay, like the manatee is over here; look at the sign. This is how you sail a boat. Maybe you might want to consider building boats, collecting toy boats. It's already began. I'll talk to you more about it. But I just wanted to thank this gentleman for at least having also the courage to talk to me, because it's difficult for us to talk. So when you live right next to a river and you're in Overtown -- and from 4th Street, you see kids dying, one every 18 hours, from
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14 to 16, and you see them walking by the river, and they don't even consider the water, and now you can say, “Look at this,” and there's a story behind this, and that he and I can have a conversation and that my little boy, Travis, Jr. -- my grandson, Travis Jr., can talk to his daughter. I say, we need to do more innovative programs like this. And thank you so much.
Chair Hardemon: You're right. Thank you very much. Is there any other person that'd like to speak on public hearing? If you want to go into re --
Commissioner Carollo: Move it.
Chair Hardemon: (UNINTELLIGIBLE). It's been properly moved --
Vice Chair Russell: Second.
Commissioner Gort: Second.
Chair Hardemon: -- and seconded that we accept this item. Any further discussion from the board members? Hearing none, all in favor?
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.3 RESOLUTION 16-00244 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Procurement RECEIVED JANUARY 25, 2016, PURSUANT TO INVITATION FOR BID NO. 568384, FROM MARANATA SCHOOL BUS SERVICE CORP. (PRIMARY), CARLOS & SUSANA SCHOOL BUS SERVICE, CORP. (SECONDARY), AND AIR B SCHOOL BUS TRANSPORTATION, INC. (TERTIARY) TO PROVIDE CATEGORY 1 SCHOOL BUS TRANSPORTATION SERVICE, AND SAFEGUARD AMERICA, INC. D/B/A AMERICASTRANSPORTATION.COM (PRIMARY) AND INTERNATIONAL LIMO OF SOUTH FLORIDA LLC (SECONDARY) TO PROVIDE CATEGORY 2 PASSENGER VAN AND BUS SERVICE, FOR THE VARIOUS CITY OF MIAMI DEPARTMENTS ON AN AS NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 16-00244 Summary Form.pdf 16-00244 Memo - Manager's Approval.pdf 16-00244 Bid Tabulation.pdf 16-00244 Corporate Detail.pdf 16-00244 Bid Responses.pdf 16-00244 Invitation for Bids.pdf 16-00244 Legislation.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0168
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Chair Hardemon: Moving on now to RE.3.
Annie Perez: Annie Perez, director of Procurement. This is a resolution accepting the bids received for -- it's basically two groups: School buses for category one; and category two, passenger vans and bus services. These are for citywide services.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded that we accept RE.3. Is there any discussion from the dais? Seeing no discussion, any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.4 RESOLUTION 16-00348 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Procurement ACCEPTING THE PROPOSALS RECEIVED NOVEMBER 2, 2015, PURSUANT TO REQUEST FOR PROPOSALS NO. 508383, FROM ABLE BUSINESS SERVICES, INC. (GROUPS 1, 2, 3, 4, AND 5) AND ROSARIO CLEANING SERVICES INC. (GROUP 6) TO PROVIDE JANITORIAL SERVICES, FOR VARIOUS CITY OF MIAMI DEPARTMENTS ON A NON-EXCLUSIVE BASIS, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED CONTRACTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. 16-00348 Summary Form.pdf 16-00348 Letter To Proposers.pdf 16-00348 Memo - Manager's Approval.pdf 16-00348 Report of Evaluation Committee.pdf 16-00348 Corporate Detail.pdf 16-00348 Bid Responses.pdf 16-00348 Request for Proposal.pdf 16-00348 Legislation.pdf 16-00348 Exhibit - Agreement.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0145
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Annie Perez: Annie Perez, director of Procurement. RE.4 is accepting the proposals received for janitorial services from Able Business Services for groups one through five, and Rosario Cleaning Services for group six.
Commissioner Carollo: Move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded to accept RE.4. Is there any discussion? Madam City Attorney or one of the Assistant City Attorneys.
Commissioner Gort: City Attorney.
Chair Hardemon: I know -- one of -- this particular item, I was concerned about the wage structure. Let's see if we can improve upon the wages for those who are working for this company. Of course, it's at the expense of this Commission. I ask that we look into, from the City Manager's Office, the living wage, and I believe the $15 an hour. I just want to know what the impact -- the budgetary impact was, one; and then, two, if we were able to make those changes to this contract, and this contract still be accepted today. And if it's not, how will we go about increasing the wages of it in the future? So, Mr. Manager, I know you were more prepared probably for this at this time.
Daniel J. Alfonso (City Manager): Okay. Well, the -- to get to the quote/unquote living wage that we have discussed, it's approximately a 25 percent increase to the cost of the contract; and if you do the $15, there's a 52 percent increase to the price of the contract.
Chair Hardemon: And the -- I know there are two different contracts: One -- well, as compared to the Kent Services, the 25 percent increase into the cost of the contract, does that bring it to the level of the cost of the Kent Services contract? You know, the Kent was a prior item. I think that Kent was about $1.5 million.
Mr. Alfonso: Oh, you mean the Kent Security? We --
Chair Hardemon: Yes, that is correct. I was trying to see is that -- the 25 percent bring it to 1.5 -- around 1.5, or was -- or does the 50 percent bring you to about what the Kent Services contract is?
Mr. Alfonso: The 25 percent gets you to -- what's the annual increase here? It's about 300,000 a year on the 25 percent, so right now the annual is 1,086,000. You would add about 300,000 to that; you're about $1.4 million.
Chair Hardemon: Okay, so 25 percent. Mr. City Attorney -- Assistant City Attorney.
Barnaby Min (Deputy City Attorney): Yes. Commissioner, this is the award of a procurement, and it would be a material change in what was procured; so from a legal standpoint, it's a material change that would not be allowed at this juncture.
Chair Hardemon: Okay. So how would we go about -- say, for instance, if we accept this contract like it is today, is there a mechanism in which we can guarantee that the people who work for them do get a living wage? Because I understand what you're trying to tell us is that, look, if this was bid at a living wage, then maybe we would have had more bidders, so that's the legal concern; and so we accept it the way that it is, is what you're saying for us to do. However, once it is accepted -- if, for instance, in the future, we say, “You know, I really believe that people who we employ to provide us service to the City of Miami deserve at least a living
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wage.” For instance, in a contract like this, are we able to apply that standard and then award these -- those extra dollars to, for instance, an organization like this?
Mr. Min: So the options that I would --
Chair Hardemon: Or organizations.
Mr. Min: -- suggest to you -- and I don't know how it would affect operations, so I, of course, defer to the Administration -- is if you want to reject this procurement and then reissue another procurement (UNINTELLIGIBLE) --
Chair Hardemon: Right. No, but that's -- yeah, that -- I don't want to belabor the Administration with the procurement, so what I -- Mr. Manager, Madam City Attorney, what I'm definitely going to suggest, I would hope -- well, there is a motion and a second. I'm going to vote to accept this like it is, but I think we can all put our heads together to find a solution that does not involve -- well, once we accept it, we accept it, and we could find another solution to add better wages to --
Mr. Min: Correct. My suggestion, if you will, if you want to accept this one, and then you want to do a second motion directing the Administration with future procurements to take into consideration the wage issue.
Commissioner Gort: (UNINTELLIGIBLE), yeah.
Chair Hardemon: I know future, but I -- also, I want to potentially affect this one. This -- I want to accept it like it is, but then come back later and say, “Hey, I think we should add more dollars to this contract; it will be the fairer thing to do for the laborers.”
Mr. Min: Unfortunately, the concern is that would be the material change to what has been procured with this specific item, so I'm hesitant to say that that's acceptable.
Chair Hardemon: Right.
Mr. Min: But as far as a directive to look at future procurements, as far as directive to potentially see where we can -- you know, I use the word “negotiate” loosely, because again, these are already agreed-to terms pursuant to the procurement process.
Chair Hardemon: And I completely understand your concern. So what I'm asking -- before we make that directive, what I'm saying is that let's put our heads together to see if there is some sort of way that we can affect this contract once it is already accepted; same way that when we have contracts and we add additional dollars to it -- for instance, the contract we just handled, that was a directive; it was an existing contract; we added to the amount of dollars that was acceptable to that contract. There has to be a way -- and I want us to look into how we add -- just the same way, we're adding to the value of this contract, but in -- we're doing it -- not in adding more hours for service, but greater salaries or wages to the people that work it.
Mr. Min: I can concede that we will view and negotiate the professional services agreement to the extent that it complies with what was procured. So if there are ways that all the parties involved would be able to come to some kind of agreement pursuant to what has already been procured, that is something that we can commit to.
Vice Chair Russell: We can add to it then in a future date --
Commissioner Gort: Yeah.
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Vice Chair Russell: -- at the agreement of the other party, as well. And as long as we're not affecting their bottom line, I don't see --
Victoria Méndez (City Attorney): And Commissioner, I --
Chair Hardemon: Much of an objection, right?
Ms. Méndez: -- did -- Chairman, I did open - an LSR (Legal Services Request) my office, based on your request, to try and see what we could come up with. We -- when we briefed on this item, we talked about certain things, a supplement or something, so we will try and --
Chair Hardemon: All right.
Ms. Méndez: -- come up with something.
Chair Hardemon: Okay, I look forward to that discussion, but I do not want to jeopardize the award that these companies have earned. Is there any further discussion about the issue?
Vice Chair Russell: Mr. Chair.
Chair Hardemon: (UNINTELLIGIBLE).
Vice Chair Russell: I'm absolutely with you. And to the point that if we cannot add later, I don't want to leave these folks behind in this effort. I think this is important, and these are people that are affected by our decisions; and just because it's complicated or tricky, or it's going to take more time, it's worth it, but if you're telling us that with -- that we will be able to work with this contractor once they're in place, that we could possibly add to their contract, give them additional funds that they could apply a proper wage, that that's possible.
Ms. Méndez: What -- I had told the Chairman that we will be creative in trying to figure out a way, whether through legislation, to see how we could either supplement this or try and figure out a way to address it. I can't give you an exact guarantee that we will totally change this, you know, and be implemented here, but we are going to find a way to implement what it is that this Commission wants with regard to the wages.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Let me ask a question: How many people respond to this RFP (Request for Proposals), more or less?
Unidentified Speaker: I think about six.
Commissioner Gort: Six. And the person that were awarded the contract because they were the lowest bidder?
Ms. Perez: This was an RF -- my apologies. This was an RFP.
Chair Hardemon: Can you state your name for the record, please, too?
Ms. Perez: Oh. Annie Perez, director of Procurement. My apologies. This was an RFP. We wanted to do an RFP because in the scenario that we're in now --
Commissioner Gort: No, no.
Ms. Perez: -- the bid --
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Commissioner Gort: No, I understand. My question is -- I'm not an attorney.
Chair Hardemon: Right. Listen to what his question is.
Commissioner Gort: I'm not an attorney, but the question is that was the lowest bid, right?
Ms. Perez: This was not -- it was an RFP, so it's based on -- it was based --
Commissioner Gort: RFP.
Ms. Perez: An RFP, yes.
Commissioner Gort: Request --
Ms. Perez: A Request for proposals. No.
Mr. Alfonso: No, it was not the lowest bid.
Commissioner Gort: Not the lowest bid.
Ms. Perez: No.
Commissioner Gort: Okay.
Mr. Alfonso: Because --
Commissioner Gort: Because if -- they were not selected, but for being the lowest bid, if we increase the contract (UNINTELLIGIBLE).
Chair Hardemon: (UNINTELLIGIBLE) arguments to say that it was --
Commissioner Gort: Okay.
Chair Hardemon: -- (UNINTELLIGIBLE) bid, correct.
Ms. Méndez: Right. That's why we cannot -- and nothing that will materially change this. It was a discussion of possible legislation, of possible grants, of possible -- some -- you know, certain things that we could do creatively that -- to address the wage, not to --
Chair Hardemon: No, we understand. (UNINTELLIGIBLE) Commissioner Gort's point was that this was not the lowest bid; therefore, it was not entirely about the bottom-line --
Ms. Méndez: Right.
Chair Hardemon: -- cost to the City, so that's less of an argument for someone who -- if they were trying to challenge this, but we will patiently -- well, no. We --
Ms. Méndez: Diligently and within the law find a solution to this.
Chair Hardemon: Yes. Vice Chairman.
Vice Chair Russell: Mr. Chairman. Thank you. What is the term of the agreement?
Mr. Alfonso: Five years.
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Vice Chair Russell: Five years. Thank you. Yeah. I mean, this is really good, and I like where we're going as a Commission. And my office is working with the City Attorney on -- we have our first draft already of a living wage legislation, and I look forward to bringing it to all of you.
Commissioner Gort: Yeah.
Chair Hardemon: Okay. Thank you very much. All in favor, indicate so by saying “aye.”
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.5 RESOLUTION 16-00134 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) Procurement AUTHORIZING THE CITY MANAGER TO EXERCISE THE FIRST ONE (1) YEAR OPTION TO RENEW REQUEST FOR PROPOSAL CONTRACT NO. 295279 FOR THE PROVISION OF SECURITY GUARD SERVICES, ON A CITYWIDE AS NEEDED CONTRACTUAL BASIS, WITH KENT SECURITY SERVICES, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND KENT SECURITY SERVICES, INC., IN SUBSTANTIALLY THE ATTACHED FORM, INCREASING THE ANNUAL CONTRACT CAPACITY BY AN ANNUAL AMOUNT NOT TO EXCEED $400,000.00, THEREBY INCREASING THE ANNUAL CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $1,050,000.00 TO AN AMOUNT NOT TO EXCEED $1,450,000.00, TO ALIGN WITH HISTORICAL USAGE AND ANTICIPATED FUTURE EXPENDITURES, AS STATED HEREIN FOR SECURITY GUARD SERVICES CITYWIDE; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 16-00134 Summary Form.pdf 16-00134 Memo - Manager's Approval.pdf 16-00134 Pre-Legislation.pdf 16-00134 Legislation.pdf 16-00134 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0169
Chair Hardemon: Moving on now to RE.5.
Annie Perez: Annie Perez, director of Procurement. RE.5 is a resolution approving the first one-year option to renew for security guard services citywide with Kent Security Guard Services.
Chair Hardemon: Is there a motion to accept?
Commissioner Suarez: So moved.
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Chair Hardemon: It's been properly moved. Is there a second?
Commissioner Gort: Second.
Chair Hardemon: And seconded by Commissioner Gort. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
RE.6 RESOLUTION 16-00351 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF RESULTS OF THE CITY OF MIAMI REFERENDUM SPECIAL ELECTION HELD ON MARCH 15, 2016. 16-00351 Memo - Official Election Results.pdf 16-00351 Legislation.pdf 16-00351 Exhibit.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0170
Todd B. Hannon (City Clerk): RE.6 is a resolution officially acknowledging the City Clerk's certification on the canvass and declaration of the results for the City of Miami referendum special election, held on March 15, 2016.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved and seconded that we accept RE.6. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.7 RESOLUTION 16-00481 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE DECLARATION OF RESULTS OF THE CITY OF MIAMI CIVIL SERVICE BOARD ELECTION HELD ON MARCH 31, 2016 AND APRIL 1, 2016.
ELECTED REPRESENTATIVE: SEAT REPRESENTED:
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Vishwani Ramlal Seat No. 1
16-00481 Memo - Official Election Results.pdf 16-00481 Legislation.pdf 16-00481 Exhibit.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0171
Todd B. Hannon (City Clerk): RE.7 is a resolution officially acknowledging the City Clerk's certification of the declaration results for the City of Miami Civil Service Board election, held on March 31, 2016 and April 1, 2016.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.8 RESOLUTION 16-00429 A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE CITY'S COMMITMENT TO THE BIG BROTHERS BIG SISTERS PROGRAM AND ENCOURAGING CITY EMPLOYEES TO PARTICIPATE IN SAID PROGRAM AS MENTORS. 16-00429 Legislation.pdf 16-00429 Back-Up Documents.pdf
SPONSORS: HONORABLE MAYOR TOMÁS REGALADO COMMISSIONER FRANCIS SUAREZ
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0157
Chair Hardemon: Mr. City Clerk, what I'm going to do right now is I'll call RE.8, so that we can address the companion item with this personal appearance. So at this time, I'm going to call RE.8. Is there anyone from the public that'd like to speak on RE.8? This is the support program, Big Brothers and Big Sisters. Seeing none, I'll close the public hearing. And is there a motion to accept?
Commissioner Carollo: Move it.
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Chair Hardemon: It's been properly moved --
Commissioner Carollo: Discussion.
Chair Hardemon: -- and seconded --
Commissioner Suarez: Second.
Chair Hardemon: -- by Commissioner Suarez. Discussion.
Commissioner Gort: I tell you, I was the --
Commissioner Carollo: Mr. Chairman?
Commissioner Gort: -- participated way back when I was a little younger, and it's a great program. I mean, the kids are really -- can learn a lot, like the kids that we have during internshipping [sic] in the City. And I think -- and it's very important for them to see the world, the business, and how to solve problems and so on.
Ms. Muniz: Thank you.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. I want to say that, you know, it's great that a program that we've had for such a long time is being revived. You know, I told you about a month ago when we met, Ms. Muniz, and also at the opening of your new location that I'm a big fan of Big Brothers, Big Sisters; especially the "Bigs in Blue." You know the importance of that, because it's not only mentoringship [sic], but at the same time, you're building trust with the community and our Police Department, so I'm a big fan of that; especially, you know, during these times that, you know, we're having difficulties in some neighborhoods with youth gun violence; but again, I'm very happy that we're going to team up once again, and I look forward to continuing to work with you and your organization.
Ms. Muniz: Thank you.
Commissioner Carollo: And by the way, you provide services all throughout the City and Dade County.
Ms. Muniz: Yes.
Chair Hardemon: Vice Chairman.
Vice Chair Russell: Thank you. Good morning, Lydia.
Ms. Muniz: Good morning.
Vice Chair Russell: I am very glad that the Commission's all onboard with this. I look forward to encouraging my office to becoming mentors. I've been a volunteer for Big Brothers, Big Sisters for about seven years now; mostly from the fundraising side. We started a small paddle-boarding event about seven years ago of standup paddle-boarding, and we were looking for the right sponsor, and the right fit, and the right location. We used to run it out of Bayfront -- out of Bayside Marketplace in the Miamarina. We since moved to the flex park, actually, and this race has raised over $25,000 a year for Big Brothers, Big Sisters. And so I'm using this opportunity right now to make a challenge to my fellow Commissioners, and to the City
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Administration to join us in this year's paddleboard race.
Commissioner Suarez: Yeah.
Vice Chair Russell: It will be on May 7, next month.
Ms. Muniz: May 7.
Commissioner Suarez: Absolutely.
Vice Chair Russell: Anyone in the public, obviously, is welcome. You don't have to have any skills in paddle-boarding. We have a recreational race; we have a competitive race that goes all the way around Virginia Key; and then we have a fun corporate challenge, and that's my challenge to you. It's on May 7.
Commissioner Suarez: What time?
Vice Chair Russell: If you go to orangebowlpaddle.com, you will find it. Orangebowlpaddle.com. And basically, all the information is there, but what we need are four-person teams. City of Miami Parks Department is already onboard; City Administration, I've already talked to; and with your $1,500 entrance fee, for a four-man team, you actually receive an inflatable paddleboard to use in the race and keep for your team. You can fight about it later. But I know there's five of us here on the Commission, so someone's going to have to be the cheerleader from the shore. But not only is this a very good fundraiser, this is a really good opportunity for us to utilize Virginia Key and the flex park in a really positive way, in a fun, outdoor sporting, fundraising event, which is something that I really like to encourage and see more of in the future. And so, yeah, that's basically my invitation to you guys; to join me on a race paddleboard team next month, and we look forward to it.
Ms. Muniz: Thank you, Commissioner Russell. Thank you all very, very much.
Chair Hardemon: Thank you very much. Is there any further discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Suarez: Congrats.
RE.9 RESOLUTION 16-00438 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT Commissioner FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S Francis Suarez ANTI-POVERTY INITIATIVE IN THE TOTAL AMOUNT OF $30,000.00 BY ALLOCATING $15,000.00 TO LINDSEY HOPKINS TECHNICAL COLLEGE AND $15,000.00 TO D.A. DORSEY TECHNICAL COLLEGE FOR TRAINING SCHOLARSHIPS FOR DISTRICT 4 RESIDENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.98000.882000.0000.00000. 16-00438 Legislation.pdf
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Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0172
Chair Hardemon: RE.9.
Commissioner Carollo: Commissioner Suarez.
Commissioner Suarez: Sorry. RE.9 is an allocation from the poverty initiative. It's a grant to the Miami-Dade County Public School System: $15,000 to the Lindsay Hopkins Technical College, and 15,000 to the D.A. Dorsey Technical College.
Commissioner Carollo: Move it.
Commissioner Suarez: Second. Thank you. As I -- I'll just make a very quick, one paragraph thing, and just -- you know, I just want to put for the record, you know, I believe that the construction industry is one of the major suppliers of jobs, particularly those of publicly subsidized projects; and I continue to use a portion of these funds to leverage our resources and train people for those kind of jobs, hoping to partially alleviate poverty. Thank you.
Chair Hardemon: Thank you very much. Seeing no further discussion of this item; it's been properly moved and seconded, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.10 RESOLUTION 16-00452 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), APPROVING THE FIRST OPTION TO RENEW TO SFM SERVICES, INC. FOR A ONE (1) YEAR PERIOD FOR FISCAL YEAR 2016-2017 IN AN ANNUAL AMOUNT NOT TO EXCEED $318,668.00 FOR THE PROJECT ENTITLED "DR. MARTIN LUTHER KING, JR. BOULEVARD AND TRAFFIC CIRCLES LANDSCAPING CONTRACTS, M-0109"; ALLOCATING FUNDS FOR THE FIRST YEAR OPTION TO RENEW FROM ACCOUNT NO. 20-650003 (SPECIAL REVENUE). 16-00452 Summary Form.pdf 16-00452 Legislation.pdf 16-00452 Exhibit.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0173
Chair Hardemon: RE.10.
Eduardo Santamaria: Good evening, Commissioners. Ed Santamaria, director of Public Works. RE.10 is a resolution approving the first option to renew SFM Services, Inc. for a one-year
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period, in an annual amount not to exceed $318,668, for the project entitled "Dr. Martin Luther King, Jr. (MLK) and Traffic Circles Maintenance, M-0109.
Chair Hardemon: The Chair would invite a motion to approve.
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Suarez: It's a good one. That was a good one, by the way, really good one.
END OF RESOLUTIONS
BOARDS AND COMMITTEES
BC.1 RESOLUTION 16-00470 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
16-00470 Arts CCMemo.pdf 16-00470 Arts Current_Board_Members.pdf NO ACTION TAKEN
BC.2 RESOLUTION 16-00261 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
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16-00261 Audit CCMemo.pdf 16-00261 Audit Current_Board_Members.pdf NO ACTION TAKEN
BC.3 RESOLUTION 16-00471 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Ralph Duharte Commissioner Wifredo (Willy) Gort
16-00471 Bayfront CCMemo.pdf 16-00471 Bayfront Current_Board_Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0175
A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; 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 Ralph Duharte as a member of the Bayfront Park Management Trust.
Chair Hardemon: Boards.
Nicole N. Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. BC.3, Bayfront Park Management Trust: Commissioner Gort will be reappointing Ralph Duarte, with a 5-5 term waiver.
Commissioner Carollo: Move it.
Commissioner Suarez: Second.
Chair Hardemon: Properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.4 RESOLUTION 16-00263
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Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CHARTER REVIEW AND REFORM COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Martin Margulies Vice Chair Ken Russell
Justin Wales Vice Chair Ken Russell
16-00263 Charter Review CCMemo.pdf 16-00263 Charter Review Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0176
Nicole N. Ewan (Assistant City Clerk): BC.4, Charter Review & Reform Committee: Vice Chair Russell will be appointing Martin Margulies and Justin Wales.
Commissioner Suarez: Move it.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Commissioner Suarez: Can we (UNINTELLIGIBLE)?
Chair Hardemon: Martin -- Margulies is a tough one. He --
Commissioner Suarez: Vote your conscience.
Chair Hardemon: I know, right. Any discussion? All in favor, indicate so by saying “aye.”
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Commissioner Carollo: Mr. Chairman, if I will, real quick. I see that I have an appointment. I've made two of my appointments. Does this mean that it's been a year, and I have to reappoint?
Ms. Ewan: That is correct.
Commissioner Carollo: Who's my appointment for --?
Ms. Ewan: Jose Bejel.
Commissioner Carollo: Are you sure? Because I --
Ms. Ewan: Yes.
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Commissioner Carollo: Because I appointed Mr. Tucker Gibbs before Jose Bejel, and I haven't had to reappoint Mr. Tucker Gibbs.
Ms. Ewan: One second, Commissioner.
Commissioner Carollo: Mr. Bejel took the place of Mr. George Knox.
Ms. Ewan: Chair, Member Gibbs was reappointed in October of 2015.
Commissioner Carollo: Okay. I reappoint Mr. Bejel.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, motion passes. I'm sorry; all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. Same thing.
(BC.4) RESOLUTION 16-00263a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jose Bejel Commissioner Frank Carollo
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0177
BC.5 RESOLUTION 16-00264 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Wifredo (Willy) Gort
Commissioner Frank Carollo
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16-00264 Beautification CCMemo.pdf 16-00264 Beautification Current_Board_Members.pdf NO ACTION TAKEN
BC.6 RESOLUTION 16-00472 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Michael Dames Commission-At-Large
Lillie Harris Commission-At-Large
Troy Sutton Commission-At-Large
16-00472 Civil Service CCMemo.pdf 16-00472 Civil Service Current_Board_Members.pdf 16-00472 Civil Service Exec Sec Memo.pdf 16-00472 Civil Service Resume.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0178
Nicole N. Ewan (Assistant City Clerk): BC.6, Civil Service Board. There are three Commission at large seats. Four individuals are being proffered for consideration and discussion: William Riley, Jr., Michael Dames, Lillie Harris, and Troy Sutton.
Commissioner Suarez: I'd like to nominate Michael Dames.
Commissioner Gort: I'd like to nominate William Riley.
Commissioner Carollo: And I'd like to nominate William Riley.
Chair Hardemon: Well --
Commissioner Suarez: No, wait. Wait a second. Let me -- I spoke to William Riley, and he -- I was going to nominate him to another board, so he's willing to forego serving on the Civil Service Board.
Chair Hardemon: If that's the case --
Commissioner Suarez: Right.
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Chair Hardemon: -- because I would love to have Lillian [sic] Harris nominated.
Commissioner Suarez: That's fine.
Chair Hardemon: So if --
Commissioner Carollo: So who -- hold on, but who --
Commissioner Suarez: I think --
Commissioner Carollo: If you look at William Riley --
Commissioner Suarez: I was going to nominate Mike Dames, Troy Sutton, and then you were going to -- you just nominated -- what? Lillian [sic] --?
Chair Hardemon: Yeah, Lillian [sic] Harris.
Commissioner Suarez: And I --
Commissioner Gort: Mike Dames.
Commissioner Suarez: You're good with that?
Commissioner Gort: Mike Dames, you nominate him?
Commissioner Suarez: Sorry?
Commissioner Gort: Who you nominating?
Commissioner Suarez: I was going to nominate Troy Sutton and Mike Dames, exactly.
Commissioner Gort: Okay.
Commissioner Suarez: And then you were going to nominate Lillian [sic] --
Chair Hardemon: Harris.
Commissioner Suarez: Right. And I told -- I talked to Bill, and he was okay with -- I'm going to name him on my seat to the Waterfront Advisory Board. He wants to serve on that board.
Chair Hardemon: So he wants to leave this board?
Commissioner Suarez: Correct. He's -- yeah.
Commissioner Carollo: That's not what -- I mean, I spoke to him today, and that's not what he had told me, so.
Commissioner Suarez: I spoke to him yesterday, and then I spoke to him today -- later today, like recently, and he's okay with that. Like as recent as -- I'll tell you right now -- 7:17. It's 8:37; I spoke to him at 7:17, so.
Commissioner Carollo: I'll yield then, but --
Commissioner Suarez: I'm going to put him on the Waterfront Advisory Board; don't worry about it. I've already talked to him about it, so he's good with that.
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Commissioner Carollo: Okay.
Chair Hardemon: So to clarify, the motion on the floor is the appointment of Lillian [sic] Harris, Mike Dames, and Troy Sutton.
Commissioner Suarez: Correct.
Chair Hardemon: Is there a second?
Commissioner Gort: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.7 RESOLUTION 14-00967 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk 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
14-00967 CIP CCMemo.pdf 14-00967 CIP Current_Board_Members.pdf 14-00967 CIP Memo and Resumes.pdf NO ACTION TAKEN
BC.8 RESOLUTION 16-00473 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Charles McEwan Commission-At-Large
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16-00473 CEB CCMemo.pdf 16-00473 CEB Current_Board_Members.pdf
Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0179
A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Charles McEwan 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 Charles McEwan as a member of the Code Enforcement Board.
Nicole N. Ewan (Assistant City Clerk): BC.8, Code Enforcement Board: Commissioner Suarez will be reappointing Eduardo Moralejo; Commissioner Gort will be reappointing Charles McEwan, who requires a 5-5 term waiver.
Commissioner Suarez: I'm going to continue it in light of the board discussion. I'm going to continue mine. I'm not going to make the reappointment right now.
Ms. Ewan: Okay.
Commissioner Suarez: I'm going to just continue it in light of the board discussion.
Commissioner Gort: I'll move mine.
Commissioner Suarez: Second.
Commissioner Carollo: I'm sorry; who -- can -- who was the nominee?
Ms. Ewan: Yes. Commissioner Gort will be reappointing Charles McEwan, who requires a 5-5 term waiver.
Chair Hardemon: It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.9 RESOLUTION 16-00265 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomás Regalado
Chair Keon Hardemon
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Chair Keon Hardemon
Vice Chair Ken Russell
16-00265 CRB CCMemo.pdf 16-00265 CRB Current_Board_Members.pdf 16-00265 CRB Memos and Resumes.pdf DISCUSSED
Nicole N. Ewan (Assistant City Clerk): BC.9, Community Relations Board: Mayor Regalado will be reappointing Lyse Cuellar-Vidal. She requires a four-fifths attendance waiver.
Commissioner Suarez: You want to make the motion, Vice Chair?
Chair Hardemon: Well, the law is not in yet, so.
Vice Chair Russell: It's not, is it?
Victoria Méndez (City Attorney): Right, it's not yet.
Vice Chair Russell: And do we have a history on this particular case in terms of absence waivers?
Ms. Ewan: Yes, Vice Chair. She has four consecutive absences in 2015.
Vice Chair Russell: And has there been a absence waiver given to this person in the past?
Ms. Ewan: Yes, Vice Chair. She was given an attendance waiver in July of 2015. That was the latest.
Chair Hardemon: She certainly will be on notice after your --
Vice Chair Russell: I'm sorry?
Chair Hardemon: She will certainly be on notice after your ordinance passes --
Commissioner Suarez: Yeah, and I think --
Chair Hardemon: -- (UNINTELLIGIBLE).
Commissioner Suarez: -- you know, we had, I think, also deferred it partially so we could get a report, so I think maybe you want to talk to the Mayor about things -- you know, his appointments so he can make his appointments as well. We can continue it. We don't have to do it right now. We can continue it.
Vice Chair Russell: We could, yeah. I'd like to talk to him about it.
Commissioner Suarez: Let's continue it.
Chair Hardemon: All right.
Commissioner Suarez: Thank you.
Chair Hardemon: Without objection, it's continued.
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BC.10 RESOLUTION 16-00266 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Mayor Tomás Regalado
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
Commissioner Francis Suarez
16-00266 CSW CCMemo.pdf 16-00266 CSW Current_Board_Members.pdf NO ACTION TAKEN
Note for the Record: BC.10 discussed and no action taken.
Nicole N. Ewan (Assistant City Clerk): BC.10, Commission on the Status of Women: Mayor Regalado will be reappointing Allyson Warren; she requires a 5-5 term waiver. Commissioner Suarez will be appointing -- reappointing Connie Johnson, and also reappointing Lyse Cuellar-Vidal, who requires a 5-5 term waiver.
Commissioner Suarez: Move it.
Chair Hardemon: Been properly moved. Is there a second?
Commissioner Carollo: Second.
Commissioner Suarez: Well, what are we --? Why -- oh, because it's the same thing with the term, "term waiver"?
Chair Hardemon: No. The other one was a absence; this is a term.
Commissioner Suarez: So is --
Vice Chair Russell: Gentlemen, my goal on the term limit waiver ordinance that I'm bring -- that I will be bringing -- that I brought and will be bringing again --
Commissioner Suarez: Why don't we continue the one that's a term limit? I'll reappoint mine, which I don't think has a term limit issue.
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Chair Hardemon: Yeah, both of them are -- I think both of them are term limit issues, correct?
Commissioner Suarez: No, no.
Ms. Ewan: Yes. The one by the Mayor is Ms. Allyson Warren; she requires a 5-5 term waiver; and then Lyse Cuellar-Vidal, by Commissioner Suarez, requires a 5-5 term waiver.
Commissioner Suarez: Okay. You want to continue them?
Vice Chair Russell: That'd be great.
Commissioner Suarez: Okay.
Chair Hardemon: Without objection, it's continued.
BC.11 RESOLUTION 15-00291 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Marta Zayas Mayor Tomás Regalado
15-00291 EAB CCMemo.pdf 15-00291 EAB Current_Board_Members.pdf 15-00291 EAB Resume.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0180
Nicole N. Ewan (Assistant City Clerk): BC.11, Education Advisory Board: Mayor Regalado will be reappointing Marta Zayas.
Chair Hardemon: Is there a motion?
Commissioner Suarez: Moved.
Chair Hardemon: It's been properly moved --
Commissioner Carollo: Second.
Chair Hardemon: -- and seconded. Any further discussion? Hearing none, motion passes.
The Commission (Collectively): Aye.
BC.12 RESOLUTION
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16-00474 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Keon Hardemon
Chair Keon Hardemon
Vice Chair Ken Russell
Vice Chair Ken Russell
Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
IAFF
FOP
16-00474 EOAB CCMemo.pdf 16-00474 EOAB Current_Board_Members.pdf NO ACTION TAKEN
BC.13 RESOLUTION 16-00475 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Elsa Pelaez-Lopez Commissioner Francis Suarez
16-00475 Finance CCMemo.pdf 16-00475 Finance Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0181
Nicole N. Ewan (Assistant City Clerk): BC.13, Finance Committee: Mayor Regalado will be reappointing Eli Feinberg; he inquires a 5-5 term waiver. And Commissioner Suarez will be reappointing Elsa Pelaez-Lopez.
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Commissioner Suarez: Mine does not require a waiver?
Ms. Ewan: No, she does not.
Commissioner Suarez: Okay, I'll move mine, and we'll continue the other one.
Vice Chair Russell: Thank you.
Chair Hardemon: It's been properly moved and seconded. Is there any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. Feinberg is pretty -- oh, and in regards to Feinberg, without objection, that will be continued to the next --
Ms. Ewan: That is correct.
Chair Hardemon: -- meeting.
BC.14 RESOLUTION 16-00476 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE/CATEGORY: NOMINATED BY:
Jordan Trachtenberg (Architect or Architectural Historian - Commissioner Wifredo (Willy) Gort Category 4)
16-00476 HEP CCMemo.pdf 16-00476 HEPB Current_Board_Members.pdf 16-00476 HEP Applications.pdf 16-00476 HEP Application Summary.pdf
Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0182
A motion was made by Commissioner Suarez, seconded by Chair Hardemon, and was passed unanimously, to change the Historic and Environmental Preservation Board (HEP) category designation for Mr. Todd Tragash from "Category 4 to Category 1".
Nicole N. Ewan (Assistant City Clerk): BC.14, Historic & Environmental Preservation Board: Chair and Commissioners, I do need a motion to change the designation of Todd Tragash from Category 4 to Category 1.
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Commissioner Suarez: So moved.
Chair Hardemon: Seconded by the Chair. It's been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Ewan: And Commissioner Gort will be reappointing Jordan Trachtenberg.
Commissioner Gort: It's not here.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved and seconded by the -- by Commissioner Gort. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.15 RESOLUTION 16-00268 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Vice Chair Ken Russell
16-00268 MIC CCMemo.pdf 16-00268 MIC Current_Board_Members.pdf NO ACTION TAKEN
BC.16 RESOLUTION 16-00477 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort
16-00477 MSEA CCMemo.pdf 16-00477 MSEA Current_Board_Members.pdf
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Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0183
Nicole N. Ewan (Assistant City Clerk): BC.16, Miami Sports & Exhibition Authority: Commissioner Gort will be reappointing himself to the board.
Commissioner Suarez: Move it.
Chair Hardemon: Properly moved and seconded by the -- by Commissioner Gort. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.17 RESOLUTION 16-00269 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Peter Schuetz Commissioner Francis Suarez
16-00269 PRAB CCMemo.pdf 16-00269 PRAB Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0184
Nicole N. Ewan (Assistant City Clerk): BC.17, Parks & Recreation Advisory Board: Commissioner Suarez will be reappointing Peter Schuetz.
Commissioner Suarez: Move it.
Chair Hardemon: It's been properly moved.
Commissioner Carollo: Second.
Chair Hardemon: Seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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BC.18 RESOLUTION 16-00270 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Maria Lievano-Cruz Commissioner Frank Carollo
16-00270 PZAB CCMemo.pdf 16-00270 PZAB Current_Board_Members.pdf 16-00270 PZAB Application.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0185
A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Maria Lievano-Cruz as a member of the Planning, Zoning and Appeals Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Maria Lievano-Cruz as a member of the Planning, Zoning and Appeals Board.
Nicole N. Ewan (Assistant City Clerk): BC.18, Planning Zoning & Appeal Boards [sic]: Commissioner Carollo will be reappointing for an attendance waiver, Maria Lievano-Cruz.
Commissioner Carollo: Move it.
Commissioner Suarez: Seconded.
Chair Hardemon: Been properly moved and seconded. All in favor -- well, yeah. All in favor, indicated so by saying “aye.”
The Commission (Collectively): Aye.
Chair Hardemon: All against? Motion passes.
BC.19 RESOLUTION 16-00478 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE SEA LEVEL RISE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Jose Regalado Commissioner Wifredo (Willy) Gort
Wayne Pathman Commissioner Frank Carollo
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Reinaldo Borges Commissioner Francis Suarez
Pete Gomez City Manager Daniel J. Alfonso
16-00478 Sea Level Rise CCMemo.pdf 16-00478 Sea Level Rise Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0186
Nicole N. Ewan (Assistant City Clerk): Sea Level Rise Committee: Commissioner Gort will be reappointing Jose Regalado; Commissioner Suarez will be reappointing Reinaldo Borges, and City Manager Alfonso will be reappointing Pete Gomez.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Carollo: Second. Discussion.
Chair Hardemon: Discussion.
Commissioner Carollo: I would like to reappoint --
Ms. Ewan: Wayne Pathman?
Commissioner Carollo: Yes.
Chair Hardemon: So that's the amendment to the motion on the floor?
Commissioner Carollo: Yes.
Commissioner Suarez: Yes, yes.
Chair Hardemon: Or modification?
Commissioner Suarez: Yes.
Commissioner Carollo: Yes.
Chair Hardemon: All right. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Ewan: Senior --
Chair Hardemon: Motion passes.
BC.20 RESOLUTION
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16-00083 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Antonio Gonzalez-Sanchez Commissioner Francis Suarez
16-00083 Senior Citizens Committee CCMemo.pdf 16-00083 Senior Citizens Committee Current_Board_Members.pdf 16-00083 Senior Citizens Committee Resume.pdf
Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0187
Nicole N. Ewan (Assistant City Clerk): BC.20, Senior Citizens Advisory Board: Commissioner Suarez will be appointing Antonio Gonzalez-Sanchez.
Commissioner Carollo: Move it.
Chair Hardemon: It's been properly moved --
Commissioner Suarez: Second.
Chair Hardemon: -- and seconded by Commissioner Suarez. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.21 RESOLUTION 16-00271 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) 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
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Commissioner Frank Carollo
Commissioner Frank Carollo
Commissioner Francis Suarez
16-00271 UDRB CCMemo.pdf 16-00271 UDRB Current_Board_Members.pdf NO ACTION TAKEN
BC.22 RESOLUTION 16-00479 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND Clerk CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Esther Alonso-Luft Vice Chair Ken Russell
T. Spencer Crowley Commission-At-Large
Vinson Richter Dade Heritage Trust
Guy Forchion Historic Virginia Key Beach Park Trust
Joe Rasco MDC Commissioner for District 7
Lynn Lewis National Trust for Historic Preservation
Blanca Mesa Sierra Club
Gary Milano Tropical Audubon Society
Dr. Gregory Bush Urban Environment League of Greater Miami
16-00479 VKAB CCMemo.pdf 16-00479 VKAB Current_Board_Members.pdf 16-00479 VKAB Letters and Resumes.pdf
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0188
Nicole N. Ewan (Assistant City Clerk): BC.22, Virginia Key Advisory Board: Vice Chair Russell will be appointing to the Commission-at-large seat Esther Alonso-Luft. She requires a four-fifth conflict of interest waiver. Commissioner -- Vice Chair Russell will also be appointing T. Spencer Crowley. And there are confirmations by the outside agencies: Dade Heritage Trust
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will be appointing Vinson Richter; Historic Virginia Key Beach Park Trust will be appointing Guy Forchion; Miami-Dade Commissioner for District 7 will be appointing Joe Rasco; National Trust for Historic Preservation will be appointing Lynn Lewis; Sierra Club will be appointing Blanca Mesa; Tropical Audubon Society will be appointing Gary Milano; Urban Environmental League of Greater Miami will be appointing Dr. Gregory Bush.
Commissioner Suarez: All right.
Vice Chair Russell: Move it with discussion.
Commissioner Suarez: I'm pumped. Second.
Chair Hardemon: Been properly moved and seconded.
Commissioner Suarez: For discussion.
Chair Hardemon: Any further discussion?
Vice Chair Russell: Yes.
Chair Hardemon: You're recognized.
Vice Chair Russell: Actually, mine is flipped. I believe that my at-large appointment, I want it to be Spencer Crowley; and my district appointment, I want it to be Esther.
Ms. Ewan: So noted, Chair -- Vice Chair.
Vice Chair Russell: And the waiver is because Esther is a concessionaire on the -- on Virginia Key.
Commissioner Suarez: She's the one that came.
Vice Chair Russell: She spoke to us here --
Commissioner Suarez: Oh, yeah, yeah. She's great.
Vice Chair Russell: -- before, and she's very engaged, but I --
Commissioner Suarez: Yeah.
Vice Chair Russell: -- do want to -- I want the voice of business on the island to be represented --
Commissioner Suarez: I understand.
Vice Chair Russell: -- so they can have those fights early and bring to us a well rounded --
Commissioner Suarez: I'm not even sure she has a conflict, but she may, I guess, and so that's fine. Yeah, that makes sense.
Vice Chair Russell: Thank you.
Commissioner Suarez: And --
Victoria Méndez (City Attorney): And maybe what can be done is that she can request a --
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Commissioner Suarez: No. We're waiving any potential conflict that she may have, right? That's what the whole -- with a conflict waiver. That's what the purpose of a conflict waiver is.
Ms. Méndez: Well, I'm just talking about her potential conflict as a concessionaire and --
Commissioner Suarez: Are there --
Ms. Méndez: -- any decisions that she makes that could inure to her personal interest, so she may need to just --
Vice Chair Russell: Have her recuse herself, as necessary.
Commissioner Suarez: Right.
Ms. Méndez: Right.
Vice Chair Russell: That type of thing.
Ms. Méndez: Okay. Now, the rest -- what waiver --I'm sorry; what other waiver, which was the --
Ms. Ewan: That was the only waiver, the four-fifth conflict of interest waiver.
Commissioner Suarez: Right.
Vice Chair Russell: And then the at-large appointment is for all of us to decide, but I'm proffering Steven [sic] Crowley, who's --
Commissioner Suarez: No. I --
Vice Chair Russell: -- a member of --
Commissioner Suarez: Spencer Crowley. Yeah, I think that's great.
Vice Chair Russell: I'm sorry; Spencer Crowley.
Commissioner Suarez: Yeah, yeah, yeah, I know. I think that's an awesome -- look, I'm just happy that we're constituted finally, you know what --? That was the big issue for me, so -- and then we can get to work. So, Mr. Manager, I hope that -- you know, I think they're planning on doing a meeting at the end of this month, so that's great news, and thank you for proffering those names. I move it -- or I second, I guess, right?
Vice Chair Russell: We already moved.
Chair Hardemon: Been already moved and seconded.
Ms. Ewan: Okay.
Ms. Méndez: Okay.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
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BC.23 RESOLUTION 15-01686 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Richard Townsend Commissioner Francis Suarez
15-01686 VKBPT CCMemo.pdf 15-01686 VKBPT Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0189
Nicole N. Ewan (Assistant City Clerk): BC.23, Virginia Key Beach Park Trust: Commissioner Suarez will be reappointing Richard Townsend.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
BC.24 RESOLUTION 16-00480 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
William W. Riley, Jr. Commissioner Francis Suarez
16-00480 WAB CCMemo.pdf 16-00480 WAB Current_Board_Members.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
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R-16-0190
Nicole N. Ewan (Assistant City Clerk): BC.24, Waterfront Advisory Board: Commissioner Suarez will be appointing William Riley, Jr.
Commissioner Suarez: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Been properly moved and seconded. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Ewan: Thank you, Chair and Commissioners.
Chair Hardemon: That was a long one.
END OF BOARDS AND COMMITTEES
DISCUSSION ITEMS
3:00 P.M. TIME CERTAIN
DI.1 DISCUSSION ITEM 16-00093 Department of NET PRESENTATION BY NEIGHBORHOOD ENHANCEMENT TEAM (NET) Administration ADMINISTRATION. CONTINUED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), continued Item DI.1 to the May 12, 2016 Regular Commission Meeting.
Chair Hardemon: Before we move on to FR.1, the City Manager expressed his desire to continue item DI.1 to the 5/12/2016 meeting. If there's no objection, we will move that at this time. So it'll be moved to 5/12/2016, DI.1. Moving on now to FR.1.
Commissioner Suarez: What was that one that we -- what did we move?
Chair Hardemon: We moved --
Commissioner Carollo: DI.1.
Chair Hardemon: -- DI.1.
Daniel J. Alfonso (City Manager): The NET (Neighborhood Enhancement Team) presentation, Commissioners, we don't have to have it today.
Commissioner Suarez: Okay.
Mr. Alfonso: As a matter of fact, any item that I have on “discussion,” we can move to a future
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meeting.
Commissioner Suarez: Understood.
Victoria Méndez (City Attorney): Commissioner Russell, this one's --
Vice Chair Russell: Thank you.
Chair Hardemon: Yes.
Vice Chair Russell: If I may, Mr. Chair?
Commissioner Suarez: Is that 1 and 2? Because 2 is the NET (Neighborhood Enhancement Team) boundaries.
Mr. Alfonso: But that is not mine, sir; that is Commissioner Carollo's.
Commissioner Suarez: Oh, okay, got it. Okay.
DI.2 DISCUSSION ITEM 16-00448 District 3- DISCUSSION REGARDING NET OFFICE BOUNDARIES. Commissioner Frank Carollo 16-00448 E-Mail - Discussion Item.pdf 16-00448 NET Current Boundaries (04-18-16).pdf DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.2 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.3 DISCUSSION ITEM 16-00331 Department of DISCUSSION REGARDING THE OPTIONS AVAILABLE FOR AN ADVANCED Information INTERNET INFRASTRUCTURE WITHIN THE CITY OF MIAMI BY USING Technology FIBER-OPTIC CAPABILITIES.
16-00331 - Backup Document.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.3 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.4 DISCUSSION ITEM 16-00410 City Manager's Office DISCUSSION REGARDING 2015-2016 LEGISLATIVE REPORT. 16-00410 E-Mail - Discussion Item.pdf
DISCUSSED
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Note for the Record: Please see item PA.2 for minutes related to item DI.4
DI.5 DISCUSSION ITEM 16-00388 City Commission DISCUSSION REGARDING PROPOSED CHANGES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) ORDINANCE. 16-00388 Back-Up from Law Dept.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.5 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.6 DISCUSSION ITEM 16-00307 District 3- DISCUSSION REGARDING ISSUING THE SEPTEMBER 30, 2015 Commissioner Frank FINANCIAL STATEMENTS ON TIME. Carollo 16-00307 E-Mail - Discussion Item.pdf
WITHDRAWN
Note for the Record: Commissioner Carollo withdrew Item DI.6 from the agenda.
DI.7 DISCUSSION ITEM 16-00245 District 4- DISCUSSION REGARDING INCLUSION AND/OR IMPLEMENTATION OF Commissioner GREEN SPACE IN WATSON ISLAND MASTER PLAN. Francis Suarez
16-00245 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.7 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.8 DISCUSSION ITEM 16-00246 District 4- DISCUSSION REGARDING STATUS OF VIRGINIA KEY STEERING Commissioner COMMITTEE AND ITS FIRST MEETING. Francis Suarez 16-00246 E-Mail - Discussion Item 04-14-16.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.8 to the April 28, 2016 Planning and Zoning Commission Meeting.
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DI.9 DISCUSSION ITEM 16-00304 District 4- DISCUSSION REGARDING UPDATE ON MINDS AND MACHINES CITY OF Commissioner MIAMI REVENUE. Francis Suarez 16-00304 E-Mail - Discussion Item.pdf 16-00304 Back-Up Document.pdf DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.9 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.10 DISCUSSION ITEM 16-00330 District 4- STATUS REPORT REGARDING COSTS ASSOCIATED WITH TROLLEY Commissioner SERVICE EXPANSION. Francis Suarez 16-00330 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.10 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.11 DISCUSSION ITEM 16-00338 District 4- PRESENTATION BY THE POLICE DEPARTMENT REGARDING AN UPDATE Commissioner ON SHOTSPOTTER. Francis Suarez 16-00338 E-Mail - Discussion Item.pdf 16-00338-Submittal-Chief Llanes-ShotSpotter PowerPoint Presentiation.pdf DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.11 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.12 DISCUSSION ITEM 16-00411 District 4- DISCUSSION REGARDING INCREASE OF RECYCLING PICK-UP. Commissioner Francis Suarez 16-00411 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.12 to the April 28, 2016 Planning and Zoning Commission Meeting.
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DI.13 DISCUSSION ITEM 16-00237 District 2 - DISCUSSION REGARDING STATE OF CONTAMINATED CITY PARKS. Commissioner Ken Russell 16-00237 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.13 to the April 28, 2016 Planning and Zoning Commission Meeting.
DI.14 DISCUSSION ITEM 16-00316 District 2 - TO BE WITHDRAWN Commissioner Ken Russell DISCUSSION REGARDING REDUCING SPEED LIMITS CITY-WIDE. 16-00316 E-Mail - Discussion Item.pdf
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
DI.15 DISCUSSION ITEM 16-00486 District 1 - DISCUSSION REGARDING CAFETERIA CHECKS. Commissioner Wifredo (Willy) Gort 16-00486 E-Mail - Discussion Item.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item DI.15 to the April 28, 2016 Planning and Zoning Commission Meeting.
END OF DISCUSSION ITEMS
MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
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END OF DISTRICT 1 DISTRICT 2
VICE CHAIR KEN RUSSELL
D2.1 DISCUSSION ITEM 16-00488 District 2 - DISCUSSION REGARDING CAPITAL IMPROVEMENTS PROJECT Commissioner Ken "BRICKELL AVENUE IMPROVEMENTS, PROJECT B-30874". Russell 16-00488 E-Mail.pdf
DEFERRED
Note for the Record: The City Commission, via unanimous consent of the members present on the dais (present: Hardemon, Russell, Gort, Carollo, Suarez), deferred Item D2.1 to the April 28, 2016 Planning and Zoning Commission Meeting.
END OF DISTRICT 2 DISTRICT 3
COMMISSIONER FRANK CAROLLO
END OF DISTRICT 3 DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4 DISTRICT 5
CHAIR KEON HARDEMON
END OF DISTRICT 5
NON-AGENDA ITEM(S)
NA.1 DISCUSSION ITEM 16-00551 DISCUSSION BY CHAIR HARDEMON REGARDING THE TERMINATION OF CITY OF MIAMI EMPLOYEE SANDY DORSAINVIL, MANAGER OF THE LITTLE HAITI CULTURAL CENTER.
16-00551-Video Presentation-Michelle McKoy-It's So Miami Little Haiti Sandy Dorsainvil.pdf
DISCUSSED
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Chair Hardemon: Now, we're going to get back to our agenda.
Leroy Jones: Commissioner.
Chair Hardemon: You're recognized, sir.
Mr. Jones: Thank you. Leroy Jones, representing Neighbors and Neighbors Association, and the Circle of Brotherhood. I just want it to be known that the African-American community is here; some people from the African-American community is here in support of Ms. Sandy. Let's don't shy away from the fact of why we're here. We need Ms. Sandy to be reinstated. We need this lady credibility to be restored back again. I can tell you, from running a non-profit, not blocks away from where she worked, she was constantly on top of me, making sure that the residents and the business owners in that area can get services. I can tell you that, you know? And so let's don't shy away that, and as we moving to move this under Parks, okay? Don't forget, resources got to come. You can say you love people, and you can say you support the programs, but if you don't put the dollars there, then it ain't going to make a difference. You're going to be back here again in the same situation. So we here in support of Ms. Sandy. We want her to be reinstated. And you going to move it under Parks? Make sure the resources is there. Thank you.
Chair Hardemon: You're recognized, sir.
Umi Selah: My name is Umi Selah, 280 Northwest 46th Street. I, too, am here to speak in favor of the reinstatement of Ms. Sandy to her previous post at the Little Haiti Cultural Center. For those of you that know me -- it may be a few of you -- it is no secret that I'm not a native of Miami. I'm a native of Chicago, Illinois. And I won't speak in long platitudes, but quite frankly, it wasn't South Beach that drove me to Miami. It wasn't Bal Harbour that made me stay in Miami; it was a neighborhood that I heard about as a student at Florida A&M University as a neighborhood to not go to; as a neighborhood to be afraid of. It was a neighborhood that, after living in Biscayne Park and Miami Lakes, was the first place once I moved there that I felt like Miami was home, and that place was Little Haiti. Little Haiti is a place that I've lived for over a year, and I love that place. Why am I speaking about this? The Visitors Bureau came and spoke earlier today in this meeting about the rich cultural history that his Bureau was seeking to preserve in the City of Miami, from Little Havana to the Beach to North Miami, and even mentioned Little Haiti. And we are in the midst of a time where this firing is not just the firing of one person over one organization. We have to contextualize this here. We are in a time where developers, through nefarious means, are seeking to take an entire neighborhood from the people who have lived there; from the people who sought refuge from an island, and found a home, and made a way in this City. Developers are seeking to take it over, and so this isn't just a matter of a firing. And we do demand the reinstatement of this person, so that she can restore her reputation, and her livelihood, and restore the institution that she has led, but we also -- we also are here to defend a place in this City that is being taken away, block by block, building by building, by the day. This firing is not just an incident; it is a part of a long pattern that people will not stand for. I'd like to say we demand the reinstatement; demand the reinstatement of this woman to her position, because the Haitian people are a proud people, and they will not go quietly into the night and watch as their people are taken, as their neighborhood is taken. And so, we say this with an abundance of love that residents of Little Haiti will not stand idly by as their neighborhood is taken, and if this does not happen, if this does not happen, if this does not happen, there will be heaven to pay. Thank you.
Natalie Cadet-James: Esteemed Commissioners, Mr. Mayor, Mr. City Manager, my name is Natalie Cadet-James. I am also a proud Haitian-American; a long-time resident of the City of Miami; not more than five minutes away from the Little Haiti Cultural Center. I'm a former County attorney; former director of Friends of New World Symphony, where I helped raise $800,000 for that institution; and now, I run my own company. I know what an excellent
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community leader looks like, and Ms. Sandy Dorsainvil is just that. I'm in complete shock, complete dismay of her recent unexplained termination. My two daughters, ages six and eight, also young Haitian-Americans, the future of our community, have flourished, regularly attending cultural activities that Sandy Dorsainvil has curated the past three years; as has countless others' children and adults in our community. Ms. Dorsainvil is a pillar of Little Haiti community. She has done outstanding work at the cultural complex. The center has received national recognition in Vogue, in the major newspapers. We talked about the New York Times. I read things about the Little Haiti Cultural Center in even the Economist. And I am very aware, and I care very much about the process and what is happening in Miami. I am requesting that she immediately be reinstated, and I thank you for the opportunity to be heard.
Suze Guillaume: Thank you, Commissioners. Ma'am, thank you. Thank you, everyone, for being here. My name is Suze Guillaume, born in Overtown; raised in Little Haiti. I was that little girl that didn't really have a place to go to like the Little Haiti Cultural Center; didn't know how to read at an early age; difficulty with finding places to go and people to help me. Now that I'm older -- I know my face can be deceiving -- I find that now, I can give back more to my community. I went to the University of Florida --
Commissioner Suarez: Oh, yeah.
Ms. Guillaume: -- and had to make a decision --
Commissioner Suarez: I'm a Gator, too. Sorry.
Ms. Guillaume: I had to make a decision as to whether I should come home or not, because of the experience I had. Gun violence; walking through the streets and people being shot in front of me at the age of 10 in my neighborhood was difficult to watch. But now that I'm older, I decided, "What am I going to do? Am I going to come back and give back?" And that's what I decided to do. And because of Sandy -- and I do ask that she is reinstated -- because of Sandy, I was able to create more organization with my son to write children's books, to teach children how to read at the center. So it's very important that we understand the dynamics of this. My parents are Haitian-born. They came to Haiti [sic], and they came to Little Haiti to buy property, and I can slowly see everything being taken away from them. What is going to be left of this community that we're asking for your support? We're losing every little thing that we had. And we, as young people, are coming back, and older people are coming back to give back to our community. We ask for your support. I'm ready to be engaged. I'm learning a lot more about the City of Miami, how your meetings work; learning about the demographics and everything that you're connected to; and learning each of your districts, because I think that's important as to know that what -- everyone plays a role. And I thank you, City Manager, for your job. Everyone here has an important job to do. You have to allocate a budget; you have to make sure that things are in check, and I respect that. But I do ask that Sandy is reinstated, and I do ask for your support. And I thank you again today for having us here.
Chair Hardemon: Welcome again, sir.
James Valsaint: Thank you, Mr. Hardemon. I'm going to do my best to keep this brief. My name is James Valsaint. I grew up in the City of Miami. A few weeks ago, right? A few weeks ago, I actually went to a funeral where I had to see a six-year-old young man in a casket. His name was Ken Carter. That's something you'll never forget, seeing a child in a casket. A few days ago, I read about another young man, 17 years old, that was gunned down in Miami Gardens. And I tell you what, I've lived in all of these neighborhoods, and there's a lot of factors that contribute to the violence in the neighborhoods, but I'll tell you, one reason why these things occur in places like Miami Gardens and other neighborhoods, but they don't occur in Little Haiti. Why? Because we have places like the Little Haiti Cultural Center, Community Center. We have people like Sandy Dorsainvil. Because of places like that, children have somewhere to
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go; they're not running around in the streets, gang-banging and whatnot. I've grown up in Little Haiti. I remember it being a sprawling metropolis. I remember my stepfather having a barbershop, having a photo shop. In a few blocks, there was so much activity going on. And then nothing. Nothing. Let's not -- let's be real about what's going on here. It's not about one person; it's about a community; it's about a culture; it's about gentrification that is happening. And Sandy Dorsainvil is the symbolic, beginning gesture of that gentrification. If she goes, the community center changes, and we have nowhere else to go. It becomes a violent -- another violent, impoverished African-American community -- Haitian-American community. But like my brother said, like my brother Umi said, we demand that Sandy Dorsainvil be reinstated. We demand that we have control over our own destiny. We will not allow for these developers to come into our neighborhoods and say what happens. We, the people, command our own manifestation, our own destiny. We will make sure that our community stands, like the Haitian community has been doing since 1803. Thank you.
Brenda Betancourt: Good morning. Brenda Betancourt. In this case -- 1436 Southwest 6th Street -- I am being asked from all of my friends, brothers, sisters, and all these people that I represent in the Community Relation Board in the County to be here to support them as a community. We all sense the same problem. We have to make sure that the Board of County Commissioners, the Board of the City of Miami Commissioners, and the staff and Administration understand a little bit more our culture, and our desire to be served by you guys. You guys represent us. You guys are sitting in there, representing our community that is right here, and we want to make sure that you guys understand that we want to feel more part of the City of Miami; that we want you guys to understand this. As a community, if we ask for some support from you, we expect your support. Thank you, Commissioner Suarez. We have received your support all the time. We want the people to hear all our concerns; not just in Little Haiti; Little Havana, myself. I am a business owner in there, own a gallery, and we go through a lot of things, the same way they go through a lot of different things. So we just want to make sure that we are not displaced by other people. We want to understand, and I want you to understand every single one of the people. Nobody knew in Little Havana between 17th and 12th that the meeting was placed today with the Bureau or with Carole Ann Taylor. We didn't get notified. I'm one of those 27 businesses and I'm not notified. I'm here to support my friends, and it's really shock that you guys are going to make a decision about the people that you are affecting are not here. I am blessed to have so many people, they are working in favor of the community, and we ask all of you to do the same. You guys are sitting in the chair to represent every single one of the residents of the City of Miami. Thank you.
Flore Lindor Latortue: Good morning. Mayor Regalado, Chairman; City Manager, Daniel Alfonso; chambers; State Representative Daphne Campbell; my community, (UNINTELLIGIBLE) mi comunidad. Today, history is being made in this room. I'm Dr. Flore Lindor Latortue. I'm a leadership professor. Leadership is the ability to influence. Leadership is what I'm observing in this room today, April 14, 2016, because what is happening here today never happen in Miami. As the first Haitian woman who serve in the Commission on the Status of Women from 2000 to 2008, we did not do politics as women Commissioners. We stood for children, for men, for women. Today, I stand with all the women here and all the parents; no need to repeat the pain. As a professor, Commissioners, I'm asking you to grab a pen; please grab a pen. Write "Haitians." That's the first "H." The second "H" is "hurt." The third "H" is "here." The fourth one is "human." The fifth one is "history." Go home and think about it, and think of what you are able to do today. Commissioner Suarez, your demeanor is leadership. Keon Hardemon, I live in South Dade, but did work on your campaign, because what was important for me was your love for Little Haiti. Wilfredo [sic], I was in Tallahassee. You did not even know me, but you always fight as a parent. You did not delay Daniel Alfonso as a City Manager when Marleine Bastien presented the demand for us to move Park and Recreation. I, Flor, (UNINTELLIGIBLE) Flor, "que sufre hoy." (UNINTELLIGIBLE) to Sandy Dorsainvil, because when you go to Little Haiti, it's not about Haitian only. It's about each and every one of you, because if you took the note from a professor today, if you are human, you know when wrong is
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being done. We are not only hurting because we are Haitian; we are hurting as a community at large, because we don't want ever that nobody 20 years from now to know that we had a Mayor called Regalado, who was there as a leader, but fired a woman without two weeks' notice. That's not legal law. And we know Mayor Regalado is culturally sensitive, and we know that. "Yo lo se, yo lo se." Then "al final, al final," I want you all to say, "We want Sandy," (UNINTELLIGIBLE) Sandy (UNINTELLIGIBLE) "es victoria," (UNINTELLIGIBLE) "porque son excelente," and "excellent," you don't need to speak English, Spanish, French or Creole. If you want to be excellent, you can do it now. We want Sandy back.
Applause
Chair Hardemon: You're recognized, sir.
Rene Maurice: All right. Good morning, everyone. Good morning, Commissioners, Councilmen.
Chair Hardemon: Can you speak up for me, please?
Mr. Maurice: Councilmen, my name is Rene Maurice. I represent 52,000 university students at Florida International University, and I'm here to say that I stand with -- as the university does, stand with the Little Haiti Cultural Arts Center, and in the supporting of bringing Sandy Dorsainvil back and reinstating her. And also, I'm here to say that I am a long-time resident of Little Haiti. I was born and raised right across the street from Edison Middle School. I came here, in honesty, to basically bridge the gap and answer a little bit of the problems that the City Commissioner -- the Commissioners and the Board faces with trying to generate revenue and maintain cultural heritage. With that being said, one way to impact cultural heritage is to get involved with the local universities from a top-down approach. I say, if we talk -- if we contact local universities -- and we have the support of FIU (Florida International University) -- to actually use the non-profit organizations to create events in that certain area, like the Little Haiti Parks, to create a massive event, and generate that revenue so it can bring -- so that can be brought back to the community, and (UNINTELLIGIBLE) tax expenses give back to the local government. We have way more ideas, but we just would like to let you guys know that we do support the reinstatement of Sandy Dorsainvil. She does a lot for this community. And I came here with our HSO, our Haitian Student Organization president, to show and give these ideas. Thank you so much.
Commissioner Suarez: Mr. Chair, if I may, real quick?
Chair Hardemon: Thank you. You're recognized.
Commissioner Suarez: Before you leave, before you leave, before you leave, I just want to say that I'm an FIU alum, so you're making me very proud. Being an FIU alum, just like the young lady who is a UF alum -- I went to law school at UF, but I went to undergrad at FIU.
Chair Hardemon: Is there -- are there any UM (University of Miami) graduates here?
Commissioner Gort: You got them both.
Chair Hardemon: Thank you very much. I thought (UNINTELLIGIBLE).
Commissioner Suarez: Yeah, you feel better now, right?
Chair Hardemon: And the FAMU ones (Florida Agricultural and Mechanical University), I know you're here, too, right?
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The Audience: Yes.
Chair Hardemon: Okay.
Commissioner Suarez: I think there was at least one that came from FAMU.
Chair Hardemon: There it is.
Commissioner Suarez: Okay. But listen, I don't know what you do aside from study, but if you don't have a job, I'd love for you to come work in my office, because you are fantastic, and you represent our City and our university very well.
Commissioner Gort: There you go.
Mr. Maurice: Thank you guys so much. Thank you so much.
Commissioner Suarez: Come on over.
Commissioner Gort: His office is right there, to your right.
Schiller Jerome: Good morning, Commissioners, City Manager. My name is Schiller Jerome. I reside at 24 Northeast 47th Street. I'm here also on behalf of Sandy Dorsainvil. But let me start -- I just want to give a brief history. I've been in this community for 13 years. I think for the past seven years, I've been very active in my community. I've come here a lot of times. I've come here to debate, argue stuff. You guys have seen me before. I can tell you, I've worked with several managers and different department heads in the City of Miami, and very few department heads are willing to take their jobs home. Very few department heads are willing to sleep at their jobs. Very few department heads are willing to not clock out when it's time to clock out. And very few department heads are willing to work 80 hours a week, 90-hour weeks; not that they're getting paid for it, because they want to, because they understand the purpose of what they're doing. Now, Sandy Dorsainvil is that person. She has been that person for this community. I have seen what she has done, because I had a firsthand experience from it. I'm a property owner across from Little Haiti Cultural Center, and I can tell you that I see people coming in and out of the cultural center. My nieces and nephews have used the cultural center. Now, I do understand clearly that there's a Charter that clearly states there's a separation between the Commission and the City Manager, and the City Manager has full authority as related to this matter. What I'm going to say to the City Manager, which I've said to him before is, if there is an issue of training, if there is issue of lack of profession, simply, that, you can handle in-house; simply, that can be addressed. And my pleas to the City Manager and also to this Commission is the fact that if there's room, if there's room, there should be room. You have over a hundred people here because of this. Let's consider it. So, City Manager, I'm asking -- I'm imploring you to consider this matter. You have full authority. I respect your authority, but the City -- the community, the residents, and I, myself, as someone who been here for 13 years, can share with you that she's an asset, and that's not an asset that the City want to lose. Thank you.
Mikhaile Solomon: Good morning, Commissioners, City Manager. My name is Mikhaile Solomon. I'm just here to sort of reiterate the importance of Sandy to this community that is reflected in the amount of folks that you see here in support of her being a part of our community. Sandy has been a collaborative force in our community. She has helped not only build the Little Haiti Cultural Center, but also other organizations in the community just by her being there. So she -- her being there is -- actually has a ripple effect, and I also want to state that having been outside of the City, there's people outside of Miami in other parts of this country that know about the Little Haiti Cultural Center, which says that she's managed to turn this facility into a world-class institution. That is something that we should really credit and respect, and we should definitely reconsider reinstating her with your co-sign. And also, I wanted to go
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back to the topic of changing or moving the facility to Parks and Recreation. I respect that they're considering ways to solve the issue, but I also want to put on the table that perhaps Parks and Recreation might not be the best way to do it. My concern is that Parks and Recreation might not have the cultural sensitivity to support what we're trying to do with the Little Haiti Cultural Center, and perhaps maybe having the County, with Miami-Dade Cultural Affairs handling the facility might be a better option, but that's just something for you to consider. And that's all I have to say.
Chair Hardemon: Thank you very much.
Marie Val: Good morning, ladies and gentlemen. State Representative, good morning. Chairman Hardemon, good morning. Francis Suarez, you're amazing.
Chair Hardemon: Can you state your name for the record, please?
Ms. Val: Thank you so much for supporting our community. You show to be our friend and we will show to be your friend, and I think that's very important.
Chair Hardemon: Can you state your name for the record, please?
Ms. Val: My name is Marie Odel Val. I'm a business owner, and I'm also an educational consultant; went to University of Miami, graduated; did my master's at FIU, though, okay?
Commissioner Suarez: There we go.
Ms. Val: I had the pleasure of speaking with Daniel Alfonso when I found out that Sandy had been terminated, and again, I explained to Daniel, it wasn't that -- well, it was that she was terminated, but more importantly, I didn't like the way that she was terminated, you know. Sandy comes out of the bosom of the Haitian community. She is the very best that we have to offer. And for her to be given five minutes to clear her office, that is a slap -- in 30 minutes? Okay, I'm sorry, 30 minutes. That is a slap in our face. And as a community, we will not take it quietly. It wasn't fair. And I'm also here to put together with the voices of my brothers and sisters to ask for the reinstatement of Sandy. Thank you.
Jeffery Brimberry: For the record, my name is Jeffery Brimberry, a community member of Liberty Square. I don't know how to talk to you guys with big, fancy words, and try to make myself look good for nothing, because this is not a show. We asking for the reinstatement of Ms. Sandy. As you all can hear, that she is a very incredible woman, and she played a very sufficient part of the community. I want to just bring to the attention of the Parks and Recreation, I think that peer counseling is very much needed in our community; centers in our community, period. I deal with a mental illness, and we -- I never heard anything mentioned about mental illness. I've been dealing with a mental illness for the last four years, and it showed me that medication do work, because look at me now. I'm standing before you. I'm not using no fancy words, understand? But I've been adopted by the Circle of Brotherhood from a mental illness program, and I'm trying to tell you that it work, and it's very much needed in our community, because you don't know what these adolescents are going through on a day-to-day basis. Sometimes, you just need somebody to talk to; somebody need somebody to talk to; somebody have a problem that you just don't understand. You can't figure it out, because you ain't trying to find out about it, but if you would take it under consideration to put into your program with the Park and Recreation about putting a peer counseling specialist there; somebody to listen to the community and to hear what the children are saying. Then you won't have too much of this violence, this gun-on-gun crime, and who did what to who, when and where, because they -- you listening. You know what I mean? Who got the beef on they shoulder, they got somebody that they can talk to, and somebody can probably persuade them out of whatever situation they getting into. Fathers stepping up to the plate, that's what I represent, because I have siblings, 14, 15, 16, 17 and 18.
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Every year, yeah; I didn't have time for TV (television), yeah. But my children -- I got a son that deal with a mental illness. I had to deal with him, because I was brought aware of mine, and I know how to deal with mine, and I know medication do work. Thank you.
Chair Hardemon: Thank you very much, sir.
Stephanie Magene: Good morning, everyone. My name is Stephanie Magene. I am a student at the University of Miami; just wanted to put it out there. But I just stand here because I really feel passionate -- I'm a Haitian descent, as well, and I feel passionate about this issue, because, yes, I would like to have Sandy Dorsainvil reinstated, but I think the issue here at large is gentrification, right? And so we have to, I think, as a community, look at that specifically and see how it's impacting our community. It is an issue even in Coral Gables. I go to UM, but there's very -- the region is very pickpocketing. You can see where affluent people, you know, usually non-minority groups, like white, let's just say that, they -- and then the minority groups have been pushed back aside. Even I used to go to a -- my church -- sorry -- was located on 2nd Avenue and going -- as I was getting older, I saw that a lot of local organ -- churches especially were being kicked out across the street, in front of us, above us, below us; just all around us on that strip; just being kicked out one by one, because I -- they -- I'm not even sure. I think it's because they're trying to take that entire row and just make it a art district for music, and design, and just take that entire strip of that -- that entire street. And so that's bothering me, because I feel as though the voices that are so small are being attacked, and being overlooked, and being pushed upon by matters that is beyond our needs; especially if we're talking about community development and establishing strength between -- in numbers and it show that. I think we should really focus on gentrification and why it's an issue even here today in 2016, and more so, in minority communities, where -- because of lack of resources, it's hard for us to speak up and stand against those issues.
Jasmine Johnson: One minute, one minute. I just want to say -- Jasmine Johnson, FIU and FAMU alumni. But Sandy really gets it in terms of allowing people with an idea to come in with low budgets or no budgets for the greater community, and to allow young people with dreams to do that. We have to keep that in mind, and I fully support reinstating Sandy. That was it.
Daphne Campbell: Good morning, Commissioners. Good morning, City Manager. And good morning, my community. Thank you for coming. Thank you, thank you. As you -- all of you knows, I'm the only Haitian woman representing the Haitian community in the State of Florida, with 20 million people. I'm standing here for one reason. First, let me say thank you to each one of you for listening to our concern, for responding to our concerns, and for voting for our concerns. As of today, I'm going to call every one of you sitting here Haitian. Is that true? Haitian. So I'm giving you nationality of Haiti. So please bear in mind, now, when something happen to our Haitian people, I want to see every one of you standing, just like all of us standing, and come and speak here. It's not true? So what am I saying? I do understand Commissioners cannot make -- it cannot fire or hire; only the City Manager. So I spoke to the City Manager Monday. We had a very long conversations. I wrote him a letter, as well, and I asked him several questions, and I don't get an answer yet. City Manager, Mr. Daniel Alfonso, I'm appealing to you myself, State Representative, District 108, who represent Little Cultural Center; who represent that area. I'm asking you today -- not tomorrow, not after tomorrow, not next month, not next year -- today, as soon you finish here, to go to your office and make sure Sandy is reinstated for the sake of all of us who standing here. You know, I'm very passionate of what happened, and I'm a mother. Sandy could be my own child, my own child. So when something happen to a young woman like this, her reputation, and for all the work she has done, is going to go to garbage. We're not going to stand for that. I'm asking you, sir -- I'm not asking you because I'm a State Representative. I'm asking you as a community, standing with all of them which you see here, to get her reinstated immediately, regardless whatever you guys said, regardless investigation. God give us a chance, a second chance for anything we do in life, so Sandy need a second chance to be reinstated immediately for all of us. Thank you, sir. And I
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want to hear later on, "Sandy, go back to work." Get her back to work. That's what she needs to do. Thank you.
Ms. Bastien: Chairman, thank you so much for your leadership. Commissioners, thank you so much for your leadership. Sandy Dorsainvil is not in this room with us, but you could hear her through these collective voices, loud and clear. The voice of the people is the voice of God, and I hope that today, your leadership, the Mayor, in collaboration with the City Manager, will listen to the voice of the people, the voice of God. Thank you.
Chair Hardemon: Thank you.
Commissioner Carollo: Mr. Chairman?
Chair Hardemon: Before we move on -- I know we have just two more public comments. Ma'am, you're recognized.
Dr. Brenda Juste: Hi. My name is Dr. Juste, and I'm a good friend of Sandy. Sandy and I, we went to school together, went to Archbishop Curley, Notre Dame, and I know of her, and of her work, and what she was doing in the Cultural Arts Center. She did a phenomenal job, and I'm going to emphasize on "phenomenal job." All I'm asking is that you give her another chance; to reinstate her and give her her job back, because, you know, this is our community. We all grew up in Little Haiti. I'm a product of Little Haiti. So Sandy was doing an amazing job, and people were able to come together as Haitians, you know, to represent Haiti. So, again, I'm asking you gentlemen if you guys can please reconsider and reinstate Sandy, and give her back her job. Thank you so much.
Chair Hardemon: Thank you very much. The last public comment that I'll ask come to the lectern will be that of Gepsie Metellus, so she can conclude the public comments.
Ms. Metellus: Thank you again, Mr. Chair. Thank you, Commissioners. Thank you, Mr. and Madam Clerk. Thank you, Mr. Manager. You know we -- we know that you've been very generous with your time this morning in giving each and every one of us an opportunity to be heard, so we appreciate that. We thank you, and we hope that, together with the Manager, you will all do the right thing. So thank you so very much.
Chair Hardemon: Thank you. Before I recognize you, Commissioner, you know, I want to say that I am so heartened by what you all have come here today to do. It is very difficult to fight for issues that are important to the minorities of our community. We find ourselves many times banging our head against the wall. And I thank my Board Members, because many times, they hear the passion in my arguments. I don't make them long -- or I at least try not to -- but I make them legal, I make them moving, and I make them factual. And there are times in which there is not much that I can say, like this time, because I can't decide the fate of Ms. Dorsainvil; although I so badly want to advocate for her to be here. But just when you think that you're all alone, the members of District 5 and the friends of Little Haiti come together to show support for our community the way that, like Commissioner Suarez said, it has never been shown before for any single person who's ever been let go by the City of Miami. You make me proud to advocate for you, and for you to advocate for someone who is within our community, who does not have the voice in which many of us have. So thank you so very much for being here. There is no other word that I could say as eloquent as those who've come before us. You all are the difference makers in the City of Miami. The way that Ms. Bastien said that someone has to succeed me, and if I ever had an advocate that succeeds me that is as impassioned --
Commissioner Suarez: We're in good shape.
Chair Hardemon: -- as the people of the Haitian community, I would be very, very satisfied.
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Thank you so very much.
(Applause)
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. I think most of you already know -- and I'm going to ask our City Attorney just for clarifications -- that it's not within our purview here as the Commission or individual Commissioners to reinstate any employees, and I just want to have the City Attorney put that for the record. With regards, can you -- what a City Commissioner can do regarding any reinstatement. There is, however, a Charter Review that can look at this in the future, maybe make changes, but as it is right now, I'm going to ask our City Attorney to, for the record, state what we can and cannot do with regards to a reinstatement.
Ms. Méndez: Thank you, Commissioner Carollo. The Charter specifically prohibits for the Commission to interfere with the City Manager's appointments or removal of persons in the City of Miami. So it is clear in Section 4 of the Charter that it is up to the City Manager when he has to deal with his administrative positions.
Commissioner Carollo: Madam City Attorney, would it be fair to say that this City Commission listens to the community, and us, as a Commission, also hopes that the City Manager listens to the community? That would not be in violation of the Charter?
Ms. Méndez: That's a statement. That shouldn't be a violation of the Charter.
Commissioner Carollo: Okay. So I truly hope that our City Manager listens to the members of the community that actually came here personally, and stated what their wishes were for one person, as mentioned, which hasn't been seen before. Thank you.
Chair Hardemon: Commissioner Gort; then Commissioner Suarez.
Commissioner Gort: I think we could ask the City Manager. I think the City Manager have heard from the community, the people that live there. I don't know the reasons why the action took place, but I think the City Manager is hearing from us and hearing from the public, and a suggestion was given that maybe he should meet with this young lady, and everybody spoke to highly of her, and try to come up with the -- a way it can be restated [sic], if you believe it can be restated [sic], and I think we can ask him to do that.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Ms. Bastien said something that I've never heard it said like this, and I'm going to repeat it because -- and I'm going to repeat it a lot in the future, because I've never heard this said quite like this, which is -- and it's beautiful -- "The voice of the people is the voice of God." I've never heard something expressed that way, and what I -- what we can do is this -- and City Attorney, please correct me if I'm wrong; just hear me out. And I know that Schiller, you know, made a very good point as to the separation of powers, and we've talked about the Charter implications of it, but I don't know what's going on, all the details of what's going on with Sandy, but I do know this: I think it's evident to all of us here that we can commend her for the work that she's done for this community, and we can do that formally. And what I want to bring at the next Commission meeting -- and I would love for you all to come here -- is a commendation; just like what we do when we give proclamations at the beginning of every Commission meeting. Well, I want to give her a commendation for the work that she has done, because I think that is an objective expression of support for the work that she has done, and
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that's something that the City Commission can do. And I think that everything that all the members of the audience here have expressed gives way more evidence to that commendation, and for the need and the fact that she deserves that commendation than anything I've ever heard as a Commissioner in the six years that I've been here. So I'm going to ask the Chair, with his indulgence, if all the members of the Commission would join me in commending her for her work at the next Commission meeting, and I'd love for you all to be here in support of her and her work. Thank you.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Gort: I think it's important. I don't think it's only the action that took place with this -- with the young lady, but I think it's very important, there's a perception that the City Administration and the City Commission is going to change that. I can assure you, the City Commission has no intention on selling that, nor the Administration to selling that, because I fought during my first time in here a lot for the -- for that center to be there and to be expanded, and for the parks and so on. So I think it's very important that we -- not only us, the Commission agree that we have to maintain that, but I think the City Administration also will want to do that. And there's a perception, like people -- I heard someone says that the father bought a property, or the parents bought a property, and they took it away. If you own a property, they can't take it away. You can sell it, but they can't take it away.
Chair Hardemon: A very good point. And Commissioner Suarez, I appreciate that kind gesture. And I want all of you to know -- many of you who have come to the meetings with me know this already -- but, you know, it hurt my heart to know that Sandy was released without having the opportunity to prepare herself for such a life-changing situation. Things like this result in people losing their homes; it results in people having to remove their kids from school; it results in them being moved out of the community, put on the street. And those things are heartbreaking to know about when it touches so close to home, especially. And so, because of that, not knowing what the City Manager was going to do -- if he would reconsider or not -- I did offer Sandy a job within my office until we found out furthermore what would occur.
Commissioner Suarez: Awesome.
Chair Hardemon: So Sandy will be here on Monday.
Commissioner Suarez: Awesome.
Chair Hardemon: She decided to take a few more days off for her well-being, but she will be here on Monday, rain or snow, within my office at the City of Miami. However, I agree with the sentiments of you all that she'll be better served in our community in the Cultural Center. Mr. Manager, I don't know -- well, I think it would probably be fitting that the members of the community hear from you, considering that they came to speak to you. I don't know what your response will be, but I think a response at least is necessary.
Mr. Alfonso: Mr. Chairman, I appreciate the input and comments of everybody that came here today. I can say that I assure everyone here that there has been no dealings with any developer to try to get rid of this facility or any way. There's some comments made about people taking things away, and I think, as Commissioner Gort expressed, nobody can force anybody to sell a property. If a private property owner sells a property to anyone, that is the case; it is what it is. There is no intent on the City of Miami to divest ourselves of this property. There was -- never been any intent on the City of Miami to change the use of this facility. So we're intending to continue to operate the Little Haiti Cultural Center as a center where the community can meet and gather, and have festivities, and whatever has been going on will continue to go on. In
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terms of the termination, I will say that I consulted with my HR (Human Resources) Department, and I consulted with the Department director, and approving the termination of Ms. Sandy Dorsainvil was not an easy decision for me to make, as it is never an easy decision for me to make, Commissioner, Chairman, Commissioners, members of the public. Whenever I make a decision to terminate somebody, I fully understand the ramifications in what that means, and I fully understand that this person is going to have hardship. And as I expect that one day, I'll be sitting in this chair, and this Commission will be terminating my services, because it is a thing that eventually happens to all City Managers, I did not do so lightly. We have posted the position on the web. We're expecting to recruit for the replacement of the position. I offered the folks that I met with on Monday that if they wanted to participate in that recruitment process, I would open it to them. They have to go through some training and sign some affidavits and whatnot, but I'm willing to open it up and have them select the next person to lead the center or participate in that selection process. There's no intention of the City of Miami Administration to change what the center is like, and we intend to continue to make it available to the community.
Chair Hardemon: So, Mr. Manager, just to be clear for everyone here who doesn't speak in big words, will Sandy Dorsainvil be given a second opportunity as an employee for the City of Miami Administration?
Mr. Alfonso: Mr. Chairman, at this time, the decision that I made to terminate Ms. Dorsainvil has not changed.
Chair Hardemon: Any further discussion, anyone? Members of the community, I am proud of you for coming to express yourselves. All of our decisions that each of us make as individuals, as professionals, all of them have ramifications. A decision that I may choose to make that may not be in the best interest of you has ramifications for me as well as you. And decisions that each of us make regarding others have ramifications for that person and ourselves. We depend on our leadership -- City Managers, Police Chiefs, Fire Chiefs -- to make decisions that are for the best of our community. And we've seen in the past when those decisions are not for the best interest of our community, there have been negative consequences. I don't know what the consequences will be here. I don't know if a decision such as this comes to the degree in which we all should reconsider our abilities to make decisions on the behalf of the City of Miami, but I will say decisions like this are always duly noted.
Commissioner Suarez: Mr. Chair?
Chair Hardemon: They're never forgotten, and they always consider, I think in the future. My decision will not change. Sandy Dorsainvil will have a job on Monday.
(Applause)
Chair Hardemon: You're recognized.
Commissioner Suarez: Let me say two or three things. And I apologize, I don't want to belabor this discussion, because I think we've all been very patient, everyone here, in talking about this. I don't disagree with what the Manager has said, in part, where he said that maybe there will be one day when the Commissioners are the ones that are deciding his fate; and that is, in fact, a possibility; and, in fact, that's something that we do every single day here as a City Commission, and so I think he's right about that. I've also -- you know, there's been some talk about Charter changes and Charter examinations, and I will bring this discussion before the Charter Review Committee that this Commission has asked me to chair. And one of the reforms that has been talked about is changing the system of government in a way so that the person who's empowered to make these decisions is accountable to the people, okay? And that is a person that can hold people accountable; the people who, as was expressed, are the voice of God. So the last thing I will say is this -- because this is an important point, very important point: We have 4,000
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employees, and I think the -- I don't think the Manager takes firing an employee lightly. I would never suggest that. But we have 4,000 employees. But not every single employee has as much interaction with the public as the others, and you can tell by the expression and by what we've seen here today. But there are some positions in our organization that are more sensitive than others because of their interaction with the public. They are the face of our organization. And I think those are the positions that when you're making changes, the prudent thing to do is to discuss it with the community. The prudent thing to do is to discuss it with Commissioners. You don't have to do it; you're not required to do it; you're not legally bound to do it, but that's the prudent thing to do. Just because you're not required to do it doesn't mean you shouldn't do it. And, you know, I've had, for example -- just to give you an example, police is a big issue, and policing our streets, and crime and safety is a big issue in our community, and it's a big issue in that community. And removing commanders is totally within the prerogative of the Police Chief; it's totally within the prerogative of the City Manager, but that doesn't mean it's not a good idea to consult with the community, or to consult with Commissioners, because every time there's a new person, guess what? Whoever that new person is that's selected, now they got to meet the community; now the community's got to get comfortable with them; and that takes time. And that's assuming that you picked the right person. So there's a saying that, "If it ain't broke, don't fix it." And, you know, I think, oftentimes, that's the logic. It's very simple, but when a community has embraced an employee, that's something that -- it's a bond that is -- should not be easily broken. And, you know -- and I'll just leave it at that, because I think we said all that we need to say on this issue.
Chair Hardemon: This is a sad day for the Little Haiti community. I'm sorry.
Commissioner Gort: Mr. Chairman, Mr. Chairman.
Vice Chair Russell: Decorum, please; decorum. Decorum. Please, decorum.
Commissioner Gort: Come back at 3?
Vice Chair Russell: As Vice Chair, I'll act in the Chair's stead as he's left the dais, and I would simply ask all of you to please, please, finish this very classy proceeding with which you have all represented yourselves and your community in a classy way. Everything has been said, and what I'm most proud about today is that everybody got their time; everybody's voice was heard. The Manager was heard; the people were heard; our Commission was heard. Now, we need to take those decisions and digest them, but let's do it with decorum. Thank you very much for coming today.
Commissioner Gort: Okay, the -- come back at 3?
Vice Chair Russell: Sorry?
Commissioner Gort: Come back at 3? It's 12 o'clock.
Ms. Méndez: Mr. Chairman --
Commissioner Gort: We got all this and you have --
Ms. Méndez: -- we have two personal appearances -- or actually three that are here and could probably be taken up shortly.
Vice Chair Russell: Which remaining personal appearances do we have?
Ms. Méndez: We have Senator Miguel Diaz de la Portilla; we have Commissioner Vince Lago; and City Attorney Craig Leen; and we have a pocket of J.C. Plana as outside counsel.
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(NA.1) RESOLUTION 16-00551a A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO UNDERTAKE ALL NECESSARY MEASURES REQUIRED BY THE CHARTER AND CODE OF THE CITY OF MIAMI ("CITY") TO MOVE WITHIN THE CITY'S ADMINISTRATION ALL OF THE REAL PROPERTY, BUILDINGS, IMPROVEMENTS, PERSONNEL, BUDGET AND ANY OTHER NECESSARY ITEMS AND MATTERS OF THE LITTLE HAITI CULTURAL CENTER FROM THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION.
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0174
Chair Hardemon: At this time, I'm going to recognize an individual that is not placed on the PA (Personal Appearance) agenda, but I'm going to utilize some privilege as the Chairman. I want to recognize Ms. Gepsie Metellus. Ms. Gepsie Metellus will have an opportunity to address this Board, and I know that she has individuals that are here with her in support, and so I would ask, if you can, for those individuals to stand in support. I know that -- and I apologize, Ms. Metellus. I know there's a short video that you wanted to play before, so we're going to allow that short video to play. At that time, once the video is playing and has concluded, Ms. Metellus will then go on to speak. And along with those supporters, I know that we have one of our representatives here, our representative, Daphne Campbell. She's before us also in support of what Ms. Metellus is here to speak about. Now, the PA agenda is an agenda where, typically, one person comes to address this body about an issue. You have more time generally than you would give in your two minutes to address us on those different parts of the agenda; for instance, if we have a resolution. And so, at this time, this is an opportunity for a representative from an organization or a group of people to express themselves very succinctly, very clearly, and for us to go and address what their needs can be. This particular issue is very sensitive, and this particular issue that she's about to speak of is an issue that can only be handled by our City Manager's Office. The Commissioners have no authority in employment decisions that are within the City Manager's Office, so I want to make that very clear to you, and I'm sure that the City Attorney will also reiterate that; although we all feel the very same way, we're all impassioned about this same issue. So at this time, I ask that you watch the video presentation, and support Ms. Metellus in what she has to say. Thank you so very much. Can you play the video? You could have a seat if you'd like.
Note for the Record: An audio-video presentation was made at this time.
Chair Hardemon: Now, for many of you, this is your first time here in these chambers. We do not allow clapping, or making of noise. It takes away from the amount of time that we have to address our issues. So if you are in support of a major point that has been made, anyone who has the microphone -- because there are many, many great speakers who will address us today, I'm sure -- just show your support by waving your hands like so. Thank you so much. Ms. Metellus.
Gepsie Metellus: Thank you so very much. Good morning, Mr. Chairman. Good morning, Mr. Mayor, members of this Commission; Mr. Manager; Mr. Clerk. Thank you again, Mr. Chair, for this opportunity. My name is Gepsie Metellus. I serve as the executive director of Sant La Haitian Neighborhood Center. And as all of the people, the individuals who stood earlier to
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represent the support for Sandy Dorsainvil, I'm here to say that we are here to address you on this very singular issue. This very focus this morning for our being here is Sandy Dorsainvil, and we're asking you, we're appealing to you, and we're urging the Manager to reinstate her; to allow her to restore her good name. Sandy Dorsainvil is a child of this community. Commissioner Gort, I know you can appreciate what it feels like when a Haitian parent works very hard -- excuse me. I feel that I'm about to become very emotional. Excuse me a second. That's a bit uncharacteristic. But, Commissioner Gort, as I was saying, you appreciate when a hard-working parent saves every dollar to ensure that their child has an opportunity for the best education in the community. And Sandy's parents opted for Archbishop Curley. This is where she went to, "K" to12, and then went on to Howard University. Commissioner Hardemon, Chair Hardemon, I know you appreciate the fact that when so many members of our community -- in particular, in the black community -- when they go away to school, they don't always come back here. They don't always come back to Miami-Dade, because they don't feel that this is a welcoming place for them. Sandy Dorsainvil chose to return, right? Commissioner Carollo, I know you understand when someone is totally dedicated and devoted to uplifting her community. I know, Commissioner Suarez, you understand the importance of young leadership, and you appreciate the fact that Sandy Dorsainvil epitomizes this young person who emerges from our community and accepts the responsibilities of leadership; accepts the responsibilities of working in behalf of her community; accepts the responsibilities of being part of making things wonderful and beautiful in the City of Miami. Commissioner Russell, I know you appreciate a hard-working single mother. I know you appreciate when someone is totally devoted to her community, but also has a family to take care of; and as the single breadwinner, also figuring out the ways to carve out time to be with her family, but to also do the job that she loves. And Sandy Dorsainvil loved this job. And if she didn't love this job, all of the wonderful things that we've seen happen at the Little Haiti Cultural Complex over the past several years would not have been possible; would not have been possible, because she didn't have the resources to make these wonderful things a reality, but she sought out to sort of make lemonade out of lemons, right? She encouraged partnerships, and so you see today the Greater Miami Convention & Visitors Bureau being a partner of the Little Haiti Cultural Complex; being very present, encouraging that cultural tourism that I just heard Carole Ann Taylor talk about. And so Sandy worked that to make this happen, right? "Big Night in Little Haiti," I know that Laura, who's in the audience, can tell you how Sandy was this partner; this partner who believed that this cultural activity -- this cultural activity could take place, and would be successful, and would have staying power. And, indeed, it had legs. It ran for four years, right? And, unfortunately, I think we're looking at the end of "Big Night in Little Haiti" this Friday. And so I -- you know, we think that there's something wrong with this picture. There's something wrong with this picture. If we're a Miami who talks about celebrating our communities; a Miami who talks about making sure that we provide our visitors and guests this cultural experience; a Miami that prides itself on its very singularly different neighborhoods -- right? -- that are celebrated worldwide, that we would let "A Big Night in Little Haiti" end. But I digressed; let me go back to Sandy. I did say, "Single most important focus for today." And so here's this young person who has taken this mantle of leadership; has made some wonderful things happen; has become a role model for so many other younger Haitian-Americans, and young individuals throughout this community, to say to them, "You've got a responsibility to work and build your community." And Sandy has made magic happen at Little Haiti Cultural Complex, right? Wouldn't you agree she's made magic?
Applause
Ms. Metellus: And so you would appreciate our dismay. You appreciate this heartbrokenness that we feel at this decision; this decision to terminate her; this decision to terminate her in this manner -- right? -- in a community where you know how much anger there is out there. Commissioner Gort, you know the anger, right? You know the -- where is the Mayor? The Mayor knows the anger, as well, right? So you terminate someone under these circumstances. You terminate someone, really, in a manner that doesn't really give her a chance to continue to build her life -- right? -- because you've destroyed her good name; because people are out there
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talking about, "Well, there's a potential investigation," and so the -- that word alone, you know, it sort of encourages people to take this thing and run with it. And in the meantime, you leave a very broken person; a person who may not be able to survive in Miami. That's not right; that's not equitable; that's not fair; that's not fair. So when we say to you, you know, the impact of this decision -- I don't want to get into the disrespect to the community -- right? -- because that's secondary. Let's look at the disrespect to Sandy. Let's look at how you -- how this action looks like, you know, a team of people who are cannibalizing our young folks; cannibalizing folks that we need in this community to succeed you, Chair Hardemon; to succeed you, each and every one of you on this dais, right? So when you take an individual like this and you take this action in this manner, without giving her an opportunity to set the record straight; without giving her an opportunity to restore her name; without giving her due process -- and I won't get into the due process issue, because that's not my intention this morning. What I'm saying to you is that the impact of this decision is an impact that she will continue to feel for the longest time. The community will continue to feel it, and you -- it seems that this action breaks trust with us. This action breaks faith with this Haitian community; with this community who've been your partners, who've been supportive; who -- you know, I recall when we launched the bond program, the neighborhood bond program that would give us a Little Haiti Cultural Center; that would give us a Little Haiti park, right? The community came together and said, "We will urge our residents in the City of Miami to support this bond issue. We will work." And I have to mention the memory of Commissioner Teele, who said to the community, "Let's work on creating this park, as well as the cultural center." That would be a beacon of culture; that would be the legacy of this community; that would reflect of best of Haitian culture. And so this action destroys that. This action breaks the covenant that you had with this community. And so I would urge you again, and I would urge -- I would appeal to the Manager to reconsider this decision. I would appeal to the Manager to reconsider this decision. And so, again, I want to close with asking you again to support the reinstatement of Sandy Dorsainvil. Support her in particular for the ability to at least restore her good name. Support her in order to restore her good name. Reinstate her and support her in restoring her good name. Thank you.
Chair Hardemon: Thank you very much. I see there's a line of individuals that have lined up; those individuals that are very important to our community, but I want to be very clear. I had a meeting yesterday with individuals who represent this body, and I was clear that we were going to allow one person to speak on the issue. That is a known fact, because this is how we go about typically running our PA agenda. It is a matter of rule; it is a matter of respect, not just for the people that are here watching, but for the members on the dais, because you have to understand, we're taking time away from the issues on the agenda to move something that we thought was important to the beginning of the agenda. This is not meant to belabor any points when you -- this part of the agenda is not meant to belabor any points, because it is not a public hearing time. It is a time for the expression of an idea, and for the Commissioners to engage in discussion. So at this time, what I'm asking for is the respect from the members of the community who came to support to allow that one person to speak on the issue, unless -- unless -- and I mean this -- the members of the City Commission object to one person speaking and want to hear from more individuals. Object -- not saying that they approve, but they object to us following the normal procedures -- I will ask that the City Manager respond, and not hear any further comments from anyone who is with us.
Marleine Bastien: We'd like to have two minutes on the agenda, Mr. Chair. I don't think that's much to ask. This is a very important issue; it's on the issue.
Chair Hardemon: It is a very important issue.
Ms. Bastien: Yeah. It is on it, it is on it.
Chair Hardemon: Hear what I'm saying to you.
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Ms. Bastien: Yeah.
Chair Hardemon: Hear what I'm saying to you. I think I was very clear. And the number of individuals that you have standing behind you, it does not amount to two minutes -- hear me. Just hear me for a moment. So unless -- and I ask you to stand ready, because there may be a Commissioner that wants to hear directly from you about an issue.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
Commissioner Suarez: Thank you. Yeah, I would like to hear from the community that are here. I think there's about six speakers. That's 12 minutes. I don't think that's too much to ask. And I mean, I would say that in all the time that I've been here, I've never seen, ever, such an outpouring of support for an employee, or former employee in this particular case, as I've seen here today, so I think it behooves us to spend a little bit more time getting to the bottom of this, if that's okay with you.
Chair Hardemon: And I'm very glad to hear the support of the members of the Commission in moving this forward. One thing I want to be very clear of is that I don't want to be a dictator on this seat. I serve at the will of the Mayor, and I serve all my actions at the will of this body, so if there's ever anything particularly like this, where we're going outside the beaten path, I just want to make sure that I have my Commissioners' support in doing so.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes.
Commissioner Carollo: You have my full support. I think I echo the words that Commissioner Suarez says, and I would like to hear from everybody.
Chair Hardemon: Thank you very much.
Ms. Bastien: Thank you.
Chair Hardemon: You're recognized.
Ms. Bastien: Thank you, Mr. Chair. Mr. Chair, Mr. Mayor, I know --
Chair Hardemon: Can you state your name for the record, please?
Ms. Bastien: Marleine Bastien. Thank you, Mr. Chair. Marleine Bastien, 181 Northeast 82nd Street, from FANM (Fann Ayisyen Nan Miyami), Haitian Women of Miami. Mr. Chair, thank you so much for this opportunity to allow us to voice our sentiment on behalf of Sandy Dorsainvil and the Little Haiti Cultural Center. Don't you worry, Mr. Chair, we're going to stay on point. In your introduction, you did indicate that only the City Manager can decide whether to reinstate Sandy Dorsainvil and like Gepsie said, in respect and dignity so that she can continue her life. However, Mr. Chair, there is something that this Commission can do today, and then it doesn't need the consent of the City Manager to do so. When we organize for three to five years to get the resources; when we sacrificed hours in community meetings with the late Commissioner Arthur Teele to get the resources to build the Little Haiti Cultural Center, it was built, it was done, and it was built with the intent for it to be a space for the community to come, for families to come to be empowered, to show and showcase Haitian culture, because when you look at the Haitian community, we've been going through so much historically. We are the only group in the United States of America that was prevented to come in. We came in anyway. We spent months
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and years in detention, and then, we were left to fend for ourselves. And out of our resilience and sheer determination, we were able to build this community center; the only one we had. And it's not even complete. It doesn't have a swimming pool for our kids. It's what we have; what you can do at that time. What they did at that time was to put the community center under Parks and Recreation. For some reason unbeknownst to us, under the Commissioner Michelle Spence-Jones, it was placed under Asset Management; Real Estate -- Department of Real Estate and Asset Management. This is the wrong thing to do. Because it is under Real Estate Manage -- and Asset Management, the intent just changed from being a community center to a revenue-making center. Commissioners, you can change that now. You don't need to wait for the next day. You don't need to wait for the next month. You don't need to wait for the next year. You can move the Little Haiti Cultural Center from the place where it was wrongly placed, for reasons unbeknownst to us, to Parks and Recreation, with -- to respect the intent of the center in the first place, because -- I'm going to end, Commissioner Suarez, on that note -- Sandy Dorsainvil deserves to be reinstated. The community shows that we want her to be reinstated, but guess what? Guess what, Commissioner Gort? She -- if she's reinstated today, then the center is not making any profit. What stopped Real Estate Management to fire her again? We need to bring Sandy Dorsainvil back to her position where the center can continue to thrive, and then meet the purpose and the intent it was built for, to be a real community center for the people of District 5, the people of Little Haiti. That, Commissioners, that you can do today. Thank you.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, Commissioner Suarez.
Commissioner Suarez: We can do that right now. We don't have to wait a week, or a month, or a year. We can do that right now, and I think, you know, one of the issues is -- and I want to respect the Chair, because this is his district, but I've had this same problem in the pools, for example, in Shenandoah, and charging kid -- you know, we've talked about this before -- charging children --
Commissioner Carollo: Absolutely.
Commissioner Suarez: -- $2 to use a pool, we're changing the focus -- erroneously, in my opinion -- and actually, Commissioner Russell, we also did this -- we had this issue in your district when we did a pool -- another swim competition, because, you know, this is ridiculous. You know, we are -- we have the wrong emphasis. You know, the emphasis should not be generating revenue in our public facilities; in our parks, particularly. The emphasis should be -- these are facilities -- and in the case of the Little Haiti Cultural Center -- that took years, and years, and years, and a lot of public advocacy and fight to get there; and a lot of money, too. These are the people's facilities, and they're our bosses. And I think sometimes, in this government, we lose sight of who the boss is. They're the boss. And, you know, I don't think we should wait. I mean, I leave it to you, Chair. I'm going to support whatever you want to do.
Chair Hardemon: Commissioner Suarez, well, first, just to piggyback on the issue regarding pools, I live walking distance to Overtown, and I witness youth jump the gate --
Commissioner Suarez: Of course.
Chair Hardemon: -- of my building to get into the pool.
Commissioner Suarez: It's crazy.
Chair Hardemon: I walked down to speak with them one day, and they were guys that I remember from the community, and I asked them, "Well, why aren't you here when you have this beautiful new pool at Gibson Park?" You know what they told me? "Cost too much to get in."
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Commissioner Suarez: Of course. It's crazy.
Chair Hardemon: So the building manager will call the police on the children --
Commissioner Suarez: It's crazy.
Chair Hardemon: -- and they eventually built a higher fence so that the children couldn't jump it to get into the pool.
Commissioner Suarez: We used to not have fences in our parks, by the way.
Chair Hardemon: So I've expressed that concern to our Parks and Recreation Department, and they talked about removing that fee for the children, so that's something that, with your support, I would love to see done; but more importantly, on this issue, I mean, at this moment, what point that Ms. Bastien made, not only about Sandy Dorsainvil and what she does, but also the issue that, if, for instance, she is reinstated back into office, into her position that she is at the threat, if you will, of DREAM (Department of Real Estate and Asset Management). And I want to be very clear to all of you. Once again, our Charter does not allow the Commission nor the Mayor to be involved with the hiring, firing, or any other decisions involved with his staff. We do not control that. We cannot influence on that. However, the thing that you say give him some chance sometimes to think about issues, and it is up to him how he decides to move things forward for his staff, and I want to make that very clear. So we all express ourselves and how we feel about things, and that is not -- that's something -- that is not something that's disallowed, but in regard to the singular issue that was expressed by Ms. Bastien of removing an asset from DREAM rather than Parks and Recreation, so I assume, then, for instance, like the James L. Knight Center is under DREAM, and that is a revenue-generating facility; that's what it's supposed to do, rather than this venue that is more of a place for the people to come together --
Commissioner Suarez: It's a community center.
Chair Hardemon: -- and celebrate --
Commissioner Suarez: Yeah.
Chair Hardemon: -- their culture, their heritage. And because of that, and because of the vision that Commissioner Teele did have for this, I would love to entertain a motion to move --
Commissioner Suarez: So moved.
Chair Hardemon: -- this building from DREAM --
Commissioner Suarez: So move.
Chair Hardemon: -- to Parks and Recreation.
Commissioner Carollo: Second.
Victoria Méndez (City Attorney): Chairman, are you able to do this as a directive? Because we would need legislation to move things around and review all that, so could it be a directive to look into doing all that; is that possible?
Chair Hardemon: Madam City Attorney --
Commissioner Suarez: A directive, that's fine.
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Chair Hardemon: Well --
Ms. Méndez: No, as a motion that you're doing --
Chair Hardemon: No, no, I understand, I understand, as a directive, but my question to you -- I'm just challenging you on the ability for us to do this in -- as a voice vote, you know, to actually move that item or this asset from DREAM to Parks and Recreation. Can you explain to me why we couldn't be able to do it just in that fashion?
Ms. Méndez: Normally, that's done through the budgeting process, Table of Organizations. There's a lot of thought that goes into moving everything around --
Commissioner Suarez: Right. So I move --
Ms. Méndez: -- and it's done through legislation, clearly.
Commissioner Suarez: -- that we take all steps necessary through legislation, et cetera, et cetera, so that this asset, to the extent that it's being put under the Department of Real Estate and Asset Management is removed and brought back into the Parks Department.
Commissioner Gort: That's good.
Commissioner Carollo: And --
Chair Hardemon: And the seconder --
Commissioner Carollo: -- seconder agrees.
Chair Hardemon: -- agrees to that. Commissioner Gort.
Commissioner Gort: I'd just like to remind her that's the same process that was used to take it out of Park and put it back that was requested by the Commissioner at that time, Spence-Jones, to move it from the Parks to Asset, so I think we can do the same thing here if they want to put it back in Park, but there's a procedure that they have to follow. The people need to understand that.
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're saying that the procedure that the City Attorney recommended --
Commissioner Gort: Right.
Chair Hardemon: -- is the same procedure that was used by -- previous.
Commissioner Gort: Right.
Chair Hardemon: Okay. You're recognized, Commissioner.
Vice Chair Russell: Thank you. I just have a question for the City Manager, perhaps. Is it -- most of our community centers are managed through Parks Department; is that correct?
Mr. Alfonso: Most of the community centers that are in Parks, yes, are managed by Parks.
Vice Chair Russell: The Real Estate and Asset Management would be involved with the purchase
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or sale of those assets when -- if we were to acquire property for a --?
Mr. Alfonso: Yes.
Vice Chair Russell: And then is it customary to automatically, then, for the management to be handled by Parks?
Mr. Alfonso: Of a Parks facility, yes.
Vice Chair Russell: So this --
Mr. Alfonso: The Real Estate --
Commissioner Russell -- a community center would be considered like a parks facility?
Mr. Alfonso: -- and Asset Management handles the assets of all City buildings, so they -- whenever there's a asset to be bought or sold, that is real estate related, they deal with it; it doesn't matter what department it's in.
Vice Chair Russell: Yep.
Mr. Alfonso: Now, may I expound on -- a little bit, Mr. Chairman?
Vice Chair Russell: I need a little background. Thank you.
Mr. Alfonso: Yes.
Chair Hardemon: You may.
Mr. Alfonso: So this facility was moved under the direction of the DREAM, or Real Estate and Asset Management Team about three years ago under a previous Administration, under a different Commissioner at the time, and it was done at the budget cycle, because the City Commission approves budgets. Right now, the budgetary allocations of this department are inside of the Real Estate and Asset Management Department. When we redo the budget in the new year, we can certainly move that into the Parks Department. I have no objection to that. I know that there have been some allegations made as to what our intent is for the facility, and I have clearly stated that our intent is to continue to use the facility in the same manner that it has been used in the past. There is no intent to sell it; divest ourselves of it; make money with it. This is not a money-making operation. Now, when there is an event there, the people that have events there are asked to contribute to cover the cost of the event, to the extent that it requires so, but we do that with many of our other organizations, even in the Parks Department.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yeah, you're recognized, Commissioner Suarez.
Commissioner Suarez: Yeah. I still think my motion is valid, and I still think that it can be done in the way that I've just articulated it; the only difference is that maybe it was done in the past in a specific point in time of the year, and now, I'm asking that the motion reflect that we want to have it done now.
Ms. Bastien: That's it, that's it.
Commissioner Carollo: Mr. Chairman.
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Commissioner Suarez: That's it.
Chair Hardemon: You're recognized, Commissioner Carollo.
Commissioner Carollo: I agree with that. I don't think everything --
Commissioner Suarez: Yeah.
Commissioner Carollo: -- needs to be done during the budget process.
Commissioner Suarez: No.
Commissioner Carollo: It could be done, you know, as a stand-alone item, and I think that's what Commissioner Suarez and myself were asking. It doesn't have to wait for the budget, or the six-year -- six-month adjustment of the budget or anything like that. I think we could do it as a stand-alone.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Yeah. And let me just say that to the other issue of it being a revenue-generator, a park facility, or -- that debate. All our parks have a tension sometimes. And our Park director is here, and you have to be very mindful of this. The community is here for a reason, okay? Sometimes, the pendulum swings too far in the direction of trying to generate revenue from the facility versus letting the community use it. I'll give you an example. It happens to us -- and the Mayor knows this very well -- Bryan Park. We have a thriving tennis program at Bryan Park; however, sometimes the residents want to use the tennis courts. So, you know, you have to balance a very robust and good program for kids that's a nationally-recognized program for tennis with the fact that our residents own the park, too, and they want to be able to use the park. So, I mean, those are the kinds of things that we -- that's why being in touch with the community is so important, because if you're not talking to the community, you're not understanding what's happening. So --
Chair Hardemon: Commissioner Suarez, what I would recommend -- I know you tried to amend your motion to reflect what the City Attorney stated. I would recommend that you -- your motion more so reflect that what your original intentions were, and if it is not allowed by law, then the second part of your motion, which is what you did. So you're -- so basically, that you're covering --
Commissioner Suarez: Right, both bases.
Chair Hardemon: -- both of the assets.
Commissioner Suarez: That's fine.
Chair Hardemon: If you intend to do it in the first way, and if it's not allowed by law --
Commissioner Suarez: Yeah.
Chair Hardemon: -- then you would do it the second way.
Commissioner Suarez: So what I think the Chair is saying is that my original motion is that, immediately, the budgetary procedures that have to be taken at -- are immediately taken, so that the asset is changed from Department of Real Estate and Asset Management to Parks facility. If for some reason that procedure is not allowable under the law, then that such procedure be enacted under the -- you know, under the auspices of when it is allowed by law. Is that --?
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Chair Hardemon: Yeah, that's correct.
Commissioner Carollo: The seconder agrees. And, Mr. Chairman, if I could?
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you. I just don't see it being that big of a deal.
Commissioner Suarez: Yeah, exactly.
Commissioner Carollo: I mean, for the most part, I mean, I think we're just making it more complicated than it really needs to be. I mean, for the most part, most community centers are under Parks anyways.
Commissioner Suarez: Right.
Commissioner Carollo: So we're just moving whatever budgetary item for this cultural center into the Parks Department, and, I mean, as a journal entry. I don't think it's that big of a deal, but --
Commissioner Suarez: I agree.
Commissioner Carollo: -- with that said, you know, as Commissioners, I truly believe that we are the closest to the community; however, I have to admit that a lot of times, it helps so much when the community really comes out here, so that our Administration also sees, because, as Commissioners, we understand, but sometime, there's --
Commissioner Suarez: Legal matter.
Commissioner Carollo: -- some miscommunications between the Commissioners and all the knowledge that we have, because we're in direct contact with the community and the Administration. So I truly appreciate all of you coming here, because you could see the visual. Listen, it's important. It's just not a Commissioner, that, you know, is ranting, or has a whim; there's a reason for it. We represent you, so it's very important for the community to come out and have the Administration firsthand see, hey, this is what we deal with when your actions affect a community and the community comes to the Commissioners, and then we need to be able to somehow demonstrate that to the Administration. So it's really important that you all came out, and I truly, truly thank you.
Chair Hardemon: You're recognized, Commissioner Gort.
Commissioner Gort: I was here with Teele, and all the motions were made to create the park, and to create every -- in Little Haiti, because no one is -- I'm a great believer in using tourism, ethnic tourism. I mean, I'm the one that created Little Havana. I'm the one, through the Chamber of Commerce that we put the merchants together and created that. And I see the importance in this, and I'm glad you all are here. But also, you got to learn, there's certain criterias [sic] that we have to follow. There's rules and regulations that we have to follow, that we have to be -- abide by, because we're not making a decision here that doesn't comply with our Charter. I mean, anyone can sue us, because we didn't do it the right way. So that is important that you're here so you can learn about the system. A lot of time, people think that we Commissioners can do whatever we want. It's not really that easy, but I think I'm -- I'm glad you're here. I think you got probably a motion taking place; and most important, the Charter Review Committee, the Charter Review Committee, the Charter Review Committee, the chairperson.
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Chair Hardemon: Yeah. Commissioner Suarez.
Commissioner Suarez: (INAUDIBLE).
Commissioner Gort: Thank you. Yes, yes, but you all are going through a process in the Charter Review. They're making some changes. They need to maybe -- take the changes so you could -- you should take these things in considerations. And I've asked a lot of times, to instruct the Administration to the people what part of the Charter we can change to make it easier for all of us. Thank you.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Thank you very much. Yes, sir.
Commissioner Suarez: Sorry about that. I just -- the State representative was -- you know, we got to pay attention to Tallahassee, too, because every once in a while, we need them. So I apologize for that.
Chair Hardemon: Okay. So is there any further discussion? Seeing none, all in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
NA.2 RESOLUTION 16-00584 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE ADMINISTRATION TO NOT CHARGE ADMISSION FEES, USE FEES, OR OTHER COST OF ADMISSION TO THOSE UNDER THE AGE OF EIGHTEEN (18) FOR THE USE OF CITY OF MIAMI ("CITY") POOLS IN CITY PARKS; FURTHER DIRECTING THE ADMINISTRATION TO MAKE THIS POLICY KNOWN THROUGH POSTING AT CITY PARKS AND ANY OTHER MEANS NECESSARY TO INFORM THE PUBLIC.
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0191
Chair Hardemon: At this time, also, I think this is small housekeeping. I think we can do this, also, by a voice vote. What I'm asking for is a motion --
Commissioner Suarez: Move it.
Chair Hardemon: -- love to entertain a motion to remove the cost of admission to all of our public parks within the City of Miami for all juveniles.
Commissioner Suarez: Move it; no doubt, move it, without a doubt.
Vice Chair Russell: Second.
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Daniel J. Alfonso (City Manager): (UNINTELLIGIBLE.)
Chair Hardemon: The motion was moved and seconded that the cost of admission for all juveniles within the City of Miami --
Commissioner Suarez: Yep.
Chair Hardemon: -- for our parks, for our --
Commissioner Suarez: Move it.
Chair Hardemon: -- pools has been -- its nothing.
Commissioner Suarez: Move it.
Chair Hardemon: It's no cost.
Commissioner Suarez: Move it.
(Applause)
Vice Chair Russell: Second.
Commissioner Suarez: You had me at "hello."
Victoria Méndez (City Attorney): Under --
Chair Hardemon: It has been properly moved and --
Vice Chair Russell: Does this mean we don't have to swim race this year?
Ms. Méndez: Age 17 and under?
Commissioner Suarez: We were going to do paddleboard, so it's all good.
Chair Hardemon: Juvenile.
Ms. Méndez: So 18 --
Chair Hardemon: What is considered to be a juvenile?
Ms. Méndez: -- and under?
Chair Hardemon: A juvenile.
Commissioner Suarez: Correct.
Commissioner Carollo: 17 and under.
Commissioner Suarez: Yeah, 18 and under.
Leroy Jones: 18.
Commissioner Suarez: 17.
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Mr. Jones: 18 and under.
Commissioner Suarez: 17 and under, that's right.
Chair Hardemon: Under 18.
Commissioner Suarez: Under 18.
Chair Hardemon: In fact, you become a juvenile -- an adult at 18.
Mr. Alfonso: Mr. Chairman, I know that you haven't seen the agenda for next Commission meeting yet, but the midyear is in that budget, and there is a proposal to remove those fees, so.
Commissioner Suarez: Good. Awesome.
Commissioner Carollo: Do it. So --
Commissioner Suarez: We're on the same --
Commissioner Carollo: -- (UNINTELLIGIBLE) do it now.
Chair Hardemon: This is one thing --
Commissioner Suarez: Let's do it now.
Chair Hardemon: Can I have the Parks director come up, please?
Mr. Alfonso: Yes. Kevin.
Commissioner Suarez: So we're on the same page.
Chair Hardemon: I want to say that I expressed this to the Parks Manager, and I will give him praise, for he deserves it, because he agreed with me wholeheartedly. The fee that is nominal to many people is really prohibitive to others.
Commissioner Suarez: Yep.
Chair Hardemon: And so he agreed 100 percent --
Commissioner Suarez: Absolutely.
Chair Hardemon: -- that we should do it. I thought this was a good time to get it done, but I appreciate you and all the work that you are doing, and the work that we'll continue to do to restore many of our Olympic-sized pools, such as at Charles Hadley Park, so kids will be able to really appreciate the nature of the facility that they were granted.
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: I want to say thank you.
Commissioner Suarez: Well, first of all, I think it's great legislation, but we do have a great Parks director, and we're very blessed and fortunate to have him. What I will ask you, Mr. Park Director -- and I know that this is not a big ask, because I know the kind of person that you are, so I know I'm not asking for a lot -- I think we need to do community meetings in all our communities to see what the right balance is between generating revenue or having people rent
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out the facility, because we know that happens sometimes. For example, in Shenandoah, we have a cheerleading squad that rents it out to do cheerleading practices, so we want to give them access to it, as well; and letting the community use it for community meetings, homeowners associations; I mean, all the things that communities are built around. I think we need to do meetings throughout the City to get the right, you know, formula, and so that we don't have situations -- I've never seen -- I've been doing this now for six years, and I've been around the City for a long time -- I've never seen this many people come out in favor of one employee; never, never. So, I mean, I think that says something about the work that this person has done.
Chair Hardemon: Would you like to say anything? You don't have to, but --
Kevin Kirwin: If I could. Good morning, Mr. Chair and fellow Commissioners. Kevin Kirwin, your City of Miami Park and Recreation Department director. And we're big into listening, and I am, personally as a City resident, and I said to you before that it was an honor to come over and work with the City, so we're here to listen to residents, and we're here to make the changes that need to be made. And we don't work in isolation. I also want to applaud the efforts of the City Manager, and the Budget director, because we got in there and crunched the numbers, and do it -- doing what is right for our residents, so thank you very much.
Chair Hardemon: Thank you very much. All right. So the motion on the floor is to remove the cost of admission for all juveniles within City of Miami parks. Any further discussion?
Commissioner Gort: (UNINTELLIGIBLE).
Chair Hardemon: Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
NA.3 DISCUSSION ITEM 16-00585 DISCUSSION BY CHAIR HARDEMON REGARDING THE REMOVAL OF THE CITY MANAGER. 16-00585-Submittal-City Attorney-City Charter Sections.pdf
DISCUSSED
Vice Chair Russell: And I believe --
Chair Hardemon: Mr. Chairman.
Vice Chair Russell: Of course --
Chair Hardemon: No, no, you're the Chairman. I believe there's a discussion I think that needs to be had, but I don't know how far along we wait to have it. Certainly, I've never advocated for anything of this nature, as, in fact, I think I've always been reasonable, and have always sought to respect the dignity of employment, but I think the employment -- considering these facts, considering this outcry -- of our City Manager should be discussed. And for discussion, I will hope for a second as I move to remove our City Manager from his duties.
Vice Chair Russell: There's a motion on the floor to remove the City Manager. Is there a second?
Commissioner Carollo: Second, for discussion.
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Vice Chair Russell: Second, for discussion by Commissioner Carollo.
Chair Hardemon: Commissioners -- Commissioner Suarez, one thing I want to say to you is this: You talked earlier about a different form of government, and that government that would have the people's will heard more directly by someone who is our Chief Administrator. And, of course, that Chief Administrator you would speak of would be the Mayor.
Commissioner Suarez: Sure.
Chair Hardemon: The Mayor would be able to do the hiring and the firing of all employees and departments within the City of Miami. And I must admit to you that I've always been wary of that form of government, because who you elect is what government you receive.
Commissioner Suarez: Yep.
Chair Hardemon: You get what you elect in that sense, and I've always been so very cautious about that, because I felt that professional Managers are important. They're important, because they allow communities to function properly when you speak of water, sewer, safety, police, fire; things of those nature. And maybe it isn't in the best idea to have a person that is elected to have that responsibility, because they may not have that background. So just because they are the popular vote, they should not necessarily be responsible for our communities. And so I embrace this idea of this form of government, because it allowed some degree of certainty that I have a Manager that I respect; I have a Manager that I think is professional; that I have a Manager that will consider the professional responsibility he has in making his decisions moving forward. You can't escape from politics and policy, and here, what I've heard today is certainly an outcry from many different people in this community that I've never heard or seen before. I get letters in my email addressed weekly with the hirings and firings of employees in the City of Miami, and you don't hear a peep from anyone. I've seen top administrators that are of African-American descent fired from the City, and haven't heard a peep from anyone. So to hear a Manager for a cultural center, the hub of the cultural community in Little Haiti; the person that interacts daily with each and every one of the people here, and myself; a person that I've traveled with to Haiti, herself, and witnessed her interactions with the diplomats (UNINTELLIGIBLE) and everyone who are in Haiti; ensured my safety and everything in a place where many people wouldn't dare to travel; to see a person who fought to revive that center with all of her sinew taken away, despite the cries of the community, I think that the community has spoken about who they want to run that center. They voted for her. They're not voting for Marleine Bastien; they're not voting for Gepsie Metellus; they're not voting for Representative Daphne Campbell. They're not asking to be a part of the next decision-making body. They're asking for her. And when I consider these things and I hear the deaf ear of a Manager who wouldn't consider this community's outcries in the face of the issues that Little Haiti is going through, knowing where the promise of Little Haiti is going, I'm appalled. And to close, when the Greater Miami Convention & Visitors Bureau promotes Little Haiti and they show her face, and people travel from all around the world and say, "Where is that lady that I saw on the video? Where is that lady who had the sugar cane? Where is that lady who had the coconut? Where is the lady with the locks in her hair? Where is this lady who is the face of this Little Haiti community?" I couldn't dare be the one to tell them, "I allowed our City Manager to remove her." And if you think that this type of issue only happens in Little Haiti, you must not have heard the cries of Little Havana just a second ago.
Commissioner Suarez: Call the question.
Chair Hardemon: Mr. Chairman.
Vice Chair Russell: Thank you. The gavel has been passed. For those of you -- should know not to leave the movie before it's over, or the basketball game, or City Hall. For those of you who
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aren't -- who had left, there is currently a motion on the floor to remove the City Manager. It's been seconded for discussion. I certainly don't want to take this lightly, and I would like us to discuss this as Commissioners very deeply. I'm the newest among you. I'm the freshman here. Your history with our Manager is much deeper. I have not agreed with many of the decisions that the City has made, even over the past year before I was in this seat. And often, more than the decision that was made, my issue has been with the tone. But I have put faith in our City Administration. I do trust our City Manager. When he makes the choice -- and you heard him earlier -- and he stands by his decision, I must believe that he has very strong reason, knowing what he's facing from the public; knowing now what he's facing from us that he must have very strong reason for this firing. I certainly don't agree with the method in which it was done. I know for legal reasons and within the Florida hiring laws, the labor laws within Florida, an at-will employee can be terminated without reason or cause. But knowing what he's facing before him now, because of this method with which this firing was done, and the public outcry that has put pressure on us as elected to basically answer for that, I really want to have a heart-to-heart with our Manager right now. This is our chance to really understand why we're here today. I mean, maybe this is a long time coming for some of you; I don't know. But it feels like right now, this is being taken in a very emotional way as a knee-jerk reaction to a very serious issue. And I don't take the firing lightly of Ms. Sandy at all, but I don't know the background. I haven't been briefed, as Commissioner Suarez said. I don't know what serious issue is behind this termination, and so I'm left to be making a decision without all the facts. To make my Manager be held accountable for that is a tough call to make. And even though I don't agree with the way he may have terminated her, I at this moment am probably not ready to terminate my Manager, based on this issue, not knowing all of the facts. I want to take the time, whether it's here in front of this dais or it is directly with my Manager and our HR Department, and the DREAM Manager, director of DREAM to really understand what happened here, and that's my initial thoughts on it. Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. I think, to use something that the Manager said, a decision like this is not one that you take lightly. A decision to hire or fire anyone is not one that you take lightly. I will say something that -- just to also jump on something that the Chair said -- that, you know, because we talked a little bit about structure of government, and there's been some talk about Charter review and Charter reform, and what we've seen here today is that the people who are sensitive to the plight of the voice of God, of the people of this community, are the elected officials. They're the ones that understand and see the sensitivities, because what we're talking about is not only a decision. He's right, he's got to make a lot of tough calls. I don't envy that position. I don't think that position should exist in the way that it is. I don't envy it at all. I said that about his prior -- about his predecessor. To me, it's about the process. To me, it's about the process. And I had a pocket item that had to do with a couple of items that were, in my opinion -- one of them was the flex park, that we were told it was going to be done within a certain period of time. It just wasn't done. We weren't even spoken to about it, as Commissioners. The other one was a Solid Waste contract. We were asked by the Administration to let someone into the process that hadn't been in the process, and then we find out after the fact that they had extended a contract to that person without consulting the City Commission, when the City Commission had said to do something else. So to me, the concern that I have, the grave concern that I have here is a process concern. You know, I'm starting to see a pattern of making decisions without consulting the elected officials that should be consulted on issues that intimately affect the community. And this just happens to be the most dramatic example of all of them. So to me, I don't know what -- well, I could tell you that I'm not happy with the way the process has been handled at all, so I'll tell you that. And, you know, we have a -- what we've talked about here is our limited powers; our very limited powers. But this is one of the powers that we have, and so, you know, we have to maintain an integrity in our process in how we do business, and that the signal always has to be that they're our bosses, and that we respond to them, and then we can only take the actions that we can take under our purview. And I think that, to me, is the guiding philosophy for making some of these decisions as Commissioners; they're not easy decisions. We had to fire a Police Chief here once. That was not an easy
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decision. It was 22 hours of hearing that we had to deal with all our dirty laundry as a city; very painful, very ugly, very unfair. But there's a lot of unfair things that happen, and, you know, I'm just seeing a pattern that I'm very, very, very, very concerned about from a process perspective where decisions are being made after the fact, and people are not being consulted; the right people are not being consulted. The decision may be a right decision, but the process that's being followed to make that decision is a problematic process.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman. Chairman Hardemon, I second your motion on the firing of the City Manager with a caveat that I wanted discussion, because this isn't a knee-jerk reaction. At the very least, we should discuss this, because it's the only thing that this Commission actually can do, as I asked the City Attorney to put in the record, it's nothing else we could do with regard to any reinstatement. And at the same time, you know, Commissioner Suarez mentioned -- and is correct -- this isn't the only incident that has occurred where there's a lack of communication. And, you know, I -- the word that I like to use is "discretion." Discretion; which I had to learn at a very young age. As most of you know, at 20 years old, I was in the Police Department, and I was out there with a badge and a gun, and I had to learn discretion at a very, very, very early age. Discretion. Just because you could do something doesn't mean you have to. So just because you could fire someone and not have to tell anyone doesn't mean that you should, because, in all fairness, as I mentioned before, the Commissioners arguably are the closest to the community, and on many occasions, the community comes right to us. Chairman Hardemon, you're very correct; the Little Havana community also saw something that they were not pleased with. They asked to come forward, and that was a personal appearance that came before us. And again, what they wanted was communication. What -- the different issues that occurred that they were not happy with, I had no knowledge of. I had no knowledge of. And that continues to be a problem where -- between the Administration and the Commission, there's a lack of communication. Commissioner Suarez, you're bringing a pocket item. You know I'm not very fond about pocket items. I think it should go through the five-day rule and all of that. You don't know how much I welcome that pocket item, because I read in the newspaper with regards to the flex park. I have the minutes, I have the agreement. It clearly stated that we were going to have a flex park 31 days after the boat show. Mr. Manager, I understand you may want to go in a different direction. You know what? I welcome that you want to go a different direction, but it's not within your purview to go through that direction and not discuss it with the Commission when my vote was based on what was promised on the record from your Administration. So, listen, I'm not here for bashing anybody, for berating anybody. I mean, in all fairness, I try to have as much of a good relationship with you and your Administration, a professional relationship, because I understand that we have to work together, and I have tried as hard as I can to do that. However, I think, especially if a Commissioner up here, one of my colleagues, wants to have the discussion with regards to which direction this City Commission wants to move, I definitely feel that we need to have this discussion. And again, you know, communication goes a long ways. Commissioner Suarez, it's not just about the flex park; it's not just about the waste hauler. It's about our unions, too; our Police union. You know very well that we could be a lot closer to coming to a negotiation with the Police union, with the Fire Department. You know, these are employees that, realistically, when we -- most of us that are here -- where we had to make the tough decision of financial urgency --
Commissioner Suarez: That's right.
Commissioner Carollo: You know, you know realistically who took the largest hits. It was our employees. We've been to executive meetings together, as per the Charter or the law. We know -- I know you have to know that realistically, we really should have a contract already with our unions. Why that hasn't happened, I'll keep my comments to myself, but I really do believe we
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should have already contracts with our Police Department, with our Fire Department, and it just -- there is a lot of issues that I feel could be handled much differently, much better. And again, this has been a Commission that has shown time and time again that they listen to the community. And the only thing, the only thing that we could do is what we've done right now. And we're listening to the community, and you heard me just a few minutes ago, my asking of the City Manager to listen to the community, just like we all do. With that, I'd like to listen to the rest of my colleagues. Thank you.
Vice Chair Russell: Commissioner Gort.
Commissioner Gort: Chairman, let me tell you, I agree with you and the statements you made. I can see the people here are very -- feel sad about the whole thing, but I have not heard -- the Manager has a lot of pressure, not only from the community that's been here today, but the Commissioner, the Chairperson. But he stated that although he has discretion, he had his reason not to do what we suggested; that he get together with her. He feels very strongly that he can't. I really believe the City Manager has done a great job for the City of Miami. We might not be, some of us, not very happy with some of the decisions that were made or resolutions that have been brought to us, but I think he has done a great job, and I think he has tried to work very closely with the Police and the Fire, and so on. And at this time, I'm not ready to vote for it.
Commissioner Suarez: Mr. Chair.
Vice Chair Russell: Yes, Commissioner Suarez.
Commissioner Suarez: Yeah. And my -- let me just be clear. You know, my frustration is not as much on the decision that he has to make; that's his job. His job is to make these decisions. My frustration is, and I think a big frustration with the community is the process. You know, why are -- isn't there better communication? Why, you know, on issues where if -- like Commissioner Carollo said, I have to give him credit -- if you're not going to follow a Commission directive, come back to the Commission and say, "Look, I can't follow the Commission directive. This is the reason why I can't do it." And I think we're very reasonable. We've always been very reasonable and understanding of -- you know, we voted on something. I think we all voted on, in part, on the boat show, and bringing the boat show to Miami, in part, on -- I know the district Commissioner made a big part -- a big plea for it -- in part on the fact that that flex park was going to be operational within 31 days. But to me, the issue isn't us being upset about a decision. It's really -- to me, it's not even about the decision. To me, it's about the process, and a lack of good process here that's a pattern. So -- and it does go back to some of the labor negotiations, as well, as he said, because I heard many complaints, not only about -- you know, because I really do think we could have and should have a deal in place by now. But aside from that, it's how do you treat people in that process? How are people being treated in that process? And to me, you know, I've been having many conversations with the Manager about things that I think he could improve on in terms of his process, you know, and it's just frustrating to see it happen over and over and over and over again. So I don't -- I agree that he's got tough decisions, and I don't -- again, I don't begrudge him for that, but it is frustrating to see this pattern of a good process not being -- a communicative process not being undergone before making some of these decisions that are important to members of the community.
Chair Hardemon: Commissioner, Chairman.
Vice Chair Russell: Yes, Chairman Hardemon.
Chair Hardemon: You know, there is also the -- I've also experienced many times within the process where we've had issues: the Miami River Project; the project where -- just went before referendum. I mean that -- the process was really being questioned as to how a company that won a bid would all of a sudden then, as I understood, under the direction of the Administration,
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have to go through another process for them to bid again. We've seen issues with -- it took a year for us to really truly handle the issue with our rental car agreement, you know; an issue that -- the numbers were there, they always made sense, and it continues -- the City continued to waste money, half a million dollars in order to get to the resolution that I thought that was clear from the dais. You know I don't micromanage anybody; not anyone on my staff, nor do I micromanage this Manager. And what I try to do is just at least give what I think are the things that are important to consider, and hope that the person that is responsible taking it on -- taking on the information comes with a decision that makes sense, and I just haven't seen that occur the way that I would like for it to occur. When we talk about at-will employees, and we talk about employees that are under the guidance and the protection of our bargaining units, we now can -- we now know why the bargaining units fight so hard to have more people included within them; I mean, that peace of mind, that protection. We now know why you have so many boards and organizations that are -- that decide whether or not a decision that was made by the Administration was fair and just. My mother is a City of Miami police officer. My mother was fired from the City of Miami Police Department when I was in college. She had to refinance her house. She didn't get another chance because of the Commission. She got another chance because bargaining units were there for her. They fought for her while I was in college trying to make an education to come back to do the same thing that I'm doing right now, which is defend the people that are the least of us. She was fired because she grew up in Liberty City, and the people that she dated and fell in love with grew up in Liberty City. And because of the decisions that they made to go here or there, because of the effect of poverty, when they were arrested for crimes, and served their time, and came back to this community, deciding to do something like give back, they said to her, "You can't be with him."
Commissioner Suarez: Call the question.
Chair Hardemon: That to me is the travesty in this all, and what I'm saying to you today is this: I'm saying to you that how you treat the least of us determines how you treat -- to me -- all of us. And just because you can fire someone immediately doesn't mean that you do it immediately. You can do it in two weeks. You can give them notice. You can give them training. You can respect the fact that people have lives. Yes, it's a hard decision, but how you get to that decision I think is most important, and that's process. Can't respect the process, because the process was not considerate. And if I wasn't elected to this position by these dear people, I would be just another Negro in Miami, moved out by this unfair system.
(Applause)
Vice Chair Russell: Decorum.
Unidentified Speaker: Game over.
Vice Chair Russell: Please hold your applause. Show your support with your hands, thank you. Further discussion?
Commissioner Suarez: No.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: Yes, Commissioner.
Commissioner Carollo: Madam City Attorney, what's the definition of "insubordination"?
Ms. Méndez: The definition of?
Commissioner Carollo: "Insubordination."
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Ms. Méndez: I need to first start off by saying one thing before I define that. Remember that there are certain provisions in the Charter with regard to removal of the Manager, and that process is as follows: It would either have to be a removal by the Mayor; or a four-fifths vote of this Commission. So I first wanted to bring that to your attention.
Commissioner Suarez: I don't think that --
Commissioner Carollo: Madam City Attorney, are you sure about that? I believe it's three Commissioners --
Commissioner Suarez: I think he's right.
Commissioner Carollo: -- and then the Mayor can veto it, and then four-fifth to override.
Commissioner Suarez: That's correct.
Ms. Méndez: That's if the Mayor were to bring the act of asking for the Manager to be removed. In the City Commission, by a four-fifths vote --
Commissioner Suarez: Another reason why we shouldn't have this structure of government; can't even figure out how the process works.
Vice Chair Russell: Please continue. Please continue.
Ms. Méndez: "The City Commission, by a four-fifths vote of those City Commissioners then in office shall be able to remove the City Manager." That is one provision, pursuant to the Charter. And then there is the main provision under 237, which is "Removal of the City Manager by the Mayor." And also note that the Mayor can veto whatever legislation you pass by four-fifths. If the Mayor -- the process that you're describing is if the Mayor were to do the removal.
Commissioner Carollo: Is the Mayor here? Mr. Mayor, are you here?
Vice Chair Russell: Madam City Attorney, could you clarify that? In order -- the resolution that's on the floor -- the motion right now is to remove the City Manager. In order to pass that resolution, we need a four-fifths vote; is that correct?
Ms. Méndez: Four, four of you, yes.
Vice Chair Russell: And that four-fifths vote is or is not veto-proof by the Mayor?
Ms. Méndez: It could be vetoed by the Mayor.
Vice Chair Russell: It can be vetoed.
Commissioner Suarez: And then it would come back, and then we'd have to vote again. And if we have four-fifths, we could override the veto if it were --
Chair Hardemon: Can you pull up the Code so we can read it ourselves?
Vice Chair Russell: Would a --
Ms. Méndez: Yes.
Vice Chair Russell: -- five-fifths vote be able to be vetoed?
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Commissioner Suarez: Any vote of the Commission can be vetoed.
Vice Chair Russell: It can be vetoed, but they bring it back?
Commissioner Suarez: It comes back to the Commission.
Chair Hardemon: Please have somebody from the City Attorney's staff to pull up the ordinance.
Ms. Méndez: Yes, we're getting you a copy now.
Vice Chair Russell: I'm sorry. This is about removal by the Mayor. What about removal by the Commission?
Ms. Méndez: Wait. I'm getting it now, Commissioner.
Vice Chair Russell: Okay.
Ms. Méndez: I'm making a copy of the second section now, with the Commission removal.
Chair Hardemon: Madam City Attorney, this talks about the powers and duties of the Mayor, so it talks in reference to the Mayor first deciding to remove the Manager; then the process in which the Commission must engage upon once the Mayor makes that decision. Is there a section within our Charter that speaks specifically about the Commission, itself, moving on its own authority to remove the Manager? That's the section I'm looking for.
Ms. Méndez: Right. The section -- the one -- the two-pager that I gave you with the parentheses one, that shows the normal process, and then there's additionally --
Vice Chair Russell: The last sentence in number 6.
Ms. Méndez: -- the last sentence, that's an additional different provision. That's the one that applies to the Commission.
Vice Chair Russell: So by "additionally," you read that to mean independently of the Mayor's ability, or decision to dismiss. "Additionally, the City Commission by a four-fifths vote of those City Commissioners then in office shall be able to remove the City Manager."
Ms. Méndez: Correct.
Commissioner Suarez: I don't have that page.
Chair Hardemon: Is this the only section within our Charter, in the Miami Code --
Ms. Méndez: Yes, Chairman.
Chair Hardemon: -- that speaks to removal of the Manager?
Ms. Méndez: Yes. Those are the only two sections with regard to that. And to clarify the question -- I'm sorry, Commissioner Carollo. I just had to put that out there --
Commissioner Carollo: Understood.
Ms. Méndez: -- before we continued. For -- with regard to insubordination, you ask a very good question. It's pretty much disobeying an order, defiance of authority, or refusal to obey orders.
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Commissioner Carollo: So, Madam City Attorney, if this Commission votes on -- let's use the example, flex park -- that, yes, we are agreeing to the boat show; however, within "X" number of days, we are doing this, and this is what is expected, it is what's written; it is what's being represented by the Administration, in their own words, in the minutes. And the Administration doesn't follow what was stated, would you consider that insubordination?
Ms. Méndez: Unfortunately, no, because insubordination is disobedience; synonyms, and disobedience, unruliness, indiscipline, bad behavior, misbehavior, misconduct, delinquency. Those are the things that mostly go with insubordination.
Commissioner Carollo: I'm not the attorney. I'm not the attorney up on the dais. However, if this Commission unanimously votes on an action, doesn't the Administration follows that action, and not doing that action constitutes insubordination?
Ms. Méndez: There --
Commissioner Carollo: Because it's my understanding, this Commission voted unanimously for an action. I was in the (UNINTELLIGIBLE) that action was going to happen. I am very -- let's just say disappointed -- to read about a bait and switch, or what is considered a bait and switch. So if this Commission votes on an action, and the Administration says, "This is the action that will be followed as per the vote of the Commission," and that action does not take place because either we feel we need to go in another direction, or we thought that supposedly, we should go this other direction, isn't that insubordination?
Ms. Méndez: I apologize. Once the --
Commissioner Carollo: Shouldn't that come back to the Commission for a vote?
Ms. Méndez: It has to be willful disobedience, done willfully; that is what "insubordination" -- it has to be a willful action that was done in order to disobey your order; not necessarily that something was not done for reasons -- for plausible reasons or --
Commissioner Gort: The circumstances.
Ms. Méndez: -- circumstances, as Commissioner Gort has said.
Commissioner Carollo: Okay. You are our City Attorney. I may disagree with you, but the bottom line is that I believe that we have mentioned from various Commissioners the lack of communication on what this Commission has voted on and what has occurred.
Commissioner Suarez: And I'm going to just chime in, because I feel the need to. If the Commission passes a piece of legislation or a resolution, and it is ignored by the Administration, that's insubordination. I'm sorry; very simple, okay? That's insubordination. Whether it's insubordination that we want to excuse; at some point in the future, we say, "Look, you had a good reason for it," or not, you know, that's on us. My problem here is, again, it goes back to -- and I'm going to keep using this word -- the process. We have a process by which we do things, and which we govern ourselves. We have a Charter, which is another process, which I think is a damaged process, okay? But what I'm saying is when we enact legislation, the expectation is that it's followed, and if there is a reason why it cannot be followed, that's okay. We're all human beings. Everyone here are human being; nobody's perfect. And there are things that sometimes, you, in good faith, commit to do at some point that you later on discover that you cannot fulfill, for whatever reason; it happens. But then you have an obligation -- we have Commission meetings every two weeks, okay? We can have special meetings. You can brief with the Commissioners every single day. You have an obligation to come back to the body that enacted
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the legislation with those component parts and say, "Commissioner, we can't do this, and this is the reason why we can't do it," okay? And that's the problem, okay? So, to me, there is a certain insubordination. The question is whether it's something that we're willing to overlook or not. And I think the Manager, to his credit, has been very good on a variety of other issues. You know, I don't think that, you know, these specific issues that we're citing are the only things that the Manager does. The Manager has to do a lot of things. He has a very, very complicated job -- balancing our budget -- I mean, he's been very strong on a variety of different fronts, but these issues are process issues, and I'm not the only person that's concerned about them, okay? And I think that, you know, I -- even if someone doesn't agree that it's so -- that it rises to the level of terminating the Manager, I don't think there's a Commissioner here that's not concerned with these process issues that I'm articulating. I don't know -- if there is someone in here that's not concerned with them, then please let me know, but, I mean, I think we're all concerned that when the Commission speaks and the Commission acts that those -- that that has to be followed, and if it's not followed, or if it can't be followed, then, again, that happens, but you need to come before the Commission and follow the process and say, "Look, Commissioner, I can't do this," you know, "Commissioner," you know, "we can't" -- "we feel that we need to protect the City on the solid waste issue. We want to protect the City, so we're going to extend under the current contract. We want" -- "we're doing that to protect the City." That's a good objective; protecting the City is a good objective. That's not -- it's not -- again, I don't have fault with the decision, necessarily; I have fault with the process, you know. Inform the Commission. We made a very, very declaratory, very clear statement, okay? Very clear. So if you can't follow it for whatever reason, come back to us, because then, what's in doubt is, "Who's the boss? What is the flow here?" You know what I mean? "Who's in charge of what?" And the community will come to us and say, "Hey, you're not in charge; we can't talk to you," you know, because, "You can listen to us, and that's great; and you can do things, that's great," but then, ultimately, what happens? What are the consequences at the end of the day?
Ms. Méndez: You have articulated and you told Mr. Manager and myself when we had the discussion. I think it is very crystal clear, and the Manager and I understand who is "the boss," and it's the five of you, so --
Commissioner Suarez: You know what? No. It's them. They're the boss.
Commissioner Carollo: Yes.
Commissioner Suarez: Okay? They're our bosses.
Commissioner Carollo: Yes.
Commissioner Suarez: We're an instrument of their will. We're not the bosses. They're the bosses. The problem is, sometimes, because of the procedures and the processes, we can't implement their will, and that's the prob -- that's the frustration from our perspective, but we're not the bosses, okay? We just happen to be the instrument of their will.
Ms. Méndez: Understood.
Vice Chair Russell: This is a --
Chair Hardemon: I want to note --
Vice Chair Russell: Please.
Chair Hardemon: -- Commissioner Carollo, I can appreciate you talking up the issue of insubordination, and what you were doing was providing another reason why you felt that this type of action can be justified. Commissioner Suarez, you did the same thing. You named issues
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that you believe that were important enough to discuss at this junction, because these are issues that all of us feel, and issues that we, in our positions, get pressed about every day that we go to the grocery store; that we walk our streets, because, unlike the City Manager, we're -- we are required to live within the City of Miami, and when you do that, these faces you see every single day. And you won't be able to enjoy your quality of life, because you're making theirs very difficult. But the one thing that I don't see in these documents is a reason -- a need, rather -- a necessity to define the reasons why --
Commissioner Suarez: No.
Chair Hardemon: -- we have to let him go.
Commissioner Suarez: We don't have that, on top of everything, right.
Chair Hardemon: He's a employee at will, just like the other employees that are at will.
Commissioner Gort: Yeah.
Chair Hardemon: So why is it -- although I think it is good to have the discussion about why it is that we think that this Manager may not be the best for us, or may not be the best for the direction that the City of Miami is going, it's not necessary. But the reason we're doing this, this discussion that Commissioner Carollo seconded is because it is the prudent thing to do. It is the responsible thing to do. It is necessary to discuss what it is that we like and we don't like before we make such an important decision to affect someone's life.
Commissioner Suarez: Agreed.
Chair Hardemon: Right?
Commissioner Carollo: Mm-hmm, mm-hmm.
Chair Hardemon: The same way as this issue of termination was brought to his desk, and he reviewed some things on some papers and made his singular decision about this, without consulting the community is the same way that we're sitting here, saying, "Hey, instead of going that route, let's talk about this together to see what this effect would be on all of us," and that's the procedure that you speak so eloquently about. You know, I don't know if we have four-fifths up here for this action, but I didn't need four-fifths. All I needed was a second, because that second gives us the ability to discuss this matter.
Commissioner Carollo: That's right.
Chair Hardemon: I agree with my Commissioners to the right of me. This is serious. These actions cannot go without being questioned. And I don't know where this is going to go for me. Commissioner Carollo, when I first came about, you described this thing called a penalty box. It was funny. I don't know if, because of my action today, us in District 5 will have a much harder time at getting things done. The reason these people to the left are standing are -- because they're standing with the Manager, because the Manager gave them their jobs. These are the people that make it work in the City of Miami, and much of them are very good at their job, but like all of you, they will fight for it. They will fight for it, because it is their jobs that are on the line. And sometimes, fighting for it could mean harming an individual that sits up here. There are people that are watching this presentation that may want to now give a reason why any of us advocating for our community shouldn't have our freedom to do so. These are the people that start investigations. These are the people that dangle over your head ethics and all of these other considerations. These are the people that print or use ink by the barrel. These are the people that it's impossible to fight. These are the people that really frame your position about
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issues. So when we make a motion like this, you don't make it without consideration of these issues and these things. And so, I did this in a position because I want to show you all that I agree with you, and in this position, I have to be selfless. This was my sacrifice. My sacrifice was my privacy, was my time, and was my ability to walk amongst this community with anonymity. And this decision that I made to make this motion further complicates that issue, and I want you all to really understand that. At an event in Liberty City recently, I told you that this position is what's most important; not Keon Hardemon. I merely am here to protect this position. There was a time when this district-wide seat did not exist. There was a time when there could never have been a Commissioner Francis Suarez; there could have never been a Commissioner Frank Carollo; there could never have been a Commissioner Wifredo Gort, because there were no districts. You were not guaranteed representation from people that were a part of the community that you were raised in. That changed. When you speak about gentrification, many of us talk about losing the character of our communities, but what you will ultimately lose is your representation, because when that community changes, the seat that has traditionally been there to represent you will also change. So this is big, because this talks about who is it that sits here that's going to advocate your position. If you are the boss, then those that are in this position must listen to you. If you are the pseudo-boss, and you're not electing those people who represent your will, then this Commission will never go your way, because three votes are too easy to come by.
Vice Chair Russell: Thank you, Chair Hardemon. They say to be a City Commissioner, you only need to know how to count to three; don't need to be that smart. Today, we need to count to four, and I'm sort of reading the tea leaves up here, and seeing where this is going. Commissioner Gort has expressed he's not ready to vote on this, yet. We have a motion and a second to my right; possibly a third vote there. I ran in this -- for this chair, for this position, because I want to improve transparency in the City. I want to improve public notification, public involvement, and process, more than anything. And as I've said, I absolutely do see the errors of our management in recent times in the decisions, the way things are made, the way things are conducted, the way things have been -- the way relationships are managed within our community, within Miami and with our neighbors, and with this Commission. My vote could be that fourth vote. Our Mayor, of course, could veto that vote, and then we'd be back here again. But I'll tell you what, I'm not going to be that fourth vote today, because I'm going to give our Manager what maybe Ms. Dorsainvil did not get, because you want to do unto others as you would have them do unto you. So today is not about getting justice for Sandy by asking for the head of our Manager. I won't get caught up and make an emotional decision. But, Mr. Manager, this is your "Come to Jesus" moment with this Commission in terms of transparency, communication. I want to know what's coming down the line, not when it's put on the agenda, but when you're thinking about it. When it comes to even the flex park. We're under a lot of fire this week, and our knee-jerk reaction could be to blame the Management, and just get it over with and start fresh. But I've met with you to find out what is the plan, and what could we do. I've helped you come up with -- try to come up with some solutions on how we can activate the public use of that parkland immediately, quickly. I've met with the Mayor of Key Biscayne, and she's onboard with that, too; if we would just prioritize the public access and use. So rather than coming up here to fire you, I want to say today is going to be a new day on how we work together; the Administration, the elected, and the public. There's going to be a lot more transparency; otherwise, we will be back here very quickly, and it won't go as long as this; it'll be a very quick decision. Before we take a vote, I see our Mayor is here, and, of course, I'll give him the floor. And as this is a resolution, this action needs to be open to public input, as well. But that's my position, so it seems that you're safe for today. We will take the vote, but first, I'd like to hear from our Mayor.
Mayor Tomás Regalado: Thank you, Mr. Chairman. And I went out for a minute, and I wanted to return; not only to listen to you, but also to talk to you. You are my colleagues. I sat where you sit. I was more frustrated than you are. During the past Administration, information was withheld. As a matter of fact, we have a case pending at the Securities Exchange Commission,
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which you all have to probably approve a lot of money in fines, because information was withheld from the Commissioners that were sitting there; misinformation was given. Things were done. The global agreement was done at -- in closed doors with the former Mayor and the Mayor of the County and the Manager of the County and the Manager of the City. No Commissioners were able to participate. And by the way, we are paying for the sins of the past. And I was accused by this Commission in early 2010 of instability, creating instability in the City of Miami, because of the turnover of the Manager. For the past three and a half years -- and it was very unfortunate that our Manager, Johnny Martinez, had to resign because of health situations, and probably he -- maybe he would have been here. He just had a major surgery, and thank God that he came good of that surgery, but his health was difficult; if not, maybe he would have been here. He brought Danny from the County, and he made it CFO (Chief Financial Officer). And in the last three and a half years, four years, all that we have heard is praise from the national media, from Wall Street, you know, that all of us did a great job, because now, the fund reserve is at what the Commission established when I voted for more than 10 percent, because we have surplus, because we're trying to do capital things. And it seems that one issue triggered this conversation. I can tell you that as Mayor, I can make a commitment that we are going to be more proactive in communicating. I think that that's important. I would love to participate in many briefings with you, I do. Yesterday, we spent two hours, and I'm very glad I did, with the Chairman on the briefing and with the City Attorney and the City Manager. But I think that if today, you're judging the Manager on one issue -- and I know that you're not, because you have said -- I think that it's important that we recognize that we have a great Police Department. Yes, we need to do more. We need to do more about the homeless. We need to do more about crime; that we have a Fire that is fantastic. Yes, we have to do more; that we have Capital Improvement. Yes, we have to move faster. I, myself, am anxious to get the Southwest 8th Street Calle Ocho Project going. I understand transportation is an issue; although, it's not our responsibility. It's our moral obligation to do it; that's why the Administration created the Office of Transportation. Yes, we have to do more, but I think that trying to fire the Manager, it won't solve the problem; it would complicate the problem. It would create more instability. Commissioner Carollo and Commissioner Suarez accused me of creating instability from those seats in 2010, 2011, and we have been able to navigate with stability. And I just want to give you my commitment that we are going to be more proactive. As a matter of fact, I work full-time. I don't have a second job. I am not a consultant. I don't do anything outside City Hall. I just work for the people of Miami, so I have plenty of time to do whatever we need to do, and I will; and I will do more. So I ask you not even to vote. I ask you to withdraw the --
Chair Hardemon: Mr. Vice Chairman.
Mayor Regalado: -- the resolution, if you want to. If you want to go ahead and vote, just to send a signal, tomorrow, I will veto it. I will veto any resolution. Even if it's five votes, I will veto, because it's my moral responsibility. So I just ask you to give us a chance. I think that we have been, as the Administration, doing a great job. But I do think that the things that saved the City was not only the Administration; it was because of you guys, because you took actions with courage, and you defied groups of interests and important segments, and we all did the right thing. We did save Miami. Now, the question is, do we want to move forward with stability, and do we want to work together? I heard Commissioner Russell saying that he wants to do that; that this is -- probably, this is a new beginning. But if you want to vote, fine. If you have three votes, I will veto. If you have four votes, I will veto. If you have five votes, I will veto. As a matter of fact, Madam City Attorney, when we -- when Mayor Carollo fired Donald Warshaw, there was an ordinance that we passed that the Manager stays for 10 days -- right? -- to start the process; and then the Mayor has the authority to appoint a new Manager. And so, if there is a majority, the Manager will stay for 10 days, and at the ninth day, I will appoint Daniel Alfonso as the new City Manager, and you will come back here.
Commissioner Suarez: Mr. Chair.
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Commissioner Gort: Mr. Chair.
Vice Chair Russell: Just a moment. Thank you, Mr. Mayor.
Mayor Regalado: Thank you.
Chair Hardemon: Mr. --
Vice Chair Russell: Chair Hardemon, and then Commissioner Gort, and then Commissioner Suarez.
Commissioner Suarez: Thank you.
Chair Hardemon: Correct me if I'm wrong, Madam City Attorney, but the process that he described is a different process that is started -- that is initiated by the Manager or the Mayor, and not the Commission, so they're very two separate issues. However, I would like to say that, Vice Chairman, I was moved by what you said. I was moved by what you said, because that is what this community has been asking for; a second chance. I can't have a conversation with you about the things that may disappoint me within the City of Miami that we potentially vote on, because of sunshine laws. This is our time to really talk about those things, no matter how difficult that discussion may be. So I appreciate Commissioner Carollo for allowing me to have this discussion. Mr. Alfonso, your story, in and of itself, is powerful. I've sat with you. I know your journey. I know who you are, and I'm impressed by the man that you are; not just in your intellect, because you are more than capable of doing anything that this Commission gives you to do. I'm impressed, because I know that in your heart, you believe in the team. In your heart, you believe in doing all that it takes to protect your brother. You risked your life to demonstrate that; the same way that my mother risked hers. And so, I appreciate you much more than you know. The things that we're talking about are merely things that we have issues with, and this is the only way to do it. When it comes to balancing this budget, you're a master. You've hired some great people that are very willing to help anyone that I've ever seen approach them. Just today, Mr. Ihekwaba -- I think I pronounced it correctly -- said something to me as he passed me in the hallway that demonstrated his need and his willingness to help. He didn't have to do that. It wasn't on his desk; it wasn't a direction. It was just something that he said, "Hey, if you need help, reach out." You've made good decisions to help bring this city to where we are today. You've demonstrated tremendous, thought-provoking discussions amongst not just your staff, but us, on this dais, in public and in private. I know you can do the job. I know you're more than capable of doing what it is that we ask you to do; that's why you were approved to be here. There's a thing that you know of that everybody here has been a part of, and they call it "culture." And in the industry, you call it "corporate culture." And many times, when we're making decisions about who we want to be a part of our organization, we say, "Well, does he fit our corporate culture?" And what the community is telling us is they want a culture where, when we're going to let go someone who is -- and I'm not speaking of a person, but a position -- when you're going to let go of a position, someone who's in a position that is close to their community, that we give that person at least an opportunity to make it better; at least some time to get their affairs in order; that when you have an issue that comes before this body where we vote on an action, and you come to us and you respond with why you can't follow through with that action, instead of retroactively having to get our approval for it. I personally hope that we can continue to build upon our relationship, because that's the type of man that you are. And I imagine you to be a man that will fight me right here, and at the end of the fight, shake my hand and we move upon the rest of our job duties, and support each other moving forward. I would never undermine you; that is not my intention. I don't treat any of these employees any less than I treat you. There is not one employee here that can ever say that I treated them poorly. I don't dismiss them. I don't say anything negative to them, about them, or about anyone that they work with. That's the type of man that I was raised to be. And because of the man that you were raised to be and your actions, and because I respect every single one of these Commissioners up here, I won't put
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them through a vote like this. So I'm going to remove and withdraw my motion for the termination of our City Manager.
Commissioner Carollo: Mr. Chairman.
Vice Chair Russell: Yes, Commissioner Carollo.
Commissioner Carollo: Thank you, Mr. Chairman.
Vice Chair Russell: I'm sorry. If they -- if the other two were before, would you like to defer discussion?
Commissioner Suarez: I have no problem deferring to him.
Commissioner Gort: I just want to make a statement, which is very important, because I see a lot of new faces here. And my vote here is not against any one community, because the first time I ever got elected was in 1993, and I got elected citywide. I love the City; the whole -- all of the City. I've seen all the neighborhoods. It was I, who was the Chair of the committee that created the districts back in 1997. I chaired that committee. District 5, after we finished in the selection of the districts, District 5 was going to get a two-year term instead of four-year term.
Mayor Regalado: And Commissioner Gort gave two years of his term --
Commissioner Suarez: You're stating --
Mayor Regalado: -- and I was here.
Commissioner Suarez: You're stating --
Commissioner Gort: I gave my four years, a term, to make sure that District 5 have an opportunity to work for four years, and I want you to understand that. I work for the City of Miami. Yes, I have a district which I represent. I fight for my district, but anything we do in our district benefits the whole City. And I think Little Haiti has been seeing me there many times, helping in that community, because I think it's very important to maintain that ethic; that's what makes Miami what it is today. So I just want to make sure, the new faces that are here have a little history. And I might be the historian of this Commission here, but unfortunately, I think that's been my job, and it's very good to bring history, and the Mayor here.
Vice Chair Russell: Thank you, Commissioner.
Commissioner Carollo: Mr. Chairman?
Vice Chair Russell: Commissioner Carollo.
Commissioner Suarez: I yield.
Commissioner Carollo: Thank you, Mr. Chairman. And I want to say that I don't disagree with any of what the Chairman said, and because there is a lack of communication between the Administration and some of the Commissioners, or other Commissioners, we have to have this discussion here. And I -- and listen, I don't disagree with what the Chairman said. You've hired some great directors; you know, they're very educated, they know what they're doing. But I have found myself many times inquiring, "How come in this that you want to do, there was no communication between this Commissioner's office?" And realistically, what I'm saying is if Commissioner -- if Chairman Hardemon is saying the truth, that you do know how to work as a team and you're a team player, include us as a team. We are the closest to the community.
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Believe us, some of us really get out there in our community, and we know what the issues are and what their sentiments are. So if anything more, all I'm saying, Mr. Alfonso, include us; include us as a team. We are your team, you know? I may not necessarily -- as a matter of fact, there have been many things that you have come to me with and I don't necessarily disagree. I tell you, "Hey, I'm fully onboard." But what I'm saying is, make sure that we're part of the process. You know, even with flex park; even with flex park, you may be correct. But come to us so we see, okay, this is what's going on, because we're under the impression this is what's going to happen. And then we read in the newspaper, no; it's a bait and switch; it's this and that. So, listen, just like from the beginning, when you first got nominated, I told you, "Hey, I'm willing to work with you," again, I'm telling you, I'm willing to work with you, because if we have personal issues, the ones who really suffer is the community. So, again, all I'm saying is, listen, let's try in good faith to work together; and, really, let's have that communication so we could work as a team. Thank you.
Vice Chair Russell: Thank you. The motion has been withdrawn to vote to remove the Mayor. Commissioner Suarez, you want to make a final comment?
Commissioner Suarez: We didn't move to remove the Mayor; just FYI (for your information).
Vice Chair Russell: I'm -- Mr. Mayor, pardon me.
Commissioner Suarez: Just because --
Vice Chair Russell: Overstepping my -- it's the City Manager. Thank you.
Mayor Regalado: The voters can do that; not you guys.
Commissioner Suarez: Let me just say one thing.
Vice Chair Russell: Pardon me.
Commissioner Suarez: -- let me just give my --
Mayor Regalado: But I'm not running.
Commissioner Suarez: -- parting thoughts. We act up here as a mirror of the frustration that we feel from our residents. And I think the Manager can see that this frustration has been building. This isn't -- this has been the -- this is the crescendo of what has been a buildup. But we also have shown something that, in some ways, he has not, which is restraint. And I think it's in part because of the leadership that we've seen here today, and I'm proud of it. Mayor, you're right; there have been times that I've been critical of you. And there's also been times that I've been very complimentary of you and your leadership, and standing up for what you believe in, and standing up for what you think is right. You supported me in the effort that I had a long time ago to change the system of government, because I think you believe that it's not healthy to have six City Managers in seven years, and that's sort of the road that we were heading into. And so I commend you for your leadership on that issue. I just think, you know, these are not decisions to be taken lightly; I think you're absolutely right. De-stabilizing the government -- making a decision of this magnitude is an incredibly destabilizing force. However, for us to get to that point, that must mean that we're really, really frustrated, and we're echoing the frustration of our residents. This is not something that we're inventing, and we expressed that frustration. I had many, many conversations, private conversations with the Manager about my frustration on these issues; many, many, many, many. So I think we're doing the right thing here today. I think we -- you can see that we are at the cliff of having a de-stabilizing decision to make, and I don't think that's something that anybody here takes lightly. And so, I just hope and pray that this discussion that we've had, which is the only -- believe me, I did not come here with the
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expectation that the day was going to turn out like this -- that this discussion is something that produces positive change, because I don't think if we're back here again that the result is going to be the same.
Mayor Regalado: Well, thank you, Commissioner. I just want to thank the Chairman for withdrawing the motion. I think that you have class. I think that you understand that the City needs to move forward. And I think that you and I and the Manager, and the City Attorney, we were wrong yesterday when we said that we had a light agenda, so always here. But thank you. Thank you very much. And I think that the City is moving forward. Thank you.
Vice Chair Russell: Thank you, Mr. Mayor. The motion has been withdrawn. Gentlemen, shall we break for lunch?
Commissioner Suarez: Yes.
Vice Chair Russell: And maybe a drink.
Todd B. Hannon (City Clerk): Excuse me, Vice Chair. What time are we coming back?
Vice Chair Russell: 3 o'clock --
Chair Hardemon: 3 o'clock, yes, sir.
Barnaby Min (Deputy City Attorney): Mr. Chairman, there's an executive session. Is that --?
Vice Chair Russell: 3:30, we'll reconvene at 3:30.
Mr. Hannon: Yes, sir. Thank you.
Mr. Min: Mr. Chairman, there is an executive session, so you should report upstairs at 3:30, please.
Commissioner Suarez: That'll be fine.
Vice Chair Russell: 3:30, so --
Commissioner Suarez: Bring your boxing gloves.
Vice Chair Russell: I don't know about the executive session, but we're going to reconvene at 3:30.
Mr. Min: There is an executive session, so whenever you come back, you need to go directly upstairs.
Commissioner Gort: Yes.
Vice Chair Russell: At 3:30, we will have an executive session, and then we'll reconvene after that.
NA.4 DISCUSSION ITEM 16-00541 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING
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THE PENDING LITIGATION CASE OF: 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD., V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 P.M. (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 MÉNDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEYS CHRISTOPHER GREEN AND RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEY AMANDA QUIRKE-HAND. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION.
DISCUSSED
Chair Hardemon: I'm going to call this meeting back into order. Mr. Assistant City Attorney, I know you had a statement you wanted to read.
Barnaby Min (Deputy City Attorney): Yes. Thank you, Mr. Chairman. Mr. Chairman, Commissioner Russell, and the rest of the members of the Commission, pursuant to the provisions of Section 286.011 Subsection 8 of the Florida Statutes, the City Attorney's requesting that at the City Commission meeting of April 28, 2016, an attorney-client session, closed to the public, be held for the purpose of discussing the pending litigation in the matter of 1000 Brickell, Limited, formally known as 1000 Brickell, Inc., and Kai Properties, Limited, versus City of Miami, Case Number 14-11755 CA-23, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami-Dade County. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 3 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice-Chairman Ken Russell, and Commissioners Wifredo “Willy” Gort, Frank Carollo, and Francis Suarez; City Manager, Daniel J. Alfonso; the City Attorney, Victoria Méndez; Deputy City Attorneys, John Greco and Barnaby Min; Senior Assistant City Attorneys, Christopher Green and Rafael Suarez-Rivas; and Assistant City Attorney Amanda Quirke-Hand. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above-cited, ongoing litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the attorney-client session. Thank you, Mr. Chairman.
Chair Hardemon: Thank you very much.
END OF NON-AGENDA ITEM(S)
ADJOURNMENT
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The meeting adjourned at 8:49 p.m.
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