City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, May 26, 2016
9:00 AM Planning and Zoning
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 May 26, 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
AC - ATTORNEY-CLIENT SESSION
BC - BOARDS AND COMMITTEES
BU - BUDGET
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEM(S)
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gort, Vice Chair Russell, Commissioner Carollo, Commissioner Suarez and Chair Hardemon On the 26th day of May 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 2:40 p.m., reconvened at 4:59 p.m., recessed at 7:14 p.m., reconvened at 7:30 p.m., and adjourned at 9:22 p.m.
Note for the Record: Commissioner Carolllo entered the Commision chambers at 9:04 a.m., Vice Chair Russell entered the Commission chambers at 9:14 a.m., and Commissioner Suarez entered the Commission chambers at 9:26 a.m.
ALSO PRESENT:
Victoria Méndez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk
Chair Hardemon: Welcome to the May 26, 2016 meeting of the City of 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, the Chairman. Also on the dais are Daniel J. Alfonso, the City Manager; Victoria Méndez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer and the pledge of allegiance, so may we all rise.
Invocation and pledge of allegiance.
PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 16-00712 Honoree Presenter Protocol Item
37 Bayside Foundation Mayor Regalado & Certificates of Scholars Comm Gort Appreciation
Fire Chief Maurice L. Mayor Regalado Certificate Kemp
"Mothers of District 5" Mayor Regalado & Certificates of Chair Hardemon Appreciation
Len Helmers Mayor Regalado Certificate of & City Manager Appreciation
Dr. Smith Joseph, Mayor Mayor Regalado & Certificate of of North Miami Chair Hardemon Appreciation
William Aristide Mayor Regalado & Certificate of Chair Hardemon Appreciation
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Dr. Dorothy Bendross- Mayor Regalado & Certificate of Mindingall Chair Hardemon Appreciation
Collette Hall Mayor Regalado & Certificate of Chair Hardemon Appreciation
Esteban Bencomo Mayor Regalado & Certificate of Comm Gort Appreciation
Domingo Echevarria Mayor Regalado & Commedation Comm Gort
City of Miami Fire-Rescue Mayor Regalado & Certificate of & Police Department City Manager Appreciation Employees
Guy Marcus Mayor Regalado & Commendation City Manager
Dr. Ramzi Younis Mayor Regalado & Proclamation City Manager
Members of Projecto Mayor Regalado Salute Multicultural las Americas
FAA -- So. Fla. Mayor Regalado & Commendation Flight Standards D. and Comm. Carollo Employees
Orange Bowl Committee & Mayor Regalado & Commendation Steve Torcise Vice Chair Russell
16-00712 Protocol Item.pdf 16-00712-Submittal-Miami Bayside Foundation-Scholarship Recipients.pdf PRESENTED
1) Mayor Regalado and Commissioner Gort presented certificates of appreciation to the recipients of scholarships awarded by the Miami Bayside Foundation and paid tribute to the student's dedication and commitment to successfully completing their academic programs at Miami Jackson Senior High School and New World School of the Arts.
2) Mayor Regalado recognized City of Miami Fire Chief Maurice L. Kemp for his accomplishment of being recognized as "Fire Chief of the Year" by the Metropolitan Fire Chiefs Association.
3) Mayor Regalado and Chair Hardemon recognized the “Mothers of the District” in observance of the Mother's Day by saluting four (4) mothers who have been long time residents and employees in District 5.
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4) Mayor Regalado and City Manager Alfonso recognized Public Works engineer Len Helmers for his service and dedication during his forty-three (43) year career with the City of Miami.
5) Mayor Regalado and Chair Hardemon honored the Mayor of North Miami, Dr. Smith Joseph, for being the first medical doctor in the history of Miami who was elected Mayor in addition to commending his dedication to public service for the City of North Miami.
6) Mayor Regalado and Chair Hardemon honored both Booker T. Washington School Principal William Aristide and School Board Member Dr. Dorothy Bendross-Mindingall and recognized them their service to the City of Miami.
7) Mayor Regalado and Chair Hardemon recognized Collette Hall, former Director of the Haitian-American Foundation, for her contributions in the field of community service and public engagement.
8) Mayor Regalado and Commissioner Gort presented a certificate of appreciation to Esteban Bencomo, who participated in the City of Miami Arbor Day.
9) Mayor Regaldo and City Manager Alfonso commended City of Miami Senior Budget Analyst Dr. Domingo Echevarria, commending him for his work and dedication as the City of Miami's Education Policy Advisor for the White House initiative known as My Brother's Keeper.
10) Mayor Regalado and City Manager Alfonso presented certificates of appreciation to the employees of the City of Miami's Fire-Rescue Department and Police Department for their efforts and collaboration in the Mayor's College Signing Day Event at Miami-Dade College on April 26, 2016.
11) Mayor Regalado and City Manager Alfonso recognized Guy Marcus, Oracle Systems Administrator for the Department of Information Technology, for his dedication to the City of Miami for the past thirteen (13) years and for helping coordinate community and charitable events such as the Corporate Run, UPS 5k and other events as Team Captain, and dedicating his time to the fitness and wellness initiative promoted by the City of Miami.
12) Mayor Regalado presented a proclamation to Dr. Ramzi Younis, board certified pediatric doctor from the University of Miami Otolaryngology Department.
13) Mayor Regalado saluted members of Projecto Multicultural las Americas, an initiative that promotes the City of Miami as a cultural center.
14) Mayor Regalado and Commissioner Carollo commended the Federal Aviation Administration's South Florida District Office 19 and its personnel for their outstanding support and assistance during major events in the City of Miami. These events were nationally televised, live streamed globally, and attended by hundreds of thousands of people. They contributed to the safety of the residents and visitors during the New Year's Even and Ultra Music Festival. These individuals assisted the Miami Police Department in protecting the community from illegally flown drones and promoted safe drone usage and educated drone operators.
15) Mayor Regalado and Vice Chair Russell commended the Orange Bowl Committee and Steve Torcise for their efforts in organizing and executing the 2016 Windhaven Insurance Orange Bowl Paddle Championship. This is a charity event with a focus on children and community in which all revenues raised go to Big Brothers Big Sisters of Miami to fund mentorship activities throughout the community. Furthermore, in addition to supporting the Orange Bowl Committee, Mr. Torcise supplied high-quality beach sand for the Windhaven Insurance Orange Bowl Paddle Championship.
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Chair Hardemon: We will now make the presentations and proclamations.
Presentations made.
END OF PRESENTATIONS AND PROCLAMATIONS
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Suarez, seconded by Commissioner Gort, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Chair Hardemon: Is there a motion to approve the minutes?
Commissioner Suarez: So moved.
Vice Chair Russell: Second.
Chair Hardemon: It's been properly moved and second to approve the meeting minutes of April 14, 2016. Any unreadiness? Hearing none, all in favor, say “aye.”
The Commission (Collectively): Aye.
END OF APPROVING MINUTES
MAYORAL VETOES
NO MAYORAL VETOES
Chair Hardemon: Mr. City Clerk, are there any --
Commissioner Gort: Personal presentation.
Chair Hardemon: -- mayoral vetoes?
Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes.
Chair Hardemon: Okay.
ORDER OF THE DAY
Chair Hardemon: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting.
Barnaby Min (Deputy City Attorney): Thank you. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make a disclosure 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 www.miamigov.com. 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
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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 this item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. No cell phones or other noise-making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted . Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 o'clock 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, Mr. Chair.
Chair Hardemon: Thank you very much. Mr. City Manager, is there any item that you wish to withdraw from the agenda?
Daniel J. Alfonso (City Manager): Mr. Chairman, we would like to defer item DI.13 to July 14.
Chair Hardemon: Commissioners, is there any item that you want to withdraw, defer, continue?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: It's on the PZ (Planning & Zoning) items, PZ.7. I would like a continuance, and I know we're not going to take it up now; we'll take it up at 2 p.m., but I want to make sure that everyone knows my intentions; and it's something that I represented yesterday to the Roads Association, along with the director of Planning and Zoning.
Chair Hardemon: Okay. Is there any other item? Seeing none, is there a motion in accordance?
Commissioner Suarez: So moved.
Commissioner Carollo: Second.
Chair Hardemon: Second? 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.
Later...
Chair Hardemon: We have our DI (discussion) items.
Commissioner Carollo: Defer them?
Chair Hardemon: It's up to you all.
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Commissioner Carollo: I make a motion -- well, you know what? Other than DI.1; I think we should hear DI.1, and then defer the rest. That's -- you know, it's just a suggestion.
Chair Hardemon: So the motion on the floor is to defer items --
Commissioner Carollo: DI.2 through D --
Chair Hardemon: -- all discussion items besides DI.1.
Commissioner Carollo: Right.
Todd B. Hannon (City Clerk): Let me take a quick glance here just to see if there's anything that's time -- And for the record, that'll be DI.2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12.
Chair Hardemon: 13?
Mr. Hannon: 13 was deferred to July 14.
Chair Hardemon: Okay.
Commissioner Carollo: I make the motion.
Chair Hardemon: It's been properly moved. Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: Second by the Vice Chairman. Any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
CONSENT AGENDA
CA.1 RESOLUTION 16-00540 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Works RECEIVED MARCH 15, 2016, PURSUANT TO INVITATION FOR BID NO. 586380, FROM WASTE MANAGEMENT INC. OF FLORIDA D/B/A WASTE MANAGEMENT OF DADE COUNTY (PRIMARY) AND ENVIROWASTE SERVICES GROUP, INC. (SECONDARY), THE RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF VACTOR TRUCK DEBRIS HAULING, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
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16-00540 Summary Form.pdf 16-00540 Memo - Manager's Approval.pdf 16-00540 Bid Tabulation.pdf 16-00540 Corporate Detail.pdf 16-00540 Bid Responses.pdf 16-00540 Invitation for Bid.pdf 16-00540 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0238
CA.2 RESOLUTION 16-00550 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM MDM RETAIL, LTD., FOR PUBLIC INGRESS AND EGRESS PURPOSES OVER AND UPON A PORTION OF THE SIDEWALK ABUTTING SOUTHEAST 3RD AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD SAID PERPETUAL EASEMENT ON BEHALF OF THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 16-00550 Summary Form.pdf 16-00550 Corporate Detail.pdf 16-00550 Legislation.pdf 16-00550 Exhibit - Easement.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0239
CA.3 RESOLUTION 16-00515 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED APRIL 11, 2016, PURSUANT TO INVITATION FOR BIDS NO. 15-16-020, FROM LAWN KEEPERS OF SOUTH FLORIDA, INC. (PRIMARY) AND SUPERIOR LANDSCAPING & LAWN SERVICE, INC. (SECONDARY), THE RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROJECT ENTITLED "SW 8 STREET 'CALLE OCHO' LANDSCAPE MAINTENANCE CONTRACT, M-0112", FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $190,979.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPTIONS TO RENEW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE
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CONTRACTOR'S PERFORMANCE. 16-00515 Summary Form.pdf 16-00515 Legislation.pdf 16-00515 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0240
CA.4 RESOLUTION 16-00580 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED FEBRUARY 10, 2016, PURSUANT TO REQUEST FOR PROPOSALS NO. 577381, FROM RICKY AREPAS AND HOT DOGS, INC., THE SOLE RESPONSIVE AND RESPONSIBLE PROPOSER, TO PROVIDE CONCESSION SERVICES FOR GRAPELAND WATER PARK FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 16-00580 Summary Form.pdf 16-00580 Survey.pdf 16-00580 Memo - Manager's Approval.pdf 16-00580 Evaluation Committee Report.pdf 16-00580 Corporate Detail.pdf 16-00580 RFP Response.pdf 16-00580 Legislation.pdf 16-00580 Exhibit.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-16-0248
Chair Hardemon: All right. This is what I want to do: There are going to be some people that may -- it's not 11 o'clock quite yet. We may get to the time certain before 11 o'clock -- just after 11 o'clock. However, there's an item that if we can handle before lunch, it'd be great, because I know that we can set time limits on these individuals; and if they choose to go above those time limits or exceed those time limit, then they have a little bit more leeway with them in how we decide this. So there's a -- the item is RE (resolution) --
Victoria Méndez (City Attorney): RE.3.
Chair Hardemon: RE.3, correct. So I want to recognize RE.3.
Commissioner Suarez: How long do you think this item is going to take, Mr. Chair?
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Daniel Rotenberg (Director, Real Estate & Asset Management): RE.3, Commissioner --
Chair Hardemon: Say what?
Commissioner Carollo: RE.3.
Commissioner Suarez: How long do you think this item is going to take? How long do you think this item is going to take?
Chair Hardemon: 30 minutes. No? You think we can't decide in 30 minutes? No? We can't call it then.
Commissioner Suarez: Ask the applicants.
Chair Hardemon: So this is my question to the applicants. Well, let me get some law -- go ahead.
Commissioner Carollo: And Mr. Chairman, I just want to point out that during our briefing discussions, it was discussed that this item will be a time certain at 5 p.m. Now, ultimately, I know that this Commission could vote to hear it at that time or a different time, but that's what it was expressed to me. So I was under the impression it would be heard at 5 p.m.
Unidentified Speaker: Which item?
Commissioner Carollo: RE.3.
Chair Hardemon: I was -- I'll be quite frank with you. I was told that this item wanted to be heard at 5 o'clock or 5:30; I can't remember. I think it was 5 o'clock time certain; I set it for a 5 o'clock time certain. Then I received word that it was not requested for it to be at a 5 o'clock time certain, so four -- about four days ago, I removed it from the agenda from the 5 o'clock time certain. And, you know, this is what happens, I guess, when you get 15 requests from email; and then from your briefings, you get verbal requests from people who say they have communication with the applicants, and so because of that --
Commissioner Suarez: Mr. Chair, that's the joy of being Chair.
Chair Hardemon: I know, right? It's very, very kind to all of us.
Commissioner Suarez: We've all been there.
Chair Hardemon: So CA.4.
Commissioner Carollo: CA --
Commissioner Suarez: 4.
Chair Hardemon: 4.
Unidentified Speaker: CA.4.
Commissioner Suarez: That's you.
Junior Silva: Good morning, members of the Commission. Junior Silva, 3227 Southwest 60th Court, Miami. Can you guys hear me?
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Commissioner Suarez: Yeah.
Mr. Silva: Okay, good. Commissioners, I'm here today -- Commissioners, good morning. I'm here today -- The City of Miami issued a request for proposals for the operation of the food and beverage concession at the Grapeland Water Park on May 26, so they had issued a solicitation for response that was due May 26, and there was only one bidder that was -- that responded to this solicitation. Previous to that, many of you know Grapeland Water Park was -- is a great facility that you guys spent a lot of time on to build. And so in 2008, 2009, and 2010, this essential same solicitation was issued for the same service, so this solicitation was issued three times. And in this go around with this solicitation this time, the City decided to change the requirements for someone to be able to operate this location, which I think resulted in one response, which was received by the City. We -- I don't want to say we're an expert at this, but we have 16 years of experience doing food and beverage concessions locally, and we found a lot of holes in this response that we believe the City's ignoring. We've brought it up to staff, we brought it up to the Administration, and essentially, that's why I'm here today. So basically, one of the items that we believe were not met is that -- it's clear in the solicitation, they're looking for a vendor that has five years' experience. On the Sunbiz filing that was issued in the response -- this corporation that's responding was formed last year in 2015 -- in their experience, you know, they're putting down here that they were the vendor in the City of Doral from 2006 --
Chair Hardemon: Sir?
Mr. Silva: -- to present. Yes, sir.
Chair Hardemon: Your time has expired --
Mr. Silva: Oh, I'm sorry.
Chair Hardemon: -- your two minutes.
Mr. Silva: I'm sorry.
Chair Hardemon: Is there any other person that'd like to speak on this item for two minutes? Seeing none, I'll close the public hearing at this time. Has the City -- you presented the item?
Daniel Rotenberg (Director, Department of Real Estate & Asset Management): CA.4 is a resolution of the City of Miami Commission, accepting proposal received February 10, 2016, pursuant to Request for Proposals number 577381, from Ricky Arepas Hot Dogs, Inc., the sole responsive and responsible bidder. I just would like to say, I do not know the gentleman that just spoke, but I do know that we do have a history; and between the years of 2013 and 2014, per the City's records and our financial records that we've gone over, it appears that there was a certain vendor that owes the City about 75 to $92,000 in back pay and records, so I don't know if this response -- if this bidder were even the -- responsive.
Chair Hardemon: Thank you very much. Is there any discussion from the dais? You're recognized, Vice Chairman.
Vice Chair Russell: Yes. I was visited by the -- by Junior, and it seems there's a discrepancy about the amount owed and whether he should have been -- I guess I would just like to hear from him, if there's a dispute about the amount owed, and maybe you could help (UNINTELLIGIBLE).
Mr. Silva: Yeah, I'd like to address that, because, you know, when -- you know, math is pretty universal; and when you spit off a letter saying that you owe somebody over $70,000, I would hope and trust that you have the backup to support that. The fact is that we've tried making the City whole. Actually, you know, there's two issues here. The first one is this procurement, and
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the second one is the settlement offer that I've made to the City on several occasions, which they've refused to take. The procurement issue that I'm here to discuss is this vendor does not meet the minimum qualifications. In fact, you know, I have followed (UNINTELLIGIBLE) in the City of Miami and other municipalities locally here.
Chair Hardemon: But, sir, I think you're going outside of what the Vice Chairman --
Mr. Silva: Oh, okay.
Vice Chair Russell: The question was just about the debt.
Mr. Silva: Yeah, I know. The debt he's -- Mr. Rotenberg is way off. He's -- that's not even close. That's not even close. In fact, you know, we have the settlement offer. We have a copy of it here. It's just -- it's way off. It's just not even close to being, you know -- and -- you know, we've -- this is -- I don't think this is the place to discuss this type of situation. You know, we've asked staff to meet with us and discuss it. You know, we have checks here that we brought that we've tried giving to the City on five or six different occasions; they don't want to take them. Here they are again. But, you know, again, I'm not here to discuss the settlement. I'm here to discuss the procurement. And, you know, there's a lot of flaws with this procurement. You know, engineering and generating --
Chair Hardemon: Did you apply for the --?
Mr. Silva: I was -- Commissioner -- Chair, I wasn't able to respond, because they changed the minimum criteria to be able to apply. So basically, you know, this park has a full-service kitchen on the property of the park. They're requiring you to carry a hot -- basically, it's called a “mobile food vendor” license, which is a hot dog cart license, which has nothing to do with operating a full-service concession. They're really two different businesses. And again, you know, in this -- in his response, he put here that he was the vendor --
Chair Hardemon: You're going into --
Mr. Silva: Okay, I'm sorry, sir.
Chair Hardemon: -- you're going into --
Mr. Silva: I wanted to get --
Chair Hardemon: Vice Chairman.
Commissioner Gort: Let's hear from Procurement.
Vice Chair Russell: Yes. I just wanted to give the gentleman a chance to express himself, because it seems that the two stories are very different. He seems to feel that he's been excluded from the process on purpose; that there was a RFP written specifically to keep him out of the picture, in a sense, and I don't have a -- I don't know anything about this, honestly. I just met the gentleman yesterday. So I just wanted to him to have the ability to express himself to that point, and that's it.
Mr. Silva: Well, we do have in writing all the communication. We have it right here with the City. You know, it's not generated on hearsay; it's generated on facts, on communication. It's not generated on opinions or what have you. You know, we've made a very good-faith effort to make the City whole; they decided to do this. And the response that you got, I think, is just very unclear and very inappropriate to -- you know, to awarding this contract to somebody who's just not qualified.
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Daniel J. Alfonso (City Manager): Mr. Chairman, may I ask a quick -- a couple of quick questions of Mr. Silva?
Mr. Silva: Yes, sir.
Chair Hardemon: Please.
Mr. Alfonso: Mr. Silva, did you send me an email at one time where you said you owed the City no money?
Mr. Silva: No, Manager, I did not.
Mr. Alfonso: No?
Mr. Silva: No, I didn't. What I told you was that the funds that are -- that you are claiming that I owe are inappropriate, sir. That number is inappropriate. I have here a contract extension that was -- that we requested, sir, and it was denied by your Public Facilities director then, Henry Torre. So, as far as we're concerned, the end of the contract ended, and here's your payment for $13,000, if you're willing to accept it.
Mr. Alfonso: So would you agree that you do owe the City money?
Mr. Silva: Sir, I -- what I'm saying is, is that I do owe the City $13,000; here's a check for it. However, I am saying that I do not owe you 74 or $76,000. I think that's a really big difference.
Vice Chair Russell: So it seems that's a separate issue for the City and the vendor to work out from a past contract.
Mr. Silva: Yeah.
Chair Hardemon: But there are two things -- couple things that's going on here. First, so he did not respond to the RFP.
Vice Chair Russell: Yes.
Chair Hardemon: I mean, he's saying that he did not fit the requirements of responding. The director says that even if he did respond, he would have been unresponsive --
Mr. Rotenberg: Correct.
Chair Hardemon: -- because he owed the City a certain amount of dollars. And so, essentially, what he's claiming is that -- what he's trying to get into is that the person who did respond is not responsive. So, in a sense, he's forming -- he's trying to have a -- really, a bid protest where --
Vice Chair Russell: (UNINTELLIGIBLE).
Chair Hardemon: -- he doesn't have any interest, because he hasn't bid on the project.
Vice Chair Russell: So my question to the Management would be if Mr. Silva held the contract before -- correct?
Mr. Rotenberg: Correct.
Vice Chair Russell: -- with -- at that location, was the criteria for the vendor changed to where
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--? I mean, what -- was he -- what he was providing before, did we change that, because that's not what we wanted in a provider, which -- something about the cart license or --?
Mr. Rotenberg: I'm actually going to allow Procurement to answer that, because what I came up here to say was that from our perspective in the Real Estate Department, there were outstanding amounts owed and they're quite substantial, and there were emails that went back and forth saying this gentleman did not owe the money; he did. Procurement issued the RFP; there were requirements that were changed. But in any case, even if this gentleman would have responded because of the amounts owed, it would have been a nonresponsive offer.
Commissioner Gort: Let's hear from --
Mr. Alfonso: And Procurement's --
Chair Hardemon: You're recognized.
Mr. Alfonso: -- from time to time, as we gain experience in operation, it's not uncommon for us to change the requirements as we move forward, because we may want to (UNINTELLIGIBLE) or whatnot. And by the way, Mr. Silva, on April 5, 2016, you sent me an email where you bolded the words "We do not owe the City monies as described."
Mr. Silva: Yeah, that's what I sent, sir.
Mr. Alfonso: Yeah.
Mr. Silva: But what that means is I don't owe you 74,000; I owe you 13,000. “As described” is as describes. That's what it means, sir.
Chair Hardemon: May I ask you a question?
Mr. Silva: Yes, sir.
Chair Hardemon: What was the amount of the settlement that you wish to give to the City?
Mr. Silva: So, Commissioner, just to give you a brief --
Chair Hardemon: No. (UNINTELLIGIBLE) a very easy answer to that question.
Mr. Silva: 25,000.
Chair Hardemon: And that's above the amount that you said that you owed?
Mr. Silva: Correct, correct.
Chair Hardemon: Is there any other questions from the dais? Is there any other question? Is there a motion on this? I mean, there's no motion or is there -- I mean, it could be a motion to defer? It could --
Commissioner Gort: Move it.
Chair Hardemon: -- be a motion to accept, you know. It's been properly moved by Commissioner Gort --
Chair Gort: To accept.
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Chair Hardemon: -- to accept the item. Is there a second?
Commissioner Carollo: Second.
Chair Hardemon: And seconded. Any further discussion on the item? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: And against? Motion passes.
Mr. Silva: Well --
Chair Hardemon: Thank you, sir.
CA.5 RESOLUTION 16-00586 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), APPROVING THE REGULATIONS FOR DEBARMENT AND/OR SUSPENSIONS ESTABLISHED BY THE CHIEF PROCUREMENT OFFICER, IN CONSULTATION WITH THE CITY ATTORNEY'S OFFICE, IN ACCORDANCE WITH SECTION 18-107, ENTITLED "DEBARMENT AND SUSPENSIONS", OF THE CITY OF MIAMI PROCUREMENT CODE. 16-00586 Summary Form.pdf 16-00586 Back-Up from Law.pdf 16-00586 Legislation.pdf 16-00586 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0241
CA.6 RESOLUTION 16-00412 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MONTALAN AUGUSTE, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $99,600.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, 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. 16-00412 Memo - Office of the City Attorney.pdf 16-00412 Memo - Budget Sign-Off.pdf 16-00412 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-16-0249
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: To move the meeting along, can we do CA.6 rapidly? I pulled the item from the consent agenda. It will not take too much time, and we could clear the consent agenda.
Chair Hardemon: I'll call it
Commissioner Carollo: Thank you.
Chair Hardemon: CA.6.
Commissioner Gort: It's a settlement.
Commissioner Carollo: And Mr. Chairman, before the City Attorney presents, the reason why I'm pulling this item is because, especially now that we're going to get into discussions regarding our expenses and future expenses, I have noticed, at least within the last two years, that every Commission meeting we have settlements; 100,000 here, 200,000 there, and it just becomes something that -- when I first, you know, became a Commissioner, for the first few years, I didn't see those types of settlements. And it just seems like every Commission meeting, we have one or two settlements, and I'm just saying, “Wow.” There's been a big difference from before to now. So I wanted see is this going to stop, or where are we with, you know, all these settlements? Because like I said, every Commission meeting, we have one, two, or three of them.
Daniel J. Alfonso (City Manager): Mr. Chairman, may I?
Chair Hardemon: Yes.
Mr. Alfonso: Commissioner, the decision to settle the cases, I know under the recommendation of the City Attorneys, a lot of times becomes a financial decision. I got -- I have to say that from the point of view of the Administration, we are supportive of these settlements, because we have greatly reduced our incurred but not paid liability, our IBNR (incurred but not reported), in terms of our workers' compensation significantly over the last couple of years by settling out a lot of these claims that have a long-term potential for additional costs, and we have been able to control our workers' comp costs over the last couple of years significantly. So to the extent that we're able to work out these old cases that are costing in a lot of workers' comp monies over time, it is beneficial, at least from a financial standpoint, for us to settle all these cases.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Can we see how many more of these old cases there are? Because, once again, it just seems like every Commission meeting we have two or three of these that in the past -- I'm saying two years ago or two and a half years ago, maybe three years ago, we didn't have every Commission meeting with one, two, three settlements, so you know.
Victoria Méndez (City Attorney): To -- thank you, Commissioner, and I know that you're very
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fiscally responsible, and that's why you're bringing these issues up. With regard to the settlements and the -- two and a half years ago, pretty much, is when I became City Attorney -- I will tell you that these are -- the settlements that you do see are usually workers' comp cases, and they are extremely good settlements with regard to business decisions that come before you. For instance, this case has approximately a $357,000 impact in the future to the City, and we're settling it out for 99,000. We've already paid a $157,000 on this case alone. Unfortunately, workers' comp is something that is very frustrating to me as a litigator, because these are the type of cases that when you have an injury and it is part of the working environment of the individual, they are cases that, unfortunately, we have to continue paying out. With regard to these cases, it is always a business decision. If the Commission does not want to settle it out, then that is a business decision of the City Commission. These cases that we bring to you usually are between 25 cents on the dollar type settlements, and they have been good results, so.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: And I understand what you're saying, and I've approved most of these, because financially, it appears that it makes sense, but are we going to continue receiving these every Commission meeting? Are we going to continue receiving two or three every Commission meeting? Because --
Ms. Méndez: I --
Commissioner Carollo: -- like I said, since you became City Attorney, we've been -- it's been a pattern that we -- every Commission meeting, we have one or two of these.
Ms. Méndez: Because we have been very -- first of all, "two or three" is a strong statement. It's pretty much been one every two weeks or so, maybe, but --
Commissioner Carollo: Every Commission meeting. Every Commission meeting.
Ms. Méndez: I mean, every two meetings or so, not two or three -- we are very litication [sic] oriented. We're very trial heavy. So with regard to settlements, it has been on workers' compensation cases mostly that we're trying to clear out. We could give you the cases that we have in the pipeline and give you information with regard to the settlements, though. They are settlements that are really good settlements for the City, and those are the ones that have been coming before you. And we'll be able to give you the numbers that we do have in the pipeline and how -- normally, this comes up -- a settlement comes up when there is a good meeting of the minds, and then it is a business decision for which to bring it before you so that the City doesn't continue bleeding out on workers' compensation cases. We have also cleared out a lot of cases with regard to this. So I will give you -- we'll brief with you, with the Risk Department -- Risk Management, and our workers' compensation attorney, and we'll bring these before you so that you understand where we are. I can't give you an estimate on whether -- you know, how many more are coming before you in the future; just know that when we bring them to you, it's the best deal that we could give the City with regard to these type of cases.
Commissioner Gort: Mr. Chairman.
Commissioner Carollo: Okay.
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized.
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Commissioner Gort: Let me give you a suggestion. Why don't you do an economic analysis of all the cases you had in the past, what could have been the cost if we would have continue it and if we would have gone to court, and what's pending, okay? And I think --
Ms. Méndez: We have that.
Commissioner Gort: -- you should give it to everyone so we can understand why, the reason. Now, you all come to me --
Chair Hardemon: Commissioner Gort.
Commissioner Gort: -- and your lawyers come to me and explain to me why we're doing this. I hope they go to your office also and --
Commissioner Carollo: No. Absolutely, Commissioner Gort. What I'm saying is just the volume of these that are coming up. I mean, every Commission meeting we have at least one, sometimes two or three, so you average it out, you know, and this --
Commissioner Gort: That's why I --
Commissioner Carollo: -- was not the norm.
Commissioner Gort: -- want to see an economic impact of our decisions. I want to see economic impact versus going to court or anything like that.
Commissioner Carollo: Understood, but it seems like every -- I mean -- so in other words, I guess what I'm getting at, are we also setting the example that we're settling a lot of -- a lot more of these cases and more people are filing suit against the City, and what's the pipeline down the road?
Ms. Méndez: Absolutely, not. We have been extremely aggressive with the amount of cases. And when I show you, based on Commissioner Gort's request, I'm showing the -- basically, the money that has been saved, the cases that we have cut at the knees, the cases that we have also settled -- I think you'll see a very good picture of how aggressive our office has been with regard to the cost savings that we have brought the City in the past two and a half years, specifically.
Commissioner Carollo: Fair enough. With that, I move the item.
Chair Hardemon: It's been properly moved --
Commissioner Suarez: Yeah, and I'll second it. I guess --
Chair Hardemon: -- and seconded, but I'll recognize Commissioner Suarez.
Commissioner Suarez: Very brief discussion. I share, in some respects, Commissioner Carollo's concern. I often ask, and you provide, "How are we doing budget-to-actual?" because we also budget for this on an annual basis. So it's important to keep the Commissioners updated on how we're doing budget-to-actual. I think the second thing is, I remember when our former City Attorney, we had a litigation, and we were presented with the idea that it was maybe more economical to settle in the long run than it was to fight it, and we decided to fight it because we wanted to send the right message. Sometimes it's important to send the right message, and that saves you money in the long run; because even though in that particular case, it's more expensive to litigate than it is to settle, the long-term savings is that you send the message to the community that “If you sue us, we're going to fight it all the way to the court, and we're going to win.” So I'll just leave it at that, okay?
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Ms. Méndez: Right. And I just wanted to make a brief distinction between tort cases and liability cases with regard -- and workers' compensation cases. Workers' compensation cases, if they happen, they happen, and then we need to try and mitigate the damages.
Commissioner Suarez: But it may not be a bad idea once in a while to say, “This is the one we're going to try, because it's a good case for us to try”; to send the right message that you can't abuse of the system.
Commissioner Gort: I'm not a lawyer. You should consult with the lawyers sits here; maybe they can give you some advice on which one to take to court.
Chair Hardemon: Any further discussion?
Commissioner Suarez: No.
Chair Hardemon: Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Mr. Chair, one last thing.
Chair Hardemon: Motion passes.
CA.7 RESOLUTION 16-00409 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED AND RESTATED CITY OF MIAMI DEBT MANAGEMENT POLICY ("DEBT POLICY"), ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF FINANCE TO IMPLEMENT THE AMENDED AND RESTATED DEBT POLICY AND TO UPDATE ALL NECESSARY GUIDELINES AND PROCEDURES RELATED TO THE DEBT POLICY. 16-00409 Summary Form .pdf 16-00409 Back-Up from Law Dept.pdf 16-00409 Pre-Legislation.pdf 16-00409 Legislation.pdf 16-00409 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0242
CA.8 RESOLUTION 16-00529 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Management GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT PROGRAM ("CVA GRANT"), IN AN AMOUNT NOT TO EXCEED $42,893.25 FOR THE MIAMARINA PUMPOUT REPLACEMENT CONSTRUCTION PROJECT
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("PROJECT"); TO BE UTILIZED BY THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM"), TO FUND UPGRADES TO EXISTING PUMPOUT EQUIPMENT FOR THE PROJECT FOR THE PERIOD OF JANUARY 28, 2016 THROUGH JANUARY 15, 2017; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND NEGOTIATE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID PROJECT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO INSTITUTE THE ACCEPTANCE, IMPLEMENTATION AND ADMINISTRATION OF SAID CVA GRANT. 16-00529 Summary Form.pdf 16-00529 Back-Up Document.pdf 16-00529 Legislation.pdf 16-00529 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0243
CA.9 RESOLUTION 16-00530 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Management GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT PROGRAM ("CVA GRANT"), IN AN AMOUNT NOT TO EXCEED $204,850.00 FOR THE DINNER KEY MARINA PUMPOUT IMPROVEMENTS - PHASE II CONSTRUCTION PROJECT ("PROJECT"); TO BE UTILIZED BY THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM"), TO FUND UPGRADES TO EXISTING PUMPOUT EQUIPMENT AT DINNER KEY MARINA FOR THE PERIOD OF JANUARY 28, 2016 THROUGH SEPTEMBER 30, 2016; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND NEGOTIATE ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID PROJECT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO INSTITUTE THE ACCEPTANCE, IMPLEMENTATION AND ADMINISTRATION OF SAID CVA GRANT. 16-00530 Summary Form.pdf 16-00530 Back-Up Document.pdf 16-00530 Legislation.pdf 16-00530 Exhibit.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0244
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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
Chair Hardemon: As I understand, there is a constituent that would like to speak on CA.4, so the Chair, without objection, will remove CA.4 from the consent agenda. Is there any other consent agenda item that wishes to be removed from the consent agenda?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: Can we pull CA.6?
Chair Hardemon: Yes, sir.
Commissioner Carollo: Thank you.
Chair Hardemon: Is there a motion on --
Commissioner Gort: Is this to be heard?
Chair Hardemon: -- the rest of the CA (consent agenda) agenda?
Commissioner Suarez: So moved.
Chair Hardemon: It's been properly moved.
Commissioner Carollo: Second.
Chair Hardemon: Is there a second? All in favor of that motion, indicate so by saying, “aye.”
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
PERSONAL APPEARANCES
PA.1 PRESENTATION 16-00399 PERSONAL APPEARANCE BY BRYAN AVILA REGARDING AN END OF SESSION PRESENTATION. 16-00399 E-Mail - Personal Appearance.pdf 16-00399-Submittal-Bryan Avila-2010 Legislative Session.pdf PRESENTED
Chair Hardemon: Is Mr. -- is Senator Bryan Avila --? Is he ready to go?
Senator Bryan Avila: Right in front of you.
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Chair Hardemon: How you doing, sir? Please, stay to the -- if you -- are you on this computer? If not, he can step to the other -- sure.
Commissioner Suarez: Mr. Chair, if I may? Mr. Chair, if I may?
Chair Hardemon: Sure. Absolutely. Go ahead.
Commissioner Suarez: I have a companion item with the discussion item of --
Chair Hardemon: Is it RE.7?
Commissioner Suarez: Correct.
Chair Hardemon: They'll be heard at the same time.
Commissioner Suarez: Correct. Thank you. Can I -- may I be recognized?
Chair Hardemon: Absolutely.
Commissioner Suarez: Thank you. Because I want to -- before he begins, I want to commend him in his work as a young State legislator. He got something passed at the last Legislative Session that I think is one of the most significant pieces of legislation for our City residents, and that is the ability of the City of Miami to do something that it had sort of done but, because of the nature of our city, had to be refined; and basically, what that was, was we had created an exemption for property taxes for our seniors who had, in part, a variety -- met a variety of criteria, one of which was that their home had to be valued less than $250,000. The problem is, in our City, there are not too many homes that are valued less than $250,000. So we had many, many examples of seniors who got that exemption for a very short period of time and then, because of how our property values have increased tremendously, lost it very quickly, as well. And so what his amendment does is it allows us to take the time when the application was made as the triggering point; so if somebody qualified in a given time, they maintain that qualification status, and I think that is what really makes the legislation significant for our elderly in our community that live on fixed income, that are struggling every single day with rising costs of housing, with the rising cost of living, and we hear the complaints continually from our residents. So my resolution seeks to support his initiative; urges our citizens to vote in favor of it; and asks the City Manager to bring back enabling legislation, hopefully after November when it, hopefully, passes, to make that law in the City of Miami. So I move the item.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and second. Before we move to discussion about the item, would you like him to make his presentation regarding it or --?
Commissioner Suarez: Can we --
Chair Hardemon: No, it's up to you.
Commissioner Suarez: -- vote on it and then he can --?
Chair Hardemon: Sure.
Commissioner Suarez: Okay.
Chair Hardemon: All right, is there any further discussion on the item that's up for
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consideration?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Commissioner Carollo: I think this is extremely important, but it's not a done deal yet. The voters need to go out and vote -- I believe it's the November election -- in order to for this to pass. I'm proud that I was a co-sponsor in the original motion; and actually, Bayfront Park funded the original additional exemption, and this is a -- one of those instances where -- unintended consequences; so unfortunately, with the rising property values, some seniors were not able to continue this additional adjustment. So Representative Avila and everyone from the Legislature that passed this -- and I know Senator Diaz de la Portilla, which is also present, mentioned it when he spoke, I believe, in the last Commission meeting, also. And I think it's extremely important that we do this, but like I said, it's not a done deal. Now the residents need to understand the importance of this and vote for it in November. So thank you.
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Suarez: Thank you, Chair.
Chair Hardemon: Motion passes. You're absolutely welcome.
Later...
Chair Hardemon: You're recognized, sir.
Commissioner Gort: It's all yours.
Senator Avila: Thank you, Mr. Chairman. Thank you, Commissioners. And thank you, Commissioner Suarez and Commissioner Carollo. As you stated, it's a very important piece of legislation, especially for our community and for many of the reasons that you just stated; and we'll have a slide and we'll talk more in depth about that piece of legislation, but I wanted to thank you for supporting this initiative.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: I'd be remiss if I don't also mention our property appraiser, Pedro Garcia. He was also instrumental and -- I don't know if “lobbied” is the right word, but I know he was definitely up in Tallahassee supporting this legislation.
Senator Avila: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Senator Avila: Thank you. So -- and I know that many of you have -- there have been other legislators that have come before you and given a legislative update or a recap of this past session, so I just want to narrow the scope and just focus on, essentially, some of the most important parts and some of the bills that I was able to accomplish this past Legislative Session. With regards to the budget, the budget is $82.3 billion, and here on this slide you'll see the breakdown of it and the different components of it. To put this budget into perspective, the State
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of New York -- when you compares [sic] the State of Florida to the State of New York, they're almost similar in population. Actually, the State of Florida just passed the State of New York in terms of population, so right now the State of Florida is the third largest State in the Union. However, there's a big difference in terms of the budgets for both States. The budget for the State of Florida is $82.3 billion. The budget for the State of New York is upwards of $150 billion. So what does that say? That says that, essentially, we are extremely efficient. We serve the same amount of people, but we do it essentially with $70 billion less, so we are not burdening our population in terms of extra or over-taxation. We're allowing businesses to prosper. We're allowing residents, essentially, to keep more money in order to -- whether invest it in their children's education or whether to start their own businesses. So I think that that's important to note. We are -- the State of Florida, we are -- just recently, we were in the top five in terms of efficiency for our State government, so I am very proud to be a part of that work, and also would like to thank and congratulate Senator Diaz de la Portilla also for his work and for making sure that our State is as efficient as possible. A couple of budget items that are very important: One, when I was knocking on doors back in 2014, and I was running for office, I knocked on several doors where many families had children that were suffering from autism or from related diseases, and that motivated me to take action, and essentially, to try to obtain as much in terms of funding for the CARD Center, which is the Center for Autism and Related Disabilities, and it's a joint venture between the University of Miami and Nova Southeastern University. So this is actually the most funding that they've ever received, and they play an important role in our community to make sure that those families and those children receive the services that they need. Another important budget item, especially for the City of Miami, is Wagner Creek, and here we were able to obtain $250,000, and it was a Miami-Dade County priority, so I'm happy that we were able to accomplish that. Couple of bills that I will be going over. The first one, as Commissioner Suarez mentioned, is extremely important, extremely important to our community. The second one deals with out-of-state fee waivers for active duty service members. The third one deals with ad valorem taxation. The fourth one is of particular interest for the City of Miami. I know that Willy Gort -- Commissioner Willy Gort and the Mayor and this Commission wanted to take action in terms of making sure that single-family neighborhoods and neighborhoods were protected and their composition was intact, so this piece of legislation we'll discuss as we go forward. The next one deals with a tax cut package, and the last one deals with school choice. First bill is -- and Commissioner Suarez detailed it, I mean, to the point. It is of the utmost important [sic] that this piece of legislation in November, when the residents see it on their ballots, that they please support it. It is -- it's extremely important, because low-income seniors are, essentially, as of right now, losing their property tax exemption due to the fact that their property values are appreciating; no fault of their own, but the property values are appreciating, and they're losing that property tax exemption. I think it's important to note that in South Florida, we don't necessarily live in a local real estate market; we live in an international real estate market, so you have a lot of investment that comes in from other parts of the world and that raises the price of property and many of these low-income seniors are essentially paying a price for that, and it's no fault of their own. So I think that this piece of legislation will greatly benefit them and make sure that they are able to keep their homes and make sure that they are able to live a peaceful life going forward.
Commissioner Suarez: Mr. Chair, if I may?
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: I'll just say that there's another piece here that's -- what makes this so important -- and I thank the Senator who's in the audience as well -- you know, this inordinately affects places like Miami in the State of Florida, because our property values are so high that -- you know, in other parts of the State, you don't have this phenomenon. So it really was a testament to their leadership in getting this accomplished, because this phenomenon doesn't exist anywhere else in the State, so.
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Senator Avila: So, as I stated before, this amendment you will -- this constitutional amendment you will see on your ballots in November; and as this Commission just did, please, we urge you to support this; our low-income seniors really need it, so thank you. And as Commissioner Carollo mentioned, the property appraiser was very instrumental in making sure that this was passed, as well. He was constantly up there in Tallahassee and constantly talking with me on the phone about this. It's an issue that he's been championing for several years, and I'm just glad that we were able to accomplish it this past session. The next bill is -- it deals with out-of-state fee waivers for active duty service members, and essentially, right now there is no state in the Union that offers in-state tuition for any active duty service member, regardless of where they live. Because of this legislation, the State of Florida is the first and the only state to offer this benefit to our active duty service members. So regardless of where they live -- they could live in New York, or they could be stationed in Kuwait, or they could be stationed in South America -- those service members, if they want to take courses at our universities, they will be able to do so at the rate of our residents, so they will not have to pay extra in order to study here at our schools. And as I mentioned before, the State of Florida is the only state to offer this benefit, and that's why we strive to become -- or to be the state that is the most military-friendly in the Union. The next bill deals with ad valorem taxation, and this is also a bill that I was able to work with the property appraiser, as well as Senator Anitere Flores, and she and I saw a problem. And I don't know if the Commission and the residents remember, but a couple of years back -- two or three years back, we had an issue with the property tax appeals process, and what ended up happening was that you had teachers -- the United Teachers of Dade essentially suing the County Mayor, and the School Board was thinking of taking other actions separately, because those special districts and the School Board and the County government were not receiving the funds that they were supposed to be receiving at that particular time, because the tax rolls were not being completed on time. So, for instance, to give you an example, the property tax rolls for 2013 were actually just finished in 2015, so we're talking about two years in order to complete the tax roll. And when you have that delay, you also have a delay in terms of funds being allocated to special districts, like the Children's Trust, the Water Management District, the School Board, the County government. So this was a big reform package to make sure that this process was as efficient as possible and also as tax-friendly -- tax-payer-friendly as possible, so we made it easier for taxpayers to appeal their property tax assessments, but we also instituted deadlines for those tax rolls to be completed so that those districts and those -- the School Board and the County government receive the funds when they're supposed to receive those funds. This next bill -- and I had the honor and the privilege of working with one of the hardest-working members in the Florida Legislature, Senator Diaz de la Portilla, on this bill, and it deals with residential facilities, which I know that Commissioner Gort has been championing for many, many years, as well as the Mayor; and it's of particular interest for the areas that we represent, Commissioner: the Allapattah/Flagami area and so on. And I was just delighted to work with all of you and to work with Senator Diaz de la Portilla to get this accomplished. I know that the Commission had been working on this for multiple years, and I'm glad that we were able to take a step forward and get this victory. This piece of legislation essentially puts in distance requirements for what we term as “community facilities” or “residential facilities”; for lack of a better term, for ALFs (adult living facilities), so to speak. And the essence of this is to try to make sure that the composition of a neighborhood remains intact, and so that we don't have a cluster of ALFs gathering together and essentially disrupting the makeup of a single-family neighborhood. The next bill is a tax-cut package, and this tax-cut package has several components to it. One of the main components is the $428 million in property tax relief for Florida's homeowners. So this $428 million was put in, in essence, to make sure that there wasn't any sort of property tax increase for our residents, for Floridians; and I think that that's a very important component to this tax package, because the last thing that we want is to raise our property taxes on homeowners that, as of right now, are -- they're -- quite frankly, they're struggling to get by, and we want to make sure that we do everything to help them out. The next one is the most important part -- second most important, I think, is the three-day back-to-school sales tax holiday. This is where parents, especially low-income parents, take advantage of this benefit, and they buy their supplies and the resources for their children; and they literally look at
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these dates as extremely important to them, because they don't have the resources available to them to -- essentially, to buy many supplies, except for this period of time where they don't have to pay the taxes on it. So this is a way of helping our families and fighting for them, so I think it's a very important component, and it is a three-day back-to-school sales tax holiday. And the last bill, it deals with school choice; and this was a very big package, a very big bill. It comprised of multiple bills put into one, but I think that the most component part -- the most important part in this bill deals with parents being able to essentially take their children to another school that has capacity for them. So, for instance, if a family lives in the City of Miami but they work in, let's say, Aventura; if that parent -- to make it easier for them, if that parent would like to take that -- their child to Aventura, close to where they work, and put them in one of the schools in Aventura so that they're close in proximity, they can do that as of right now with this bill. It gives them the flexibility to be able to take their children close to where they work; that way, they are not going back and forth in terms of if they work in Aventura, but they live in Miami, they're not coming back and forth to pick up their child. It's easier for them and less burdensome. So I think that that's an important part to this bill, and it also has some other components to it. It also deals with sports and FHSA (Florida High School Athletic Association) and makes sure that students are more flexible and are able to play different sports at different schools if they so choose.
Chair Hardemon: Sir, I wouldn't typically rush you, but today, as you can see --
Senator Avila: Yes.
Chair Hardemon: -- there's a reason why lots of people are here.
Senator Avila: Yes.
Chair Hardemon: We're working on a very tight time schedule.
Senator Avila: Yes.
Chair Hardemon: So, if you would, come to a conclusion.
Senator Avila: You hit it right on the head. So this is --
Commissioner Suarez: That's how we do it here in Miami.
Senator Avila: Thank you, Mr. Chairman. And this is the last slide. It's my information; my district office address, as well as the phone number, and my email. My door is always open to the Commission, to the residents; to anyone that has any concerns or any issues, please feel free to either give us a call or visit. As I said, my door is always open and will always be open. Thank you.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Representative Avila and Senator Diaz de la Portilla, I want to thank both of you, because I've seen you in my neighborhood constantly walking around, so you know the needs that we have, and the legislation you propose is very important to help the people in our community. So I want to thank both of you.
Senator Avila: Thank you, Commissioner. Thank you, Commissioners. Thank you, Chairman. I appreciate your time. And as I said, if there's anything that I could be of help with, please let me know. Thank you.
Commissioner Gort: We'll be there.
Chair Hardemon: Thank you very much.
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PA.2 PRESENTATION 16-00454 District 2 - PERSONAL APPEARANCE BY WAYNE PATHMAN, CHAIRMAN, AND THE Commissioner Ken MEMBERS OF THE CITY OF MIAMI'S SEA LEVEL RISE COMMITTEE TO Russell DISCUSS THEIR WORK OVER THE PAST SIX (6) MONTHS.
16-00454 E-Mail - Personal Appearance.pdf
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 PA.2 to the June 23, 2016 Planning and Zoning Commission Meeting.
Chair Hardemon: All right. Moving back to the regular agenda.
Commissioner Carollo: Can we do RE.3? Let's go to it --
Chair Hardemon: No, I mean --
Commissioner Carollo: -- since that was the time certain at 5 p.m.
Chair Hardemon: -- but that was the thing that we ended up moving. PA.2 was continued, right?
Commissioner Suarez: Which one?
Chair Hardemon: Or is there a motion to continue PA.2?
Commissioner Suarez: I don't --
Chair Hardemon: That was a personal appearance by Wayne Pathman.
Commissioner Suarez: Yeah, I don't see him here. Move it.
Vice Chair Russell: Which one?
Chair Hardemon: The PA.2.
Vice Chair Russell: PA.2 is Mr. Pathman?
Chair Hardemon: I know I saw him -- I don't want to misspeak -- I thought I saw him yesterday. And yesterday, he stated that he wasn't going to be able to be speak today, because the time certain -- he couldn't be here at a certain time.
Vice Chair Russell: That's right.
Chair Hardemon: And so that he wanted it to be continued to the next agenda.
Vice Chair Russell: Okay.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: Yes.
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Commissioner Suarez: If I can -- if we can do PH.1, just because it involves my district, and I'm only going to be here for another 30 minutes?
Chair Hardemon: PH.1? Sure. But can we continue PA.2?
Commissioner Suarez: I'm sorry? Yeah.
Chair Hardemon: Without any objection, can -- without any objection, PA.2 is continued.
Commissioner Suarez: Yes.
Chair Hardemon: All right.
END OF PERSONAL APPEARANCES
PUBLIC HEARINGS
PH.1 RESOLUTION 16-00690 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE Works PERMANENT RESTRICTION OF VEHICULAR ACCESS, SUBJECT TO A MINIMUM NINETY (90) DAY TRIAL PERIOD, TO SOUTHWEST 34TH AVENUE AT ITS INTERSECTIONS WITH SOUTHWEST 11TH STREET AND SOUTHWEST 16TH STREET, MIAMI, FLORIDA AND SOUTHWEST 36TH AVENUE AT ITS INTERSECTION WITH SOUTHWEST 16TH STREET, MIAMI, FLORIDA; SUBJECT TO FINAL APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR; SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE AGENCIES DESIGNATED HEREIN. 16-00690 Summary Form.pdf 16-00690 Notice to the Public.pdf 16-00690 Memo - Solid Waste Dept.pdf 16-00690 Memo - Police Dept.pdf 16-00690 Memo - Fire-Rescue Dept.pdf 16-00690 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-16-0252
Chair Hardemon: PH.1.
Commissioner Suarez: Very quickly, PH.1 is La Pastorita Neighborhood that is getting -- this is a public hearing item to restrict vehicular access to that neighborhood. It's a neighborhood that has received a tremendous amount of cut-through traffic. We have studied the issue. The County has allowed us to do temporary Jersey barriers, which could potentially become permanent if the studies so show that there's a substantial reduction in traffic for that neighborhood. This is a quality of life issue. As you know, I've been pushing for these kinds of quality of life issues with cut-through traffic in my district, and, really, in all of our districts, since I got here. We just negotiated the MOU (Memorandum of Understanding) with the County, which -- is it executed or
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not?
Unidentified Speaker: Yes.
Commissioner Suarez: Which is executed, which allows the City of Miami to have jurisdiction over traffic control devices, such as traffic circles and traffic tables, and I believe 90 percent of the residents or more are in favor of this restriction, so I move the item.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded. I'll open up the item for public hearing. Is there anyone from the public that would like to speak on cut-through traffic? Seeing none, I'll close the public hearing. Any further discussion? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
END OF PUBLIC HEARINGS
SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading 16-00687 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 2-885, ENTITLED "TERMS OF OFFICE; TERM LIMIT WAIVER", TO PROVIDE THAT BOARD MEMBERS' TERMS MAY ONLY BE EXTENDED FOR ONE (1) ADDITIONAL ONE (1) YEAR TERM; PROVIDING THAT SUCH EXTENSION MUST BE APPROVED BY FIVE (5) MEMBERS OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-00687 Legislation SR.pdf 16-00687 Mayor's Veto Message.pdf 16-00687 Veto Notification to Commissioners.pdf
Motion by Vice Chair Russell, 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
13610
Chair Hardemon: SR.1.
Daniel J. Alfonso (City Manager): Commissioner Ken Russell's item about term limits and board members.
Vice Chair Russell: Thank you. We've discussed this one before. I don't know if there's any change of heart amongst the board, but we did -- you know what I feel on this one. It's very important to me that we find new blood in our boards, and I think it's out there if we give them a chance. Term limits do require a 5-5 limit, and I just do have to say, for lack of getting this passed, I will be voting my conscience on that; not as a personal gesture to anyone, but in
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principle that if someone's gotten -- served their entire term and gotten a waiver to get an extended term, that's fine; but I will not vote for a five-fifths for a second term limit for someone; a term limit waiver, so that they can just continue to serve indefinitely. I -- it's just very important to me that we respect our term limits, and if we don't think we should have them that we eliminate them all together, but that's why I brought this forward, and I hope for your support.
Commissioner Suarez: Would you --
Commissioner Carollo: May --
Commissioner Suarez: -- go ahead.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: So, Commissioner Russell, what you're saying is that you don't think that Mr. Feinberg should continue being --
Vice Chair Russell: Again --
Commissioner Carollo: -- on the Finance Committee?
Vice Chair Russell: -- never, never a personal decision. And so if there's a extreme exception, someone's going to have to lobby me to why they need more than one five-fifths term limit waiver.
Commissioner Suarez: I'm with you. Is there -- would you -- you know, us, as elected officials, we can serve two terms; then we can wait a term, and then we can --
Chair Hardemon: Come back.
Commissioner Suarez: -- potentially come back. And this was something that was debated in the Charter Review Committee, to take that out; in other words, to make it a two-term-year limit, that's it. And it was voted down by the Charter Review Committee. It was voted down, 4 to 4, by the Charter Review Committee. So it died in the Charter Review, so it's not going to be coming before the Commission. But what I'm getting at is we have this requirement where we can only serve two terms and we have to sit out a term. Would you be willing to consider something like that? Because you don't want to foreclose someone from ever being able to come back on that board.
Vice Chair Russell: If I'm not mistaken, I don't think this would --
Commissioner Suarez: Okay.
Vice Chair Russell: -- keep that from happening --
Commissioner Gort: That happening.
Vice Chair Russell: -- in its current way that my --
Commissioner Suarez: They can come back in four years and two years, or whatever?
Vice Chair Russell: Yeah. There's a gap.
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Commissioner Suarez: Okay.
Vice Chair Russell: They can always come back, just like we could.
Commissioner Carollo: Actually, they could come back in one year --
Commissioner Suarez: In one year?
Commissioner Carollo: -- because the terms --
Commissioner Suarez: Okay.
Commissioner Carollo: -- are a one-year term.
Commissioner Suarez: Okay. My apologies.
Vice Chair Russell: Sure, just like we could; just like a President could. I mean --
Commissioner Suarez: No, not the President. The President's only two terms of four.
Vice Chair Russell: So -- yes. And it's --
Commissioner Gort: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Gort: As the oldest guy sitting here -- you know, historic knowledge is very important, and that is lost. One of the problems they had is the -- talking about the chairperson. The chairperson of each board is elected by the board members, so we don't decide who the chairperson is. And my commitment to the board members that I appoint, I always tell them, "You vote your conscience." I'm never going to influence their vote. So I don't think I can vote for this.
Vice Chair Russell: So I'm moving it. I hope for your support.
Commissioner Carollo: Second, discussion.
Chair Hardemon: Second, discussion. Excuse me, ma'am, would you like to talk on this one? I'd love to open up the floor for you.
Dolly McIntyre: My name is Dolly McIntyre, 409 Vizcaya Avenue, Coral Gables. I happen to have a letter in my computer that I'm addressing to you all about members of boards, and it has to do with attendance, in particular. A lot of these boards have a very important function, and some of them are not functioning, because they don't have enough to make a quorum. So this is very detrimental to the City; and certainly, it's holding back a lot of progress. So I'd like to suggest to you all that you have a workshop or something to figure out how you can get your board members more engaged; you advisory board and your quasi-judicial boards more engaged. I sat on a board for eight years and in that eight years, there was never a time we didn't have a quorum, and that's the way it should be, because we had a fully engaged, interested board. And so, when you make your appointments, make sure that they know they are obligated to participate. Thank you.
Commissioner Gort: We passed an ordinance that anyone that fails the three consecutive meeting, automatically, they're out and they cannot come back.
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Ms. McIntyre: (INAUDIBLE).
Commissioner Gort: We already have it. We passed that one.
Chair Hardemon: Is there anyone else from the public that would like to speak on this item? As far as discussion goes, being the youngest guy up here --
Commissioner Suarez: What's that?
Chair Hardemon: -- I'm the youngest guy up here.
Commissioner Suarez: Yeah, yeah, yeah; don't remind me.
Chair Hardemon: I want to hold onto it. I'm not the best looking, so, you know, (UNINTELLIGIBLE).
Commissioner Suarez: Thank you. Thank you, thank you, thank you. My wife appreciates that.
Chair Hardemon: Having people that come before you that can bring experience to a board, I think, is important. Board member, as the chairman -- I mean, as Commissioner Gort said, the board members select their chairperson, so -- and boards determine their projection, where -- you know, where they're going. And it would be a shame for me, if I had someone, like Ms. McIntyre, who, you know, I believe I just met. And Ms. McIntyre says, "Look, I've been a board member for eight years, and I've never missed a meeting, we've" -- well, "I've" -- "We've never lacked quorum." What that tells me about her is that she's fully engaged. And if I come in as a new Commissioner and someone like her has been on the board and someone told me that she had been serving for eight years, I would definitely strongly consider her to make an appointment for that next year, just because of that. And if I continue to believe that she's serving on that board and she's speaking some things the way that I believe I would, because, you know, we have the same vision, if you will, for the City of Miami, then I would reappoint her. And, you know, I -- it's a difficult thing, because we're essentially, with this ordinance, taking away that ability to do that. And it's one of those things where I feel like we're handcuffing ourselves, as Commissioners, when we shouldn't have to. The bottom line is that the only reason that Mr. Feinberg is reappointed or anyone else -- Ms. McIntyre is reappointed because someone thought that she did a good job.
Ms. McIntyre: Not only that, (INAUDIBLE).
Chair Hardemon: When you want to come back? So --
Commissioner Gort: I'll nominate her.
Chair Hardemon: -- right. So, I mean, it's those types of things that I think that Commissioners have that ability to make a decision, one way or another. There's some people that I reappointed and there's some people that I did not reappoint. There's some people I appointed and I removed, you know, in the short time that I've been here, on boards that I think are extremely important to our community. And so, you know, I made that choice because I had the right to make that choice. And so, I don't want to spend a lot of time, personally, doing the work of a board, because doing the work of a Commissioner is, you know, burdensome enough. And so, I appreciate the help that they give me, and, you know, I want to give them a little bit of latitude when it comes to their experience and what they can bring to it. If we were talking about -- well, we have term limits as Commissioners, but boards, I think, are -- it's just a different animal. And so, that's my only issue. And I understand, Commissioner, what you're saying. You're saying, "Look, I'm going to vote my conscience." Consciences change. Positions change on things, and I think that in the future, you may seem -- you may see what we see when we say that this is an
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issue that I don't think is as large or is as much of a problem as you think it is. And if you want to make changes to boards, you have the ability to do it. And so, we all want our boards to work, and that's -- you know, those are my two pennies about it. Yes, sir.
Miguel Soliman: Thank you very much, Mr. Chairman, for recognizing me, for giving me this opportunity. Miguel Soliman, 1436 Southwest 6th Street. Mr. Chairman and Commissioners, I agree with Commissioner Gort that history and experience is inreplaceable [sic], but -- and I agree with a lot of what you say; but also, there's a reason why our form of government is -- was created the way it was. And change -- there's a reason for change. We can't -- experience is great and everything, and trust me, I know -- you know, I understand and I sympathize with -- and agree with much of what you're saying. But then, I look at our form of government. There's a lot of reasons why you might be the best Chairman in the history of Miami, but there's a reason why you're here two terms and then someone else is elected to replace you, and that's because life changes and moves on. And we may have the best person at the time, but there may be someone around the corner that's better, and we may be losing out on that opportunity. And as far as voting out an existing member of a board, we all know how that works. There's -- you know, you develop friendships, you develop -- you know, when you work for someone next to you, another board member, you know, with that board members for years in, years out, and you develop friendships, you develop a closeness. You're not -- nobody's going to vote -- a new person that comes in is not going to get the support to vote out a person sitting, a chairman of that board; it's just not going to happen.
Chair Hardemon: No, and I completely understand that. And I guess the way that I see it is that the board members serve at the will of the Commission.
Commissioner Suarez: Yeah.
Chair Hardemon: And so the Commissioners have the authority to remove board members from their posts. And every four years, a new Commissioner is elected; either re-elected or elected. And when that new Commissioner, such as Commissioner Russell, steps into the shoes of -- in his district, the District 2 Commissioner, he has a choice to make. And part of his choices are who he's going to appoint to different boards. And I don't know who he's appointed to all his different boards, but I can probably guarantee that he's changed some things. And I did the same thing in -- on my boards, but I kept some things, also, because I saw some things working. And so -- and that's it. I think that if you're talking about limits, the limits are built in to the Commissioners, because the Commissioners are the ones that are term-limited. We can't serve more than two consecutive four-year terms, and that's what gives you the authority to remove board members from their posts. That's my thought.
Mr. Soliman: Thank you, Mr. Chairman.
Chair Hardemon: You're welcome.
Renita Holmes: Madam Holmes.
Chair Hardemon: I closed the public hearing, but I'll let you speak.
Ms. Holmes: Excuse me?
Chair Hardemon: I closed public hearing earlier, but I'll let you speak.
Ms. Holmes: I'm sorry. I had some other business --
Chair Hardemon: You wouldn't have -- otherwise, you wouldn't have snitched on me about some stuff and said the kind of thing -- but that's neither here nor there. We're not going to deal with
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that. We'll just -- we'll talk later, because I still have love for Ms. Renita Holmes.
Ms. Holmes: You love me, you appoint me to another board. And when you say "at-will," you know, and that's just about profiling; or sometimes, long-term issues or concerns or status quo occurs, and that's for me; particularly out of my district, because -- and where I come from, my population, my gender, my culture. And sometimes, folks don't like that I wake them up with the reality that I go through, because they have this status. And when you've been serving on a board, Commissioner, for a long time -- I know I do serve on other boards, besides serving here. I do actually have another life. I take seriously public service. And quite often, it's said that when someone serves on a board that they're doing the will; they're not a puppeteer. Sometimes, you have to do what's right. And you may not always have the information, or some folks don't report the information to you correct. So I have a feeling that sometimes, performance is never considered. And when I hear these explanations, it's like the performance is not considered. If I perform well on a board for two years; if I've learned, I've volunteered and done my public service, I want to move to the next level and move -- allow someone else in the position. So I want that to be considered. Is it more than just will? Nobody wants to be a puppet or a puppeteer. We want to have an opportunity to create a vibrant community of much will, address diversified and versatile servants. And where I come from, performance is an issue, because boards have to perform. They become stagnant. And this personality issue where somebody's a favorite of the Commissioner, there goes your opportunity. And I just want to say I want you to really consider that, because where I come from, performance on boards or opportunity on boards is based on your skills; not who you know and who you bow down to. I really want you to consider that. It could be very frustrating. You're doing good work, and someone sat there and know they're comfortable and talk to you like a dog; that's the reality of it. And so, that's what we're asking when we talk about reform; maybe watching over. You can sit on a board and some members may be appointed and they haven't attended for eight months. So that's what we're going through. And then one district as opposed to the next, I find there's great disparity. So please consider situations like that should be based on performance; not just being okay in the status quo.
Chair Hardemon: You're right.
Ms. Holmes: Thank you.
Chair Hardemon: Thank you.
Albert Gomez: I'm getting ready to leave, but I just wanted to make a comment, because I would stand with Ken on this one. I'm -- I sit -- I kind of stand and come to all the Sea Level Rise meetings, and I listen to the board --
Chair Hardemon: Excuse me. Could you state your name for the record, please?
Mr. Gomez: Albert Gomez, 3566 Vista Court. And one of the things that I saw, I've seen some of the members kind of show edges of climate denial and kind of pushing certain agendas; but at the same time, all of them agreed to put term limits and say, "Hey, we need to have new life in here, maybe a year's time; that way, we can replace them and get new people in." And one of the things is, is civic engagement is organic. You know, as people get engaged on issues, they come to Commission hearings, they hear something that motivates them. They come here and they could be subject matter experts on something. They can really bring something to the table. If the board is locked out or if there are not openings, or sufficient openings, everybody's vying for that seat to try to make change or be engaged or be civically engaged, and be on a board. If there are more openings, based on just general term-outs, I think there's more opportunity for getting new life, new ideas, and new change in the City. So just a thought.
Chair Hardemon: Thank you, sir.
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Mr. Gomez: No problem.
Chair Hardemon: I'm going to close the public hearing again, but seriously, this time. You're recognized, sir.
Vice Chair Russell: I can promise you, this is -- sorry. This is just the beginning of my efforts to really reinvigorate boards, and really have us value their findings; task them with things to bring to us to pass new legislation, and everything, when I was talking about interactive websites to outreach to letting anybody in the community know what boards there are, what they mean, what seats are available. And I guarantee you, we're going to have more input, more -- I just think that if the boards start to get stagnant, if they feel they're not being valued as their opinion, quorum is harder to reach, things get less interesting. There -- it's a vicious circle. And I think this is part of jump-starting that new life. And, of course, as was stated, this would only cause a mandatory one-year sit-out, if somebody really wanted to continue to be re-engaged.
Chair Hardemon: And I was about to get into that a little bit. You know, I'm a lawyer. When I read this, I think through it like a lawyer.
Commissioner Suarez: Yeah.
Chair Hardemon: So when I read it, I see eight consecutive year terms. So if I did seven and a half, that's not eight consecutive. I wouldn't have to sit out a year; I'd just sit out half a year, you know. Are you fine with that?
Vice Chair Russell: Say it again.
Chair Hardemon: If someone sits out for a half of a year, that's not eight consecutive year terms; it's seven and a half consecutive year terms. They sat out, and you say they're reappointed to a board. That is, theoretic -- when I read this, it looks like that's something that you can do.
Vice Chair Russell: Meaning once they're termed out, they get one waiver --
Chair Hardemon: They may not be termed out; they may never term out. You know what I'm saying? So if I'm seven and a half years in, I don't term out.
Vice Chair Russell: Meaning if you actually voluntarily sit out in the last six months --
Chair Hardemon: You don't volunteer anything; it's at the will of the Commission.
Commissioner Carollo: Mr. Chair, I'll go a step further. Why six months? Why not two days or one day?
Vice Chair Russell: So you're saying I've left a loophole.
Chair Hardemon: Well, I'm just telling you how the law can be applied. So that's --
Commissioner Carollo: We're trying to help you up here.
Vice Chair Russell: That's what -- yeah, that's what --
Commissioner Carollo: We're trying to help you up here.
Chair Hardemon: That's why I'm saying, listen, you know, we --
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Commissioner Carollo: You obviously saw we were in the same page really quick.
Vice Chair Russell: Yeah, I see what you're saying.
Commissioner Carollo: We're trying to help. So it's not even six months. It could be one day.
Vice Chair Russell: Sure. Madam City Attorney, have I allowed for a loophole here that we can tighten up the language a little bit?
Victoria Méndez (City Attorney): I would think that the particular board member would have to be -- would have to resign for a period of time, I guess, to not complete eight executive -- eight consecutive years --
Commissioner Carollo: One day.
Ms. Méndez: -- arguably.
Chair Hardemon: Well, that's what I'm saying. That's when we dig too deep into things. A Commissioner, a Commissioner can only serve two consecutive four-year terms. So I'll give you an example. I'm appointed to Commissioner for year one; I serve Commissioner two years, and then I have to run, right? So I run. And this probably -- this is probably -- almost like Commissioner Francis Suarez story -- then I run. Well, you -- I mean, you were elected, but you were elected for a shorter term first, right?
Commissioner Suarez: Two years.
Commissioner Carollo: Two years.
Chair Hardemon: You get a two-year term.
Commissioner Suarez: Half of Mayor Regalado's Commission term.
Chair Hardemon: So you had a two-year term.
Commissioner Suarez: Yeah.
Chair Hardemon: And then --
Commissioner Suarez: I had to run.
Chair Hardemon: -- you run for office.
Commissioner Suarez: And Willy had to run three times.
Chair Hardemon: And then he has an election. He does four years.
Commissioner Suarez: Right.
Chair Hardemon: And then he's actually eligible to run again, because there's two consecutive four-year terms.
Commissioner Suarez: Correct.
Chair Hardemon: So he now is a 10-year Commissioner.
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Commissioner Gort: 10.
Commissioner Suarez: Yeah --
Chair Hardemon: So there's all these nuances that are created just because --
Commissioner Gort: They're created.
Chair Hardemon: -- you know.
Commissioner Carollo: Which is, in essence, what happened with Commissioner Sarnoff.
Chair Hardemon: Right.
Commissioner Suarez: And Willy's had to run a bunch of times, too. Look, I think there's -- I'd like to just chime in for two seconds. You know, Allyson, who is a dear friend and someone I talk to on a regular basis on this issue, I mean, she has really -- there's a lot of people that have really strong thoughts on this. You know, from my perspective, I think we all agree -- even they agree, I think -- that Commissioners have the right to replace board members. Right? I mean, we all agree on that. By taking this maneuver, we are basically replacing the board members.
Chair Hardemon: Right.
Commissioner Suarez: Which is what the --
Chair Hardemon: That's my right.
Commissioner Suarez: No. We are -- this -- no, I'm kind of going at it from the other perspective. Let me explain. We have the right to replace any board member. By doing this, we are replacing all board members that are beyond this, so we are taking that action to do that. Do you get what I'm saying? So, I mean, that's essentially what we're doing. So if you don't get offended when a Commissioner is going to remove you, which you shouldn't get offended, because it's not like a life term appointment; even though I've had board members that I've tried to replace that have literally been offended, literally been offended. They've been like board members that have been there for a long time. And I wanted to replace one, and the person got, actually, personally offended. I just think with this, if we do this -- I could go the other way on this. I'm going to go with you on this, okay? I could go the other way. I could go -- I'm going to go with you on this, and I'm going to take this little ride with you and see where it goes. Allyson's going to be upset with me. She's going to --
Vice Chair Russell: And me.
Commissioner Suarez: Huh?
Vice Chair Russell: And me.
Commissioner Suarez: And you. But what I'm saying is that we're doing the same thing. We could remove people individually, or we're essentially saying we're removing a class of people, which is the people who have already been on for a period of time; that's really what we're doing.
Chair Hardemon: Come on down. You're the next contestant.
Allyson Warren: Hi. Allyson Warren, 650 Northeast 82nd Terrace. My question is, each one of
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you has the absolute ability to replace your board members. And if you're the new Commissioner, you have the absolute right, obviously, to replace everybody that was there before and appoint new people. However, what do you do with the Mayor's appointees, where he wants to continue people past that term, if he inherits them halfway through? The Mayor doesn't get a vote down here. So what happens when a Mayor's appointee carries over; or somebody like the gentleman who's been the chairman of the Civil Service Board for -- God, since I don't -- I think he had a lot more hair? How do you explain to somebody like the longer-term board members who served for free; some boards who haven't had quorum problems for 15, 18 years; for people --? Again, some boards meet three nights a month; that's a lot of free time that is being donated to the City. Where I don't understand the concept is that what you're saying is you are taking the responsibility for taking off his appointee without --
Vice Chair Russell: Not at all, not at all.
Ms. Warren: -- yeah, that's basically it.
Vice Chair Russell: If I may, Mr. Chair?
Ms. Warren: Isn't it?
Chair Hardemon: You're recognized.
Vice Chair Russell: No. Nobody is entitled to their board seat.
Ms. Warren: No, and I'm not suggesting that they are.
Vice Chair Russell: And their -- and the term limit waiver is not kicking off -- not granting a waiver is not the same as kicking someone off.
Ms. Warren: Yeah, it really is.
Vice Chair Russell: It's not, because we have a term limit. And then, if we just keep granting waiver after waiver, there really is no term limit. This actually takes that personal decision out of our hands. So it's not a personal, "I don't want you here anymore," or whether it's the Mayor's person or whether, you know, they're very engaged. It's simply a rule that all of us elected officials have to follow, and it makes space for the next generation of civic leaders to find their home and get excited, and get involved.
Ms. Warren: Which is a lovely idea, but when you replace the people who've been there and have learned the law and the way that the City law works -- some boards are also codified under State law -- who's going to teach them?
Vice Chair Russell: Who's going to teach the next person that comes in when we have to leave?
Ms. Warren: Well, yeah, but you get paid.
Vice Chair Russell: By the end of our term, we'll be so good at it, we should stay; just let us stay here.
Ms. Warren: You get paid to be there; we don't. We don't even get a bottle of water, most of us, for whatever time we're there, you know. There was a time that one of the quasis got -- had the ability to receive City insurance. I don't know if that's the case anymore; I haven't looked. One other board, which is --
Commissioner Carollo: No, the Commission -- that was one of the adjustments the Commission
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made and --
Ms. Warren: That's what I figured, but there --
Commissioner Carollo: -- we took all that away --
Ms. Warren: Which is fine.
Commissioner Carollo: -- during the financial crisis.
Ms. Warren: Yeah. No, that's fine -- and that's fine. One other board had received at one point $300 per meeting. I don't know -- I'm assuming the City also eliminated that, which is fine.
Commissioner Suarez: Yes.
Commissioner Carollo: The Commissioners; the Commissioners up here eliminated that during the financial crisis. We --
Ms. Warren: Right. And that's all -- well, that's all fine, but understand that the people that you're talking about replacing have made a commitment and spend many long hours, unpaid, away from their homes, away from what they would normally be doing otherwise, to be here to further the City, to help the City. And by saying, "Oh, by the way, you're out of here" --
Vice Chair Russell: Not at all.
Ms. Warren: Yes.
Vice Chair Russell: A term limit is not a -- an ingratitude; it is a term limit. And that person who's dedicated their life, getting nothing, can continue to come to those board meetings, mentor the new people, and stay involved.
Ms. Warren: And why would they do that if they'd just been pushed off the board?
Vice Chair Russell: Because they love it. This is -- what you're saying, you --
Ms. Warren: Oh, free love. Okay.
Vice Chair Russell: You're doing free love now. This is -- you're not --
Ms. Warren: Yeah.
Vice Chair Russell: -- getting paid to be on this board.
Ms. Warren: This is true.
Vice Chair Russell: But what I'm saying is the actual appointments would now -- it -- we would take out of our hands the ability to just continue to extend and waive a term limit; otherwise, why have a term limit?
Ms. Warren: You still haven't answered that first question now.
Vice Chair Russell: What was your first question?
Ms. Warren: What do you do about the Mayor's appointees where the Mayor chooses to keep somebody over?
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Vice Chair Russell: This applies to all.
Commissioner Gort: It applies to everyone.
Ms. Warren: Okay. I'm sure the Mayor will be like happy to hear that.
Vice Chair Russell: He has a term limit, too.
Ms. Warren: Probably. So what would happen if, hypothetically, rather than bring a board appointment back for a five-fifths vote that if it was simply termed -- deferred until the appointing Commissioner or Mayor was termed out of office?
Vice Chair Russell: Is that a question?
Commissioner Carollo: Is that a question?
Ms. Warren: Yeah. Tell me --
Chair Hardemon: Yeah. It's actually a very good question.
Ms. Warren: Thank you.
Chair Hardemon: It's actually a very, very good question.
Commissioner Carollo: Is there an answer?
Ms. Warren: If the appointment simply isn't brought back until that appointing person is out of office -- your term expires in whatever year. You have people who are coming up for a five-fifths at the end of that point in time; or someplace, perhaps, before that. If you decide to defer that person's reappointment, they continue on the board, period.
Vice Chair Russell: Correct.
Ms. Warren: Until replaced.
Vice Chair Russell: That is true.
Ms. Warren: And then, the next person that comes in should have the ability to appoint or reappoint the board member of their choosing as the new Commissioner, correct?
Vice Chair Russell: True.
Ms. Warren: So what would keep somebody --?
Vice Chair Russell: Up to the limit. That's -- we have a term limit; it is there.
Ms. Warren: That's still not my question, but okay.
Chair Hardemon: Okay. Thank you.
Ms. Warren: Thank you.
Chair Hardemon: Thank you very much. I do appreciate a lot of the thought-provoking questions that she brought up, and I must admit, I mean, this is a tough one for me. Like I said, I
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think that you would someday come and have a change of heart and say, "You know, probably not going to vote against every five-fifths waiver," but you may. I mean, I don't know. You look like Superman with the thing -- you know, you may do something that is just incredible that surprises me. So I'm going to vote what I believe would be the smart way and --
Ms. Méndez: Chairman.
Chair Hardemon: -- utilize the law. Yes.
Ms. Méndez: I apologize, but since you and Commissioner Carollo had brought up the potential loophole --
Chair Hardemon: No, no, we're okay. We like the motion like it is.
Vice Chair Russell: But the -- well, the clarification for that would be that any portion of a term is considered the same as a full term. Would that fix that?
Chair Hardemon: Okay, that's another good one.
Ms. Méndez: The suggested language would be: "This subsection cannot be circumvented by a voluntary sit-out of any portion of the consecutive eight years."
Vice Chair Russell: That would work for me.
Commissioner Carollo: I'm sorry, say that again.
Chair Hardemon: Yeah.
Ms. Méndez: This subsection -- I would add this line to "C," where the changes are in the -- in this ordinance, and it would be: "This subsection cannot be circumvented by a voluntary sit-out of any portion of the consecutive eight years."
Chair Hardemon: A voluntary sit-out? I'll take that language, too.
Commissioner Suarez: I didn't move it. I --
Chair Hardemon: City Clerk had some -- you know it's important, so.
Todd B. Hannon (City Clerk): Thank you, Chair. Madam City Attorney, how does that impact the section of the Code that allows for a board member to continue and serve until the successor is appointed and qualified?
Commissioner Carollo: That's what Ms. Warren was saying. That was her question.
Chair Hardemon: That was her question.
Commissioner Carollo: Yeah, right. That was her question.
Chair Hardemon: That was a good question.
Mr. Hannon: And just for the record, ultimately, that responsibility lies with the Commissioner to take action when notified that a particular board member has reached a particular period of --
Ms. Méndez: Right, but those are two separate instances.
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Mr. Hannon: Okay; just want to make sure we're --
Ms. Méndez: In this --
Commissioner Gort: It's a different ballgame.
Mr. Hannon: Okay.
Ms. Méndez: -- right. In this section, it would be -- I, Victoria Méndez, am on a board and know that my eight years are coming up in two months, and I decide to resign.
Chair Hardemon: Right.
Mr. Hannon: But again, it would be up to the Commissioner --
Ms. Méndez: And then I could be --
Mr. Hannon: -- to decide if they wanted to reappoint that person. So again, the responsibility will still lie with the Commissioner.
Ms. Méndez: Right. But then, you wouldn't have eight consecutive years if I decide to resign two months before I complete eight years.
Mr. Hannon: Sure, but that responsibility should still lie with the Commissioner to make that decision. "Oh, you know what? This person decided to resign seven years and 364 days into their eight-year consecutive years."
Ms. Méndez: Right.
Mr. Hannon: The Commissioner can then decide, "Oh, you know what? No" --
Chair Hardemon: Hey, listen, listen. It's a lot of talking. I know what my loophole is in this whole discussion. I don't want to talk about it anymore, so.
Vice Chair Russell: Voluntary --
Chair Hardemon: I don't want to talk about it anymore.
Vice Chair Russell: -- or involuntary?
Commissioner Gort: You got it.
Chair Hardemon: Yeah.
Vice Chair Russell: I mean, I'm counting on you to close the loophole. Because the Commissioner could also --
Commissioner Gort: There's no loophole, there's no loophole.
Commissioner Carollo: And if we're doing that, then we need to address --
Commissioner Gort: Hey --
Commissioner Carollo: -- Ms. Warren's question.
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Commissioner Gort: -- there's no loophole.
Chair Hardemon: Any further discussion about this?
Ms. Méndez: The "voluntary" one that I just -- deals with the original one. Now, I know where they're going with the second one, and that one is -- If you want me to close the loophole, we would have to take a little bit of a break on this one; other than that, it could -- this is my option to at least address that main concern.
Commissioner Carollo: And -- but that doesn't address Ms. Warren's concern.
Ms. Méndez: Right. Ms. Warren's concern is a little different, and that one is that the Clerk always has the responsibility to bring to the attention of this Commission, you know, who's reached the eight years, and then if it continues to roll over on an agenda, that's separate.
Commissioner Carollo: Right.
Ms. Méndez: And someone can choose to say, "Oh, I've noticed that this has continued to roll over," and call it to question, arguably, and then --
Vice Chair Russell: So under the current rules, though, once they've reached their term limit, they don't actually stop serving until someone is reappointed to that spot. I can't think of every single option. Let's just leave it as it is, with the amendment that you --
Commissioner Carollo: I would --
Vice Chair Russell: -- made on the --
Commissioner Carollo: I still want to address Ms. Warren's question.
Chair Hardemon: That may be a totally different bill that you have to -- or resolution that you have to create.
Ms. Méndez: That's a separate set of facts.
Commissioner Carollo: Right. And I think it should be addressed, because it's valid.
Chair Hardemon: But right now, if we're focusing on this resolution, we can't address her point with this resolution. This resolution is about board member term limits.
Commissioner Carollo: Right. But we could address it with an amendment, because it's still part of the same issue. And her issue is, once again, what if no member is appointed? So the way our current --
Chair Hardemon: But I believe it's a different section of the Code we'd be referring to.
Vice Chair Russell: Is it?
Chair Hardemon: Is it a different section of the Code?
Commissioner Carollo: I don't believe so.
Vice Chair Russell: It should be right in there.
Mr. Hannon: It's in the general section of the -- you know -- of the Code. I think it's 2-884 or 5
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-- 2-885.
Ms. Méndez: Right. That's not -- it's not in this section. We're just dealing with 288-5 here.
Chair Hardemon: Right; which is why you can't address it at this point.
Commissioner Carollo: And you're saying within this resolution, you can't address it?
Ms. Méndez: Within this ordinance, no, because it would be a separate section, which we haven't noticed, dealt with --
Vice Chair Russell: Which has to do with what happens once you've reached your term limit and you're not reappoint -- and someone is not reappointed to your seat; that's a separate issue. Okay.
Ms. Méndez: That's a separate section.
Vice Chair Russell: Then I'm simply asking for the amendment that you mentioned, which says you cannot circumvent the term limit by sitting out any portion of that term limit --
Ms. Méndez: Right.
Vice Chair Russell: -- of that term, if the mover and seconder would --
Chair Hardemon: Does the mover and seconder accept?
Vice Chair Russell: Yeah.
Chair Hardemon: I don't know who moved.
Mr. Hannon: The mover was Commissioner Russell; seconded by Commissioner Carollo.
Chair Hardemon: I'll take Commissioner Carollo's proverbial head nods as a "yes."
Commissioner Carollo: Yes, I'll accept.
Chair Hardemon: Seeing no further discussion on the issue, all in favor, say "aye."
Vice Chair Russell: Aye.
Mr. Hannon: Chair, it's an ordinance. We need to read the title into the record.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: Roll call on item SR.1. Commissioner Gort.
Commissioner Gort: Yeah.
Mr. Hannon: Commissioner Suarez.
Commissioner Suarez: Yes. I'll work with you, Allyson, to fix your issue.
Mr. Hannon: Commissioner Carollo.
Commissioner Carollo: Yes.
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Chair Hardemon: Vice Chair Russell?
Vice Chair Russell: Yes.
Mr. Hannon: Chair Hardemon.
Chair Hardemon: For.
Mr. Hannon: The ordinance passes on second reading, as amended, 5-0.
Chair Hardemon: It's one of those passes where you're like, "Something is wrong. I just know" -- you know something's wrong. You just can't quite put your finger on it, right?
Ms. Méndez: These darned attorneys and accountants.
END OF SECOND READING ORDINANCES
FIRST READING ORDINANCES
FR.1 ORDINANCE Second Reading 16-00676 District 2 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Ken 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, Russell FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", AMENDING SUBSECTION 2-33(c) TO REQUIRE THAT ANY AMENDMENT TO THE CITY CODE, OR TEXT AMENDMENT TO THE MIAMI 21 CODE, PROPOSED BY THE CITY ADMINISTRATION HAVE A COMMISSIONER AS A CO-SPONSOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 16-00676 Legislation FR/SR(v2).pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Russell, Carollo and Hardemon Noes: 1 - Commissioner(s) Gort Absent: 1 - Commissioner(s) Suarez Chair Hardemon: FR.1.
Commissioner Gort: FR (First Reading) -- what is it; FR.2?
Commissioner Carollo: FR.1.
Victoria Méndez (City Attorney): FR.1. This is also Commissioner Russell's item to require the sponsor.
Vice Chair Russell: Yes. This is the one I brought last time about looking for a co-sponsor amongst the Commission for major items being brought by Administration, and it was deferred, I believe. Right? And so that's why we're at FR instead of -- yeah.
Ms. Méndez: Yes. That's why we're at first reading again.
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Vice Chair Russell: Thank you. And is Commissioner Suarez gone for the day?
Chair Hardemon: Yeah.
Vice Chair Russell: Okay. He was my help on this one.
Chair Hardemon: You could defer it if you -- you could defer it.
Vice Chair Russell: We could defer it or we could deal with it.
Chair Hardemon: You can defer it if you want to. If you want him to be --
Vice Chair Russell: It's not an urgency.
Commissioner Carollo: No. I mean --
Chair Hardemon: Right, it's not an urgent thing, so.
Commissioner Carollo: -- I say we deal with it and between first and second reading, we could make any adjustments.
Vice Chair Russell: If it gets transferred --
Chair Hardemon: I'm trying to help you all get out of here, too, so.
Commissioner Carollo: So move it.
Vice Chair Russell: All right. And I second it.
Chair Hardemon: It's been properly moved and seconded.
Commissioner Gort: Discussion.
Chair Hardemon: Is there any person that'd like to speak on the item from the public? Seeing none, I will close the public hearing. Discussion, Commissioner Gort.
Commissioner Gort: Okay. How is this going to work? Are we going tell the Administration what issues should be coming up, or they'll come up with -- the Administration will come to one of us to sponsor?
Vice Chair Russell: The intention of this is to create more transparency on what the Administration is working on, so when they have an idea of something they'd like to bring on the agenda, anything legislative, they will come to us and find a sponsor. So nothing will come on this agenda without at least one of us being interested in it.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You -- Are you finished, Commissioner Gort? I'll go to Commissioner --
Vice Chair Russell: And it's not for everything. This is for changes in the text of the Code; this is to changes to 21; this is for major things.
Commissioner Carollo: And just for clarification or an addition, or further discussion with your explanation, I think that if it's something within the Commissioner's district, I think they should
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seek the sponsor to be that Commissioner from that district. So, in other words, in essence, you want more transparency, and to be able to be aware of what's coming before this Commission. I don't know if you would feel uncomfortable that something that happens, let's say, in your district; another Commissioner says, "Yeah, yeah, I'll sponsor it. Move it, put it on." You know, I think it should be the district Commissioner.
Vice Chair Russell: But seeing that these are not for any specific project, for example, like one specific Planning & Zoning item or issue, or anything like that, this is -- this has to do with sweeping changes. This is across-the-board changes.
Commissioner Carollo: So citywide changes; not district-specific?
Vice Chair Russell: Yes. I mean, in some cases, there will be --
Commissioner Carollo: And --
Vice Chair Russell: -- Planning & Zoning major changes that do affect one district more than the other, so.
Commissioner Carollo: So, like in the Planning & Zoning, when you say "citywide" as opposed to a certain district? Like -- I'll give you an example. PZ.7 today. PZ.7 today was deferred. Originally, it was citywide, but we all know it was generated by an issue that happened in District 3; still technically citywide. So are --
Vice Chair Russell: Yes. So the Administration would seek a sponsor, and I think each of us would, of course, keep in mind when the Administration comes to us, if it has nothing to do with our district --
Commissioner Gort: (UNINTELLIGIBLE).
Vice Chair Russell: -- there's going to be some deference there.
Commissioner Gort: Mr. Chairman.
Commissioner Carollo: Okay.
Chair Hardemon: You're recognized, sir.
Commissioner Gort: We keep talking about transparency.
Vice Chair Russell: About what?
Commissioner Gort: Transparency. And I agree with you. I think we get the Administration's proposals about a week before, or two weeks before, where we can read them; at the same time, if they -- after it's approved by the Chairperson, it goes into the software, and the people can pick it up and look at it. And we have, my understanding is -- at least I know -- they come to my office, they explain to me what they going to do and I ask all the questions, and we ask the questions here. So I think we have plenty of transparency. Now, the -- if you get one Commissioner that's going to be sponsoring just about every other item that comes, then people might think there's not that much transparency in there. So this is something you need to look at.
Commissioner Carollo: And one more thing. And the sponsorship is a sponsorship to discuss. You know, I don't mind it being a resolution or an ordinance, but I don't want that the sponsorship automatically is interpreted as "Yes, this is my item," or "Yes, I'm in favor of this."
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Commissioner Gort: My understanding -- yeah, you sponsor. That's what we looking --
Vice Chair Russell: It would be interpreted that way. And in many other levels of government, nothing will show up on an agenda unless a legislator wants it to. Now, that's my -- that's also my intention. It's not just about transparency; it's that if there is not one bit of legislative will amongst the five of us for an item to come, why is it going to show up on the agenda? It's going to cause all of the emails and phone calls, and stuff when there's -- it's a 0-5 vote to start with. So, in essence, the Administration has to sell us before it sells the public so that at least one of us believes this is something worthy of being on the agenda. So it does open up more transparency. And I think, too, we -- when we see it and it's a week and a half out, the Administration may have been working on something for six months, and we're only seeing it until the last second. And this will increase more of that interplay with us and the Administration that I'm trying to encourage.
Chair Hardemon: Commissioner Gort.
Commissioner Gort: Then I think we should be part of the process that you use to put your agenda together. I think we should participate in the process in putting the agenda together. I mean, it's --
Vice Chair Russell: You're playing -- it's too much; we're asking for too much involvement; that it -- that would just be -- understood.
Commissioner Gort: We're doing that.
Commissioner Carollo: I think there's some loopholes, but between first and second reading, we could address them.
Vice Chair Russell: Okay.
Commissioner Carollo: So, in other words, I'm going to be voting "yes."
Chair Hardemon: All right. This is an ordinance.
Commissioner Carollo: Yes.
Ms. Méndez: Were you going to open this up for --?
Chair Hardemon: I believe I've already done that.
Ms. Méndez: Oh.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item FR.1. Commissioner Gort.
Commissioner Gort: No.
Mr. Hannon: Vice Chair Russell.
Vice Chair Russell: Yes.
Mr. Hannon: Commissioner Carollo.
Commissioner Carollo: Yes.
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Mr. Hannon: Chair Hardemon.
Commissioner Carollo: Take it to second reading.
Chair Hardemon: Yeah, I know, but see, this is why I say --
Commissioner Carollo: Get to second reading.
Chair Hardemon: -- (UNINTELLIGIBLE) if I vote it down, then it doesn't move forward.
Commissioner Carollo: Take it to second reading.
Chair Hardemon: This is what I'm saying. And so, when you tell me, "Oh, I want to do a five" -- "I'm going to vote against every single five-fifths," I mean, these are the things that you have to start to consider; these are those little moves, you know, that you have to think about, because someone has the authority to kill something like this immediately; something that you care about, and that's all that we're saying. We're saying that, listen, if there's things that people care about, and they bring it -- enough to bring it to this Commission, then you should consider it, and don't just blanketedly [sic] say, "I'm not going to do it." You know, just think about it.
Vice Chair Russell: Understood.
Chair Hardemon: For.
Commissioner Gort: The question is which Commission you go to.
Chair Hardemon: Right. For.
Commissioner Gort: And then one Commissioner's going to have the right to eliminate for the rest of the Commissioners to decide on the matter.
Chair Hardemon: So the motion passed.
Mr. Hannon: The ordinance passes on first reading, 3-1.
FR.2 ORDINANCE Second Reading 16-00708 District 1 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 31/ARTICLE II/SECTION 48 OF THE CODE OF THE CITY OF MIAMI, Wifredo (Willy) Gort FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX ("BTR")/REVOCATION; SUSPENSION", IN ORDER TO SIMPLIFY THE REVOCATION PROCESS AND TO PROVIDE A MORE EFFICIENT AND EFFECTIVE PROCESS FOR THE REVOCATION AND SUSPENSION OF A BTR; FURTHER AMENDING CHAPTER 31/ ARTICLE II/SECTION 49 OF THE CITY CODE, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX ("BTR")/BTR ENFORCEMENT", TO PROVIDE FOR A MORE EFFECTIVE AND EFFICIENT ENFORCEMENT PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00708 Legislation FR/SR.pdf
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Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Hardemon: FR.2.
Victoria Méndez (City Attorney): FR.2 and FR.3 are sponsored by Commissioner Gort.
Commissioner Gort: The biggest problem that we've had -- and I have it in my neighborhood, and I think we have it all through the City of Miami: You have BTRs (Business Tax Receipts) and -- what do you call them? -- the BTR and the --
Ms. Méndez: Certificates of Use.
Commissioner Gort: -- Certificate of Use that is given to individuals, and a lot of people do not understand what the BTR and the Certificate of Use could be used for. And we have people that really are not functioning. Like, I had a problem with one of my areas where the residential -- there was a residence where the individual was having a body shop and a mechanic shop in the backyard, which was kind of dangerous. It took us -- because of the due diligence that we had to do and the due process, it took us quite a long time to get it resolved. I discussed it with the Attorney's Office, and we tried to come up with the legislation that would help us implement the -- in other words, there are these people that not using the CU (Certificate of Use) the way it should be used. The Law Department is going to come up with the application, where the people, when they apply for an application for the CUs, they understand what the use for that property, what the use should be for that particular place. And we can take -- right now, you commit a criminal activity, and you get picked up right away.
Commissioner Carollo: Move it.
Commissioner Gort: We could stop -- okay.
Chair Hardemon: Been properly moved and seconded by the Vice -- by Commissioner Gort. I open it up for the public for any discussion. Is there anyone that'd like to discuss the matter? It would -- we have to pay you for you to discuss the matter, and that wouldn't be fair. Seeing none, I close the public hearing. Any further discussion? Seeing none, all in favor, say "aye."
Todd B. Hannon (City Clerk): It's an ordinance.
Chair Hardemon: An ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Mr. Hannon: Roll call on item FR.2.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
FR.3 ORDINANCE Second Reading 16-00711 District 1 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2/ARTICLE IV/DIVISION 2/SECTION 2-211 OF THE CODE OF THE CITY OF Wifredo (Willy) Gort MIAMI, FLORIDA, AS AMENDED, ENTITLED
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"ADMINISTRATION/DEPARTMENTS/ PLANNING, BUILDING AND ZONING DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE", AMENDING SUBSECTION 2-211(B) TO PROVIDE FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE WHEN THE HOLDER'S ACCOMPANYING BUSINESS TAX RECEIPT HAS BEEN DENIED OR REVOKED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 16-00711 Legislation FR/SR.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Victoria Méndez (City Attorney): FR.3 had to do with the Certificates of Use, and it's the same concern that Commissioner Gort had described; it's just for a more efficient process with regard to the revocations and denials of Certificates of Use.
Chair Hardemon: Is there a motion?
Vice Chair Russell: Move it.
Commissioner Gort: Move it.
Commissioner Carollo: Second.
Chair Hardemon: Properly moved and seconded. Any -- seeing no persons that want to discuss this, I'll close the public hearing at this time; no further discussion on the dais. All in -- it's an ordinance.
The Ordinance was read by title into the public record by the City Attorney.
Todd B. Hannon (City Clerk): Roll call on item FR.3.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 4-0.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 16-00561 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning and Zoning ATTACHMENT(S), RESCINDING RESOLUTION NO. 15-0153, ADOPTED MARCH 26, 2015, IN ITS ENTIRETY, AND RESTATING SUPPORT TO THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") FOR THE CREATION OF THE MIAMI WORLDCENTER COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY FORBES MIAMI NE 1ST AVENUE LLC, MIAMI WORLDCENTER HOLDINGS, LLC, AND THEIR AFFILIATES AND SUBSIDIARIES ("DEVELOPER"), FOR THE TWENTY-THREE (23) +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHEAST 11TH STREET, ON THE SOUTH BY NORTHEAST City of Miami Page 52 Printed on 7/6/2016 City Commission Meeting Minutes May 26, 2016
6TH STREET, ON THE EAST BY NORTHEAST 2ND AVENUE, AND ON THE WEST BY NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS DEPICTED ON EXHIBIT "A," ATTACHED AND INCORPORATED, WITH CERTAIN PARCELS EXCLUDED, ALSO DESCRIBED IN EXHIBIT "A," AND URGING THE COUNTY COMMISSION TO APPROVE THE PETITION SUBMITTED BY THE DEVELOPER FOR THE CREATION OF THE CDD; NOTIFYING MIAMI-DADE COUNTY THAT THE CITY OF MIAMI HAS NO OBJECTION TO THE SECOND READING OF THE ORDINANCE CREATING THE CDD OCCURRING PRIOR TO THE SIX (6) WEEK PERIOD, AND TO RECEIVING NOTICE LESS THAN FOUR (4) WEEKS IN ADVANCE OF THE PUBLIC HEARING, AS REQUIRED BY SECTION 2-1, RULE 5.06(F) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AND ASSERTING ITS RIGHT TO RECEIVE NOTICE AT LEAST THREE (3) DAYS PRIOR TO THE PUBLIC HEARING ON THIS MATTER; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE COUNTY COMMISSION.
16-00561 Summary Form.pdf 16-00561 Legislation v2 (06-09-16).pdf 16-00561-Submittal-Melissa Faeber-Maps (Updated).pdf 16-00561 - Exhibit (06-09-16) SUB.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.1 was deferred to the Regular City Commission Meeting scheduled for June 9, 2016.
Chair Hardemon: RE.1.
Daniel J. Alfonso (City Manager): Mr. Chairman, RE.1 is -- the Department of Planning & Zoning bringing this item. This is the Worldcenter CDD (Community Development District). It's a resolution restating support for the Miami-Dade Board of County Commissioners for the creation of Miami-Dade Worldcenter's Community Development District.
Chair Hardemon: I'll open up a public hearing at this time. Is there anyone from the public that'd like to speak on this item? Seeing none, I'll close the public hearing. Any discussion from the dais?
Todd B. Hannon (City Clerk): Excuse me, Chair. It's my understanding that this item is going to be modified.
Victoria Méndez (City Attorney): There's a substitution just clarifying the exhibit with regard to those things that are going to be excluded, those properties that are excluded; just clarifying the actual -- which ones are in the CDD and which ones are out of the CDD. And because there have been a couple of resolutions that have been involved with this, so that is in order to clarify the final exhibit.
Chair Hardemon: Any discussion from the dais?
Ms. Méndez: And it also waives the notice provisions of the County in between the readings; it's supposed to be six weeks. So it's just saying that we don't mind for the County to take this up whenever they need to take it up, and they don't have to wait the full six weeks.
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Chair Hardemon: Commissioner Gort.
Commissioner Gort: The question is, my understanding is the property owners are the same of all these properties included.
Mr. Alfonso: I'm sorry, say that again, Commissioner.
Commissioner Gort: These properties that being included into the CDD, they all owned by the same corporation?
Mr. Alfonso: There are some properties that are now being excluded.
Commissioner Gort: I know. I understand that. (UNINTELLIGIBLE) that being excluded because they don't want to be part of that.
Mr. Alfonso: The ones who are being excluded don't want to be part of it, because the -- oh.
Chair Hardemon: This doesn't affect their financing? I mean, obviously, it affects their financing, because the lesser properties now have to pay a bigger share, but they're perfectly okay with that, correct?
Mr. Alfonso: That could be something; however, lesser properties also requires less infrastructure, so --
Chair Hardemon: Oh, so they're not providing the infrastructure for those properties being excluded?
Mr. Alfonso: Right.
Chair Hardemon: Okay. I thought it was just the matter of the CDD and the financing of those improvements.
Mr. Alfonso: The Community Development Districts are normally formed to finance a certain amount of infrastructure, so if some properties are left out of the CDD, then they wouldn't be getting that.
Chair Hardemon: I just want you to clarify the language, because when you say that to me, if there -- you could make an improvement to my street, and if I'm a part of the CDD, I pay for it. If I'm not a part of the CDD, you could make improvements to my street and I don't pay for it. Which are we doing?
Mr. Alfonso: If they're being left out of the CDD, there's no requirement for the CDD to improve the front of their street; they're out. Now, if they're on the street across the street --
Ms. Méndez: Would you like to see the new exhibit, just to see if that clarifies the --
Chair Hardemon: Well, is there anything -- my question is this, and I want to make it very clear: We're taking some properties out of the CDD. The CDD is a taxing instrument that they use to finance improvements within the area. But primarily, to me, first, it is a taxing instrument that the property owners then have to pay that tax or that fee back to the developer. But it does not necessarily relieve the developer of the necessity of making improvements on the property. So what I'm asking, is it in this agreement? Because I didn't comb through this one, and it was just for my knowledge. It's not like it's going to negatively the City of Miami, but are they going to still make improvements to those areas that are being removed from the CDD?
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Mr. Alfonso: My understanding is -- I mean, improvements are still going to be made. What I'm saying is that to make the statement that you will force the remaining CDD members to pay more is not necessarily a blanket statement that you can make. It may, if they do the exact same improvements that were planned, but because the area -- considerably smaller, there may be some improvements that they don't make; in which case, that will offset for the ones that remain some of the cost.
Commissioner Gort: It's like a special assessment.
Chair Hardemon: Right.
Commissioner Gort: In other words, that was a law that was created by the State of Florida to create the developments, and being able to finance through that method. The property owner, they all -- they have their own government, like -- sort of like -- and they create a bond issue to do the infrastructures.
Ms. Méndez: Chairman, I see now what you're referring to. If we could just pass it, just to answer that question for you, and just to get a little more information, because I see what you're saying with regard to the excluded parcels; and then, there's still going to be -- it seems to be benefit there. Maybe you have an answer?
Marissa Faerber: Yes. Hi. Marissa Faerber with offices at 333 Southeast 2nd Avenue. Just to give a little bit of clarification, the parcels within Miami Worldcenter, there was a parcel excluded and a parcel included; there was a land swap that occurred. So this resolution is merely to correct almost a scrivener's error of what property is to be included within the district; that's all we're doing here.
Chair Hardemon: Right. But my question is: The property that's being now excluded, will you be making improvements -- will the CDD be making improvements -- or the entity, developer be making improvements in that property, or will someone else be making those improvements?
Ms. Faerber: The improvements -- none of the improvements are changing; it's just that now the boundaries are going to be contiguous. There was a gap -- or a hole -- so now the boundaries are contiguous. All of the improvements remain the same.
Ms. Méndez: If you want, I can just circle some of the -- because I see now, based on his question, and if you look at the map, there's basically parcels that are shaded dark, and then they are the excluded parcels. And then -- but they are still contiguous to some of the portions that look like if they're going to be benefited from the CDD, but then don't necessarily look like if they'll be paying anything. So if there are any like street improvements, you know, beautiful landscaping, certain things, but -- am I articulating more --
Chair Hardemon: Okay, and I'll tell you how it affects me. It affects me, because the Worldcenter comes to me and says, "We need a certain percentage of TIF (Tax Increment Fund) dollars to make this improvement. If we don't have these improvement dollars that go along with the dollars we're going to generate from the CDD, then we can't do this project the way we say." Okay. And then, what happens is, you say, "I'm going to, as a CDD, generate less funds in the CDD." And so, if you generate less funds in the CDD now, then your statement that you need more money from me should equally remain true, because now, you have less money on your side, so you shouldn't have enough money to make the improvement that you planned on making. So if you're telling me that with less money raised that you're going to make the same improvements, then that's my issue. I just want to know what I'm dealing with, and what the truth is, so I know when I go revisit the TIF agreement, you know, I can address it properly.
Ms. Faerber: Right. I understand. It's my understanding that the amount of property within the
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CDD is essentially remaining the same. So I'm not sure if that answers your question or not.
Ms. Méndez: Chairman, if you'd like, we'll just pass it and we'll discuss it with them, and then we'll come back to it.
Later...
Chair Hardemon: RE.3.
Ms. Méndez: Chairman, could you -- which one? I'm sorry.
Chair Hardemon: RE.3.
Commissioner Carollo: RE.3.
Chair Hardemon: Right? RE.3; the bid protest.
Unidentified Speaker: Should I wait or should I --?
Commissioner Carollo: No.
Unidentified Speaker: No.
Commissioner Carollo: No.
Ms. Méndez: Chairman, do you mind if we take just a three-minute break?
Chair Hardemon: You can take a five-minute break.
Ms. Méndez: Thank you so much.
Chair Hardemon: Calling the meeting back into order. Before we move on to RE.3; RE.1, I believe there was a --
Mr. Alfonso: Yes, Mr. Chairman, if I may. RE.1, we'd like to defer that item to the next Commission meeting. There was a map that we'd like to replace.
Chair Hardemon: Sounds pretty well. It that carried by any of the Commissioners, that motion?
Commissioner Gort: Move it.
Vice Chair Russell: Yes.
Chair Hardemon: All right. So it's moved by Commissioner Gort; carried by the Vice Chair. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.2 RESOLUTION 16-00380 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY
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THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ASPIRA OF FLORIDA, INC. AND ASPIRA PROPERTIES, INC. (COLLECTIVELY THE "LICENSEE"), FOR USE OF VEHICULAR PARKING SPACES ON CITY-OWNED PROPERTY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, IN EXCHANGE FOR THE CITY'S USE OF LICENSEE'S FACILITY, LOCATED AT 1900 NORTHEAST MIAMI COURT, MIAMI, FLORIDA, FOR THE ESTABLISHMENT OF A NEIGHBORHOOD ENHANCEMENT TEAM OFFICE AND OTHER ANCILLARY USES, AS REFLECTED IN THE AGREEMENT. 16-00380 Summary Form.pdf 16-00380 Legislation.pdf 16-00380 Exhibit.pdf
Motion by Vice Chair Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0253
Chair Hardemon: RE.2; Aspira.
Daniel Rotenberg: Good afternoon, Commissioners. Daniel Rotenberg, director of --
Commissioner Gort: Speak in the microphone.
Mr. Rotenberg: Department of Real Estate & Asset Management. RE.2 is a resolution of the Miami City Commission, authorizing the City Manager to execute a revocable license agreement. This is for the parking of approximately 30 cars --
Commissioner Gort: You'll be able to do this?
Mr. Rotenberg: -- at 150 Northeast 19th Street. Aspira is a charter school. They need the spots next door. It's not affecting the park, itself -- the parkland itself; it's on the other side of Benson Park. We had a question -- or a motion to amend this bid on the floor, so we -- the revocable license would be brought back in a year from now for a review by the Commission; and at that point, we would lessen -- they have right now 180 days for notice to revoke the license. At that point, we would lessen possibly the revocable license to a 90-day notice, but that's up to you whether or not you want it to move ahead. The revocable license isn't really going to affect the surrounding area.
Chair Hardemon: Any discussion on the motion?
Vice Chair Russell: Yes. Just to clarify, this is a -- and I spoke with Mr. Rotenberg today to understand better. So this is right along a very underutilized park that we have. It's in the Omni CRA (Community Redevelopment Agency). It's in -- it's just north of downtown. It's a great potential park in my mind, and I just didn't want to tie our hands on this parking that could be very -- you know -- utilized for that park as we develop it, because right now, it's just a patch of grass, if that, which is -- has very little use on it. So knowing it's revocable, and I guess what I really wanted to understand was, if we revoke it, what happens? Because if I understand correctly, the building that's being built that's giving us the space, they're counting on this parking in order to get their CU (Certificate of Use); is that correct?
Mr. Rotenberg: Yes, it is correct.
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Vice Chair Russell: And if they didn't get this, they couldn't get that CU.
Mr. Rotenberg: That's correct.
Vice Chair Russell: So if we revoke it, do they lose their CU?
Mr. Rotenberg: No. We're going to have -- we're going to work with them to find another space. They are already looking for other space for parking, and they are negotiating on parcels of land in the area. It'll be their responsibility; not ours.
Chair Hardemon: And as I understand, as well, there is a NET (Neighborhood Enhancement Team) Office that will be inside the new school that they're building, so they're going to have space that they've dedicated to the City of Miami for the NET and to you.
Mr. Rotenberg: Instead of NET -- NET doesn't want the office, Parks will use it, which would actually work out better for us, because the park is next door. We will have the use of the bathrooms during any kind of park event. They will be responsible for cleaning the bathrooms, taking care of them; the parking spaces. They'll also be responsible for taking care of during the revocable license period.
Vice Chair Russell: Will they put signage so that folks in the park know that there's a park-related bathroom?
Mr. Rotenberg: Absolutely. We've already had discussions with them about changing the signs --
Vice Chair Russell: Thank you.
Mr. Rotenberg: -- but yes.
Vice Chair Russell: I'm okay with this.
Chair Hardemon: Is there a motion for it?
Vice Chair Russell: Move it.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved --
Todd B. Hannon (City Clerk): And -- sorry, Chair. Is that -- is the motion "as is"?
Vice Chair Russell: Yes. I don't see the need for any -- you're offering a 90-day versus 180; is that --?
Mr. Rotenberg: Oh, I would like to have it brought back in a year to this Commission, this revocable license, to make sure that the Commission is okay with it. If you're okay with it as it stands, we could leave it as it stands.
Vice Chair Russell: As it stands, it is a revocable license.
Mr. Rotenberg: Correct; with a 180-day term we will have to give them to revoke.
Vice Chair Russell: That's fine.
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Mr. Rotenberg: Okay.
Chair Hardemon: It's been properly --
Victoria Méndez (City Attorney): We --
Chair Hardemon: -- moved and seconded.
Ms. Méndez: Now, with regard to this revocable license, we want to make sure that whatever CU or CO (Certificate of Occupancy) they get from the Building Department clearly states that they have no vested right to any of this parking.
Mr. Rotenberg: Correct; that's what I was saying. This is unattached.
Ms. Méndez: Okay. And any of that wording may need to be just tweaked a little in the revocable license.
Chair Hardemon: But remember, we're giving them -- they're giving the benefit of us of using park space, too. And, like I've had an opportunity to visit this place. Currently, there are two -- on the field there are two portable bathrooms, I believe. I don't know -- I'm not sure if they maintain them. I think they maintain them.
Mr. Rotenberg: That is correct.
Chair Hardemon: And so those bathrooms are there for whomever comes to use it. The children don't normally use those bathrooms. They go inside the older building. As well, on the -- at the building itself, he has two water fountains on the outside of the building that are for use of anybody that wanted to come --
Vice Chair Russell: On our building; on the PULSE (People United to Lead the Struggle for Equality) building.
Chair Hardemon: No, no, no.
Mr. Rotenberg: No, no. This is on the Aspira building.
Chair Hardemon: Right.
Vice Chair Russell: Oh.
Mr. Rotenberg: He's done a lot for the community.
Chair Hardemon: They built it where anyone could have access to the restrooms, and also water on the outside. He understands that there's an issue that could possibly occur with, for instance, homelessness, because the water fountain and the bathrooms are accessed, but he believes in what he's doing, and he's going to make accommodations to make it work. So just thinking about the nature of it, I just think that, you know, I think we should handle it gently, if you will, because he's giving us a benefit, as well.
Vice Chair Russell: I agree. That's why no -- I'm happy with it.
Mr. Rotenberg: He's given back to us more than we are -- yes, that's correct.
Commissioner Gort: You moved it?
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Vice Chair Russell: I did.
Commissioner Gort: Second.
Chair Hardemon: It's been moved and seconded. Anyone from the public that'd like to comment? Seeing none, I'll close the public hearing. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.3 RESOLUTION 16-00518 Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), ACCEPTING AND APPROVING OR REJECTING AND Management DENYING THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT DIRECTOR'S DECISION TO DENY THE PROTESTS BY NEW RICKENBACKER MARINA, LLC AND VIRGINIA KEY SMI, LLC, FOR REQUEST FOR PROPOSALS NO. 12-14-077, FOR LEASE AND DEVELOPMENT OF CITY OF MIAMI OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE USES LOCATED IN VIRGINIA KEY.
16-00518 Summary Form.pdf 16-00518 Back-Up from Law Dept.pdf 16-00518 Legislation (Version1).pdf 16-00518 Legislation (Version2).pdf 16-00518 Legislation (Version3).pdf 16-00518 Exhibit.pdf 16-00518-Submittal-City Attorney-Miami City Code Sec.18-104.pdf 16-00518-Submittal-Commissioner Francis Suarez-Letter from Arnstein and Lehr.pdf 16-00518-Submittal-Joyce Landry-Map.pdf 16-00518-Submittal-Virginia key LLC-Exhibits and Presentations-Virginia key LLC response to Bid Protests.pdf 16-00518-Submittal-Al Dotson-RFP No. 12-14-077 with Addendums.pdf 16-00518-Submittal-Al Dotson-VA Key RFP Responsiveness Comparison.pdf 16-00518-Submittal-City Attorney-Bid Protest Docs-Virginia Key Marina RFP No. 12-14-077.pdf 16-00518-Submittal-Richard Perez-Virginia Key Harbour and Marine Center-Financial Analysis.pdf 16-00518-Submittal-City Manager-Letter from Tate Capital re-Daniel Rotenberg.pdf 16-00518-Submittal-City Manager-Affidavit from Daniel Rotenberg.pdf
Motion by Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item RE.3 was deferred to the Regular Commission Meeting scheduled for June 9, 2016, with a time certain designation of 4:00 p.m.
Commissioner Suarez: Before we go to your time certain, can we give direction on when the Procurement item is going to go, because I think they were sort of waiting for some direction? Is it going to be 5? Is it going to be --? What time is it going to be?
Commissioner Gort: Any time before 2 a.m.
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Vice Chair Russell: What's that?
Commissioner Gort: Any time before 2 a.m.
Commissioner Suarez: Oh, okay. There you go.
Victoria Méndez (City Attorney): Is -- May I bring up one issue then with regard to whether it's going to be heard today or not?
Chair Hardemon: I mean, it should be heard today. I don't see any issue why --
Commissioner Carollo: Why it wouldn't.
Chair Hardemon: -- it should not be heard today. I know we have a -- quite a long agenda; however, I'm looking at the PZ (Planning & Zoning) items, and I think PZ.7 will be continued. You have Lotus Village on PZ.4 and 5, which are within my district; SAP (Special Area Plan); PZ.1 and 2 are within my district. I mean -- and I don't anticipate those taking a long time.
Daniel J. Alfonso (City Manager): I think 1, 2, and 3 are deferred, right?
Chair Hardemon: They -- yeah, they -- so that's what I'm saying; I don't see it taking a long time, so.
Ms. Méndez: Right. Commissioner, my -- Chairman, the question was more along the lines of that I passed out to all of you with --
Chair Hardemon: I think it'd be best if we addressed it maybe -- is 4 o'clock fair?
Commissioner Suarez: As soon as we come back from our -- whatever meetings.
Chair Hardemon: We've got something else. So when we come back, we have three, and then --
Commissioner Suarez: And then we have our meetings --
Chair Hardemon: -- we go to meetings --
Commissioner Suarez: -- and then when we come back --
Chair Hardemon: -- and when we come back --
Commissioner Suarez: -- it'll be the first thing we do when we come back.
Chair Hardemon: So that will probably be around 4 -- it will probably be around 4 o'clock.
Commissioner Carollo: 4 p.m.
Commissioner Suarez: More or less.
Chair Hardemon: Okay? Thank you.
Ms. Méndez: Thank you.
Later...
Chair Hardemon: RE.3.
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Daniel Rotenberg: RE.3. Good afternoon, gentlemen. Daniel Rotenberg, director of Department of Real Estate and Asset Management. RE.3 is a resolution of the Miami City Commission, accepting and approving or rejecting and denying the protest by New Rickenbacker Marina, LLC (Limited Liability Company) and Virginia Key SMI, LLC, for the RFP (Request for Proposals) Number 12-14-77 -- 077 -- sorry -- for lease and development of City of Miami-owned waterfront property for the marina/restaurant/ship's store uses located on Virginia Key.
Chair Hardemon: Okay. Something -- this is a bit different from normal bid protests. I typically see a bid protest -- if we do see one -- where you have one person that's protesting the bid. So there are two questions that really are of grave importance to me. I think, first, I think what we all need to know is that, as I understand, this is not a quasi-judicial hearing. This is an executive hearing -- correct? -- for administrative --
Ms. Méndez: Correct.
Chair Hardemon: -- consensus.
Ms. Méndez: Correct; not quasi-judicial. It's going to be based on oral argument and presentation alone; no question.
Chair Hardemon: So we don't have to worry about any rules of evidence or anything of that nature?
Ms. Méndez: Correct.
Chair Hardemon: Is there a certain standard of review? Is there something that the Commissioners should know that their decisions turn upon?
Rafael Suarez-Rivas (Senior Assistant City Attorney): The standard of review for reviewing a bid protest in Florida is that the Commission could uphold the City Manager's recommendation to deny the bid protest, unless you think that that recommendation is either arbitrary, which means it's not supported by facts or logic; or capricious, it's taken irrationally without thought or action; or departs from the essential requirements of law; or is subject to fraud, collusion, bad faith, or similar factors. That is the standard of review under many Florida cases for a bid protest.
Chair Hardemon: Do all the Commissioners understand that? Do you have any questions about that standard of review that he just stated?
Vice Chair Russell: I did not realize there were very specific criteria under which we could say that the Manager's decision was correct or incorrect, so this is new for me. Could you list those again for me, or bring them to me in a printout, please?
Mr. Suarez-Rivas: Well, the Manager's decision can be upheld, unless you think it is arbitrary, not supported by facts or logic; or capricious, taken irrationally without thought or action; or departs from the essential requirements of law; for example, due process, sunshine, Charter requirements; or is subject to fraud, collusion, bad faith, bias, or similar factors. That's generally how they are evaluated, sir.
Chair Hardemon: Okay. Any further questions on that issue? Seeing none, I know that there's -- I would think -- because upon my review of the law -- and I would love to have you all's opinion on it -- but this whole question of, "Does a third-in-line person have the ability to file a bid protest?" So if -- can we have just a position stated by either the Administration, the
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Attorneys? And if this opinion is in the contrary, or in the negative for any of the bidders, I'm going to give the bidders an opportunity to counter the argument so that we can make a decision, I think, that's for the benefit of the City of Miami.
Miriam Ramos: Yes, sir. Good evening, everyone.
Chair Hardemon: And the constituents; not the Administration.
Ms. Ramos: Good evening, members of the Commission. My name is Miriam Ramos. I'm Deputy City Attorney for the City of Coral Gables. I am your conflict counsel on this case, representing staff for the City of Miami. I was asked by Mr. Leen, who typically serves in this role, to give you his apologies. He is in Europe with his family, enjoying a vacation, and so I am here, representing staff before you. On the issue of the third -- actually, there's two issues that we could take up preliminarily. Mr. Chair, as you spoke about the third-ranked bidder and whether they have standing, that's one issue. And the other issue is about a supplemental additional item that was provided just a few days ago that we believe is -- should not be considered and has been waived.
Chair Hardemon: Let me ask you a question. The second -- the supplemental item, is that by the third bidder or is that by the second bidder?
Ms. Ramos: No. The supplemental item is against the first by the second, and it talks about -- if you want to take that up first, that might be an easier item than the standing issue. It essentially talked about some information that they claim was not provided to the selection committee. However, under 18.104 of the City Code, the only items that can be brought up during a bid protest are those within the four corners of the written submittal, and this was outside of that; furthermore, the information that they're alleging now to give to all of you was information that was readily available and known at the time that they submitted their proposal.
Chair Hardemon: Okay.
Ms. Ramos: So in our opinion, it's been waived.
Chair Hardemon: So you've framed the issue, so at this point, unless the second proposed bidder wants to concede that thought, I would like for you to take the lectern, and I'll give you an opportunity, now that you know what the issue at least is framed to be, to make a brief preliminary argument. You can have this lectern here, and please also announce yourself for the record.
Miguel Diaz de la Portilla: Good evening, members of the Commission. I'm sorry. Miguel Diaz --
Vice Chair Russell: I want you to state your name, obviously.
Mr. Diaz de la Portilla: -- de la Portilla, co-counsel, and Elinette Ruiz.
Gary Brown: Is the question asked whether or not this Commission can consider something that was outside of the timely filed bid protest; is that the question?
Chair Hardemon: I believe that's what the question is, yes.
Mr. Brown: And the answer is "yes." 18.104 of your Code really speaks to the Procurement Director's ability to consider items in a bid protest. And we agree that, as to the Procurement Director, he or she could consider -- only can consider things that are in the timely filed protest. However, the Commission not only has the ability and authority, but, respectfully, I believe, is
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duty bound to consider any relevant evidence to which it has been made aware. And so, whether that came in supplemental materials filed by Suntex outside of the initial protest; whether the Commission learned about it from some other source -- perhaps the media or somewhere else -- respectfully, I don't think that the Commission could simply ignore that or put its head in the sand, for lack of a better word, and completely not consider that, simply because Suntex provided that information outside of the protest.
Chair Hardemon: One second.
Mr. Brown: So it's our position that you should consider it and you should hear it, and we do intend to discuss it.
Vice Chair Russell: I'm sorry, who does he represent?
Chair Hardemon: Yes, sir. Can you state who you represent, also?
Mr. Brown: Oh, sorry. Gary Brown, on behalf of Suntex.
Chair Hardemon: Which is the firm --
Mr. Brown: Yes; the second-ranked bidder. Sorry.
Chair Hardemon: The law or the ordinance or Code that he stated, is that the same code that you stated?
Ms. Ramos: It is. And my understanding --
Chair Hardemon: Can we make a copy of that part of the Code available to the Commissioners so that we can read it ourselves?
Ms. Ramos: And my understanding from your attorneys is that it has been interpreted to also include the Commission; not just the Procurement Director.
Ms. Méndez: We can make you a copy of our Code section which has to do with when you have a bid protest, it has to be pretty much within the four corners of the protest itself, and anything outside of that really does not have to be taken into account by this Commission. But I will make you a copy of the Code section so that you have that.
Mr. Diaz de la Portilla: Mr. Chairman --
Chair Hardemon: Yeah, right now. That's why I'd prefer to see a copy of it.
Mr. Diaz de la Portilla: -- if I may add to this.
Chair Hardemon: You're recognized.
Mr. Diaz de la Portilla: Let me first introduce myself. I'm Miguel Diaz de la Portilla, 200 South Biscayne Boulevard, 36th Floor. I'm co-counsel with Mr. Brown, and we're representing Suntex, with Arnstein and Lehr. The provision of the Code pertains to the decision of the Procurement Director -- or, in this case, the DREAM (Department of Real Estate and Asset Management) Director -- because when it comes to real estate, the DREAM Director is the one who decides bid protests. It doesn't carry over to the Commission. There's nothing in the Code that says it carries over to the Commission; there's no explicit language to that. And the reason behind that and the logic behind that, and the policy behind that is what needs to be considered. See, we're talking about a proposer that dumped 25,000 gallons --
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Chair Hardemon: Wait, wait, before you go on --
Mr. Diaz de la Portilla: -- 25 million gallons, rather.
Chair Hardemon: Counselor, I don't want to get into the facts of what it is just yet. Before we -- and you know why.
Mr. Diaz de la Portilla: We'll move -- we'll --
Chair Hardemon: Because I want to --
Mr. Diaz de la Portilla: -- get to that later.
Chair Hardemon: -- right. I want to clarify the law --
Mr. Diaz de la Portilla: We'll get to that later.
Chair Hardemon: -- before you put any facts on -- you know, for us to consider --
Mr. Diaz de la Portilla: Got you.
Chair Hardemon: -- because I don't want to -- really to bias the Commission as to hearing information that they should consider without knowing first if that information should be considered.
Mr. Diaz de la Portilla: Okay. And so to the point of "should it be considered," first, the provision in the Code only applies to the decision of either the Procurement Director or the decision of the DREAM Director, when it comes to real estate. There's nothing explicitly that ties it to the Commission, and here's the reason for that; the policy reason for that: The policy reason for that is that when a matter comes before the Commission, particularly something that is an executive matter, it's within the discretion of the Commission to hear anything that is pertinent and relevant to the Commission. And the reason for that, the reason why the Commission should consider anything that is pertinent and relevant to the Commission in making the best decision -- the decision that is in the best interest of the City -- is because this information, regardless of where it comes from -- whether it comes from a protestor, whether it comes from a media report; whether it comes from just, you know, some independent third party, if it's relevant to the responsibility and responsiveness of a proposer, the Commission should consider it. There -- and there's very strong public policy behind that; and here's why, too -- and without getting into the details, because I heard your admonition and I'm going to abide by it -- but without getting into the details of exactly what we're talking about here, here's an important point: The RFP itself required disclosure; required disclosure of issues having to do with environmental damage.
Ms. Ramos: And we have a factual argument to that.
Mr. Diaz de la Portilla: Right.
Ms. Ramos: We dispute that allegation.
Mr. Diaz de la Portilla: But the RFP itself, the document required disclosure of certain items regarding impact to city-owned land; environmental impacts to city-owned land. And so, the RFP said that if you had a history of environmental damage to city-owned land that you had an obligation to disclose it. And then, the Commission, the ultimate decision makers in any kind of award of a contract, can decide whether they're going to say that that proposer is responsible or not. It may be grounds for disqualification on responsibility grounds, but it doesn't require
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disqualification. However, the same RFP -- and I can give you the cite and the section -- the same RFP we're talking about here also says that failure to disclose; failure to disclose impact, environmental impact or damage to city-owned land is an automatic ground for disqualification. Why did you write that in the RFP? The reason you wrote that in the RFP is because you want proposers to -- for lack of a better term, and no pun intended -- come clean. If there's an issue regarding environmental damage, disclose it. Then you all decide whether that's enough to disqualify them or not. But failure to disclose it, the -- according to the very terms of the RFP -- is automatic grounds for disqualification. Why? Because you want a proposer -- because if anybody knows about this environmental damage -- alleged environmental damage at this juncture -- we're not going into the details or the merits of it -- it's the proposer who was involved in an environmental incident; that's the one person who knows. To not allow it in, to not consider it would be to ignore something that goes directly to the responsibility of a proposer, and you have to award to a responsive and responsible proposer. The law requires that, too. That wasn't said by your City Attorney. So it goes right to the heart of responsibility. It's always an issue, it's always germane, it's always relevant, and it's always considered in any kind of award. And that's just procurement law 101; it's as basic as it gets.
Chair Hardemon: Now, counselor, so I completely understand that part of your argument. My first question is, does the RFP require disclosure of, say -- well, first of all, when it says -- as the way the counselor expressed it -- "city-owned property," does it refer to City of Miami-owned property, or is it city-owned property by someone else?
Ms. Ramos: Correct. And you hit the nail on the head there, sir. It does say "city-owned property." And the City's interpretation -- but more importantly, RCI's interpretation -- and I'm sure they'll want to speak to this issue; although I think we're getting into the facts here -- is that --
Chair Hardemon: Before --
Ms. Ramos: -- they answered it narrowly; that this does not impact the city -- that's my understanding of their argument -- and that, again, it was known at the time of the selection committee meeting. It was known at the time that they submitted the actual document. It was known; it was always known. And from a public policy standpoint, in any case where there are deadlines and procedural guidelines, they are there for a reason. You cannot bring things up until the eleventh hour as you learn them, especially since they were known at both the initial time of the selection committee and at the time that they submitted their documents.
Chair Hardemon: Okay.
Mr. Diaz de la Portilla: And the counter to that specific point is --
Chair Hardemon: Before you move on, so this is Section 18.104, a resolution of protest and solicitation and awards. We're saying that this is a protest of the award; is that correct?
Ms. Ramos: Correct. So it's (A)(2)(c).
Chair Hardemon: (A)(2)(c). Just give us a second to read it.
Ms. Ramos: Of course.
Chair Hardemon: You're recognized, sir. Thank you.
Albert Dotson, Jr.: Mr. Chairman, I just wanted to know; I'll have opportunity to speak on this issue?
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Chair Hardemon: We may end up asking you to speak, but we may not get there, so I don't want -- that's why I don't want any facts to be put on the -- before us just yet.
Mr. Dotson: I just wanted to respond to the issue of whether or not it can be included.
Chair Hardemon: Okay. Yeah, I may give you an opportunity to do that, but let us discuss it first.
Vice Chair Russell: Thank you, Mr. Chair. I just -- not being an attorney, I have a question of law. This seems to speak toward the ability of the protester to be -- the protest to be considered by the Administration, but us -- not speaking to what can be considered by the Commission, and noting that this is not a quasi-judicial matter -- and that goes to my next question -- it seems that we'll have quite wide latitude as Commissioners to hear what we want to hear. My question, though, is, why is this not being heard as a quasi-judicial matter? Do we have a choice as the City to hear it one way or the other, or this doesn't fall under that category at all?
Ms. Méndez: Pretty much, it's based on the case law. It -- you don't have a choice to hear it quasi-judicial versus administrative or executive. It's based on case law, Florida case law, that the way that this is done and the award of a bid -- the award of a contract is protested, pursuant to this type of hearing, which is basically based on oral argument and such.
Vice Chair Russell: Thank you. So do I interpret it correctly that since this is not in that matter, this speaks to what the Administration can hear within a protest; but we, as a Commission, can ask to hear --
Commissioner Carollo: Exactly.
Vice Chair Russell: -- we have wider latitude; is that correct?
Commissioner Carollo: Exactly.
Ms. Méndez: Not necessarily. What it's describing is -- First of all, in order for you to have a bid protest that comes before you, it has to be in written form. So in the written protest is where you issue all the bases for which the protest can be heard by the Commission. So this is basically setting out what needs to be placed in the written bid protest, so then it could come before you as the -- basically, determiners of fact, and how you want to proceed after that with regard to the protest.
Chair Hardemon: I'm -- you know, as I read this -- and I'm reading Section 18-104, Resolution of Protest and Solicitation of Award, Part (2)c. It seems to me that the way that this is written -- and I'm reading it, I guess, not liberally, but narrowly, because it says that the written protest -- it tells you first that in order to -- for you to have a bid protest, you must submit it within a certain time period. And then it states that: "The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee, as provided in section" -- "Subsection (f). This shall form the basis for you of the written protest, and no facts, grounds, documentation or evidence not contained in this protest in submission to the Chief Procurement Officer at the time of the filing shall" -- "at the time of filing the protest" --
Commissioner Carollo: Chief Procurement Officer.
Chair Hardemon: -- "shall be permitted in the consideration of the written protest." Now, I understand where you're going to go; and pretty soon, I'm going to have opposing counsel step up if you continue to make, you know, argument. But before we get there, it then goes into: "No
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time will be added for service by mail," et cetera. When I read this, it seems to me that the Chief Procurement Officer, first of all, is the one that handles our procurement affairs. So everything goes through that Procurement Officer. And so, if you are going to write a protest, a bid protest, you might want to let the Chief Procurement Officer know. And it seems to me that that is the vehicle into which brings it before this Commission. But more importantly, it seems like it could be a due process violation if you're considering the fact that it tells you to state with particularity the specific facts and law upon which the process -- the protest of the solicitation of award is based. So let's think about it. If you must -- it gives you a number of days in which you must submit the protest. You write the written protest, you submit it. Now, the winning bidder has notice of what is actually being alleged. The City has notice of what is being alleged, and they have a certain amount of time that they can work on that and prepare themselves for a hearing like this that comes before us, because we handle the bid protest; not the Procurement Officer. But the Procurement Officer lets us know this is what we're dealing with. So at what point, then, would it be -- and I'll just say just in simple fairness -- at what point would it be fair to the person who won the award when someone should be able to supplement or circumvent, even, this requirement, to make allegations against that person? If they came here today -- say if the number two bidder came here today, submitted a document before us and said, "By the way, I have these facts. This came out about 'XYZ' person." I mean, is that trial by ambush, or does that violate this? And is that something that the City Commission wants to allow to occur in a bid protest?
Mr. Diaz de la Portilla: Look, may I respond to that, you know, series of questions? First of all, the issue of whether there was environmental contamination in this case by this applicant is something that is wholly within --
Chair Hardemon: Listen, before we get into that -- let me explain. Counselor, can you step over here, as well?
Mr. Dotson: Do I have to?
Chair Hardemon: Yeah. Before you --
Ms. Méndez: Mr. Clerk, do you have your -- the portable mike, just to give everybody their space and --?
Chair Hardemon: I have it right here.
Ms. Méndez: Okay. Thank you.
Vice Chair Russell: So they can speak.
Chair Hardemon: The reason I'm asking you for a second time not to get into the facts just yet is because I don't think you have to get into the facts to make your argument about this.
Mr. Diaz de la Portilla: And I'm not going to, but I have to talk about the nature of the issue, because the RFP requires it.
Chair Hardemon: But this doesn't speak -- but this part, what we're talking about now doesn't speak to the nature; it just speaks to the allegation. So, for instance, my --
Mr. Diaz de la Portilla: I understand what you're saying. I'm --
Chair Hardemon: -- because this is what I'm led to believe: I'm led to believe that if you did not -- in your bid protest, if you didn't list a certain fact, or allege with particularity certain events, then you lose the ability to bring that up. Now -- in the bid protest, that's what I would believe;
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in the bid protest. Now, if this come back, say, in front of the Commission for approval, I'm sure you could lobby the Commission and say, "Don't approve it, and for these particular reasons," because you feel like it would be a detriment to the City, because you have a irresponsible bidder versus a bidder that is nonresponsive.
Mr. Diaz de la Portilla: Okay. But without getting into the subject matter, or even the nature of the issue, let's say, whatever it is, if the RFP requires that if there's certain issues, whatever they may be, that a proposer disclose it if they exist or potentially could exist -- right? -- But failure to disclose these are grounds for disqualification --
Chair Hardemon: But you would put it in your bid protest, right?
Mr. Diaz de la Portilla: Yeah, assuming we knew it. But we didn't know it, and that's exactly the point. But I'll tell you who did know about this issue. The person and the entity that did know about this issue was RCI; not talking about the issue.
Chair Hardemon: Let me ask you a question.
Mr. Diaz de la Portilla: But they did. We didn't know it; if not, it would have been in there.
Chair Hardemon: Let me ask you a question. With your bid protest, when you file your bid protest, do you at that time have knowledge of what the other bidder has now submitted?
Mr. Diaz de la Portilla: We have knowledge if they submit it, but if they fail to disclose something that they for sure know about, because they were involved in it and we weren't, we don't have that material available to us. Should a proposer who fails to disclose something that they're required to disclose be rewarded for their nondisclosure?
Chair Hardemon: Well, if I were answering that question, I would say "no." But this is the thing: What I'm led to believe is that if you have a bid protest, just looking at, you know, what we're bound by, Section 18-104, if you, as an entity, have the ability to see someone's bid at the time you file your protest, you know what issues, for instance, you want to appeal to the City Commission about during the bid protest. At that time, there is information out in the world that you can have, that you can get; but in this case, say you did not receive until after the timing passed. I'm led to believe by this language that you would be forbidden from using that information in the bid protest. So that's where I am right now, but I'll give --
Ms. Ramos: If I may, a quick rebuttal, and then I'll --
Chair Hardemon: -- okay, give your opinion, also.
Ms. Ramos: -- cede the floor.
Chair Hardemon: Yes.
Ms. Ramos: You know, counsel would have you believe that this was some hidden issue that they somehow came upon three days ago. The issue that they are talking about was a highly publicized issue that happened several years ago, which they absolutely had access to at the time that they filed their protest. If they failed to conduct their due diligence and for that reason, did not include it, that's on them.
Chair Hardemon: Counselor.
Mr. Dotson: First, I'll state my name and address for the record. Al Dotson with Bilzin Sumberg, 1450 Brickell Avenue, representing the recommended proposer, RCI. Mr. Chairman,
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first, I agree with your line of reasoning, but I want to add something else. It's not just 18-104 that governs this; it's also the RFP itself. On page 39 of the RFP, the bid protest procedures are set forth and says who has the authority to resolve the protest. They would have you believe that you don't have the authority to resolve the bid protest.
Mr. Diaz de la Portilla: They don't.
Mr. Dotson: The only reason this is here is because a bid protest has been filed. And you've already established in 18-104 and on page 39 of your RFP of what must be in a bid protest, the timing by which a bid protest must be filed, and the fact that you cannot supplement it. Can you imagine if you were now to interpret your rules that when you resolve a bid protest, you have a certain date by which you've got to file and then there's a decision that's made, and then you've got any time you want to file anything you want before this Commission hears the bid protest? There's only one bid protest, and this is it. There aren't three different bid protest steps. The Administration has given you a recommendation, and you will resolve the bid protest. So let's be clear. To do anything after the date is to supplement the bid protest, which is exactly what they are doing. And page 39 of your RFP is very clear on that; in addition to 18-104.
Chair Hardemon: Thank you. Is there any -- does any of the Commissioners want to make a comment at this point? Okay.
Commissioner Carollo: So -- I'm sorry, what was your question? Chair Hardemon: No, I just asked if you wanted to make a comment at this point or you (UNINTELLIGIBLE).
Commissioner Carollo: No.
Mr. Diaz de la Portilla: So Mr. Dotson would have you believe then that if there is a fact that they know and that the RFP itself requires disclosure on, and failure to disclose is grounds for disqualification, that they can just get away, without including it in their response; and with the constrained timeframe of the time that you have to file your protest, if the other proposers, whether it's Suntex or whether it's Tifon -- they didn't know about it, either, because it was hidden by -- and not disclosed by RCI -- that RCI then should be rewarded for their nondisclosure. And as far as, "Oh, they should have known, because it was out there," and this and that, well, yeah, it did happen 15 years ago, but it's the same players. And you're talking about some very, very serious things; serious enough that the RFP required disclosure of them. So to interpret this any other way would be to say that the Commission can play, you know, blind to something that goes directly to responsibility when you have to award the responsive and responsible bidder, and that you're going to reward the deliberate failure to disclose something that the RFP requires to disclose.
Chair Hardemon: But there are some -- as I understand, there are some facts that are debating -- that we're in debate about -- right? -- which is this whole "city" issue, so before we get there --
Mr. Dotson: We can get there.
Chair Hardemon: -- I have a question.
Mr. Dotson: Mr. Chairman, can I respond briefly? Because I think we can dispense with this immediately. First of all, they're talking about something that took place 15 years ago, and they're alleging that there was some type of environmental contamination on Dodge Island. What they aren't telling you, on July 14, 1960, the City of Miami conveyed that property to Miami-Dade County, so that's not even city property. So I'm not sure what we're talking about here. We've got a copy of the deed; we've got a copy of DERM's (Department of Environmental Resource Management) records; we've got a copy of everything that disputes everything they just
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said, and it's not permitted to be discussed here today. So we can sit here and go back and forth --
Mr. Diaz de la Portilla: He just discussed it.
Mr. Dotson: -- on all of this, but we're not even talking about city property, even assuming they were -- what they're saying is true.
Chair Hardemon: Now --
Mr. Diaz de la Portilla: A counter to that --
Chair Hardemon: -- give me one second. I understand that he opened the doors to the facts.
Mr. Diaz de la Portilla: He just did.
Chair Hardemon: I understand that, but one thing that he did say was that it was County property and not city property. And I -- and if it was County property, then I would believe that then it does not affect the city. But my first question to the City Administration: If you had to find someone -- so say, for instance, someone did not disclose, as in this case. Say you did not disclose an environmental impact; not saying that they did not disclose for the reasons set forth in the RFP, but you did not disclose something. At what point would you deem that person -- would that be considered to be something that is nonresponsive? Would that be something that is curable? Or how would you handle the omission of a fact in something of this matter in this RFP?
Mr. Rotenberg: I mean, I can answer for how I would have looked at it but --
Ms. Méndez: Yeah. Let --
Mr. Rotenberg: -- the City Attorney --
Ms. Méndez: -- I think it's more of a legal concept.
Chair Hardemon: But I was just imagining that the Procurement Office probably has some sort of flexibility, because I know you cure things all the time. But I'll hear both sides.
Mr. Suarez-Rivas: Well, as you wish, Mr. Chair. Limited to legal issues, it is often an allegation that if a proposer fails to disclose a material fact, they can be deemed nonresponsive for not answering an important question, and non-responsible for not having full integrity. So that can be a consideration. The issue here becomes what the question was asking, and how it was answered. And I believe you can hear that either from us or from the other persons, because there's really a -- The issue really is that the way the question was posed was, "Was there environmental damage to city property?"
Chair Hardemon: Okay.
Mr. Suarez-Rivas: So, really, it's -- you know, it's been -- it was -- it can be seen that it was responded to as saying, "There has been no environmental damage to city property," and interpreting that to mean "City of Miami." Others may want to speak to that, but that's the gist of it, sir.
Mr. Diaz de la Portilla: And I do, just to that one point, because that's an important point.
Chair Hardemon: Before we go there -- Mr. Rotenberg.
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Mr. Rotenberg: I do want to add something, and it's a fact -- I mean, and this is in hindsight --
Commissioner Gort: Speak into the mike.
Mr. Rotenberg: Sorry. This is in hindsight right now, so it's very difficult to have an answer as to what we would have done. But I will tell you that the Office of the Inspector General, in the reports that were issued afterwards, were very clear that what was hit, this 50 -- whatever it was, I don't want to even talk about what it was -- there was no way of anybody knowing that it was there, and they had to change policy afterwards. So I don't know what we would have done.
Mr. Diaz de la Portilla: It's irrelevant.
Mr. Rotenberg: I don't know what the Law Office would have instructed us to do, but it seems to me that there was some sort of extenuating circumstance that --
Chair Hardemon: Well, I'm lost on your explanation.
Mr. Rotenberg: What I'm saying is that after the -- after what happened, the -- I'll clearly state what it was -- that the Inspector General did a report afterwards and found that the maps that were in existence at that time did not clearly mark what was hit. So what --
Commissioner Carollo: But -- right. But I think the issue is --
Mr. Diaz de la Portilla: It's irrelevant.
Commissioner Carollo: -- should you have disclosed?
Chair Hardemon: Right.
Mr. Diaz de la Portilla: Exactly.
Chair Hardemon: So this is where we are --
Mr. Diaz de la Portilla: Exactly.
Chair Hardemon: -- because the detail that you're putting forth, I don't --
Mr. Rotenberg: It's not relevant today.
Chair Hardemon: -- not pertinent to the issue.
Mr. Diaz de la Portilla: Yes.
Chair Hardemon: What I want to know is this: Very clearly, the attorney from the City Attorney's Office stated that the question that was put was, "Does" -- or "Was there some environmental" -- well, say it again, please. I don't want to --
Ms. Méndez: "Was there environmental damage to city property?"
Chair Hardemon: City property.
Ms. Méndez: And that question was answered.
Chair Hardemon: So "city property." Okay. So I'm going to allow you to speak on -- that's the --
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because to me, that's dispositive of this issue.
Mr. Diaz de la Portilla: Okay. So here is what the actual RFP language says -- right? -- in terms of disqualification: The City -- capital "City" -- referring, obviously, to the City of Miami, and they drafted this document. So basic law, the document, if there's any ambiguity, is construed against the drafter of the document, right? So this is what the RFP --
Chair Hardemon: If there's ambiguity.
Mr. Diaz de la Portilla: -- if there's ambi -- well, so here -- I'm going to the ambiguity. So, "The City shall automatically deem any proposal nonresponsive and non-responsible, as applicable; nor will the City" -- capital "City" again -- "enter into any lease or other agreement with any proposer, principal, or related parties of any proposing entities whose members are in arrears for City obligation, debt" -- where's the environmental section in here? I'm sorry, I was in the wrong section. I was in the right section, but I'm getting to it. Let me just jump to it. Yeah, here we go, "Failure to disclose information. Should a proposer or any principals, related entities, or related assignees fail to disclose information relating to the following" -- and then it lists a number of things, and it goes to Paragraph 8 -- "its role in causing any city" -- lower case -- "owned land or improvements to incur environmental damage, environmental contamination or liability, or any other liabilities, the proposer shall be automatically disqualified from further consideration in this RFP process." Now, mind you, the RFP refers to city --
Chair Hardemon: Right. I would think if you had a --
Mr. Diaz de la Portilla: -- lower case.
Chair Hardemon: -- capital "City" and a lower case "city," capital "City," I would give to you --
Mr. Diaz de la Portilla: City of Miami.
Chair Hardemon: -- would be City of Miami. Lower case "city" would be --
Mr. Diaz de la Portilla: A city.
Chair Hardemon: -- another city, right?
Mr. Diaz de la Portilla: Correct. And so, in this case, and that's -- and you hit the nail right --
Chair Hardemon: They're saying -- as I understood, it was Miami-Dade County, which is --
Mr. Diaz de la Portilla: No, it wasn't, actually, because that's also a misdirection; and, of course, you have to kind of get a little bit into what Mr. Dotson opened the door to, of what actually happened here. This happened in the City of Miami Beach. It was a spill, okay? Whether it was intentional -- but, clearly, we don't believe it was intentional -- but that's neither here nor there; that's irrelevant. But it created a significant spill; so significant that you had 20 miles of beaches closed, including beaches in Miami Beach, Virginia Key, Key Biscayne, all the way up to Sunny Isles. So you clearly had an impact to -- lower case -- "city-owned" land, because you have several cities -- City of Miami Beach, City of Miami --
Chair Hardemon: If it's city-owned, does land -- is that distinguished from bodies of water?
Mr. Diaz de la Portilla: Submerged lands are lands.
Chair Hardemon: But --
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Mr. Diaz de la Portilla: And bodies of water that touch land are touching land. So what you have here is you have an environmental issue -- without getting into the amount and magnitude or anything; even though Mr. Dotson did open that door -- okay? -- that caused significant impact to the point that 20 miles of beaches were closed in an area and where it happened was right off of Miami Beach, and the spill had an effect on 20 miles of beaches.
Chair Hardemon: But this is the issue: You did not allege that in your written bid protest.
Commissioner Carollo: Because he didn't know.
Chair Hardemon: But that's what I'm saying, "But you didn't allege it in your written bid protest." Show me where in -- let's get past that first hurdle. This is like when you stop a car -- right? -- in simple terms. You stop a car, you had to stop that car for something; had to commit a traffic infraction before you can arrest a man for carrying marijuana inside that vehicle. Yes, he had marijuana inside the vehicle from what you're alleging. You haven't proven it; you just -- these are facts -- or your facts that you're putting on before us. But tell me why you stopped the car. So, in this sense, what I'm saying is I'm looking at Code. It looks very simple to me. That says that you have a certain amount of time to file a bid protest; and it goes further, to talk about what must be within that bid protest. And so, I look at this as a guide to fairness for the parties that are involved within a written bid protest. And I understand where you're going with this issue, and I think that that may be something that could come up later within the process. But tell me why you passed this stop here.
Mr. Diaz de la Portilla: Because the RFP itself, which is the document that controls this procurement, the RFP itself requires any one of us -- any one of us to specifically disclose any environmental damage, and they --
Chair Hardemon: Right; just like the marijuana --
Mr. Diaz de la Portilla: Right.
Chair Hardemon: -- that you never should have stopped.
Mr. Diaz de la Portilla: But they have to disclose it; they have to self-report. It's -- (UNINTELLIGIBLE) an analogy.
Chair Hardemon: Let me ask you a question --
Ms. Ramos: If I could respond, please?
Chair Hardemon: I will allow you to respond. And I'm going to say this to you, and I'm going to allow her to respond: Had you known -- well --
Mr. Diaz de la Portilla: We didn't know.
Chair Hardemon: -- no, no. I'm going to say "had you known."
Commissioner Carollo: Yes, that's the --
Chair Hardemon: But it's true, it's still "had you known," but you would have stated with particularity the specific facts and law upon which the protest or your solicitation would have been; you would have done that. And sometimes within the law, you have time periods; just like the statute of limitations. One of the most famous cases that are going around right now is Bill Cosby and all the alleged rapes of women that he's done, right? And many of those cases -- I know it's a terrible fact pattern -- but many of those cases stem around the statute of limitations.
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Now, in the -- you're talking about something as serious as rape; and still, then, the law pays homage to the statute of limitations, because that's what are on the books, and that's what we abide by. So to me, this is a form of a limitation. This is a limitation on how you bring about an allegation of particular facts in a bid protest. And so, I'm just trying -- I don't think you've gotten there yet.
Mr. Diaz de la Portilla: No, no, I understand what you're trying to -- the point you're making, okay? But here's the thing: They were required by the RFP to disclose this information --
Chair Hardemon: Just like you're not --
Mr. Diaz de la Portilla: -- but they failed to.
Chair Hardemon: -- supposed to carry marijuana.
Mr. Diaz de la Portilla: No, but the difference is that they're required -- nobody, you know, who's carrying marijuana is required to, you know, wave it out the window and say, "Hey, I've got marijuana." In this RFP case and in this particular RFP, they are required to disclose this.
Chair Hardemon: And this is --
Mr. Diaz de la Portilla: They failed to disclose this; intentionally failed to disclose it.
Chair Hardemon: -- right. Now -- I understand. And this is a bid protest; and in the bid protest, you're alleging exactly what you're alleging, but you just didn't do that within a bid written protest as by the rules -- give me a second, give me a second -- as by the rules. So let me hear what counsel -- what you have to say.
Ms. Ramos: I just want to say briefly, you're going right at it, Mr. Chair. It's a due process argument. You cannot be allowed to submit evidence up until the eleventh hour, number one. Number two, counsel keeps trying to put it on RCI, that they didn't disclose something, as the way he gets past the threshold that he didn't submit something at the time when he should have submitted it. We never get to whether RCI disclosed something, because it is outside of the four corners of the written bid protest; you have it right in front of you. Basic due process requires that there be time periods and they be adhered to.
Chair Hardemon: Right.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Does that mean that a Commissioner can't --
Vice Chair Russell: Consider it.
Commissioner Gort: Hear it.
Commissioner Carollo: -- consider that issue?
Chair Hardemon: I would think --
Commissioner Carollo: Be --
Chair Hardemon: I'll let them talk.
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Commissioner Carollo: -- because, at the same time, you know, there are some things that have no statute of limitation. And in all fairness, without getting into the details, if something should have been disclosed and wasn't disclosed, I mean, we can consider that, I believe, as a Commission.
Chair Hardemon: I believe that we can probably consider it; we can consider it, but I don't think this is the venue to consider it at. I would think that the venue to consider it would be when --
Ms. Méndez: At the --
Chair Hardemon: -- when we would be --
Ms. Méndez: -- award.
Chair Hardemon: -- recommending to accept at the award. This is not an awarding of --
Vice Chair Russell: But isn't that what we're doing today?
Chair Hardemon: No.
Ms. Ramos: No, that's not --
Chair Hardemon: This is a bid protest.
Commissioner Gort: Right.
Chair Hardemon: This is a different vehicle. This is a bid protest. We're deciding an issue between two different parties.
Mr. Dotson: Mr. Chairman, if I may?
Ms. Méndez: Commissioner Carollo and the Chairman, you're both right. You can -- Commissioner Carollo, the Commissioners can consider this for purposes of throwing out a bid. You -- and Chairman Hardemon is correct that you cannot consider it for purposes of this bid protest, and they're two different -- it's just two different issues.
Chair Hardemon: And that's the point that I'm making. This is -- this, in and of itself, what we're doing is an instrument that they use to settle an issue between two parties; there's three parties here. And so I want to protect the integrity of this process. Now, if it's -- if this comes up -- for instance, when it comes down for the award -- I'll give you an example. We had the award that the Manager was recommending for rental cars, and I didn't agree with the process in which the rental cars were procured. I thought that the procurement process was too restrictive. And so, we made comments at this junction -- I mean not "this junction" -- this -- but as a Commission to expand upon the procurement process. That's not what this is.
Commissioner Carollo: But Mr. Chairman, at the same time, how long did that take?
Chair Hardemon: Well, that took long, because --
Commissioner Carollo: Right.
Chair Hardemon: -- of that guy over there, because he -- (UNINTELLIGIBLE).
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Commissioner Carollo: So, again, I just don't want to take that long, and then have something that maybe, you know, we could address now.
Chair Hardemon: Right. But I --
Commissioner Carollo: So what I'm saying is, are we kicking the can down the road, and a month from now or two months from now, we deal with it again? And --
Chair Hardemon: We could or not be -- the reason I wouldn't quite describe it that way is because this is a process that I think you have to protect, the bid protest process, and that's what I'm trying to preserve here, the bid protest process; because if not, then you have to understand that every bid protest would have new facts that'll be alleged that are worse and worse each time, and they all come in the eleventh or twelfth hour. Commissioner Gort.
Commissioner Gort: Yeah. Whatever happens in here, I can tell we're going to go to court, and everybody's building their case.
Chair Hardemon: Right. So what I would think is this: I mean, in an effort -- I think we've heard arguments from both sides. I'm looking at the resolution of protested solicitations and awards, and, I mean, the facts are irrelevant to this, the way that I look at it, because this is how we, as a board, should be handling -- or we should consider what comes before us. And if I have facts that came after this and I were a respondent in this case, I would not be very happy and I wouldn't think that anyone who was judging these facts would be doing justice by allowing someone to allege things at the last minute; for that matter, like I said, today, we could have another allegation, and that's why I'm saying --
Mr. Diaz de la Portilla: But --
Chair Hardemon: We're trying to decide something.
Mr. Diaz de la Portilla: Okay. But I'd like to add something; just a little.
Chair Hardemon: (UNINTELLIGIBLE). Okay.
Mr. Diaz de la Portilla: Just a little. I think it will be helpful, actually. First, we're not in a judicial process, nor a quasi-judicial process; it's an executive process. So the Commission has broad discretion to hear whatever it wants to hear as long as it's relevant. And if it goes to responsiveness or responsibility, you've heard from your attorney you can consider it. In terms of the due process argument, okay, if what the Commission is saying or what an entity will say, let's not personalize it; let's just say any governing body of a city or a county, or what have you. If what they want to do is they want to give the non-disclosing party, who knew that they did something -- that they had to disclose something, but chose not to disclose it --an opportunity to prepare and counter, and this and that, then it's very simple. The Commission can simply adjourn the item and pick it up two weeks later, and they can fully prepare --
Chair Hardemon: But then you would be stepping outside of the resolution -- of Section 18-104. Why should you be able to step outside the process, but then you allege that they're stepping outside of the process?
Mr. Diaz de la Portilla: Because they -- because the threshold issue is they had to disclose it, according to the RFP. They -- if anybody knew what they did, it's the person who did it, right?
Chair Hardemon: Right. But then --
Mr. Diaz de la Portilla: We didn't know it. The third place finisher, Tifon, didn't know it. So
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we're going to reward the non-disclosing party who knew they had to disclose something in an RFP and protect them from having to answer as to why they didn't disclose that?
Chair Hardemon: I mean, the bottom line is this, the way that I see this: This is about process, right? This part that we're talking about right now is about process. And I don't think that you've stated anything that gets you through -- that gets you out of this process. I hear you. The boogieman came in the middle of the night -- hear what I'm saying -- boogieman came in the middle of the night, and the City of Miami is going to be in trouble because of the person that chose not to respond -- that you think -- to a question that was asked. Opposing counsel says that, "We responded. As a matter of fact, the fact of the matter is that that was the County and not a city, and it does not apply." That is -- but if I continue to go down that line and continue to -- if I said to you, "Okay, prove it; prove that it was the city. Put your evidence on right now that show me that it was the city," then he's going to say, "Counselor" -- or he's going to say, "Commission, I'm not prepared for this, because that was not alleged in the solicitation." Now, you're going to say, "Well, give me a continuance." And now, you've gone outside the four corners of your bid protest. And so -- and that's the thing about it, and that's why I'm having trouble with this.
Mr. Diaz de la Portilla: But --
Chair Hardemon: If I were arrested for a crime, the allegations would be either in an indictment or within the four corners of the A-form (arrest form), or something of that nature. And so, how can you, at trial, accuse someone of doing more than what they were originally accused of?
Mr. Diaz de la Portilla: Because you're -- the law requires the Commission to consider -- to award to a responsive, responsible bidder; your attorney just said that. And if there's something that goes directly to responsibility, you can consider it.
Ms. Ramos: And you're not awarding today; that's exactly the point.
Chair Hardemon: And that's -- right. That's why -- that's the -- thank you, counselor. That's where I'm at today. The way I look at it is that this is not an award; this is a bid protest. And I would like to -- and I'm asking -- what I'm asking of my Commissioners is that we stick within the confines of a bid protest. And there's another question that we have to ask, because this one's about an additional allegation. There's another question as to standing. And so, as regards to this -- and I'll break this down simpler, because I think the best way to handle it is a motion, so I would ask someone to move to determine that the allegation -- the additional allegation that is not within the four corners of the bid protest not be allowed to be discussed in the bid protest.
Commissioner Gort: Move it.
Chair Hardemon: And I'll second it. Is there any -- let's discuss that matter, yes; the bid protest. Commissioner -- Vice Chair Russell.
Vice Chair Russell: I'm hearing a little -- I heard two reasons of why it shouldn't be heard, and one of them I want to give something to; but the other one, I didn't like at all, which is that it shouldn't have been included, because everyone should have known about it, because it was in the news 16 years ago. I didn't know about it. And by the fact that they're bringing it late, they didn't know about it.
Ms. Méndez: Vice Chairman, I'm sorry; if you could get close to the mike, because --
Vice Chair Russell: Sorry.
Ms. Méndez: Thank you.
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Vice Chair Russell: But you don't need me to repeat myself, do you? You heard me?
Ms. Méndez: Yes, yes.
Vice Chair Russell: Yeah. No matter when it's discovered, something this material -- I'd like to know if the City knew about it, but felt that it was not relevant enough to disqualify; or if they simply didn't know about it. At some point -- whether or not this is the right time to deal with it -- I want to deal with that. I don't know all the facts of that. And I'm not saying that I believe at this point that there was contamination of city grounds or whether that's the relevant point or not, but something of that magnitude needs to be dealt with at some point. Now, if it's not here, when is it and how? That's the next thing to be discussed.
Chair Hardemon: I'll allow the City to respond to that; but, see, this is why I didn't want to get into the facts, because when you start to say --
Vice Chair Russell: Yeah.
Chair Hardemon: -- "If it's something of that magnitude," now you're stepping away from the process that had been identified --
Vice Chair Russell: Yeah.
Chair Hardemon: -- in the bid protest, because of a gut -- a feeling, an emotion.
Vice Chair Russell: Well, from what they said; I haven't heard all the facts.
Chair Hardemon: Well, I'm just -- but that's my point though --
Vice Chair Russell: Yeah.
Chair Hardemon: -- is that -- it's like -- it's one of those things where the law is the law, without our emotional appeal to it. It's the law, so no matter how you feel about the law, if it's the law, it's the law. But -- City.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Can we have them respond first?
Commissioner Carollo: Absolutely.
Ms. Ramos: That's exactly the point. I was going to have them answer the question, but that's exactly the point. You mentioned it before when you gave your anecdote about, you know, rape having a statute of limitations. That's pretty material; that's a pretty horrific crime.
Mr. Diaz de la Portilla: It's irrelevant.
Ms. Ramos: Yet, at some point, we stop the clock --
Mr. Diaz de la Portilla: It's irrelevant.
Ms. Ramos: -- for reasons of fairness.
Mr. Diaz de la Portilla: It's irrelevant.
Ms. Ramos: And so this is the same exact reason. If you want to get into whether the city knew,
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or whether big City, a capital "City," lower case "city," meant one city or another city, then we're getting into the facts.
Mr. Diaz de la Portilla: It's irrelevant.
Vice Chair Russell: And how many days was that clock?
Commissioner Carollo: Five, I think.
Mr. Diaz de la Portilla: Five days.
Commissioner Carollo: Five. And -- but here's the thing: This hasn't been awarded. It still comes to us for awarding.
Commissioner Gort: Right.
Commissioner Carollo: But that's later on down.
Ms. Ramos: Correct.
Commissioner Carollo: So I guess what I'm hearing from my colleagues -- and it seems like I couldn't have said it any better -- I don't want to wait down the line. I want to talk and discuss it now.
Chair Hardemon: But that's not the process.
Commissioner Carollo: But -- okay.
Chair Hardemon: And for that matter, I will say --
Commissioner Carollo: Okay, but --
Chair Hardemon: -- I'll tell you this: For that matter, I'll pass you the gavel and you all can fight this out all day, because that's what it's going to take, because no one -- and then you -- because you're allege -- you're outside of the process. If we're talking about emotions, then forget the process. This bid protest, that's all you're doing then.
Ms. Ramos: And it's important to note that the first-ranked bidder also has rights.
Commissioner Carollo: But, Mr. Chairman --
Chair Hardemon: I need another copy of it, by the way.
Vice Chair Russell: He's making a point.
Mr. Diaz de la Portilla: Mr. Chairman.
Ms. Méndez: Can I -- let me go see what it was.
Commissioner Carollo: But Mr. Chairman --
Commissioner Gort: Here you go.
Commissioner Carollo: -- doesn't the City Commission also have a process? And we --
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Ms. Ramos: Your process, sir, is the City Code, which is the section we're talking about.
Commissioner Carollo: Right.
Ms. Ramos: That's your process.
Commissioner Carollo: Right. But the City Commission also has a process that we could discuss up here in the sunshine whatever we want. And this is important enough where I think two Commissioners are saying, "Hey, we may want to discuss this now."
Chair Hardemon: But I -- the thing --
Commissioner Carollo: And we're not breaking the process.
Chair Hardemon: I think you are. I think the process is defined by the section. You can have the City Attorney speak to it. I think that, you know, we wear many hats on the City Commission. Sometimes, I wear a hat as a CRA (Community Redevelopment Agency) Chairman; sometimes, I wear a hat as the Chairman of the Commission. Today, I'm wearing a hat as the Chairman, but I'm sitting as a judge of a bid protest. Sometimes, I'm sitting as a judge on whether or not I should accept the City Manager's recommendation. Today, there was a bid protest. The City Manager is recommending -- well, that's the resolution. There's a bid protest. The bid protest is a written document that's provided that has allegations that are within it. And, for instance, the only reason that you know how to file a bid protest is because of this. If you didn't have this, then someone could just say, "Ah, I don't like it." Like, for instance -- I'll give you an example. Today we had an issue with -- I think it was the (UNINTELLIGIBLE) or something of that nature. We had a gentleman that stood before the lectern. The first question I asked him was, "Sir, did you bid?" He said, "no," he did not bid. Right? So at that point, he can't even file the bid protest, because he's not a person that -- he's not an aggrieved party in that sense.
Ms. Méndez: Now, let me just clarify something, and I think this is what's really at the core of what you're saying, Commissioner Carollo. As a part of --
Commissioner Carollo: Madam City Attorney --
Ms. Méndez: Yes.
Commissioner Carollo: -- just real quick. You're right, Chairman; yet, there was nothing precluding you from asking any follow-up questions or any questions to that person, even though he didn't bid.
Chair Hardemon: But that wasn't the -- I let him speak for two minutes, because everyone is allowed two minutes to speak. That was -- that's the first part. And the second part is that what was before us at that time was an award; not a bid protest.
Commissioner Carollo: But my point is, regardless what was in front of us, you still could have asked additional questions or any member of this Commission could have asked additional questions or requested more information from that person, and that's what I'm saying.
Chair Hardemon: But there's no process identified for that. So what you're talking about is just the authority for me to ask any person to stand up, take the lectern, and ask them a question. This is not that same thing. This is a process that is -- I mean, it's written; it's a written out process that states with particularity what you must do to file a bid protest. And that keeps you from extending the time for adding things to a bid protest or getting more time for a bid protest . In fact, what we're discussing are facts that -- well, I'm trying not to get into -- but facts that go towards things that are not alleged in the affidavit, and that's a big issue. That's a big issue.
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Ms. Méndez: And that's what I just wanted to clarify. And probably what Commissioner Carollo is having a hard time with is -- he is correct in that if he feels, after reading all the material he read, after knowing everything there is about the RFP, if he decides that there are just so many questions about everything that he has investigated that he wants to throw out all bids before hearing a bid protest, because he says he doesn't want to kick anything down into the future, if there's things that he wants to know about and throw everything out, that is within this purview of the Commission. However, you need to give reasons why you would want to do that; whether it's environmental questions, et cetera, et cetera, you need to give a -- it's can't be arbitrary and capricious; that's the first thing. That is separate and apart from the process that -- Chairman Hardemon is explaining that if you're going to do a bid protest, that has to be within the four corners of what was submitted. So you would have to look at the bid protest and analyze whether you're throwing out one bidder. You'd have to look at the second protest to see if you're throwing out two people. So that's why it all has to be very process oriented. So -- and I hope that clarifies things.
Mr. Brown: Chairman -- Mr. Chairman, May I just clarify something? Getting back to the Code, 18-104, again, it's very explicit that it's the director approach -- you're saying in this case it's the DREAM Director that considers what's in the file protest. That doesn't preclude the Commission from considering things outside of it.
Chair Hardemon: But it also doesn't preclude me from asking you to leave, right?
Commissioner Gort: Yeah.
Chair Hardemon: It doesn't preclude me from buying a whopper with cheese in the middle of the -- of this discussion. I mean, so what I'm saying -- what you're saying is that the absence of those -- that direction gives me the authority to do it.
Mr. Brown: You have discretion. This Commission --
Chair Hardemon: But still, though --
Mr. Brown: -- has discretion to consider anything relevant, material, and pertinent.
Chair Hardemon: -- but do you have anything that says what you just said, or are you saying that because it's not within the four corners of the protest?
Mr. Brown: Right. You have to go with what the Code says. If the Code prohibited the Commission from considering something outside a protest, it would expressly say that. In the absence of that, there's an expression in Latin --
Chair Hardemon: But the Code --
Mr. Brown: -- and I'll -- what -- I'll --
Chair Hardemon: Let me say this.
Mr. Brown: Oh, go ahead.
Chair Hardemon: This Code doesn't say -- I'm trying to find -- at any point does it say "Commission."
Mr. Brown: It says --
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Chair Hardemon: It doesn't say "Commission" at all.
Mr. Brown: Correct. And there's a principle in law -- it's a Latin expression, and I can't say it, because I'll butcher it -- but the inclusion of one is the exclusion of the other; meaning if you expressly include something, you by definition exclude what you have not included. If the Code intended to prohibit or keep the Commission from considering a fact, it would have said so. It doesn't. It does prohibit the director of --
Chair Hardemon: That's a theory. See, that's a theory of how someone reads the law, and --
Mr. Brown: No, I'm just -- there's a principle in law.
Chair Hardemon: -- I think we're differing in theory. So, for instance, if I asked Counselor Dotson the same question, you said because it does not include "Commission" that Commission is included [sic].
Mr. Brown: It --
Chair Hardemon: It also does not include the Mayor. Does the Mayor have that authority here?
Mr. Brown: No, but there's a process; everything comes before the Commission as a whole. And so, you have the ability --
Chair Hardemon: They've come --
Mr. Brown: -- on the dais to consider any fact you want. And so, while the director in a bid protest may not consider something, the Commission may have questions.
Chair Hardemon: So let me -- before we go further, Madam City Attorney, where is the part of the Code that brings bid protests in front of the City Commission? Is there a part of the Code that identifies that?
Ms. Méndez: The same section in 18-104. Right. It -- so right after the same section that you were going through that has to do with 18-104(A)(2)c.
Chair Hardemon: Mm-hmm.
Ms. Méndez: Right after that is (A)(2)(b), and that's where it says, "The authority to resolve protests."
Chair Hardemon: Right.
Ms. Méndez: "The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve any written protest." Obviously, that didn't happen, so it needs to go further where it says, "The Chief Procurement Officer shall obtain the requisite proposals and communicate said decision to the protesting party, and shall submit said decision to the City Commission within 30 days after he or she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the City Attorney and the City Manager."
Mr. Dotson: Mr. Chairman, you've mentioned a few times that the recommended proposer has rights, and I assume that what they want to do is continue to trample all over them. They've decided that they're going to determine what the process is; they're going to avoid what it says in the RFP. I'm going to come back to 18-104 in a minute, because it actually does not apply in
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this case, because that's what your Code says. You've been spending all this time on 18-104 and you refuse to look at the RFP itself and what it says. In this case, if DREAM doesn't resolve the bid protest, you do. They keep telling you that DREAM resolves the bid protest, but your RFP says on page 38 and 39 that you do. So when they decide what they're going to put in their RFP, in their response to the RFP -- and by the way, it's quite a statement, given the size of this project. And the due diligence that was required to respond to this RFP, with something as big as what they're talking about, they did not have the due diligence to find out that it doesn't apply here. They don't realize that 18-104 doesn't even work in this case. It is pages 38 and 39 of the RFP, which says you resolve the bid protest; not DREAM. They are wrong. So --
Mr. Brown: Okay, your County -- your City Attorney said 18-104 applies, and I agree. But even if you fall back on the RFP, I concur with counsel that the Commission is the ultimate arbiter and --
Chair Hardemon: Okay, so let's say this --
Mr. Brown: -- and decider of this.
Chair Hardemon: -- let's say that the Commission does -- the Commission is the ultimate decision-maker on this issue. I'm inclined to take a procedure -- I don't want to willy-nilly, arbitrarily, capriciously -- any of those things -- decide something of this magnitude without a process.
Mr. Brown: Mr. Chairman --
Chair Hardemon: So as a Chairman, I would take --
Mr. Brown: One other thing I wanted --
Chair Hardemon: -- this process and I will say, "I'm going to look at the written award" -- "the written protest that was filed." That's the way that I would think would be the way to handle a situation like this.
Mr. Dotson: And it's very disingenuous to stand before you and say they just found out and they had a short --
Mr. Brown: Okay, let me just -- let me interrupt counsel. I apologize. We did not know. I can't say it any clearer to this Commission.
Chair Hardemon: You still (UNINTELLIGIBLE).
Mr. Brown: I'll put my hand on a stack of Bibles. We did not know.
Chair Hardemon: You need to (UNINTELLIGIBLE) the Bible.
Mr. Brown: And I don't appreciate counsel telling -- misrepresenting --
Mr. Diaz de la Portilla: That's right.
Chair Hardemon: Listen.
Mr. Diaz de la Portilla: That's absolutely right.
Chair Hardemon: Listen.
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Mr. Brown: We did not know.
Chair Hardemon: You speak to me. You speak to this board.
Mr. Brown: He's calling me a liar, and I take --
Chair Hardemon: No, no, I understand.
Mr. Brown: -- offense to that.
Mr. Diaz de la Portilla: And so do I, because I'm part of this, too. And by the way --
Mr. Brown: His client knew about the spill and didn't say --
Mr. Diaz de la Portilla: His client knew about the spill.
Mr. Brown: -- a thing.
Chair Hardemon: Counselor, counselor --
Mr. Diaz de la Portilla: That's just wrong.
Chair Hardemon: Counselor, counselor --
Mr. Brown: That's like the cat calling --
Chair Hardemon: Listen. Listen to what I'm saying to you. I don't believe that you -- I don't believe that you're -- The way that you're describing your right to have an addendum to your written protest, I don't think you have that right. That's what I believe. Now, when it -- about the facts that are being alleged and the withholding of certain information on a bid, that's a matter that we can decide when it comes time to decide it; but today, it's not before us. I don't see how you can bring it before us. And I understand that the arguments that are really outside of the law when you say no one should be awarded a bid project for omitting a special fact when there's a dispute in these facts. You have one position; they have another. Now, if we were deciding those facts today, we could do that. But today is not the day for deciding those facts. Today is the day about deciding whether or not you first meet the four corners of filing a written bid protest. And so, I think -- I don't think anyone's position about this is going to change. So the only thing we can do is decide this as a board. So I've made a motion and a second. I don't think that this precludes us from looking at these issues when it comes time, but listen -- and I'll say this because I think it's worthy of noting: There is a time and a place for all things. This is not the time, but it soon will be the place. And so, I say that to you to say I think we should be -- we should proceed cautiously any time that someone wants to go beyond the process to force us to make a decision based off of things that are not outlined within the process that we've identified for ourselves to follow. And so, I think, to protect the procurement process, protect the bid process, you should support me in my motion not to allow this additional fact beyond what is written in Section 18-104. That's my motion.
Vice Chair Russell: Mr. Chair.
Unidentified Speaker: Are you taking comments from the public?
Chair Hardemon: I don't believe there's any public input on a bid protest.
Ms. Méndez: There is no public input at this time. This is just having to do with procedural matters that have to do with the bid protest and what is brought into the protest for the
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Commissioners to consider. There'll be time --
Commissioner Gort: You'll have an opportunity.
Ms. Méndez: -- you will have an opportunity to speak, though.
Chair Hardemon: Right.
Ms. Méndez: Just not right now. Thank you.
Chair Hardemon: Mr. Vice Chairman.
Vice Chair Russell: Thank you. This all goes to why I asked initially if and why this is a quasi-judicial process. I understand that there's a process with which they enter the protest, but once it comes to us --
Commissioner Carollo: That's right.
Vice Chair Russell: -- I believe we can ask any question we want, even if that protest wasn't filed, the last one, about contamination. If I just found it on Google today, this morning, on the way in here, I could ask about that during this protest process. This doesn't get excluded from our discussion simply because it wasn't part of the bid protest process; am I correct in that?
Ms. Méndez: You can ask whatever question you want, but it's very different than they get to argue it as part of their bid protest, and you totally have to consider it as part of your decisions for the bid protest. But if you -- Just like you said, you can ask whatever questions you want if you want more information, definitely.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Before we move forward, I just -- I was alerted to an issue that I think is worthy for us to discuss. It's something that we should decide before we move further. Mr. Brown --
Mr. Brown: Yes; yes, sir.
Chair Hardemon: I'm sure you are aware, it was disclosed to the Clerk that -- well, I'll let the Clerk describe it for me, so.
Todd B. Hannon (City Clerk): Yes. No, it's -- Mr. Brown has not registered as a lobbyist. However, it has been expressed to us that Mr. Brown has all intent to complete the ethics course from the Miami-Dade Commission on Ethics and Public Trust and to fill out the necessary lobbyist registration form, and the appropriate filing fees.
Chair Hardemon: Now, I'll say this: We have in the past allowed lobbyists to continue to speak and lobby before this body, even though they hadn't done that, if they were promising to fulfill the requirements. I know we -- I don't know -- I know we've never followed up on whether or not they've done it or not, so that's something for us to consider. It's up to this body to decide that. But I will say this: Where we have the issue that we're discussing right now, which is a process issue; and then we had the lobbying thing, which is a process issue, it doesn't look good. But it's up to my colleagues whether or not they want to decide to allow you to do this and file your requirements later. So.
Commissioner Gort: I'll make the motion.
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Mr. Hannon: Chair, no motion is necessary.
Commissioner Gort: No? Okay.
Ms. Méndez: It's his ethical obligation. And if you want me to follow up, I will, after, but it's his ethical obligation.
Chair Hardemon: I know I take a lot of ethics courses, right; I'm a big target. So you have to do it if I have to do it.
Unidentified Speaker: Yeah, exactly.
Chair Hardemon: You're recognized, sir. You're recognized. Do you want to speak? Vice Chair Russell: With regard to the --
Chair Hardemon: Well, I mean, there's -- no, no, no, this is not in reference to the lobbying issue. Apparently, the lobbying issue is not an issue; the City Attorney's going to follow up with it.
Ms. Méndez: Right, yes. And the Vice Chairman was basically asking whether he can ask questions with regard to this. I told him that this Commission can ask any questions; it's just whether they can use it as a part of their argument and their presentation, and a reason for you to knock, you know, someone else out. That is the -- it can't be used and be the basis of your protest or granting a protest, but it can be something to give you more information. You can ask any question.
Chair Hardemon: And I'll caution you by saying this: The more facts you put on the table regarding the issue, the more that that court reporter is going to reflect that you could have probably made your decision, because that's what the next argument is going to be; that you made your decision based off of those facts that are put on the table that should not have been relevant at this time.
Vice Chair Russell: Feeling pretty good (UNINTELLIGIBLE).
Mr. Suarez-Rivas: Mr. Chair, if I may just -- I just wanted to add this thing about -- because you've been discussing it at length. In conferring with the Procurement Department -- and though I realize this is a real estate, they are using the same protest procedure as the Procurement Department. The Procurement Department and the Law Department has interpreted this as practice, as precedent that section as meaning that you must allege the grounds of your protest, you know. This is not the first time this interpretation has been made. As for the nature of this being quasi-judicial or executive, there's two cases from Dade County. One is MOR Software versus Miami-Dade County, at 895 So.2d, 1086; and the other one is Charles M. Share versus Board of County Commissioners of Dade County, 198 So.2d, 871. And they both have said that these kinds of things are executive action. That's not to say that in legislation and things like that, you could not make it quasi-judicial, but Dade County, you know, does not treat theirs as quasi-judicial. I just wanted to state that.
Mr. Dotson: Mr. Chairman, just a point on the lobbyist registration. I believe the person who violated your process as it relates to lobbyist registration also signed the bid protest, and I just want to make sure -- I don't know whether he is participating in any other lobbying activity in addition to just being here before you, but this is not the first time that you are hearing from this person in the context of a -- of lobbying; it's not just today. He signed the bid protest.
Vice Chair Russell: I'm not sure what the --
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Mr. Brown: That's irrelevant.
Vice Chair Russell: What's irrelevant to --?
Chair Hardemon: No, no, no. That's what we're discussing right now, relevancy, aren't we?
Commissioner Gort: Yeah.
Chair Hardemon: So I will say this: So there's a motion and there's a second on the floor. I'm just -- I'm -- you know, the way that I see it is that I'm saying to the board members that I would approach this cautiously, because I think that you should follow the law.
Vice Chair Russell: Do you -- I'm sorry, Mr. Chair. Do you feel that there would be legal risk for us to discuss this? And I'm going to -- I guess I should ask this to our City Attorney, and this is the advice I have to rely on. If we discuss, for example, the contamination issue and it is later deemed or even deemed now through the Chair's motion that it's not germane to the protest, could that be used by whoever loses as legal grounds to say that this was decided incorrectly? Would we be opening ourselves up to risk, legal risk by having that discussion, even though I can ask anything I want? The Chair is warning that there is potential -- he didn't say "legal risk," but he said -- he's warning us to follow process. I'm asking you, are we at legal risk for hearing something that may be outside the bid protest statute of limitations?
Ms. Méndez: As part of the bid protest, yes; you could be opening yourself up for certain arguments by whoever wins or loses that bid protest. In a general -- just in a general sense, if you were to ask a question and it would not at all prejudice your decision, then that, obviously, is a different --
Vice Chair Russell: You're not helping me.
Ms. Méndez: -- situation. I would encourage you to just stay within the four corners of this bid protest, because that has been our past practice. That has -- that is what we have always interpreted as being part of the Code. There are, obviously, other situations in which you can ask all the questions that you deem appropriate. For purposes of this bid protest, I would encourage you to stay within the document that was filed originally. At the time of an award, you can ask other questions.
Vice Chair Russell: So we could possibly deny the award at that point, based on this issue?
Unidentified Speaker: Yes.
Commissioner Carollo: But that will be -- that's why I said, "kicking the can down the road," because that would take --
Chair Hardemon: It's a different -- you're talking about a can of milk and a glass of wine. It's two totally different issues.
Commissioner Carollo: I don't see why it is, because we're saying, "Okay, we can't deal with it now. We have to deal with it later."
Chair Hardemon: Because this is a bid protest; not an award.
Commissioner Carollo: But the City Attorney -- correct me if I'm wrong, Madam City Attorney. You said that we could even -- and this was your words, not mine -- you said that this Commission could even decide to throw the whole thing out --
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Ms. Méndez: Right. You can --
Commissioner Carollo: -- at this meeting.
Ms. Méndez: -- you could decide to throw the whole thing out, yes, but not in the confines of the bid protest; in just a general sense. The bid protest only has to do with one person at a time or two people at a time and -- for now.
Commissioner Carollo: But why would we throw the whole thing out if we haven't heard from --
Ms. Méndez: Well, that is --
Commissioner Carollo: -- all the issues?
Vice Chair Russell: Other reasons.
Commissioner Carollo: All the reasons; which is, I guess, why --
Ms. Méndez: -- you have to, I think, --
Commissioner Carollo: Commissioner Russell and myself are trying to --
Ms. Méndez: Right. But that is --
Commissioner Carollo: -- obtain.
Ms. Méndez: -- with regard to the grand scheme of things; not based on any one or two bid protests. You're saying that there are other reasons or reasons --or this reason -- whatever the case may be, but you're giving reasons as to why you think the whole thing should be thrown out; not in the confines of a bid protest. It's two separate things. And obviously, it's the rejection of all bids; not one, unless you're doing a bid protest, staying within the confines, and then looking forward, so.
Chair Hardemon: Look, I just play a lawyer on TV. No, but I'm saying this to say that we're getting -- we heard arguments from counsel, both sides. The advice that we're receiving from our counsel is saying, "I think you should stay within the four corners." It's my opinion -- I have one vote, like you do -- that we should stay within the four corners. It's probably the smart thing to do. Many times, we have to make decisions that we don't like, but it's because it's along the lines of the law.
Vice Chair Russell: I did --
Chair Hardemon: But you -- your vote is your vote. I mean, you could vote, the vote could fail, and then we have to have another vote, which is to use -- to allow them to participate within the bid protest. We're going to vote and that probably will fail, also.
Vice Chair Russell: I feel as though I'm being asked to decide on something where there's a potential relevant -- potentially relevant issue out there that I'm not to consider, and it frustrates me very much that, one, if it is germane, if it is important that it didn't get into the protest; or, two, that our City Administration didn't catch it if it was relevant. Now, we're not able to discuss that if it's not part of the protest, but I want to know that. I want to know if our City considered this and dismissed it early on, knowing the newspaper articles. I recognize and I believe the protester that they didn't know about it till now, because, of course, they would have brought it within the time limit if they had; that only makes sense. My question is: Did the City know about it and simply dismiss it as not relevant? Or did they not realize it and consider it as part of this?
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Because I sincerely do not believe the argument that, "Everyone should have known about this; we didn't have to bring it up." Either you didn't have to bring it up because it didn't qualify within the verbiage of City of Miami contamination -- of the RFP disqualification; or you didn't disclose it because --
Chair Hardemon: Vice Chairman, I will say that one of the attorneys said that he -- one of the attorneys put on the record what it was that was being discussed, and that it did not apply to his company that he represents, because it was Miami-Dade County property; not city property. That's what he said. There was another counselor that mentioned after response of one of the attorneys that they should have known, in the sense that it would have -- you should have known, because it was something that in this -- I guess in this industry -- it was a big deal. And so -- but that still doesn't get us to where we are. So, for instance, if we go with what counselor -- was it Brown? Are you an attorney?
Mr. Brown: Brown, yes.
Chair Hardemon: Okay. Counselor --
Unidentified Speaker: (INAUDIBLE).
Chair Hardemon: Yeah. Good, good; me, too. We'll talk about that -- that Counselor Brown, his point is that you should be able to supplement in this case, because this is important information to know. Is it -- because you got to remember, there's two things, and they're arguing two very different things. One, they're saying, "Look, you can consider this." We have a process that I'm -- that I believe we should abide by that the City Attorney said we should abide by. He's saying that you don't have to. That's what he's saying. And then he's saying, "Not only do you not have to, but I'm going to allege something that we should use to disqualify another bidder"; just so happened to be the winning bidder. And so -- versus the winning bidder saying, "Look, I was responsive. I did not have to answer that question positively, because it did not affect a thing." And so the question is, are you going to allow someone to allege something to -- at this point is a responsible bidder -- outside of the parameters that we have identified in the law? And that's why I said you have the law and then you have how you feel about the law.
Vice Chair Russell: Mr. Chair, is it your concern simply that it's not fair and shouldn't be heard, or is it that it would weaken our -- the strength of our decision if it were decided on the wrong issues?
Chair Hardemon: Well, I think that, one, it's unfair and it should not be heard, because that's what the process allowed, period. Period. I think that if -- and I want to stress "period" again. That is what the process is. Secondly, I think that if you find yourself making a decision based off of facts that are not within the written protest, you're really -- you're adding injury to insult -- or is it "insult to injury"?
Ms. Méndez: Vice Chairman, at the time -- let's carry this out and just do it in steps. You have a bid protest before you. You listen to the facts as they are presented and the argument that will be presented, based on the bid protest. You dispose of those bid protests however you do. At the time of award -- or before award, you can ask of the Administration, you can do additional research, and you could do any due diligence that you feel that you need in order to be able to grant that award. Please do not feel that right now -- unfortunately, it -- because I understand Commissioner Carollo, as well. You want to deal with it now, you want to dispose of it now, you don't want to kick the can down the curb. I understand, but the can will probably be in another two weeks when you come back for an award. Obviously, we don't know what's going to happen right now, because we're -- we still have to go through the bid protest. But you're confined right now within the bid protest and what was submitted.
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Commissioner Carollo: Madam City Attorney, but -- and I don't want to speak for Commissioner Russell, but I think what we're trying to do -- you said, well, you will know; or you could do your investigation or analysis, you know, two weeks from now. But we're saying, "Okay, at that time, he and I can't speak." I can't speak to the Chairman. I can't speak to Commissioner Gort. We're here, in -- you know -- in the sunshine, and we're saying, "Okay, what's the difference of two weeks or right now?" I mean, in all fairness -- because we want to deal with it right now.
Chair Hardemon: We're in a different vehicle. I mean, this -- the vehicle that we're in is made to move us from Point "A" to Point "B." The vehicle that you're proposing moves us from Point "A" to Point "Z."
Commissioner Carollo: And what's wrong from -- of going from Point "A" to Point "Z" now, and dealing with it now instead of dealing with it two weeks, where --
Chair Hardemon: The reason I --
Commissioner Carollo: -- we're still in the dark?
Chair Hardemon: -- think so is because at the time we were looking at this and for the bid; for the bid, say, approval or the recommendation of the Manager, Section 18-104 doesn't apply. Then our hands are not tied. Then we're able to -- I can question, you know, "Mr. Manager, you said 'two apples.' Why did you say 'two apples'? It should have been three apples." You know, then you can play with the procurement process at that time. But, like I say, I mean, look, I --
Commissioner Carollo: Yeah, it --
Chair Hardemon: -- you vote your -- you vote how you feel. I think, you know, what's going to happen -- and it's just the way that I see it -- I don't know how Commissioner Gort is going to vote, but I have some information of how to the left and to my right of me are going to vote, and I know what I'm going to do, because I'm going to follow what the -- you know -- the Section 18-104 gives me to follow. And if it fails because it's split, there's going to have to be another motion. I couldn't imagine another motion that will be acceptable if there was already a split on this.
Ms. Méndez: To put it in the context that you all do on a bi-weekly basis for rezonings and exceptions, and things of that nature, first you deal with the rezoning. And sometimes, you have questions, but you just don't deal with it at that time, because the project isn't before you; it's just a plain rezoning. Then it comes back for an exception or for some other type of approval that comes before you, and then you deal with that at that time. So it's just the proper time with which to deal with certain issues. And I just wanted to put it in a context that's more akin to you and you're more familiar with.
Vice Chair Russell: Mr. Chair, I'm not decided, honestly. For me, it's about keeping the integrity and strength of the legal process to where what decisions we made aren't overturned later, because we didn't follow process, and that's why I'm listening to you. I'm listening to Commissioner Carollo, because I find this to be a very relevant issue; not knowing yet the magnitude; not knowing yet whether it actually should or should not have disqualified them, but I want to hear it.
Commissioner Carollo: But wanting to know more.
Chair Hardemon: But it's an issue that is not alleged within the four corners of the affidavit.
Commissioner Carollo: And I guess what I'm saying is, but it made it to this level already. Can now, as a Commission, go ahead and listen to the additional information that, I guess,
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Commissioner Russell and myself want to know about?
Chair Hardemon: But the thing about it is that, one, we shouldn't be hearing it, because that's not what the process allows for. And I think that when you go further than that, once you hear it -- and we've already heard the facts -- well, some of the facts -- then it becomes prejudicial. And so, then, I'm making a decision based off of what? What are we deciding this case on? What are we deciding what we're doing today on? You know, I thought it was about the written protest; that's what I came here to decide today, a written protest.
Vice Chair Russell: I'm considering much bigger issues in this. As important as this RFP is -- this isn't a -- this isn't we put out bid to get some supplies for a building or a new vehicle.
Commissioner Carollo: Exactly.
Vice Chair Russell: This is a very long contract on a very big property; waterfront property that will go to referendum and go before the people.
Commissioner Carollo: Exactly.
Vice Chair Russell: Our decision is so important, I don't want to leave anything in the dark. I want to -- by the same token, I want to follow all the process correctly, so that no mistakes are made that disqualify our decisions or make things get overturned. I have problems with our entire RFP process, which is another discussion; or maybe it's not; maybe it's to be had here. The reasons that we may go into the different options that have been put before us of accepting one or the other, or throwing the whole thing out, you know, may go way beyond the contamination issue.
Chair Hardemon: I have another motion. I move that we continue this item until we have full Commission so that we won't have a deadlock on these very simply issues. Is there a second to that?
Vice Chair Russell: He may not be here on purpose.
Chair Hardemon: Is there a second to that?
Vice Chair Russell: And you'd like to continue.
Chair Hardemon: I move -- yeah. I'm moving to continue.
Commissioner Carollo: You're moving to defer this item?
Chair Hardemon: Yeah. I -- the way that I look at this --
Commissioner Carollo: I will second it then.
Chair Hardemon: -- this won't be decided with four people. You need a fifth person to make the decision, because we've taken way too much time just to get past a -- what I would interpret as a very simple question of the law.
Ms. Méndez: Procedural item, right.
Chair Hardemon: A very simple question of the law.
Vice Chair Russell: We have a motion; we have a second. And I was kidding, by the way. I know Commissioner Suarez had to travel. I was making a joke.
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Mr. Hannon: And just for the record, that means that Commissioner Gort withdrew his motion from 8:22 --
Commissioner Gort: Yeah.
Mr. Hannon: -- and Commissioner Hardemon withdrew his second --
Commissioner Gort: Yes.
Mr. Hannon: -- 8:22 p.m.
Unidentified Speaker: Mr. Chairman, is this going to be set for a time certain or a date certain??
Chair Hardemon: I think we should set it for a time certain to clarify -- so this would come up -- no, this could be on any day; not -- it's an RE (resolution) item. So are parties comfortable attacking this item at our next Commission meeting? Yes? Now, during this time, don't go find more facts.
Ms. Méndez: The --
Commissioner Gort: Take the course, the whole wax. Let me just --
Chair Hardemon: Yes, sure.
Commissioner Gort: -- give you an information. I will not be here in the morning --
Chair Hardemon: No --
Commissioner Gort: -- on June 9.
Chair Hardemon: You said you will not be here in the morning on June 9?
Commissioner Gort: I will be here in -- after lunch.
Vice Chair Russell: We have a motion; we have a second. Mr. Clerk, do we need to open the floor for discussion on a continuance?
Chair Hardemon: I'm going to clarify -- I want to clarify the motion. Our next meeting is -- what? -- June --?
Mr. Hannon: June 9.
Ms. Méndez: It's June 9, and remember that I have reset or will be requesting to reset two --
Vice Chair Russell: Shade meetings.
Ms. Méndez: -- shade meetings, because I was -- obviously, I didn't want you all to fall asleep on me in the shade meetings, so just -- and when you're doing your time certains, just remember, I still need to do those.
Chair Hardemon: Well, then, maybe we need to choose another day. Is July more appropriate?
Mr. Dotson: Mr. Chairman, two things: Don't forget this item -- if we go through this first step
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of the process and you come back with a contract to be awarded, it has to go onto a ballot. So by continuing to kick this can down the road, what you are basically saying is that the incumbent stays, and this project gets delayed. So June 9 in the afternoon, we'll be here. That happens to be my birthday. You can bring a cake, and I'll be here in the afternoon. But June 9 --
Mr. Diaz de la Portilla: We'll be here to wish you a happy birthday.
Mr. Dotson: -- is fine for us at 2 o'clock.
Mr. Diaz de la Portilla: And we'll be here to wish you happy birthday on that date.
Mr. Dotson: I'm sure you will.
Chair Hardemon: Now, his recommendation was June 9 at 10 [sic] o'clock. I found that 2 o'clock time certains for this Commission never worked, so I don't fool myself into that any longer. It just will end up being another one of these types of nights. I know that the record is probably going to reflect that we've had this discussion, so I'm sure that this will all be considered a part of the record, and what we started to discuss -- we're going to have to supplement the record, because we don't have a Commissioner that's been here, so be prepared to make those arguments again. I think that we're going to probably provide a little bit more of a -- well, it depends on the Commission, how they feel about it. So if they need more time to hear more of the issues and discuss this longer, then that's what it will be, but June 9 at -- what do you think, Commissioner Gort? -- 5? 3?
Commissioner Gort: 3 is fine. I'll be here.
Chair Hardemon: She wants to do her shade meetings then.
Ms. Méndez: As long as -- right; as long as you let me have my shade meeting at, you know, 2 or 3, before you start.
Chair Hardemon: Does your shade meeting have to be June 9?
Ms. Méndez: I mean -- yeah. I need direction on those two cases that I have --
Vice Chair Russell: How about 4 o'clock?
Ms. Méndez: -- today.
Chair Hardemon: All right. 4 o'clock, time certain.
Commissioner Gort: Fine.
Vice Chair Russell: 4 o'clock time certain, June 9.
Chair Hardemon: That's my motion.
Vice Chair Russell: We have a motion; we have a second. All in favor? I'm sorry, do you have discussion?
Commissioner Gort: Aye.
Commissioner Carollo: Yeah. The only question I have is, in the meantime, you know, there's a lot of questions that I think you had and I had that we don't have any answers to, but I guess we have to wait or --
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Vice Chair Russell: No, and we'll get lobbied for the next two weeks and I'm sure we'll get a lot of input, and I hope all of our lobbyists are registered by then.
Commissioner Gort: Yeah.
Vice Chair Russell: We have a motion for continuance -- deferral or continuance. We have a --
Mr. Hannon: Deferral, sir.
Vice Chair Russell: -- deferral. We have a second. All in favor?
The Commission (Collectively): Aye.
Vice Chair Russell: Motion passes.
RE.4 RESOLUTION 16-00696 District 5 - A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner Keon MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT A Hardemon RESOLUTION PLACING A NON-BINDING STRAW BALLOT QUESTION ON THE GENERAL ELECTION BALLOT IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY WHETHER THEY SUPPORT THE COUNTY COMMISSION FUNDING VIOLENT CRIME REDUCTION AND PREVENTION POLICIES AND PROGRAMMING GEARED TOWARDS CHILDREN AND TEENS IN AFFECTED NEIGHBORHOODS AND COMMUNITIES THROUGH AN INCREASE IN THE COUNTYWIDE GENERAL FUND MILLAGE OR OTHER AVAILABLE FUNDING SOURCES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 16-00696 Legislation.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez
R-16-0247
Commissioner Gort: RE.4.
Victoria Méndez (City Attorney): Commissioner Hardemon, were you able to take your item that has to do with the ballot?
Chair Hardemon: No, I haven't done that yet.
Vice Chair Russell: No, we're not adjourned.
Chair Hardemon: I'm looking first for my --
Ms. Méndez: Chairman, do you want one of these?
Chair Hardemon: No, I have it now. Decorum, gentlemen; and you can have your
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conversations outside of the gallery.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: Tried to take care of the situation. So this is 6/9 at 4 p.m. Okay, so now we're at RE.4.
Commissioner Gort: RE.4.
Chair Hardemon: All right. Give me one second; I'll pull it up. This is an item that I brought forward; trying to close the resolution. Folk -- Commissioners, I know -- I'm sure that you've had an opportunity to read the resolution that I have in RE.4. This resolution was encouraged by a lot of the gun violence that we're dealing with within our communities on a countywide level; not just within the City of Miami. And there were a group of individuals that came forth that want to assist us in proposing ballot language on Miami-Dade County -- in Miami-Dade County that gives us the resources to start to really abate some of these issues. So the resources that we would gain through a voluntary tax, if the community -- this was a straw poll; just like what they did with the pets --
Commissioner Gort: Move it.
Chair Hardemon: -- the pet (UNINTELLIGIBLE) issue. And so we're just -- it's been properly moved. Is there a second?
Vice Chair Russell: I'm sorry, which item are we on?
Chair Hardemon: We're on RE.4.
Commissioner Gort: You'll like that.
Chair Hardemon: This is the nonbinding straw ballot question for the November 8, 2016 Miami-Dade County election. What we're doing is encouraging the County to put a nonbinding resolution on the -- so that people within Miami-Dade County have an opportunity to decide whether or not we should have resources directed towards people who are experiencing gun violence, so that they can --
Vice Chair Russell: Second.
Chair Hardemon: Thank you. It's been properly moved and seconded. I'll allow anyone from the public to make a comment about it at this time if you're here. Seeing none, all in favor, indicate so by saying "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.5 RESOLUTION 16-00710 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROHIBITIONS IN SECTION 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED, AND CONFORMING WITH SECTION 2-613 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING ACCEPTANCE OF THE PAYMENT OF CERTAIN TRAVEL EXPENSES BY THE CITY OF MADRID, SPAIN, FOR A CONFERENCE ON
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PUBLIC-PRIVATE PARTNERSHIPS WHERE PARTICIPATION IS FOR THE USE AND BENEFIT OF THE CITY OF MIAMI ("CITY"); AUTHORIZING CITY MANAGER DANIEL J. ALFONSO AND PLANNING & ZONING DIRECTOR FRANCISCO J. GARCIA TO REPRESENT THE CITY IN THIS CONFERENCE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST. 16-00710 Summary Form.pdf 16-00710 Back-Up from Law Dept.pdf 16-00710 Legislation.pdf
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez
R-16-0256
Chair Hardemon: Moving on now to RE.5.
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved. Is there a second?
Vice Chair Russell: Second.
Chair Hardemon: RE.5 is properly moved and seconded. Any discussion from the community? Seeing none, all in favor, indicate so by saying "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.6 RESOLUTION 16-00706 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION TO PLACE FLORIDA HISTORICAL MARKERS COMMEMORATING PERSONS, PLACES, AND EVENTS IMPORTANT IN THE HISTORY OF THE CITY OF MIAMI, SPONSORED BY INTERESTED ENTITIES AND ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE COCONUT GROVE CIVIC CLUB, SUBJECT TO THE CONFINES OF CHAPTERS 54 AND 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SUBJECT TO THE REQUIREMENT THAT THERE SHALL BE NO COMMERCIAL MESSAGE WHATSOEVER, THAT THE ENTIRE CONTENT OF THE FLORIDA HISTORICAL MARKERS SHALL BE LIMITED TO THE RECOGNITION OF PERSONS, PLACES AND EVENTS, AND THAT THE LOCATION AND CONTENT ARE SUBJECT TO APPROVAL AS A STANDARD CERTIFICATE OF APPROPRIATENESS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ASSIST WITH THE PLACEMENT OF SAID MARKERS THROUGHOUT THE CITY AND TO LIAISE WITH THE DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES FOR THE PERPETUAL MAINTENANCE OF THESE MARKERS SUBJECT TO THE CITY CODE AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE
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CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH OTHER GOVERNMENTAL ENTITIES WHERE LOCATION SITES FALL WITHIN THEIR JURISDICTION FOR SAID PURPOSE. 16-00706 Summary Form.pdf 16-00706 Legislation.pdf
SPONSORS: HONORABLE MAYOR TOMÁS REGALADO CITY MANAGER DANIEL J. ALFONSO
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0257
Chair Hardemon: RE.6.
Eduardo Santamaria: Good evening, Mr. Chair, Commissioners. Ed Santamaria, director of Public Works. RE.6 is a resolution of the Miami City Commission, accepting and authorizing the City Manager to implement the installation of historical markers to promote cultural tourism, education and awareness of historic sites commemorating persons, places, and events important in the history of the City of Miami.
Chair Hardemon: Is there a motion?
Commissioner Gort: Move it.
Chair Hardemon: Been properly moved.
Vice Chair Russell: Second.
Chair Hardemon: And seconded by the Vice Chairman. Anyone from the public --
Commissioner Gort: Discussion.
Chair Hardemon: -- that'd like to speak on this item?
Commissioner Gort: Discussion. Okay.
Chair Hardemon: Oh, yeah.
Dolly McIntyre: Dolly McIntyre, 190 Southeast 12th Terrace. Please be sure to include one of those about Lemon City.
Chair Hardemon: Yes.
Commissioner Gort: Yes. I was just going to ask that question.
Chair Hardemon: Yes.
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Commissioner Gort: This can signify the historic neighborhood that we have within the City of Miami, which we have quite a few of them.
Mr. Santamaria: Yes, Commissioner. Again --
Commissioner Gort: And would have to come back to us to approve every one of them.
Mr. Santamaria: That's correct. And we're working with organizations here that will actually volunteer their time to put this together, and also acquire the signage.
Commissioner Gort: The Heritage Trust, would be very important to deal with them, too, because of the knowledge they have on historical sites in here. Thank you.
Chair Hardemon: Seeing no further person that wants to speak from the public, I'll close the public hearing. Any further discussion from the dais? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
RE.7 RESOLUTION 16-00697 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF Commissioner HOUSE JOINT RESOLUTION 275, WHICH PLACES ON THE NOVEMBER 8, Francis Suarez 2016, STATEWIDE GENERAL ELECTION BALLOT, A PROPOSED AMENDMENT TO SECTION 6 OF ARTICLE VII AND THE CREATION OF A NEW SECTION IN ARTICLE XII OF THE STATE CONSTITUTION TO REVISE THE HOMESTEAD TAX EXEMPTION THAT MAY BE GRANTED BY COUNTIES OR MUNICIPALITIES, IF AUTHORIZED BY GENERAL LAW, FOR THE ASSESSED VALUE OF PROPERTY WITH A JUST VALUE LESS THAN $250,000.00 AND OWNED BY PERSONS SIXTY-FIVE (65) OR OLDER WHO MEET CERTAIN RESIDENCE AND INCOME REQUIREMENTS TO SPECIFY THAT JUST VALUE SHALL BE DETERMINED IN THE FIRST TAX YEAR THAT THE OWNER APPLIES AND IS ELIGIBLE FOR THE EXEMPTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT, SENATE PRESIDENT ANDY GARDINER, HOUSE SPEAKER STEVE CRISAFULLI AND JOINT RESOLUTION SPONSORS SENATOR ANITERE FLORES AND REPRESENTATIVE BRYAN AVILA, AS STATED HEREIN. 16-00697 Back-Up from Law Dept.pdf 16-00697 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-16-0245
Note for the Record: Please see Item PA.1 for minutes referencing Item RE.7.
RE.8 RESOLUTION 16-00737
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Department of Human A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Resources ATTACHMENT(S), RATIFYING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20, FOR THE PERIOD OF OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018. 16-00737 Summary Form.pdf 16-00737 Legislation.pdf 16-00737 - Exhibit.pdf 16-00737-Memo From City Mananger Regarding Exhibit Modifcation.pdf 16-00737-Exhibit-SUB.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-16-0250
Chair Hardemon: I know we're very pressed for time. I know we have a lot of issues that we need to get through as quick as possible. However, one thing I want to try to take care of, because I know he had some pressing time constraints, I'll allow Mr. Javier Ortiz to come speak to the Commission for a brief few minutes. You're recognized, sir.
Javier Ortiz: Thank you. Javier Ortiz, president of the Miami Fraternal Order of Police, 710 Southwest 12 Avenue. I thank you, Mr. Chair, for bringing up this item regarding the ratification of our collective bargaining agreement, which we've worked extremely hard with the City Commission, as well as with our people, and we're just hoping that we can have that ratified now.
Chair Hardemon: Okay. Now --
Commissioner Suarez: Are we on the item, or we're just discussing it?
Chair Hardemon: I just wanted to give him the opportunity to speak. If there's going to be much discussion about the issue, I don't think that we should probably take it up now, but I know that you wanted to -- there were some issues -- I don't know if they were pressing, some things that were being spoken of, and if you want to --
Mr. Ortiz: Mr. Chair, I'm just hoping that it can be ratified. I just wanted to make sure that there was no issues and it was going to be passed by the Commission.
Commissioner Suarez: I'll move it now, if you want.
Chair Hardemon: You can move it.
Commissioner Carollo: Second for discussion.
Chair Hardemon: It's been properly moved and seconded for discussion.
Mr. Ortiz: Thank you.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Go ahead.
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Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, the reason why I want to begin with discussions is because it seems like I'm getting mixed signals, so I want to make sure, and I want to ask our Manager, is he recommending approval of this item, of RE.8?
Daniel J. Alfonso (City Manager): Commissioners, the -- RE.8 is the contract that we worked out with the Union. If you are asking me as to the financial concerns that have been expressed of the Finance Committee, I will tell you that I have reviewed the Finance Committee's letter; and as them, I am also concerned, because with the revenue projections that we have into the oncoming years where property value increases of 9, 7, and 5 percent over the next few years, a softening of the real estate market, and an apparent cooling of the economy, of economic activities, the City's current rate of expense cannot be sustained with our projected revenue. If our revenue projections are in the ballpark, we, as a city, will have to reduce, cut from the budget some expenses so that we can sustain our contracts. This could be removing pay/go items for capital, freezing hiring, eliminating positions from the budget, et cetera. The fact is that I'm putting this contract in front of you and telling you that in order to sustain our contracts -- not just this one; the other ones that we entered into -- we will have to make changes to the budget. It's not -- I'm not saying it's not impossible to do, but I am saying that there will have to be adjustments. You cannot go with the rate that we have right now.
Commissioner Carollo: With that said, because the way it was presented to the Finance Committee and the discussions that took place, there was much talk of a financial cliff, a fiscal cliff. So is there a fiscal cliff or a financial cliff that we're going to fall off, and we're going to be back like in 2010? So that's why I'm asking you, are you recommending this, or where are we? Because if that's what being represented to the Finance Committee, then it needs to be represented to this Commission here in the public so we could all discuss it.
Mr. Alfonso: Commissioner, we did not say that there would be a financial cliff. What we're saying is that if we continue the current rate of expense, it cannot be sustained with our projected revenue, and there will have to be changes to our budget. That's all I'm saying to this Commission.
Commissioner Carollo: Okay. But when it was represented -- I believe your CFO (Chief Financial Officer) was the one who was representing it, along with your Budget director -- it wasn't as calmly stated as you just said it. It was more like, “Yes, there is direct concern, and we have a financial cliff, and that financial cliff is coming in 2018.” So --
Mr. Alfonso: Okay. Commissioner, I'm told by my staff that our staff did not use the word "financial cliff." That was used by one of the board members. Now, the graph that we showed shows that if we continue on our continued rate of expense -- that's that graph you have in front of you, sir -- if we continue on our current rate of expense, we will exceed our revenues, and we did say that it will require approval of this Commission in the future to make cuts.
Chair Hardemon: Before we continue, I just want to let this be known that --
Commissioner Suarez: You have a time certain.
Chair Hardemon: -- I was trying -- no, I know I have a time limit -- time -- we have a time certain at 11 o'clock, and I'm going to call it at 11. But I was told by you, Mr. Ortiz, that you wanted to say a few words. This is a discussion that we could have had later, and what hap -- let me finish. What happens is, is that there are some other organizations that are here that we also want to get in, because we had a designated time period. I really wanted to kind of move this agenda, keep going forward.
Mr. Ortiz: Mr. Chair, if you need to pull it, because I know you're limited on time -- I appreciate the fact that you tried to pull this. Obviously, this is going to be a large discussion.
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Chair Hardemon: Yes.
Mr. Ortiz: I have to be up in northern Florida this afternoon, but I understand. I respect that. That was not my intention. I didn't know it was going to turn into a full-blown discussion.
Chair Hardemon: You're recognized.
Commissioner Suarez: And I respect that, too, because I know you have a variety of things you want to accomplish this morning. I have -- based on your time certain schedule, I have to leave at 6:30 today, and I just -- I'd like to deal with this issue before I leave, if possible.
Chair Hardemon: Right.
Commissioner Suarez: This is important.
Chair Hardemon: No, it is important. No, it's very important. So this -- Commissioners, what I'm saying is this --
Commissioner Suarez: It doesn't have to be right now. It could be in -- the first thing we could take in the afternoon when we come back.
Chair Hardemon: Right. What I'd like to do is that, for instance -- let me recognize you first, before I tell you what --
Commissioner Gort: No, go ahead. I mean, we've seen all this before, and we instructed the Manager to do certain things, and we were told about it; and as a professional, he's telling us what he's thinking. Nobody saying "a crisis." But, you know, if I could determine something was going to happen in two years, I'll be rich.
Commissioner Suarez: Yeah. That makes (UNINTELLIGIBLE).
Commissioner Gort: I'd be buying bonds right now, okay? Thank you.
Commissioner Suarez: And five years, even better. Mr. Chair, you want to take it up first thing in the afternoon? Is that -- are you good with that?
Commissioner Gort: Yeah, first item in the afternoon.
Chair Hardemon: First thing in the afternoon?
Commissioner Suarez: Let's do it.
Chair Hardemon: All right, that's fair.
Commissioner Suarez: Thank you.
Chair Hardemon: Thank you very much.
Mr. Ortiz: Thank you, Commissioner. What time would that be at?
Commissioner Suarez: 3 o'clock.
Mr. Ortiz: 3?
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Chair Hardemon: 3 o'clock.
Mr. Ortiz: Okay. Thank you very much.
Commissioner Suarez: Or we'll do it before the shades.
Chair Hardemon: Yeah, we'll do it before the shades.
Mr. Ortiz: Thank you, Commissioners.
Commissioner Suarez: All right.
Chair Hardemon: Thank you.
Commissioner Suarez: Thank you
Chair Hardemon: Thank you, Commissioner. I appreciate your kind gesture.
Later...
Chair Hardemon: Re-adjourning [sic] the May 26, 2016 Miami City Commission meeting. I believe that our promise was to come back and discuss RE.8, which is the ratification of the FOP (Fraternal Order of Police) Collective Bargaining Agreement of 2015 to throughout 2018, so we can reconvene discussions regarding that matter. Shall we throw it to the City Manager?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: That's what we said, right?
Unidentified Speaker: (INAUDIBLE).
Commissioner Carollo: I'll yield to the City Manager.
Mr. Alfonso: Well, this is the FOP contract discussion. As we said earlier, we have negotiated a contract under the parameters that we were given, and we're bringing it to this Commission for ratification. I believe the FOP has already voted, and they voted 89 percent approval.
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: You're recognized.
Commissioner Carollo: Thank you, Mr. Chairman. And as we started speaking in the morning, I said that I had received mixed signals, because it's my understanding that this is the recommendation of management; and at the same time, I see -- the Miami Herald today, it says, "Miami budget crunchers warn City spending is getting out of whack." I -- specifically from one of the board members of the Finance Committee stipulates that, "If you told me that the cliff was coming in 10 or 12 years, then there would be adequate time to make the amendments, but since it comes in the middle of the contract" -- so I'm questioning, is there a financial cliff? Is that the representation? And if it is, how did we come about those numbers? So it doesn't clearly say with revenue; although the Manager stated, but -- what were the expenses. So my question, once again, Mr. Manager, do you recommend this contract? Is -- are we in a financial cliff? Are we looking at a financial crisis? Is this 2010 all over again?
Mr. Alfonso: Mr. Chairman and Commissioners, as I stated earlier, this is a contract that we negotiated with the FOP with the parameters that we were given and -- for the long-term
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prospects. Now, understanding I don't hold a crystal ball, so we make assumptions as to how the revenues are going to act in the future and how the expenses are going to act, based on the expenses that we have incurred to date. And if we assume no changes in those expenses, then in 2018, we suspect that there will be less revenue available than is needed to cover the expenses. So I'm just saying that this Commission, if we approve this contract, would have to make changes in the future -- or whoever the Commission is -- when we come up to the situation where the revenues will not be sufficient to cover the expense, that Commission will have to make changes; approve changes to the budget that will significantly require some cuts to meet the requirements of the limited revenue.
Commissioner Carollo: Mr. Manager, when you say "some cuts," and when you presented the chart, I think the perception is that that chart takes into consideration recurring expenses. And I know you have all expenses, but I think it gives to the impression that a lot of the expenses that we've had -- for instance, this year or last year -- are recurring expenses; therefore, if we continue with the same expenses -- which, by the way, 7 to $8 million of those expenses was to build a building. I don't think we're going to be building a building every year. So I don't think next year, we're going to have an additional 7 or $8 million of building a building expense; and if we do, I don't think the following year we will have that, too. So, in other words, they're one-time expenses, so very easily -- and what has occurred is that we have budgeted an expense for some of these one-time expenses prior to negotiating with, let's say, Public Service. And I don't have to tell you and I've made it very clear, and you know it; public safety has always been a priority for me. So I don't mind substituting. I don't mind substituting public safety for another building, because would you agreed that 7 or $8 million of our current budget is to build a building, correct? And that's a one-time expense; it's not a recurring expense. So the perception is that this is the same expense that we're going to have year after year and if we continue, and then based on your estimate of revenues, then, yes, what -- I think you have here year 2017/2018, we would then run into issues.
Commissioner Suarez: Mr. Chair, after --
Commissioner Carollo: So I want clarity, because I want to make sure that everybody out there knows, especially anyone who thinks that there's a financial cliff, like one of the Finance Committee members mentioned; and not only that there's a financial cliff; that it's going to happen in two year, because if it was 10 or 15 years down the road, we could make some adjustments. But I don't see that financial cliff, especially based on these expenses, when some of these expenses are one time. I'll give you another one, and I know it's not going to be popular, so I'm not going to mention too many of these expenses. We had the 7 or 8 million for the building, and like I said, I don't think we're going to build a building every year. Then we have the capital expenses for each elected official; that's an additional six. We're at 14 million already. That doesn't have to be a recurring expense; not to mention -- before my Commissioners look at me with a bad eye -- not to mention --
Chair Hardemon: Don't mention it.
Commissioner Carollo: -- hold on -- not to mention that the Administration is planning in the not-so-far future to go for a bond offering of 200 and some million dollars for capital projects. So it's not like we're going to have those expenses. So I think, you know, saying that we're going to have to make cuts isn't necessarily a true statement, because I don't think we have to cut another 7 or $8 million expense that is a one-time expense; it's not a recurring expense.
Chair Hardemon: Commissioner Suarez.
Commissioner Suarez: Thank you, Mr. Chair. Commissioner Carollo and I are agreeing on a lot of things today. This is a Commission that inherited a city that was on the verge of bankruptcy. We got a looming $115 million deficit, and only about 9 or $13 million in reserves.
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And this Commission --
Commissioner Gort: 13.
Commissioner Suarez: I'm sorry, 13.
Commissioner Gort: 13.
Commissioner Suarez: Yeah, 13 million in reserves. This Commission has built up those reserves to a high point of somewhere in the hundred and forties. We won't even get into the cuts that our employees have had to take in the interim to make that happen. And this -- last year alone, we grew by like 13 and a half percent, if I'm not mistaken. Now, your projections for growth are actually a product -- projections for reductions in growth, because they're not growing at the same sustained rate as it was before. You're projecting 9 percent, 7 percent, and 5 percent.
Mr. Alfonso: That is a projection on the property tax growth, which is not the overall budget growth.
Commissioner Suarez: I didn't say it was the overall --
Mr. Alfonso: That's the property tax portion.
Commissioner Suarez: Right. That's fine; yes, correct. And the 14 -- the 13.5 percent, just to be clear, was on the property tax portion growth. So a couple things: One, you know, those are -- you are predicting already a conservative -- sort of a soft landing -- realistic soft landing, which I don't think anyone is necessarily disagreeing with, but just to -- this little bottom category that, by the way, I had never seen until -- before -- I don't know if anyone else had seen here -- talks about the incremental growth to be 10.7 -- right? -- for this year. We're predicting 9 percent for the next calendar year; 5.2, we're predicting 7; and 4.1, and we're predicting 5. And I understand that that's only 50 percent of our budget, but, you know -- first of all, these numbers weren't even given to us from before, but that's a whole 'nother issue that it's not even worth talking about. But I don't know if you put into the equation -- for example, something that came out in today's paper -- the Centrust Tower. The Centrust Tower was sold to -- I think yesterday -- for $200 million, which is a hundred percent increase from 2010, when it was sold for $100 million. So that's an increase in valuation that goes directly to the bottom line of the City. I think the City has demonstrated -- I mean, this Commission, in particular, has demonstrated discipline when necessary and prudence when necessary, and I think it's -- you know, and I think the incremental increase, it's a declining amount. You -- this -- the first year, they get 8.8, which, obviously, rolls over; the second year, their salary increase is half of that, 4.7; and the year after that, it goes -- gets even lower at 3.9; and we got a 90 percent approval rate; and which, by the way, I would add that our general employers, I think, approved that at 98 percent. So I think it's a good thing that we started off in a situation where this Commission -- many of these Commissioners had to deal with a very difficult situation and circumstance and a very tense amount of years with our relationships with our employees, and now we have employees that are agreeing with the policy of this Commission and the policy of this government at that rate. So I'm comfortable with it. We've had to make tough decisions in the future and we may have to make tough decisions in the future again.
Commissioner Gort: Mr. Chair.
Chair Hardemon: You're recognized.
Commissioner Gort: My understanding, the numbers that we hearing today is the one that we requested the Manager to do, so he's following our instructions that we gave him, but he's being
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very careful and let us know that something might happen, because nobody has the crystal ball that can tell what the economy is in the future; if it is, please let me know so I can go ahead and sell or buy some shares. So it's important to go ahead and just take the decision. What he's telling us, if something happens in the future -- not a crisis or anything like that -- but if any (UNINTELLIGIBLE) comes, some of the cuts have to be done. Like for capital improvement, we have fund for capital but we got special funds for each one of the districts, and we have all kinds of funds that can be reduced. So I don't have any problem voting today. He's just being very professional. As a professional, he let us know what could be happening. Okay?
Commissioner Carollo: Mr. Chairman.
Chair Hardemon: Yes, sir.
Commissioner Gort: I'm ready to make a motion.
Commissioner Carollo: And Commissioner --
Commissioner Gort: Well, the motion's already been made, so.
Commissioner Carollo: And Commissioner Gort, I agree with you 100 percent. I didn't want to get into all the different categories, but I agree with you 100 percent. There's a lot of places that doesn't necessarily have to be recurring expenses, year after year --
Commissioner Gort: He just wants to make sure that we know that.
Commissioner Carollo: -- and yes; however --
Commissioner Suarez: But -- go ahead.
Commissioner Carollo: -- the chart that was given along with that sheet that was given to the Finance Committee in order to make the recommendation gives the assumption [sic] that the expenses are recurring, because the way it was presented, if we --
Commissioner Suarez: Right.
Commissioner Carollo: -- keep the budget the way it is right now, our revenues will not be able to overcome these expenses with the new contract.
Commissioner Suarez: Mixed (UNINTELLIGIBLE).
Commissioner Carollo: So I need to make sure. Is there a financial cliff? Do you think we cannot sustain this contract?
Chair Hardemon: Before we move forward, without the hot button -- leap with the hot button terms, I want to ask you very plainly, do we have enough revenue to support our reoccurring expenses?
Commissioner Suarez: Of course we will. We had a $30 million surplus this year.
Mr. Alfonso: Commissioner, the existing contracts that we have, with the projection of revenue that we have will not be sufficient in the long run to sustain the commitments that we have, so that it is my statement that, as the Finance Committee stated, we are concerned that there will need to be changes to the budgets in the future to ensure that we maintain the financial integrity principles in place.
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Chair Hardemon: Okay. Now, that's important. You stated the financial integrity principles.
Unidentified Speaker: Integrity principles.
Chair Hardemon: Right. Currently, how far above our financial integrity principles are we today?
Mr. Alfonso: Today we're significantly above; about $40 million above.
Chair Hardemon: So --
Commissioner Suarez: Yeah, I mean, I'm just saying like -- and I'm going to piggyback on something that Commissioner said, also. There -- these budgets, five years out, as Commissioner Gort said, as well, you know, you're assuming no change in our -- status quo after these contracts, and you're assuming --
Commissioner Carollo: And we're assuming the same expenses that --
Commissioner Suarez: Of course.
Commissioner Carollo: -- we have right now. And I'm telling you we are not going to spend 7 or $8 million --
Commissioner Suarez: Of course.
Commissioner Carollo: -- every year to build a building; we're not.
Commissioner Suarez: And I would also say that we have demonstrated as a Commission discipline when necessary in making these discipline choices, time in and time out. So I just -- I think the frustration on our end is the perception that the sky was falling, but that's how they are -- I mean, and I understand. You don't control what the Miami Herald writes. I get it. But that's the perception; that the sky is falling, and, you know, or that we're being irresponsible. And I don't think that's fair.
Eli Feinberg: Mr. Chairman.
Chair Hardemon: You're recognized, sir.
Mr. Feinberg: Eli Feinberg. I chair your --
Commissioner Suarez: By the way, I don't (UNINTELLIGIBLE) him.
Mr. Feinberg: -- Finance Committee. Personally, it's kind of hard to be up here as a 17-year member of the Walter Hadley FOP, but we were charged, you know, by this Commission to kind of vet all the labor negotiations. And it was a hard decision by the Committee to make this recommendation, but we also followed what happened in Tallahassee during the session, how the City of Jacksonville had to go to the legislature to get a special act to take back to their city, and to pass a bill that would allow them to go out to a vote to make up for their pension deficit. We don't have a crystal ball, but there's a -- you know -- talk of a real estate bubble. And, you know, like your Administration, we're just trying very, very hard to present what we think, you know, might be the reality. Its' very, very hard to come up here and to, in a sense, short-change law enforcement or firefighters, or your very dedicated public employees. But we're concerned about what may be happening as we all shared in 2010. We don't want that to happen again.
Commissioner Suarez: Mr. Chair, if I may?
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Chair Hardemon: Yeah, absolutely.
Commissioner Suarez: I think -- and I respect you for your perspective, but I have to correct the record on a couple things. Number one, none of this involves increasing in any way, shape, or form the pensionable aspect of the compensation. Right? We -- rightfully or wrongfully -- made some significant cuts to the pension system in 2009 that have not changed since then; that's issue number one. So I don't understand, really, the Jacksonville comparison, because that's not what's happening here. Secondly -- how long have you been on the Finance Committee, Mr. Feinberg?
Mr. Feinberg: Appointed during Mayor Regalado's first term as a Commissioner.
Commissioner Suarez: What year was that?
Commissioner Carollo: '95, '96.
Commissioner Suarez: Did you approve those budgets that drained us from 140 million to $9 million?
Mr. Feinberg: The board back then, the Finance Board had several votes, both supporting and voting against.
Commissioner Suarez: Okay.
Commissioner Gort: Let's call the question, guys. Come on.
Chair Hardemon: The question has been called.
Commissioner Carollo: Mr. Chairman, yeah, but I think it's important, because I want to make sure that our Administration is -- I want to make sure. Do we have a financial crisis or not? Do we have a fiscal cliff or not? For instance, the proposal and the immediate long-term adverse financial impact that this will have on the City, what's the immediate financial impact that this contract will have on the City? The -- I'm sorry -- the immediate adverse financial impact that this contract will have on the City.
Mr. Feinberg: Well, as the Manager stated, you know, probably none.
Commissioner Carollo: But that's not what you're stating in your letter.
Mr. Feinberg: Well, I'm looking down the --
Commissioner Carollo: Right. But you also included --
Mr. Feinberg: Right.
Commissioner Carollo: -- the immediate adverse financial impact in the City; and also, the long-term adverse financial impact, but you included the immediate. What is the immediate?
Mr. Feinberg: Well, we're currently negotiating for the next contract with the fire fighters, and also for your AFSCME (American Federation of State, County and Municipal Employees) employees.
Commissioner Carollo: Right. So that's going to have an immediate impact?
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Mr. Feinberg: Well --
Commissioner Carollo: By the way, when they showed you that chart, did they tell you that most of those expenses were one-time expenses and not recurring expenses?
Commissioner Gort: No.
Unidentified Speaker: Yes.
Commissioner Carollo: They mentioned that? Because I didn't hear it on the record. I listened to the tape.
Mr. Feinberg: Right.
Commissioner Carollo: I took the time to ask for a tape.
Mr. Feinberg: Yeah.
Commissioner Carollo: That's how we got the information that you hadn't seen before and so forth, because I wanted to see exactly what was presented to the Finance Committee, to see if it was the same thing that was presented to us, and I don't have to tell you that there were some changes and differences.
Commissioner Suarez: Sure. I'm sure.
Mr. Feinberg: Well, yeah. You know, this committee just advises and counsels. You have lay board members, and you all do -- have made some wonderful appointments to this board and your board members have volunteered a lot of pro bono time sitting on committees, sitting on other boards, hoping for the very best for the City of Miami.
Commissioner Carollo: And let me just stop for a second. Listen, I appreciate the work that you do, okay? But at the same time, when something is presented to you all in a manner that was not presented to us, and all of a sudden, you have a financial cliff or one of the members of your committee feels that there's a financial cliff, that -- if a financial cliff is coming in 10 or 12 years, we could remedy. But if it's coming in two years and our Administration doesn't step -- come and say, "Hey, there's no financial cliff. Listen, all we have to do is cut back some of these capital expenses that are one-time expenses." So in your analysis where in 2017/2018, we're going to have a $15 million deficit, well that $15 million deficit doesn't take into account that the numbers that were used were one-time expenses; that doesn't necessarily mean that they have to be an expense at that time. I already mentioned 14 million. I could go on very, very quickly how there's a lot more millions there that will cover -- and I definitely, definitely would approve for public safety, Police, and the future of Fire, because I'll tell you right now, I know we spend monies -- which I didn't approve the budget -- on a new division, department, so -- for quality of life to see what's important to our residents. I can tell you, I can tell you, any resident that calls 911, either for Police, or because they're having a heart attack and Fire needs to get there as soon as possible, that's their priority.
Mr. Feinberg: I agree. It's --
Commissioner Carollo: That's their priority, quality of life.
Mr. Feinberg: Yeah. Again, you know, we serve at your pleasure, and we just make our recommendations as we see fit.
Commissioner Suarez: But -- and I think what he's trying to say is we do respect the work that
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you do, and you have great members -- Mr. Zichella behind you; and Mr. Vadillo, I think was on it; I'm not sure if he's still on.
Mr. Feinberg: Fausto Alvarez, Lynda Harris.
Commissioner Suarez: Great people.
Mr. Feinberg: Yes.
Commissioner Suarez: But you guys can only analyze what you're told --
Mr. Feinberg: Yes.
Commissioner Suarez: -- and what you're given.
Mr. Feinberg: That's true.
Commissioner Suarez: And then what you say and what you put in writing is what gets written. And I can't blame the Miami Herald reporter, either. It's not his fault; he's just writing what he's seeing and what he's -- you know, that's the problem. So that's what -- the frustration that we have on our side of the ledger. We've been doing this for a while. We had to invoke financial urgency three consecutive years.
Mr. Feinberg: Right.
Commissioner Suarez: Okay? And we went through the hard times and we were here and we had to look at our employees in the face and it was hard and it was difficult and it was uncomfortable, and it was un-pleasurable, okay? And, you know, in fairness, there was a year where we, you know, filed for financial urgency, and then, all of a sudden, we found $48 million, the same year. By the way, we were going to do a bond offering the next week, okay? We were under SEC (Securities and Exchange Commission) investigation. I'm not going to tell you what the Finance Committee did on that one, what they recommended.
Mr. Feinberg: We all went through that one altogether, yeah.
Commissioner Suarez: That's right. So -- okay. So, you know, that's why we're trying to clarify the record a little bit here. And I think, you know, that's where the latitude is being asked from us.
Commissioner Carollo: Mr. Chairman, one last thing. Before I take the vote -- and I'm ready to vote, but the one thing that I just want to ask once again, and I want to make clear for everybody, Mr. Manager, is there a financial cliff? Do you feel that we are heading in a direction that, financially, we're going to be in some dire financial need or so forth? I've already mentioned, quite easily, how substituting some of these capital -- one-time capital expense could overcome the priority of what I think is this Board and the City of Miami, which is public safety. That was to the Manager. I want to know from our Administration that they don't feel that we're in a financial cliff; that the sky is falling and so forth.
Chair Hardemon: You're recognized, sir.
Eric Zichella: Eric Zichella, 2929 Southwest 3rd Avenue; member of the Finance Committee --
Commissioner Gort: Bring the phone --
Mr. Zichella: -- appointed by --[
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Commissioner Gort: -- bring the mike up.
Mr. Zichella: -- Commissioner Carollo. I just want to clarify. I think it's some of my comments, actually, that have caused some of your consternation, so, you know, I'll absorb that. But what I want to make clear and what I want to put on the record for you is that we're not suggesting to you -- and I don't think the Administration ever suggested -- that there is an imminent cliff that is coming, no matter what, or that the economy is going to fall apart. Could; we don't have a crystal ball. I think what we're suggesting is that when you look at these labor contracts in the context of the overall budget picture, if you vote to approve them today, you've just got to understand that in the future, there are other spending cuts that you're going to have to make in order to maintain the same level of financial integrity principles that you have today. And that's the objective of the Finance Committee; is to review decisions that are going to be before you, provide you with advice about problems that could arise in the future, and let you make those decisions about what's politically prudent.
Commissioner Carollo: In light of those comments, do you feel, with what we have stated today and some of the expenses -- because it's not cut expenses if some of those capital improvements -- like I said, one of them is for $7 million, and we just did an adjustment for an additional million dollars to build a building.
Mr. Zichella: Correct.
Commissioner Carollo: Do you foresee us building a building every year? So is it accurate to say we got to cut that expense? I mean, no, it's just not going to happen. So --
Mr. Zichella: That's a totally fair characterization, and I'll rephrase my statement to be that, you know, it could be cuts or nonrecurring spending that you have today; either way, there's going to have to be a reduction in spending in order to maintain the financial integrity principles.
Commissioner Carollo: And I'll go a step further. I didn't necessarily agree with some of those expenses; that's why I voted against that budget, too. So I didn't necessarily agree with some of those expenses --
Mr. Zichella: But also --
Commissioner Carollo: -- because my priority, once again -- my priority, once again is public safety. And I think that public safety comes before some of those expenses that are one time -- I get it, you know, they're not recurring; again, when you look out into the future, you need to take that into consideration. And I don't think that was taken into consideration by what everyone's saying; that the current rate of expense cannot be sustained with our projected revenue. But our current rate of expense isn't going to be the same; it's going to be reduced, because, like I said, I don't think we're going to continue those capital expenses; not to mention -- and there's a lot of other things, not just capital expenses -- not to mention that the Administration is thinking of going out for bond offering for capital projects.
Mr. Zichella: To be clear on a couple of other points, the Finance Committee doesn't approve your budget, either. We don't have an opportunity to amend your budget, or make suggestions on changes, or projects that should be included or not included. So I don't want there to be some perception that, you know, we're proposing a budget for you that could've led you into some sort of a recession previously, but at the same point, it's also important to think about the contract that's before you considers and assumes that the same number of officers will continue to be employed. And everyone recognizes that there's a need for additional hiring, so, at least temporarily, there could be additional gaps that are not included in those budgets. So when you think about spending cuts to -- for non-recurring spending on capital projects, there's also labor
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issues associated with it. And I won't belabor the point with you. Obviously, I get where you're coming from. I just wanted to make it clear that we're considering the future and just advising you of that. So we apologize if there's any "sky is falling" mentality out there, but it's not our intention.
Commissioner Carollo: Yeah.
Chair Hardemon: Now, but listen --
Commissioner Carollo: And again, because you believe there's no "sky falling" scenario?
Mr. Zichella: I believe that it's very important to maintain the City's financial integrity principles; they've led to bond upgrades. I think if we continue on that path, we're going to have more upgrades, and that's a positive thing for the City, so.
Chair Hardemon: So be cool. Commissioner Suarez.
Commissioner Suarez: Yeah. I just want to finish by saying we've increased our police force by 220 officers over the last few years, and we're going to be losing another 200 from our DROP (Deferred Retirement Option Plan), so that's -- you know, that's a significant amount of turnover in that department, and there's going to be a significant amount of hiring that needs to be then, just to get back to the sustained levels that we've budgeted, but we're not going to get into a big discussion about our hiring practices. I think we've talked about it every two weeks for about two years here at Commission, but you just have to understand our frustration. We got here when the sky was falling and we had to turn it around and got to a point. And then it's just frustrating, you know, when things are put out that, you know, to me, just sort of give the impression that, you know, what we're doing here today is not really responsible, and I don't think that's fair.
Chair Hardemon: Right. I think everything has been clarified. I know the motion -- well, the question was called; however, there is something that needs to be clarified. Mr. Clerk, would you address the body, please.
Todd B. Hannon (City Clerk): Thank you, Chair. Mr. Manager, it's my understanding that Section 18 -- or Article 18.3 needs to be amended in the Collective Bargaining Agreement.
Vice Chair Russell: 18.3?
Commissioner Carollo: Can you repeat that?
Mr. Ortiz: Article 18.3 of the contract was -- there was some strike-through language that we had put regarding the -- since the raises had been -- I'm sorry -- the increases had been frozen for so long; it was just cleanup language.
Amy Klose (Director, Human Resources): I'm sorry, can you repeat the question?
Chair Hardemon: Yeah, Mr. Clerk?
Mr. Hannon: Yes. Madam Human Resources Director, it's my understanding that Article 18.3 needs to be amended. The current exhibit that went to print in the agenda does not have the most up-to-date Article 18.3, so we need to amend the Collective Bargaining Agreement.
Ms. Klose: Yes. We -- okay. We have the substitution back with us.
Commissioner Suarez: And that -- just to be clear, that's a memo from the Manager.
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Commissioner Gort: You are?
Ms. Klose: I'm sorry. My name is Amy Klose. I'm the director of Human Resources.
Mr. Hannon: Yes. It was an email that was sent out by the agenda coordinator on Wednesday, May 25, 2016, at 10:54 a.m.; substitution item RE.8.
Commissioner Suarez: To you -- to your office?
Mr. Hannon: Well, to multiple people; Commissioners and other staff.
Commissioner Suarez: Okay. And you're okay with that?
Ms. Klose: Yes.
Commissioner Suarez: Okay. So I amend my motion to include that language.
Chair Hardemon: Seconder, Commissioner Suarez.
Vice Chair Russell: Mr. Chair?
Chair Hardemon: I mean the seconder, Carollo?
Commissioner Carollo: Yes. And I still have a follow-up question.
Chair Hardemon: Okay. Let me have the Vice Chairman, and then I'll come back to you.
Vice Chair Russell: 18.3 just reminded me that there's a small typo. 18.2 actually doesn't exist on here; it's listed as 8.2; just a typo. We're missing 18.2.
Ms. Klose: Okay.
Vice Chair Russell: Just had to have a 1.
Commissioner Gort: Change from 18.1 to 18 --
Vice Chair Russell: It's just a typo.
Ms. Klose: Okay, thank you.
Commissioner Suarez: I amend -- I accept the amendment; the scrivener's error.
Chair Hardemon: Commissioner Carollo.
Commissioner Carollo: Thank you. And I want to go to my original question. I want to know from our Administration that there's no financial cliff; that we're not in a crisis, financial crisis and so forth.
Commissioner Gort: Just let him know. Come on.
Commissioner Carollo: Yeah, Mr. Manager, but you still haven't answered the question, because I'm sure that you didn't tell that to the bonding agency when they came over here a few months ago, and you knew we were working on this contract. So I want to make sure that everybody understands that there is no financial crisis.
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Mr. Alfonso: Commissioner, I never used that term. That was your term and that was the -- a member of the committee's term.
Commissioner Carollo: Okay. That was used in the -- during the Finance Committee. Now, I want to make sure that, since you never used that term, you don't feel that we're in any sort of financial crisis or a financial cliff, and you know that we could sustain this budget just by making the -- I won't even call them "cuts" -- just one-time expenses could substitute that for the new contract with the FOP.
Mr. Alfonso: Your opinion, sir, is that you can solve the issue with capital. I'm not ready to make that assertion. I'm just saying that there'll have to be changes to our spending pattern.
Commissioner Carollo: And our spending --
Mr. Alfonso: And we have not said that there's a financial cliff. If this Commission is willing to make changes to the budget in the future to sustain our expenses with the existing revenues, that's all that's required.
Commissioner Carollo: So you're saying that there is no financial cliff; as long as we make those changes, whether it's from capital, from wherever?
Mr. Alfonso: Correct. I've never said that there was a financial cliff; neither did any member of my staff.
Commissioner Gort: No financial cliffs; there's none.
Commissioner Carollo: Okay. I'll leave it at that. I would argue against, and I got the tape to prove it. But you know what? I'm going to leave it at that.
Chair Hardemon: All in favor of this motion that is on the floor, the amended motion, indicate so by saying "aye."
The Commission (Collectively): Aye.
Chair Hardemon: All against?
Commissioner Suarez: Congratulations.
Chair Hardemon: Motion passes.
Mr. Ortiz: Thank you very much. Thank you, Mr. Chair.
Chair Hardemon: You've very welcome.
Mr. Ortiz: And thank you all for all your hard work. I greatly appreciate it, and my members appreciate it, also. Mr. Feinberg, thank you for your work.
RE.9 RESOLUTION 16-00722 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Commissioner Ken RESOLUTION NO. 15-0072, ADOPTED ON FEBRUARY 26, 2015, IN ITS Russell ENTIRETY, AND RE-ESTABLISHING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE ("COMMITTEE"), TO STUDY SEA LEVEL RISE AND ITS EFFECT ON THE CITY OF MIAMI AND MAKE RECOMMENDATIONS TO THE
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CITY COMMISSION, INCORPORATING ALL AVAILABLE INFORMATION ON THE SUBJECT, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS MADE BY THE FEDERAL GOVERNMENT AND MIAMI-DADE COUNTY; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 16-00722 Letter - Vice Chair Russell.pdf 16-00722 Legislation.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0254
Vice Chair Russell: Mr. Chair.
Chair Hardemon: You're recognized.
Vice Chair Russell: Before we get to RE.3, which will probably be a lengthy one, RE.9 and 10, I believe we have some folks here for, and those could be taken pretty close together. That's the sea level rise issue. If that's the will of the --
Chair Hardemon: I was wondering who all these people were. I was trying to figure it all out. RE.9, "s'il vous plait"? RE.9.
Vice Chair Russell: Thank you. Mr. Chair, this, I believe, is mine; having to do with the board makeup of the Sea Level Rise Committee. Most of you know that there are two seats left available, un-appointed; both yours and mine; appointments for the Sea Level Rise Committee. And I'm bringing forth this recommendation that one of those seats be replaced with someone who has a background and specialty in social justice, and issues that I don't think have been addressed in the board makeup itself. I think it's a voice that is very important that should be heard within the Sea Level Rise Committee so that their decisions every month have to take into account all populations of the City and how it will be affected.
Chair Hardemon: I -- my last appointment to the board, I was told was someone that they enjoyed working with. She resigned most recently, because she had another offer for a job, I believe, outside of the State -- or at least outside of the City. And so what you're -- by what you're proposing, are you saying that one of our appointments -- say a D2 or D5 appointment -- would be an appointment that has to be about social justice; is that what you're submitting?
Vice Chair Russell: Correct. And it doesn't have to be made just because I'm bringing it. It could be your appointment; although I've gotten some great résumés, even since bringing this up, of people that would be qualified for it.
Chair Hardemon: For social justice?
Vice Chair Russell: Yes.
Chair Hardemon: No, it's easier for me to find someone for social justice than it is to find someone for sea level rise, so I'll sacrifice mine.
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Vice Chair Russell: I'm sorry?
Chair Hardemon: I'll sacrifice mine to make mine a sea -- I mean a --
Vice Chair Russell: Understood. I don't think that the actual -- the background of the appointments are tied from one seat to another, so anyone can make our appointment, as long as it's within the -- what do you call it? -- the makeup; the person has the background of one of the remaining seats that they're looking for. And so it doesn't matter whether it's you or --
Chair Hardemon: So, Madam City Attorney, I just want to be clear. What's the effect? I mean --
Victoria Méndez (City Attorney): So the --
Chair Hardemon: -- well, first of all, 9 is the -- to re-establish the Sea Level Committee.
Ms. Méndez: Right. So what we're doing in RE.9, based on Commissioner Russell's request, is that every time there's a meeting of the Sea Level Rise and they have to discuss anything that's important, it's an automatic discussion item to the City Commission; that the civil engineer position is going to be changed to a person who has knowledge of low-income-vulnerable communities, social justice type -- how you're describing -- and that their -- the two-year term is re-established now, based on this resolution. I think that covers all the new changes for --
Chair Hardemon: I am not an engineer. I'd like to hear from an engineer. Do you think that a civil engineer is someone that is absolutely required upon a Sea Level Rise Committee, Mr. Manager -- or anyone by hands? I'm asking to phone a friend in this one.
Daniel J. Alfonso (City Manager): Commissioners, you are the ones who say how the board makeup is. I think when we discussed this in the past, we made the comment that having a civil engineer on the committee would be important since civil engineers understand, perhaps, the mechanics of what is needed, but it's up to you to name whoever you want.
Chair Hardemon: So what's the issue with adding two people to this body, two social justices; would that be an issue?
Ms. Méndez: No. It's swapping out the one with engineering experience to one with more vulnerable --
Commissioner Carollo: Right.
Chair Hardemon: Right. No, I understand.
Commissioner Carollo: But --
Chair Hardemon: So that -- because it's an odd-number committee, correct?
Commissioner Carollo: Right.
Chair Hardemon: I understand that, too.
Commissioner Carollo: So I think what the Chairman is saying -- I don't want to put words in your mouth -- just add two additional members.
Ms. Méndez: I believe if you add the two additional members, it throws off the count.
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Vice Chair Russell: No, we would only need to add one additional member --
Ms. Méndez: Right. That's why --
Vice Chair Russell: -- if that were the will of the board, to leave the civil engineer in place and add one board member, as long as we remain with an odd number, correct? That's the goal.
Ms. Méndez: Right. The goal is to remain with the odd number so --
Commissioner Carollo: But if we have an odd number right now --
Chair Hardemon: Right. Then you're --
Commissioner Carollo: -- and we add one, it becomes even. So that's why you said two --
Ms. Méndez: Right. You're not adding your --
Vice Chair Russell: Oh, that's why you're recommending --
Ms. Méndez: -- it's the swap-out.
Commissioner Carollo: Yeah.
Chair Hardemon: So what I'm saying is not the swap-out; the civil engineer --
Commissioner Carollo: Right. Add two.
Chair Hardemon: -- it's not my profession, but add two individuals; one of which that could be general; and the other, which could be someone from social justice.
Commissioner Carollo: And I would make them both at-large, with the requirement that they need to be what you just stated.
Vice Chair Russell: I'm sorry. With the requirement that they -- what?
Commissioner Carollo: That they need to be what you want them to be.
Vice Chair Russell: I did speak with the chair, Wayne Pathman, who wasn't able to be here today for the presentation.
Commissioner Carollo: Right.
Vice Chair Russell: But he did see the swap with the civil engineer as not a sacrifice; especially since within staff, we have a lot of civil engineering background and these sorts of issues. And there are other backgrounds within the board makeup right now that that particular position wouldn't be missed, according to him. So swapping that for a social justice background seat wouldn't be a loss to the board.
Chair Hardemon: But would two be a hindrance to the board?
Vice Chair Russell: I don't know. Why not?
Commissioner Carollo: So why --?
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Ms. Méndez: Right now, you have seven voting members. So if you add an extra versus a swap-out, you're going to end up with eight --
Chair Hardemon: No, no.
Commissioner Carollo: No.
Ms. Méndez: -- voting members.
Chair Hardemon: Two extras.
Ms. Méndez: If you want to add two --
Commissioner Carollo: Yes.
Ms. Méndez: -- then that turns it into a nine-member board.
Vice Chair Russell: Sure.
Commissioner Carollo: Okay.
Vice Chair Russell: And then, we need to decide if that ninth member needs a specific background or if it's just an open seat that we --
Commissioner Carollo: I'm open.
Vice Chair Russell: -- appoint at large.
Commissioner Carollo: I'm open, so I would just have those two at-large; one with that requirement and --
Chair Hardemon: One with social justice, and the other one --
Vice Chair Russell: One a wild card; could be anything. All right. I'd be very happy for that amendment to the item.
Commissioner Carollo: Let's do it.
Chair Hardemon: So there was a motion to amend the item -- to amend the resolution proposed by Commissioner Carollo, which I'll take that as a motion to approve the item; with a second by the Vice Chairman.
Vice Chair Russell: So it would change -- we no longer need to strike the board, right? We were going to do a strike and a reforming of the board; now, we're just adding two seats.
Ms. Méndez: Okay. So then, it'll be a total of nine voting members. The extra two that we're adding now will be at-large, you said?
Chair Hardemon: One is at-large.
Ms. Méndez: One at-large. And the other?
Chair Hardemon: No, I'm sorry; both at-large.
Ms. Méndez: Okay.
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Commissioner Carollo: Both at-large.
Ms. Méndez: The two.
Commissioner Carollo: One with a requirement.
Ms. Méndez: And then one is going to be the vulnerable communities; and the other will be a --
Chair Hardemon: Open seat.
Vice Chair Russell: Open seat.
Ms. Méndez: -- open catchall type position.
Commissioner Carollo: Right.
Ms. Méndez: Okay.
Chair Hardemon: Any further discussion on this? Anyone from the public that would like to comment? Seeing none, I'll close -- you sure? I'll close the public hearing. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Méndez: As amended.
Todd B. Hannon (City Clerk): As amended.
Vice Chair Russell: Did you want to speak?
Galen Treuer: I would like to speak, yeah. I put in a card. I believe you have my card.
Chair Hardemon: On which item?
Mr. Treuer: What?
Chair Hardemon: On which item would you like to speak?
Mr. Treuer: On this one that you just passed.
Vice Chair Russell: On the -- specifically on the board? Because we have RE.10, which is the sea level rise.
Mr. Treuer: Oh, RE.10; perhaps that was the one. I didn't know.
RE.10 RESOLUTION 16-00727 District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Commissioner Ken RECOMMENDATIONS OF THE CITY OF MIAMI SEA LEVEL RISE Russell COMMITTEE ("COMMITTEE"); FURTHER DIRECTING THE CITY MANAGER TO STUDY HOW AVAILABLE RESOURCES AND STAFF CAN BE PROVIDED IN ORDER TO ENHANCE THE WORK OF THE COMMITTEE AND REPORT IN SIXTY (60) DAYS TO THE CITY COMMISSION. City of Miami Page 119 Printed on 7/6/2016 City Commission Meeting Minutes May 26, 2016
16-00727 Letter - Vice Chair Russell.pdf 16-00727 Legislation.pdf
Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0255
Chair Hardemon: All right. So we'll call up RE.10 now.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: No problem, no problem; it's okay. RE.10.
Vice Chair Russell: Thank you, Mr. Chairman. This also has to do with sea level rise, and it was going to be contingent on Mr. Pathman's report, so for lack of having that report today -- which I believe will be coming at our next Commission meeting -- I would just like to strike the first phrase in the resolution -- let me just get to it here -- and leave the portion where we're directing the Manager to work with the Sea Level Rise Committee on a potential budget with which they can work with. How many days did I say in here? Over the next 60 days?
Victoria Méndez (City Attorney): Right. You --
Chair Hardemon: So you're saying strike the part that says, "Accepting the recommendation of the City of Miami Sea Level Rise Committee." You're striking that --
Vice Chair Russell: Yes.
Chair Hardemon: -- and just directing the City Manager to study how the resources and staff can be provided in order to work.
Vice Chair Russell: Yes.
Chair Hardemon: All right.
Commissioner Carollo: So, in essence, you're just asking for a study.
Vice Chair Russell: Yes, because the Sea Level Rise Committee, amongst their -- well, not a study -- well, yes; to --
Commissioner Carollo: Yeah, to --
Chair Hardemon: (INAUDIBLE).
Vice Chair Russell: They will be asking for money, and I'm asking for you to study with them the resources that are provided; no -- not to conduct a study --
Commissioner Carollo: Right.
Vice Chair Russell: -- but to work with the Sea Level Rise Committee to bring forth a proposed budget which they could use.
Chair Hardemon: (INAUDIBLE).
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Commissioner Carollo: In other words, analyze.
Vice Chair Russell: Yes.
Commissioner Carollo: Analyze.
Vice Chair Russell: I'm not saying give them money today. I'm saying work with them to see what money they need. I was hoping that would be part of Mr. Pathman's presentation to us, but at least now, at least we can direct the Manager to start the process of considering that budget.
Commissioner Carollo: Analyzing; that doesn't mean we're going to do any expenditures; once again, just analyze what they need and --
Daniel J. Alfonso (City Manager): I understand the directive. Our proposed budget will come out in early July, so I'm sure that we can come to this Commission with some recommendation for what it is that you want to do.
Chair Hardemon: Thank you. Sir, you want to be recognized? Public hearing.
Galen Treuer: Galen Treuer, 1236 Drexel Avenue. That's on Miami Beach, but I used to live here in your district, and I go through Miami every day. So I just wanted to say that this is an extremely important issue and that they are doing good work. And if you can direct the community to come together around the sea level rise issues, it's an opportunity for us to really move forward and make a difference, and to get people engaged. I heard a lot of conversation earlier today about civic engagement, and this issue of sea level rise is really an opportunity, I think, for Miami to engage populations that sometimes maybe don't feel like they're engaged, because it's going to affect all of us. I study sea level rise as an academic, and one of the most important things in it is that it crosses boundaries, economic and physical. And I think that we're seeing that the City of Miami has to now play with the County, has to play with the neighbors, and we have to play internally across some divisions that may have been there in the past. And so I just want to really encourage you guys to help break down those boundaries and invite people in. Appreciate it.
Chair Hardemon: Thank you, sir. You want to speak, also, sir?
Sam Van Leer: Yeah. My name is Sam Van Leer. I'm president and founder of Urban Paradise Guild, 13400 North Miami Avenue. Thank you so much for adding the seats to the Sea Level Rise Committee, and thank you for considering budgeting it, because if it doesn't have funding, it's a paper tiger. We need to get serious. We are in a fight for our lives here, and that's what I founded Urban Paradise Guild to deal with, was sea level rise. I'd also like to point out that climate justice is very important, and I appreciate you bringing that up, Commissioner Russell. And I'd like to also suggest that one area of expertise that might be very valuable for the City of Miami is to tap into people with nonprofit expertise in mitigation into your committee, because it can be very cost effective in terms of engaging a wider range of the population in solutions; otherwise, we're leaving out 95 percent of our population from being part of the solution, and we all need to fight together for this. So thank you very much.
Chair Hardemon: Thank you, sir. So you do want to speak.
Cynthia Hernandez: Good evening. I just want to say thank you again for passing this resolution, and I do think that it is important to study this issue, given that, you know, Miami has the fourth highest income inequality in the country. Over 20 percent of Miami-Dade's population is living below the poverty line; a percentage that's 33 percent higher than the poverty rate across the country. And many of our communities and the members that we represent -- the AFL-CIO (American Federation of Labor/Congress of Industrial Organizations)
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are living in these marginalized communities. And giving them a voice and a representative who can advocate for the needs of these communities; given that hurricane season is just six days away, I think it's very important, and you certainly don't want to be the next New Orleans and -- with Katrina. So thank you again for taking on this issue; very commendable; appreciate it.
Todd B. Hannon (City Clerk): Chair, if I could just get the speaker's name?
Chair Hardemon: I'm sorry. Ma'am, what's your name for the record?
Ms. Hernandez: Cynthia Hernandez with the South Florida AFL-CIO.
Valencia Gunder: Hi. Valencia Gunder, Liberty City resident and climate organizer for New Florida Majority. I want to thank the Commission for passing the resolution. Thank you, Commissioner Russell. I did have a lot of concerns about equity, around equity when it came to sea level rise and the planning, and I'm very, very happy as a citizen to know that all communities will be considered moving forward with planning resiliency in the City of Miami.
Vice Chair Russell: If you know any good candidates, send in a resume.
Ms. Gunder: Don't you worry; I will. Thank you.
Vice Chair Russell: Thank you.
Chair Hardemon: Seeing no further persons, I'll close the public hearing at this time. Is there any further comment from the dais? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: And this is the modified resolution.
Mr. Hannon: That was RE.9.
Chair Hardemon: I'm sorry. It's RE.10.
Mr. Hannon: This is RE.10, as is.
Chair Hardemon: All right. Motion passes.
Vice Chair Russell: Thank you.
RE.11 RESOLUTION 16-00695 District 5 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner Keon ATTACHMENT(S), DESIGNATING THE AREA DESCRIBED IN EXHIBIT "A", Hardemon ATTACHED AND INCORPORATED, AS "LITTLE HAITI" IN RECOGNITION OF THE HISTORICAL AND CULTURAL IMPORTANCE OF THE AREA TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY AS A WHOLE.
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16-00695 Legislation.pdf 16-00695 Exhibit A.pdf 16-00695- Submittal- Chair Hardemon - Excerpt-Pages from Lemon City A Novel.pdf 16-00695 - Submittal - Gepsie M. Metellus-postcard and booklet of Little Haiti Final.pdf 16-00695-Submittal-Gepsie Metellus-Little Haiti in Pictures Booklet.pdf 16-00695-SUbmittal-Marleine Bastien-Petitions Urging Support of Little Haiti Designation.pdf 16-00695-Submittal-Robert Meyers-PowerPoint Presentation.pdf 16-00695-Submittal-Marleine Bastien-Letter of Support.pdf 16-00695-Submittal-Francisco Garcia-Little Haiti Boundary Map.pdf 16-00695-Submittal-Peter Ehrlich-Letters.pdf 16-00695-Submittal-Peter Ehrlich to Commissioner Carrollo-Letters.pdf 16-00695-Submittal-Bennet Pumo-Letter.pdf 16-00695-Video Presentation-Chair Keon HArdemon-It's So Miami Little Haiti.pdf
Motion by Commissioner Suarez, seconded by Vice Chair Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
R-16-0251
Chair Hardemon: Okay. So at this point, I'm calling RE.11.
Vice Chair Russell: Which one?
Chair Hardemon: RE.11. RE.11 is a resolution of the Miami City Commission, with attachments, designating the area described in Exhibit "A," attached and incorporated, as "Little Haiti," in recognition of the historical and cultural importance of the area to the City of Miami and Miami-Dade County as a whole. Whereas the area in the northeast portion of the City of Miami, described in Exhibit "A," attached and incorporated, as "the cultural heart of the Haitian community"; and whereas the Haitian Diaspora and its community leaders have been vital to our city's growth in effectuating change between the United States and Haiti; and whereas the predominantly Haitian community has enriched Miami-Dade County's multi-ethnic character as a whole; and whereas the Little Haiti Cultural Complex has brought new dimensions to the area, introducing Little Haiti's cultural identity as a fixture in our community; and whereas Little Havana has been recognized for its cultural heritage and importance to the community; and whereas the other historic areas within the City have been identified for their importance to their respective communities; and whereas the Greater Miami Convention & Visitors Bureau recognizes the Little Haiti community as a culturally vibrant community that has enriched Miami's multi-ethnic character; and whereas the GMCVB (Greater Miami Convention & Visitors Bureau) markets the Little Haiti community as a historic neighborhood to visit when in Miami; and whereas the Miami City Commission wishes to designate the area described in Exhibit "A," attached and incorporated, as "Little Haiti" in recognition of the historical and cultural importance of the area. Now, therefore, be it resolved by the City Commission of the City of Miami that the recitals and findings contained in the preamble to the resolution are adopted in [sic] reference and incorporated as if set forth in this section. The City Commission in Section 2 hereby designates the area described in Exhibit "A," attached and incorporated, as "Little Haiti," in recognition of the historical and cultural importance of the area; and 3, this resolution shall be effective immediately upon its adoption and signature of the Mayor. So I'm reading this item so that people understand exactly what the resolution is. There's no confusion in the language of the resolution. There is no one that has read the resolution before. And at this point -- Are you ready? -- I want to start by introducing a short video that is marketed by the GMCVB.
Note for the Record: At this time an audiovisual presentation was made.
Chair Hardemon: So I played that short video just to show how the GMCVB markets that area
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around the world and to see what people, when they come visit that area, what they continue to experience; and to show you the resources that are not City of Miami resources that are put to expressing the character of that neighborhood, and really showing you where that community is going, where it has been. And without getting into much discussion, I want to open up for public hearing. Now, listen, there may be some of you that have been here that need to be reminded; there may be some of you that have never been here that should know that during this time that we have public hearing, you're allowed two minutes to speak. Two minutes is rather generous. With those two minutes, today -- I typically don't do this, but today, after your two minutes have expired and you're five seconds over and you haven't come to a close, I will turn off the microphone, because that two minutes, you don't -- you lose the floor, as we call it, which means that you no longer have the microphone; the next person who's up to speak has the opportunity to speak. So I'm going to follow that very strictly, because I want to respect all of your time, I want to respect all of the Commissioners' time, and I want to respect the fact that we have these procedures, and we intend to follow them. It is not meant to insult you. I certainly do not take pride in turning off a microphone, and I rarely do it. I've done it once here, and I've asked someone to step away from the lectern maybe twice. So we have a lot of public comment, and that's probably the only time that I've had it done. And so those are the rules. Additionally, when you hear a passionate speech -- and you will hear many of them -- from both sides -- there are people here that I care very dearly about that disagree with what is on the agenda; there are people here that I care dearly about that care or approve of what's on the agenda, but nonetheless, I care to hear everyone's thoughts on the issue. This is an issue that has been discussed many times by previous Commissioners, including Commissioner Teele, Commissioner Spence-Jones; actually on her last day on the Commission. And many of the people who are here with us today are people who spoke at that time. I know because I have the minutes. All right. And so, I welcome you all back to have a final discussion on the issue so that now we can put this issue to bed, okay? If you hear a speech that you care for, do not clap, do not give applause, because it wastes time, because I have to quiet you down; simply raise your hands and you can wave them, if you like; you can wiggle your fingers or you can -- you know, anything expressive, except for things that are offensive, okay? So at this time, I'm going to open the floor for public hearing, all right? If there is --
Commissioner Gort: You have people --
Chair Hardemon: -- is there a list that you want to follow? Is there -- if you'd like to go first, that's fine.
MarleIne Bastien: Good morning, Chairman, and good morning, Commissioners. We have a list; that we'd like to explain briefly what you said in Creole, because most of our brothers and sisters here do not speak English.
Chair Hardemon: Do we have a -- we have a Creole interpreter, right?
Ms. Bastien: Only the synopsis, the synopsis in Creole, and then Gepsie Metellus will be the first speaker.
Chair Hardemon: Okay. So as I understand, a synopsis after the person speaks will be restated in Creole?
Fritzner Dorvilier (Official Creole Interpreter): Yes, sir.
Chair Hardemon: Understood. Is that not it?
Ms. Bastien: The rules you just expressed, if we could get a synopsis in Creole, before we take the first speaker.
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Chair Hardemon: Oh, okay. Please, go ahead.
Ms. Bastien: Only a synopsis.
Chair Hardemon: Okay.
Note for the Record: Fritzner Dorvilier, official Creole interpreter, translated Chairman Hardemon's comments from English to Creole.
Mr. Dorvilier: Okay?
Chair Hardemon (as translated by Fritzner Dorvilier, official Creole interpreter): So what I'm going to do is I'm going to allow Gepsie Metellus to open the floor, and remember what -- we have our -- and our time limit, and you're a very eloquent speaker; and then from there, the floor is open for everyone to come address.
Mr. Dorvilier: Okay. Go ahead.
Gepsie Metellus: Thank you. Good morning, Mr. Chair, Commission, everyone. Thank you so much for this opportunity. Gepsie Metellus, 5000 Biscayne Boulevard, Miami 33137. I serve as the executive director of Sant La Haitian Neighborhood Center, and here before you in full support of your legislation to officially designate Little Haiti as a Miami neighborhood . This has been a long time coming. We appreciate this. And I know that I've sent to each and every one of you correspondence outlining the reasons why I support this legislation, but just to again remind everyone that Little Haiti is essentially the matrix of Haitian culture, the matrix of the Haitian Diaspora. It is the place that defines us as a people, and we, I think, have contributed significantly to earn and to deserve this moment today. We ask you to designate this area, not in disrespect to any pain, history, sacrifice of previous pioneers. We recognize clearly that we build upon what the settlers of Lemon City created; except that today we are here, and we're asking you to go ahead and officialize this neighborhood such that it takes its proper place next to the number of celebrated Miami neighborhoods; the neighborhoods that make us unique as a world-class city; the place that anyone from Miami can travel without taking a plane, because we've got that diversity in neighborhoods. And I just want to remind you that years ago, when -- it was with then City Mayor Manny Diaz, you created this for publication. It's a real Miami Tours, and included several neighborhoods from Historic Overtown, Little Haiti was included, and I just going to pass it to the Clerk such that all of you be refreshed that years ago, you did recognize that this neighborhood was a part of our Miami. Again, it was Manager Arriola who had signs made for us to again welcome people to the neighborhood. And so, today, if the sign read, "Welcome to Little Haiti/Historic Lemon City," I'd be happy, right? I also want to show you a publication that we created years ago to just remind all of us what this neighborhood represents, what it has to offer, and how it squarely fits into the growth, the development, and the making of our Miami as a world-class city. So I'd like to ask you, Mr. Chair, that going beyond this, you may be -- make sure that we have the signage; and two, that maybe you consider designating Northeast 59th Terrace as "Little Haiti Cultural Center Way."
Chair Hardemon: Thank you very much.
Ms. Metellus: Thank you so much.
Chair Hardemon: Appreciate it. You might want to -- do you want to pass the document to the Clerk?
Marleine Bastien: Mr. Chair --
Chair Hardemon: I want to remind you, all of you don't have to crowd on one side; we have two
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sides that you can visit the lectern from.
Ms. Bastien: So, Mr. Chair, we have a list; that we're going to follow the order of the list.
Chair Hardemon: Well, no. I think it'll be -- it may be easier to have people approach the microphone, because I know there are some people that'd like to speak so --
Ms. Bastien: Okay. Can we call their names? Not everybody is speaking.
Chair Hardemon: Right. So --
Ms. Bastien: Okay.
Chair Hardemon: -- is there anyone here that would like to speak?
Ms. Bastien: They've already fill out a form.
Chair Hardemon: Please.
Arva Jain: Hello, Commissioners, Chairman. Arva Jain, 690 -- 720 Northeast 69th Street, Miami, Florida 33138. I'm happy to see the turnout with the Haitian community. I'm here speaking against the resolution; not because of the content, but because of the process. I urge all the Commissioners to understand that there was no community outreach to the stakeholders, business owners. And then I think in endorsing this resolution, you are suggesting that the process by which this was handled is okay, and you're sending the wrong message to your constituents. I urge the Haitian community to be who you are, like Little Havana. It's -- you don't need a label; just own it, do it. You're doing a fabulous job. I'm a part of your community, and I'm happy to be a part of your community, and I urge you not to label, not to create diversity; and I urge the Commissioner to do proper community outreach and come back with a proper resolution. And just for the record, Buena Vista Deli is in Buena Vista, and your map and your presentation was just about Northeast 2nd Avenue. You've brush-stroked -- and I think it would be very appropriate for the whole community, press and everybody, to see the size of the area you've brush-stroked and the neighborhoods that you've designated and labeled. Labels are not necessary; just own it.
Chair Hardemon: Thank you very much.
Leroy Jones: Leroy Jones. Unfortunately, in this country, labels is a big deal. Any place in America, every place you go -- unfortunately, but this how it is -- every ethnicity has its own area. African American has its area. Cuban Americans has its area. The Haitian community has stakedly [sic] marked its line in that territory in the last 25, 30 years. We all know that area as Little Haiti. We know it as Little Haiti. Regardless to what nobody say, last 20 years, we've all called that area Little Haiti, so why not designate it Little Haiti? Because we always called it that. We all know that. So why not call it? Why not give it its proper name? I'm going to say again, anywhere you go in America, every race of people here has its area in section: the Jamaicans in Norwood; African Americans: Overtown, Liberty City; Hispanics: Hialeah, Kendall. Why not? I support this. I support this measure as an African-American man. As an African, as an African American, as an African-Haitian American; same people. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Enid Pinkney: Enid Pinkney, 4990 Northwest 31st Avenue, and I am the president of the Lemon City Cemetery Community Corporation, and the founding president of the Historic Hampton House Community Trust. In 1910, my father came from the Bahamas to Miami. During that time, Miami was mostly Palmetto bush. He helped to clear the land to make Miami beautiful
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with a machete and the strength of his back. The people who came here at that time knew about masonry. They knew -- they taught the white people how to farm with -- among the coral rock, because white people thought that you couldn't farm in that area. My grandfather is buried in the Lemon City Cemetery. St. James AME (African Methodist Episcopal) Church, Mount Tabor Baptist Church, the Church of God of Prophecy, they were all founded in Lemon City. Lemon City has a rich history for blacks and whites in this community. During the days that my grandparents lived there, white people intimidated them with various tactics, like signs on trees in front of their yards inviting them out, and so many of the black people moved to Overtown or Liberty City, and so that's why those churches are in Liberty City. That's why you have Mount Tabor, St. James, and the other churches that are there. Today --
Chair Hardemon: Ms. Pinkney --
Ms. Pinkney: -- we celebrate --
Chair Hardemon: Ms. Pinkney --
Ms. Pinkney: -- a different -- okay, I'm going to -- today we celebrate a different kind of history. I want to respect my father, my grandfather, my parents who lived in Lemon City, and also the people who are here today representing Dade Heritage Trust and the other groups --
Chair Hardemon: Ms. Pinkney --
Ms. Pinkney: -- who want to maintain and respect the name, "Lemon City" --
Chair Hardemon: Yes, ma'am.
Ms. Pinkney: -- "Little River" --
Chair Hardemon: This is --
Ms. Pinkney: -- and those historical names that we already have --
Chair Hardemon: And you'll give her your two minutes?
Cecilia Stewart: Yes.
Ms. Pinkney: -- because my -- because Haitians --
Chair Hardemon: Okay. Thank you so much. (UNINTELLIGIBLE) two minutes.
Ms. Pinkney: -- because the Haitians didn't start Miami. Miami was here when they got here.
Chair Hardemon: Okay.
Ms. Stewart: I gave you my two minutes.
Ms. Pinkney: Oh, you gave me --?
Chair Hardemon: I'll give you --
Ms. Pinkney: She gave me --
Chair Hardemon: That means you won't be able to speak.
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Ms. Pinkney: -- her minutes.
Chair Hardemon: Okay, understood. You can have the two minutes.
Ms. Pinkney: Okay. All right, thank you. Thank you, Cecilia. So I want to make it very clear that I think that this resolution that you are proposing here today is discriminatory and insulting to the history of Lemon City and the pioneers who laid the foundation for you to be here. The discrimination that they had to endure, the battles that they had to fight will be -- when you think of what has happened when the names are changed -- Aventura has obliviated Ojus. You don't hear anything about Railroad Shop; you hear Allapattah. And so when you change the name of the community, you also do something to the history of that community, and I ask this Commission today to please respect the history of Lemon City, Little River, Buena Vista, and all of those communities that were here in Miami. We welcome the Haitians and their heritage and their culture, but they have to realize that they met history here and that they didn't start Miami. The culture and the history was here, and we -- I'm going to -- as long as I'm alive, I know -- and I want to say something about Georgia Ayers. "Georgia, I'm still fighting the battle for respect. Although you've gone to heaven, I'm here, and I am fighting the battle for respect for the historical names in Miami."
Chair Hardemon: Thank you very much.
Ms. Pinkney: We welcome everybody.
Chair Hardemon: She can't -- no, that's not how this works.
Ms. Pinkney: Oh, you gave me two more minutes?
Chair Hardemon: No, no, no.
Ms. Pinkney: Oh, I got --
Chair Hardemon: That is not how this works. Understand what I'm saying to you. I do allow people to donate two minutes if that person wants to give their two minutes they intended on speaking. However, I do not allow people to completely stack their two minutes so that you can dominate the floor. So thank you so much for your opinion. Your two minutes have expired. Your four minutes, actually, have expired. Thank you. Thank you. You're recognized, sir.
Bart Mervil: Good morning, everyone. I represent MUCE (Miami Urban Contemporary Experience) and Chef Creole, and you know what? I have --
Chair Hardemon: Can you state your name for the record, please?
Mr. Mervil: Oh, I'm sorry. My name is Bart Mervil, representing MUCE and Chef Creole. And everything that Dr. Pinkney said was absolutely true and correct. Yes, you're absolutely right. However, within the past, say, 30 to 40 years, it was the Haitian, and it continues to be the Haitians that actually carries the baton, that continue to do the hard work, that continue to get disrespected. When you look at the Freedom Tower and what it represents to many thousands of individuals that have gone on to be very prosperous in this community, that is what Little Haiti represents to many of us, many of us who came as emigrants and migrants; you know, living in one-family homes, three, four, families deep; that have gone on to the public schools in this neighborhood; that have established businesses in North Miami, Aventura, Miramar. Little Haiti gave birth to a lot of those individuals that are now really being prosperous. It's Little Haiti that became those refuge -- well, that became a place of refuge for thousands of individuals still to this day. We had such a great weekend last week where thousands and thousands of visitors came to Miami looking for Little Haiti, another place where they can call home. Thousands of
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dollars, millions of dollars are coming into this economy right now because of the work that these Haitians have done, and it's not just Little Haiti; it's all over Miami. This is our home. So I do applaud you, Dr. Pinkney. All we're doing is continuing the work that your forefather -- that your father started, and that's what the Haitian people are doing; they're just doing more of our work. So Little Haiti is to be recognized as a place and a sanctuary for all of us, not just Haitians. As Leroy Jones pointed out, as a African American, he understands the vibrance that we bring to the City. Thank you.
Chair Hardemon: Thank you very much, sir.
Ms. Bastien: One second, Mr. Chair. Mr. Chair, those -- when you finish speaking, the officers asked me to tell you to leave, because we have a lot of people outside, including a lot of elderlies. So when you finish speaking, please exit so that the people who have been waiting outside can come in.
Note for the Record: Marleine Bastien translated her comments from English to Creole.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: We've recognized every elected official that's been here today: Representative Avila, Senator Miguel de la Portilla. And I believe that Representative Daphne Campbell is here somewhere; I saw her, so I wanted to take an opportunity to recognize her as well, please.
Chair Hardemon: Absolutely.
Kimberly Diamant: Can I go?
Chair Hardemon: Yeah, you're recognized.
Ms. Diamant: Hi. I'm Kimberly Diamant. I am at 261 Northeast 73rd Street, property owner, historical building in Lemon City. I've been in Lemon City for 14 years with Mr. Pumo, and I decided to buy my own property because of the historical name, Lemon City. It's what driven -- the entire community is Lemon City. I agree; the Haitians have brought a lot to our community. I buy everything from Chef Creole when I do catering, and I'm as much a part of the community in Little Haiti's Cultural Center that I am with Lemon City. I don't believe we need to label a destination. I believe that Lemon City's a little different than a lot of the other areas, because it predates Miami. It predates Miami. It's one of the oldest cities. We have the first library, the first school. It's a little bit different than the other areas. And I just personally feel that we -- I'm sorry; I'm nervous. I don't speak usually. I just think that we should not change Lemon City. I don't think that we have to take borders. I don't feel that we should expand Lemon City. I don't feel we should take away from the Haitians, but I don't think that Lemon City should disappear, nor Little River, nor Buena Vista. In New York, you have all the little cartiers that brings charm. We don't have to have one conglomerate that takes over an entire area, as Arva said. We weren't even aware of this meeting. I just found out this morning, so I'm not prepared, but I please hope that you guys dismiss it or maybe make it for another date. Thank you.
Chair Hardemon: Thank you very much, ma'am. You're recognized.
Amis Blemur: Good morning, Chair. Good morning, Commissioners. Amis Blemur, 12040 Northeast 16th Avenue, Miami. I believe when there's change, there's always a conflict, but yet, when there is conflict, there's position for growth. Little Haiti has been -- I've been in this country for 30 years. I've -- I was raised -- when I got here, I went directly to Little Haiti. I was
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about 19 years old. It was there. It is here to stay. I believe that we can give -- keep this name "Little Haiti," and yet, we can continue with whatever we doing: gentrification, changing, investments. Everything can happen, but the name can remain "Little Haiti." I believe there's a culture there. There's a history there. We can continue. It's about almost -- it's almost 50 years now since Little Haiti's been Little Haiti. Why don't we accept and embrace this change, but yet, continue to do with the growth of Little Haiti of the system? Again, thank you. Amis Blemur.
Chair Hardemon: You're recognized, sir.
Richard Nelson: Yes. City of Miami, thank you so much. Richard Nelson, from Homestead/Florida City, 14761 Southwest 285th Street. I'm also a resident of Homestead/Florida City, but also Little Haiti. My grandmother's little sisters has been a resident of Little Haiti since 1980 and 1970, so I'm always in Little Haiti on the weekends on the 62nd or 59th. I am a descendant of Okap -- my mother, and my father is a descendent of Gonaïves. So I was born as a Haitian inside myself. And I always want to represent, and I support this resolution from all the trials and tribulations that our Haitian people have suffered for a long period of time, especially here in Miami. I don't know if a lot of you are familiar with all the Haitian fights that we had when we was younger from elementary to middle school to high school. We fought, as well as the African Americans here. We're not taking nothing away. We just want to be recognized, especially for the independence that we fought in the beginning. We just want to be recognized. What's the problem? Every other area is recognized. We're not taking nothing away. We can't -- we're not saying that you can't come through. It's all love. But all we're saying is that know who we are from New York to Boston; we're all over the place, and we're showing love every time. When that Haitian Culture Center was there, you saw other cultures in there as well, not just Haitians. All I'm saying is that we show unity. Haitians show unity. So all I'm saying as a Homestead/Florida City resident and Little Haiti resident, I support this resolution, and I show love to all the communities that show love to it as well, and I love everyone in here. And I thank you, City of Miami, for this; and good luck in everything, and thank so much. Bless you.
Commissioner Suarez: Thank you.
Chair Hardemon: Thank you, sir. You're recognized.
Fayola Delica: Good morning, Mr. Chairman, other council members. My name is Fayola Delica. I reside at 130 Northwest 128th Street in North Miami. I was born in Little Haiti in 1982, and I was at Jackson Memorial Hospital. The reason why this resolution is important to me is because as a first-generation Haitian American, when my family moved to the United States, the first place they came to was Little Haiti on 54th Street in Sabal Palm area. So this is important to me as a first-generation Haitian American, because as we see, our other Haitian-American children are being proud of who they are, because they have some place to call home. When they go through Little Haiti, they know their culture, they know their history. Yes, they know they're Americans, but they also know that they're Haitians as well. And not only that, the Greater Miami Visitors Bureau actually came to Little Haiti to do more investment in the area. I was at that meeting when it talked about how to invest more into the businesses in Little Haiti and make it a tourist stop. So, yes, we do understand there was someone there before us, but also, the Haitian community has significance here in Miami. Around the world people know Little Haiti. Outside of the country of Haiti, the Diaspora is the biggest here in Miami; so I do hope you guys will recognize that, as you have already with this resolution. And the Haitian community is -- as my fellow brother said, we're all nothing but love, and Little Haiti is a place that anyone can come through. Tourists from around the world can come enjoy the beautiful country and culture that has been embedded here in Miami, the beautiful city, the magic city. My name is Fayola Delica. Thank you once again for this opportunity.
Chair Hardemon: You're recognized, sir.
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Tony Cho: Good morning. Tony Cho, 120 Northeast 27th Street, Miami, Florida 33137. Thank you for the opportunity, Commissioners. It's an honor to be here. I've been investing and working in the area that is under consideration for the last 15 years, improving and contributing. I feel a big part of the community, part of the Haitian community, part of the revival of Miami. I was one of the pioneers of Wynwood as well, and had been involved in that process since the beginning. I'm a big supporter of Haitian culture and heritage and believe that it should be honored and respected. However, there are many diverse residents, business owners, and property owners in this area who have not had an opportunity to discuss this proposal , provide input, or voice their opinion. I'm a partner in nearly 20 properties in what has been Lemon City since the mid- Nineteenth Century, including the historic Lemon City Du Puis Medical Office Building and Drugstore, one of the oldest remaining buildings in Miami, which we plan on restoring to its original glory. I am surprised and disappointed that I was not contacted, nor notified about this item concerning -- considering my long-standing involvement in this community. I believe that any sweeping, renaming of an entire area without the sensitivity to its historical context is like erasing a very important piece of history and destroying historic buildings that have significant meaning in our city. I urge you to defer this item until there has been meaningful and ample time to properly engage the community and come up with solutions that address the concerns and rights of all affected parties. Thank you.
Chair Hardemon: Thank you very much, Mr. Cho.
Francesca Menes: Hello, Chairman --
Chair Hardemon: You're recognized, ma'am.
Ms. Menes: -- and members of the Council. My name is Francesca Menes; address is 5503 Northwest 1st Place, Zip Code 33127. I am a 100 percent product of Little Haiti. I was born and raised there. And as I've seen my community grow and how much we've been able to contribute to not only the growth of our community but to the City of Miami; and understanding the importance of respecting our culture, I ask you, councilmens [sic], Commissioners, to actually think back to the way that Miami was and the fact that a lot of our community's histories are being erased. It's as if we don't exist anymore here, and it's always disappointing to see that when communities of color have to fight and have to ask and demand that we be acknowledged as community members and that our culture is preserved, and this is what we're continuing to fight for. This has been a 10-year fight. This is not a first time that we're having the conversation. This has been back since Arthur Teele, Michelle Spence-Jones, Richard Dunn, so this is not the beginning of the conversation, but I'm hopefully -- I'm hoping that this is going to be a progression towards the work that we know that we need to do in Little Haiti, because any deferment of this -- Little Haiti used to go down to 36th Street. We have gone in and inward and inward where our community is no longer starting to reflect us, because people are come in, buying our properties, and kicking our people out, where they're basically going to erase who we are and who we are as a people and our culture. So a support for this resolution is saying that you respect what we as a community have contributed to this community: the growth. And Little Haiti is nationally internationally recognized; the fact that the Visitors Bureau actually invest and putting an office there to make sure that tourists come. We contribute economically to this community. We contribute politically and socially, so you have a responsibility to preserve that. Because if we knew that we could get this and we didn't have to come here to ask for that preservation, this would have happened, but not many of our communities actually gain that support without demanding and fighting for what we know we deserve, so I ask for your support this morning and that you move forward with this resolution. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Valencia Gunder: Good morning. My name is Valencia Gunder, 1800 Northwest 75th Street,
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Miami, Florida 33147. I am here as a resident of Miami, Florida my whole entire life. I am of Bahamian dissent. My great grandparents are a part of those beautiful pioneers that Dr. Pinkney spoke of, and I'm very aware of the history of Lemon City. However -- and this is me speaking with my grandmother and other pioneers that came here also. They even recognized Little Haiti as Little Haiti. We understand the history. We -- I respect the history. However, I do think that it's very important that Little Haiti is given a chance to take form officially. Every other community has its chance. I understand what some of the community members are asking: “Why wasn't it community engagement?" But it's a lot of things that happen in our community that doesn't require community engagement. A lot of these stores and developers come in; we don't see any community engagement from them. So we've -- I've been here -- I'm 31 years old, so since I've been here, Little Haiti has been here. I don't -- I can't imagine a Miami without Little Haiti. So I'm asking the Commission and the Chairman to please support the Little Haiti community in its endeavor. Thank you.
Chair Hardemon: You're recognized, sir.
Daniel Eugene: My name is Daniel Eugene, and I want to thank you, Mr. Chairman and everybody else. And my first day in the U.S. (United States) was in Miami, and that was in a house in Little Haiti. And before I came here, I tried to do some research to the best of my ability when I checked Little Haiti, and it said that it's a predominantly Caribbean culture; a rich community once known as Lemon City. That's been -- it used to be Lemon City; now it's Little Haiti. I go and research Lemon City, and it said Lemon City are unclear because the area was incorporated. Its call is the same as (UNINTELLIGIBLE) Little Haiti. So they are mutually exclusive. We not trying to -- by calling it "Little Haiti," we threaten Lemon City. We understand the history, but we are here, as well to stay, and we can co-exist together. Lemon City, that was the past, maybe, but it's still there; but Little Haiti, it's about time that we all officially know about Little Haiti. But my question is, how do we draw the boundaries of Little Haiti? And what we used to know, Little Haiti started on 36th Street, but now that we see there's a pushback; some people come talk about going back to 54th Street and some talk about 46th Street. So what I want to bring your attention is, we cannot divide Little Haiti and Lemon City. What used to be Aventura -- Lemon City need to start Little Haiti and going backwards won't stop you. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Sylvia Wong: Yes. Good afternoon -- or good morning still. My name is Sylvia Wong, and my husband and I have been in the Little River Business District for 31 years now. We own three and a half acres and our food distribution business is there. I tell you this because many of us in the Little River Business District, whether we have been there for decades, as many of us here have; or for less time, we all want to continue improving the area, and we want to continue providing jobs for hundreds of people, as well as -- you know, of course, we all pay lots in property taxes; and we do appreciate that the City of Miami, together with CIP (Capital Improvements Program), has put forth improvements in the area, going back to the previous Administration and the previous Commissioner. And now, we're in phase three of this improvement project in the Little River Business District, which includes additional signs with the Little River Business District logos for the area. Now, we have to realize that because the area does employ hundreds of workers and includes hundreds of businesses, it is an important component of this area. We do not want the Little River Business District name to be erased, because the City of Miami had approved this as a branding mechanism for the area. And it's important also to realize that Lemon City has a long history, and we do not want to disrespect the Bahamians and the African Americans who came here back in the 1800s. I, myself, am a product of the emigrant background. I'm Cuban-Chinese American, and I stress the "American" part because we all are part of America, all the emigrants, including the Haitians, making it better. But the boundaries, we have to realize, we do not want to get rid of the Little River Business District name, nor erase Lemon City, which, truthfully, you know, history's so
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important. It is taught in the schools, together with math and English, and everything else. So please, keep the names, "Lemon City" and "Little River," and do as much as you can for all the ethnic communities in this area. Thank you so much.
Chair Hardemon: Thank you so very much. You're recognized, ma'am.
Flore Linder Latortue: You all know me, but today I'm raising my flag, and I will not speak in Creole, in Spanish to make you smile, to make you laugh. You all know me. What is going on today, it's been advertised; it's been outreach. I heard someone say that they didn't know. If I know, anyone can know. When you live in your district, when you care, you have to either read the news, get people -- open the door when they knock at your doors, and be part of changes. Gentrification, indeed, is positive, because it's about implementation; but every time they making improvement, they pushing Haitian away. The point today is clear. We came to your chamber, Chairmen; you gave us rules and regulations. The resolution is clear, and we are humble. We are asking for boundaries: 54th Street all the way to 86. You already kick us out from 36th Street; it is now Miami Design District. We are aware of Lemon City. I work there at Jackson for years. Mommy Enid, I love you. The Cemetery's not going nowhere. But we want you also to give us what is called "emotional intelligence."
Note for the Record: Flore Linder Latortue translated her comments from English to Creole.
Ms. Latortue: What I mean by that -- "basta" -- It hurts so much to see black in this room calling us "these people." We have black people in this room calling us "these people." I want to hear people in this room calling us "we are the people." We are not pushing Lemon City, we are not pushing Little River, and we are not stupid. We are boatpeople, and we are proud boatpeople who are emotionally intelligent to raise a flag in this month of May. And for those businesspeople saying that they didn't know of this meeting today, this is called -- you know, this is called "being a coward," because this issue has been there since 2000; 16 years of you pushing Haitian away. And today, you are still going to keep your residency, you're still going to keep your pride, but we -- someone also said, "label." I am not here as a unknown; I am here as Dr. Flore. And I don't think, in the State of Florida nobody will let an "unknown" speak. Then, if the resolution is not taken into consideration after 16 years, it will be unknown meeting.
Chair Hardemon: No, no clapping. Remember, tell your neighbor, there's no clapping; raise your hands in support. Madam Holmes.
Renita Holmes: Madam (UNINTELLIGIBLE) Renita Holmes honor. My husband's Haitian; from Port-au-Prince. You can't judge a book by its cover, and unless you know the culture, it will be there. On behalf of my grandmother and godmother, Georgia Jones-Ayers, whose family was overtaken by buildings in our cemetery in Lemon City, boundaries are important, historical markings are important. And I don't know if we can actually change a city legally here today, but the qualifications, we all have in common. Until she spoke, America had no due process. I wish we had this many folks in here to talk about "Wet Foot, Dry Foot." So I understand the issues of pride, I understand the issues of heritage, but let's deal with due process. There are historical boundaries that the State of Florida has set that has Lemon City. The designated area that's being asked extends beyond there. While we, as African Americans, blacks, or period, have not set boundaries and markers to show our neighborhoods, like Little Havana, Flagami, I have no problem. I grew up in Allapattah; we had everybody on the street: Haitians, Cubans -- "Yo hablo mucho espanol," but "yo entiendo mas cuando tu palabras" is straight. So we look at the law. We coexist. I don't think anyone's less or more important. This is new history being made in the Haitian-American culture, my husband's culture, my fam -- my husband's family. My family has made some history in Miami, although government has not given them that respect federally and so. So, in all fairness, of process, we can coexist just as well as Little Havana, Flagami, and all that. But Little Haiti, Lemon City is composed of Haitians, Nicaraguans, and still many other diversities, and most of the property owners may be more concerned now. I think why they're
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showing up, because it's all about the land. So let's look at our conscience, but let's remain on the facts. It cannot be done anyway. The State of Florida has laws and rules and designations and historical sites, and I'd like this Commission to honor them and find fairness for all. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Commissioner Darline Riggs: Good morning, Chairman, Commissioners. I'm Darline Bernot Riggs, first Haitian-American Commissioner in the City of Miramar and in Broward County.
Note for the Record: Commissioner Darline Bernot Riggs translated her comments from English to Creole.
Commissioner Riggs: So I am very proud to be Haitian American. And today's action is not about division or disrespect; it's about recognition, recognition of a culture group that has had a positive impact in their community. That's really what I see. So no one is trying to be disrespectful or divide a community that's doing life together. We just want recognition, and that's really what it's about. So I'm hoping today that the Commission will take all of that into consideration and make the right decisions. That's all. I'll keep it short. Thank you.
Chair Hardemon: Thank you very much. You're recognized, ma'am.
Evelyn Pierre: Good afternoon. My name is Evelyn Pierre, at 4141Northeast 2nd Avenue. I'm the executive director and founder of the Haitian Heritage Museum. We've been around for 12 years. And I'm here today because I grew up in Little Haiti. I actually grew up on 46th Street. Then my parents got a little bit of more money, and then they moved to 54th, and then they moved to Miami Shores. So we felt that it was really important to keep our heritage and our culture. I left South Florida and I came back, and I decided to start the museum with my co-partner here, Serge Rodriguez, because we felt the identity of the kids are so important. I was fortunate enough to go to school in Miami Beach. At one point, I thought I was Jewish, and my mom was like, "No, we're Haitian." I'm like, "Okay." So I felt it was really important to start the Haitian Heritage Museum, because a lot of our kids, they're confused; they don't know who they are. And I think having the Haitian Heritage Museum, it will signify the legacy for the next generation, so our kids will not be at a disadvantage the way our parents -- when they came here, they had to learn the language, get their papers, and then send us off to school. So I'm a product of Little Haiti, and I'm proud to say that, because I feel that when you know who you are, you definitely know where you're going. So I believe, yes, we need to keep Little Haiti Little Haiti, because I was debating. I'm like, "should I come? Should I not come?" I came on other issues, but I felt that I needed to come today, because it's so important that we designate Little Haiti. It used to be on 36th, and I understand, but I remember as a kid going to, I guess, these festivals on 54th Street, and the float would end on 62nd. I don't remember everything, but I remember Father Jean Juste. When my family used to come on the boat, my mom used to be on the phone like, "Oh, we're going to go to 62nd Street and go pick up a family member, and they will live with us for three months, and then they will go off to New York," or whatever. So we need to designate 54th Street all the way to 79th Little Haiti. And Serge has to say something.
Serge Rodriguez: Yes. Good afternoon. I'm Serge Rodriguez; also a member of the Haitian Heritage Museum. I'll be really brief, but I just wanted to touch up on two points that haven't been brought up today. We've all heard about the cultural relevance, and everybody understands the role that cultures have in building the community. But there's two things that we have to keep our minds on: There's the real estate issue, because Little Haiti is sitting on prime real estate property, okay? So you've got a lot of businesspeople out there that are creating pro forma analyses and trying to convince the community that it's bad business to call Little Haiti "Little Haiti," okay? The Haitian community has had a major impact in the economic development of Miami for the last 30 years, so if we want to talk numbers, we've contributed billions of dollars to
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our economy, okay? So a small pro forma balance saying that "Hey, we need to call this place 'Lemon City,' and we need to rebrand it as such" is completely irrelevant. You don't build a community by dividing communities. The other thing that we got to consider also is that the City of Miami has promoted Miami as an international destination. Everything in our branding material is about the diversity of our communities, right? So what kind of message are we going to send to the international community if we're dividing ourselves from within? A man that's double-minded will fall, and we've got to remember that. So if there's areas in Miami where they're trying to build Chinatown, what message are we going to give the Chinese people when they realize that, "Hey, you know what? Maybe in 10 years we're going to change the name of Chinatown to something else"? You got to be really careful in how you're branding Miami. I don't think the City of Miami wants to be on the hook in terms of giving the wrong message to the international community about who we are and how we grow our people. I am for promoting Little Haiti. Thank you.
Chair Hardemon: Thank you very much.
Agnes Morton: Good morning, Commissioners. My name is Agnes Rolle Morton, 1454 Northwest 43rd Street, Miami, Florida 33142. I was born and raised in Overtown at 1527 Northwest 5th Place, and my family was displaced in the mid-1960s when we lost our home by eminent domain for I-95. I support the cultural preservation of Lemon City as a pillar in the history of Miami-Dade County, and feel that it deserves its rightful place as a separate entity within the City and County. Lemon City shouldn't go the way of the former Railroad Shop, where black residents were evicted and displaced from their homes in 1947 when a school for white children was needed. It is now relegated to the history books that many people never read. According to Dr. Marvin Dunn, a notable historian, there was a growing population of Bahamians in Lemon City, Cutler Grove, and Coconut Grove, and I add Colored Town/Overtown, before the City of Miami was founded in 19 -- in 1896. Many blacks lived and worked in Lemon City prior to the establishment of Miami. Lemon City was a self-contained community and had one of the earliest grade schools for children, according to an article in the Miami Metropolis newspaper, December 9, 1898. The struggle that Dr. Pinkney and her committee successfully waged, along with assistance from the Miami-Dade County Commission and the City of Miami, to restore and preserve the remains of our ancestors in the Lemon City Cemetery is to be commended. We must become educated about the contributions that our Bahamian and African-American ancestors made to the history of Miami, and ensure that the rightful place be remembered, respected, and preserved within the overall history of Miami-Dade County. Lemon City must not be forgotten and should not be eliminated for the purpose of creating Little Haiti. Proper boundaries must be respected as you consider this resolution.
Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am.
Mary Hill: Hello.
Chair Hardemon: Hello.
Ms. Hill: How's everybody?
Chair Hardemon: Doing the best we can.
Ms. Hill: I am so, so excited.
Chair Hardemon: Can you state --
Ms. Hill: My name is Mary Lee Hill, and I also live -- used to be Edison, and they have -- and now it's extended to call "Little Haiti." I am very, very -- I don't know what to say from the changes that I have witnessed since I have been in that area. We had to go dangerous positions
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to even be in Edison. People were being shot and killed, and we had to put our heads down, and I used to visit Lemon City when I was a child. So, you know, this is something terrible. What I'm looking at here is representation. A representation is not it. We are being totally disrespected in the area where we had to build ourselves and be in a position to be where we are. I live at 146 Northwest 67th Street, and they calling it "Little Haiti." I don't like that. They have affairs. They never contact any of Americans in that area to say, "We having this, we having that." They have went in one position; nothing but hated. They have put their statues in there, representing Little Haiti, and I don't think that is right, especially when they used to live in (UNINTELLIGIBLE) -- I'm sorry -- in the hotel. I the only one went to the Haitians at the beginning when they was brought off the boat in 1970. Bruno, he's the one led this boat in here. Those set was a little more respectful to us. The -- I see since the '80s. Chair Hardemon: Ma'am.
Ms. Hill: We are totally, totally disrespected, and we are not going to go and take the abuse; radios and everything up loud.
Chair Hardemon: Ma'am --
Ms. Hill: Putting trash all over our yard.
Chair Hardemon: -- your time has expired.
Ms. Hill: Thank you, sir.
Chair Hardemon: Thank you very much. I appreciate it.
Ms. Hill: Yes. We want to change and let it stay as is. Thank you.
Chair Hardemon: Thank you, ma'am. Mr. Pumo, would you -- your keys -- yeah. I know you have a powerful speech; I read it before, so I know you have something coming. You're recognized, sir.
Rene Maurice: How's it going? Rene Maurice, 180 Northwest 60th Street, Miami, Florida 33127, long-time resident of Little Haiti; born and raised there. And I'm coming here representing Florida International University. And as you all know, Florida International University is the epicenter of culture diversity and recognizes the fight of Little Haiti and supports establishing of its boundaries. And to be honest, my title doesn't mean anything to a politician, but I have cultivated major and many events on the university campus to bring awareness to what's going on here in Little Haiti. And I have a major influence, and I represent the voice at 55,000 university students and potential voters that understand the meaning of "cultural recognition" and "cultural diversity and "culture sensitivity." I'm not trying to be long. I'm just trying to -- and I'm going to keep this brief, Commissioners. I've learned something through effective activism, and I understand something: that the supporters of the status quo will continue to fight. Just know that the students and faculty of the University will continue to fight with Little Haiti, and I continue to support them as their Mr. FIU (Florida International University). Thank you.
Chair Hardemon: Thank you very much, sir. You're recognized, sir.
Moise Duge: Moise Duge, residence [sic] of Little Haiti, 34 Northwest 70th Street; business/property owner, 310 Northwest 71th Street, Little Haiti. And today I just want to mention two things, two things actually. First thing, I understand why we all here, and I thank you guys for bringing this long, overdue resolution to the table, and there's a cultural preservation aspect of it, and then there's the economic aspect that we cannot ignore in this room. Some of us are here for the cultural preservation and others are here for the economic
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side of thing, but as a Haitian, I remember when I came here at the age of 11; and when I got off the plane, my mom and dad told me that they were bringing me to Little Haiti. So at the time, "Okay, so we have something that we can actually call home in the United States." So ever since then, Little Haiti to me has been my home. It's in me. This is where I came -- to me, this is where I came from. This is who I am. And in a sense, this is all we have as a people in this country, so we have to preserve that, no matter what. I'm a property owner. I understand the economic side of it, too. I purchase a building in 2010 -- 2013, to be exact. Now, this property has gone up by 200 percent; property value has gone up to that extent, so I understand the economic side of it too, but we have to find a way to preserve our culture in a sense, because it's moving up. It's started off on 36th Street, and little by little, it's just being chopped down. If we don't preserve the name, the next thing is taking over 54th Street, and then we moving on to 62nd, and then we moving on; and before you realize it, there's no more Little Haiti. It's just that simple to me. So I understand the economic side of it too; but to me, what matters here in this room is preserving our culture, our people's culture, our identity as a people in this great country. So I thank for bringing forth the resolution, and I do hope that you guys find it within yourself to pass this resolution today, because this is all we have as a people. This is all we have.
Chair Hardemon: Thank you very much.
Mr. Duge: So we have to preserve this Little Haiti.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Sarah Moody: Hello.
Chair Hardemon: Hello.
Ms. Moody: My name is Sarah Moody of 7129 North Miami Avenue, just directly across from the first Haitian church in this neighborhood. I'm in support of Little Haiti and have been for many years, as I work, and I do community work in this neighborhood, and I am constantly lifted by the culture of this neighborhood, and I see it in all people that are working here. As you see, it has brought large amount of people together today. I'm in support of present -- the present of Miami. I don't think that this resolution will erase the history, as what makes this neighborhood so interesting is the intersection of much culture and much history that will not go away. Lemon City will not go away. Little River will not go away. But right now it is time to validate the people and the culture and the energy, and the life that Little Haiti is bringing to this culture. Thank you.
Chair Hardemon: Thank you. You're recognized, ma'am.
Jeannifer Bonnet: Good morning, Mr. Chair. My name is Jeannifer Bonnet; address is 037 Northeast 2nd Avenue. I am the executive director of Our Little Ones Learning Center. We have been providing services -- childcare services in Little Haiti for over 23 years, and it is in this mecca that our children, their parents congregate; that's where we educate young minds; that's where we nurture. And as those before me have stated, we are not trying to push anyone away. We want to be recognized for what we do. Every year we hold our graduation event at the Little Haiti Cultural Art Center, and thank you for allowing us to do that. And we just want to say that we want the boundaries to remain as they are. We don't want the boundaries to get shorter and shorter, smaller and smaller so that we are erased. And the people have shared with us our food, our culture, our music. We are a very welcoming group of people, and we would like to continue this in Miami. Thank you.
Chair Hardemon: Thank you very much. You're recognized, sir.
Jean Souffrant: Jean Souffrant, 110 Northeast 62nd Street. I represent Notre Dame d'Haiti, a
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community of more than 5,000 Haitian Americans who frequent there every Sunday. And today, I just want to show gratitude to you all, because I don't know if you remember; a few years ago, we, from the community of Notre Dame Little Haiti, stood here asking you to support us in our venture to build the new church that is now located on 2nd Avenue and Northeast 62nd Street, a monument that symbolize what Haitian Americans have done in this community; where we've come from, from the '80s, when we had to fly from Haiti to come here or come here by boat; what we have accomplished since then; what that means to the young people that are growing up in this community. Many people have said several things that makes a lot of sense, but one that caught my attention is what the developers are working on; what it is that they're planning. We wouldn't have a church today if we didn't fight for what we believe was right. We wouldn't be standing on 62nd Northeast 2nd Avenue with a church if we let the developers win; and today, we cannot let the developers win. Little Haiti has to be represented. My children have to feel a sense of their culture as they grow up. Where can you go to find Griot? Where can you go to find the Haitian taste that makes this city what it is? Yesterday I heard you speak, Chairman Hardemon, when you -- when we were inaugurating the locker room at the soccer park. You said to the kids, "When you go somewhere, you want to make sure that you feel the pride within; what it means to feel that you are represented no matter where you go, because where you grew up, you didn't have something of quality.” What we're feeling today, all of us who are waving our flags, who made the journey here, we want to feel that pride, the pride that we brought with us when we came on the boat, the pride that we still have and want to keep and hold on to, because we've worked for it. We don't want to take anything away from anyone. We just want to make sure that when we go somewhere, we can look within and feel like we're still part of who we are. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Patricia Pierre: My name is Patricia Pierre, represent UNITE HERE Local 355. We are here for thousands of workers who live in Little Haiti. Today, guys, if Jean Juste was here, he will be so proud of you guys. That's mean his fight is not in vain. We still live his legacy right now. So for all the workers who's watching, the people who's talking about the business, who's on the business when you guys finish to create those business? I don't see none of us in the business. None of those Haitian people in the business. None of those workers who's been working so hard, fought so hard, and now who's skipping and cook and dish washer for them to own those houses they have right now, they finish to pay for them right now. You guys want to push them away for them to start having a new mortgage right now for them to lose it. That's why we are here, for our workers. Guys, I'm very humbled today for you to listen to that (UNINTELLIGIBLE) who's been here for 16 years. Everybody, we're not here to push nobody. We here to embrace everybody. What we want to keep, we want to keep our history; everybody else have theirs. The Cuban have Little Havana. The African American have Little -- Overtown. Why can't we have us? We fought so hard. Since we came here, we -- our life is a fight. We fight and fight. Today, I will appreciate if you guys consider it, to keep the Little Haiti name. Thank you.
Chair Hardemon: Thank you, ma'am.
Robert Meyer: My name is Robert Meyer, 3132 Center Street, Miami, Florida. I speak as the great, great grandson of one of the pioneers of Lemon City. He was the man who came here in the 1800s, who gave the land that Notre Dame sits on to the church, who gave the City and the community Miami Edison High School and Middle School. I'm also speaking as the father of two children who are ninth-generation Floridians and fifth -- sixth-generation Miamians. You have people from Lemon City here today, from Buena Vista; they have history of the 1870s. They have their names. They have their designations. You have -- and I've given you all photographs from Lemon City from the 1870s. That's the first train station down here. The horses you can see in there are because it's from the 1870s. The first public library in Dade County -- in fact, in South Dade -- in South Florida was in this location. The first school, the first school for "colored
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folks," as they said back then, was in that little community: Lemon City School. That's the second photograph. That's in the 1890s. In the 1910s, the next photograph is Miami Edison. We -- my family gave the land and built that school for the community. Then you see a photograph of the tourist park and what it was like in the 1930s. You can see how the trucks and the cars have changed. Then you see the doctor's office; it's still there. It's the oldest concrete building north of the river. My great grandfather built that. My grandfather was born there. I speak in favor of designation, but I have to make one very careful caution to you. It's not designation that's being asked for. You're hearing a demand, a cry for recognition, not designation. Recognize the power of Little Haiti, the community of the Creoles who came here, what they've added, but don't designate it as Little Haiti. "Designation" means, "We tell you what it is." Recognize it. It doesn't need designation; it needs recognition. Designation has already happened of historic Lemon City, our building, the cemetery, the people who have talked to you about the public library. That's been designated by the people who can do designations, the Historic Board, the State of Florida. Recognize that's what we need to do. And frankly, I'm a little concerned by the zone in the area that's picked, because I don't think that's -- that area, while it might be that big to some people, to other people they're offended by that. I didn't hear about this hearing until yesterday afternoon. I was up in Atlanta. I flew down here because this is important. Don't create a problem. Don't create a burden for what needs to happen. Recognize it --
Chair Hardemon: Thank you very much.
Mr. Meyer: -- but do it with the proper process.
Chair Hardemon: Thank you very much, sir. Your time has expired. You're recognized, sir.
Jean Robert Lafortune: Hello and good afternoon, Mr. Chairman and members of the Commission. My name is Jean Robert Lafortune. I am the president of the Haitian-American Grassroots Coalition in Miami. It is often said that America is a country of emigrants. In 1776, all people from Haiti, their ancestors, they went in Savannah to help the revolutionaries to win the war. In 1977, Haitians start to become here, and we want to take this opportunity to say "thanks" to those African-American community who went out and advocates for the people to stay in here. We don't forget that. As old people bled for America, we also have old people bled also for Little Haiti. In my mind, there's the name of Gabrielle Dustien (phonetic), who lost his life tragically in the Sunday afternoon in Little Haiti. We also have (UNINTELLIGIBLE), who also lost his life in Little Haiti. And we have many more. The Haitian leadership has considered part of the struggle by agreeing to move the boundary. It's not that we like it. The real boundary of Little Haiti started years ago in 19 -- in 36th Street. Just chopping half of it, this is not justice. This is not justice. And if the leadership agree to move it on -- to move on, this is the way to save what is left to be saved.
Chair Hardemon: Thank you very much, sir.
Mr. Lafortune: Thank you.
Chair Hardemon: Gentleman, you're recognized.
Jean Claude Exalien: Yeah. My name is Jean Claude Exalien. I'm the president of -- for Haitian Leagues for Human Rights. And I'm a history teacher, living in this community for 39 years in Little Haiti. My name [sic] is 220 Northeast 48th Street, and a fighter, too, for Haitian refugee -- for example, Father Jean Juste was my student in Haiti. It's good to know your history. It's not a fight between Afro-American and Haitian. If you know your history, Haitians and Afro-Americans, we are together all the time, all the time. For example, in 19 -- I'm sorry. As a history teacher -- the history teacher talks very long, but I'm very -- I'm going to be very (UNINTELLIGIBLE) or very shocked, okay? In 1915, for example, when Haiti was occupied by United States for 19 years, we received the help of NAACP (National Association for the
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Advancement of Colored People). The members of NAACP and us, we were together. It's a shock for me in October 2013; October 30, 2013 -- I like to be clear when I'm done -- an article from an Afro-American teacher at university -- he's retired. I don't want to mention his name.
Chair Hardemon: Sir, you're going to --
Mr. Exalien: He said --
Chair Hardemon: -- have to come to a conclusion with this statement, okay, please?
Mr. Exalien: Okay.
Chair Hardemon: Thank you.
Mr. Exalien: He said Afro-American were there first. So as a resident of Little Haiti -- and I know a lot of Afro-American; we are friends. For example, Bill Perry, he was a friend of us. Bill Perry that was (UNINTELLIGIBLE) was -- Bill Perry, Jessie Jackson. I know a lot, but I'm not want to mention, because we don't have enough time.
Chair Hardemon: Thank you, sir.
Mr. Exalien: So I think it would be justice to recognize this great name. A lot of people, they don't know what Haiti made in our history.
Chair Hardemon: Thank you very much, sir.
Mr. Exalien: I'm sorry. So thank you very much.
Chair Hardemon: Thank you very much. You're recognized, sir.
David Brown: Good afternoon, everyone. My name is David Brown, and I'm the Urban Tour Host and the author of the first book about Little Haiti, the story of Little Haiti featuring its pioneers. This book features the people that built the community from 1965 to 1979. I have -- as a specialist in cultural tourism, I have also toured over 35,000 persons through Little Haiti and other neighborhoods of Miami over the last 16 years. This has resulted in cross-culture awareness, education, and economic development through tourism. Little Haiti is the largest neighborhood enclave of primarily Haitians, and depicts the authentic representation of Haitian culture more than any place in the entire world, with the exception of Haiti itself. It has been my experience that Little Haiti is a gift and a treasure to Miami, as well as to the world. It is for these reasons that I'm very supportive of the resolution to designate the area with the name, "Little Haiti."
Chair Hardemon: You're recognized, sir.
Daniel Fils-Aime: Good afternoon. My name is Daniel Fils-Aime. I'm the chairman of the Haitian-American Historical Society. On behalf of the Society -- and also, I'd like to say "thanks" to Commissioner Hardemon for taking this challenge. I applaud your guts to have us here today, and I would like all the support of the -- all the Commissioners to have this designation passed today. I understand -- I heard people talking about 1910, but if you go back, we Haitian were here in 1779. Our ancestors shed their blood for this country; not Miami, but for this country to be what it is today. We have a testimony in Savanah, Georgia. That's where we fought in Savanah, Georgia, for this country. I think what we are asking -- we're not telling people what to do, but what we're asking, we have to be recognized. The Greater Miami Convention Bureau designate the Little Haiti as a tourist designation, and we're part of the economy of this country; not Little Haiti only, but the whole country. We got our presence here. Please, I'd like you to
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vote with Commissioner Hardemon; vote it positively so we can get Little Haiti recognition. Thank you.
Chair Hardemon: Thank you. You're recognized, ma'am.
Myra Hill: Good afternoon, everyone. My name is Myra Hill. I live at 146 Northwest 67th Street. I was born in Miami, Florida, in 1954. My Birth Certificate says, "Colored." Over the years, we became "black," then we became "African American." I graduated from Miami Edison Senior High school. What I would like to say is that we should -- even though we should recognize the Haitian culture, African Americans have lost their identity. It's been watered down. I have been asked why I don't speak Haitian. I'm sorry; my nerves are getting the better of me. I've been asked why I don't speak Haitian. They come to me and start speaking Haitian; everything but English. This is the United States of America. Sorry for shaking, so -- I had coffee. Anyway, what I would like to say is please, help us preserve our culture. I understand cultural diversity. I understand that the world is changing. I watch the political process every day, but African Americans have been watered down and have lost our culture. We paid our taxes. We educated our children. We contributed to society. So for someone to come in and just disregard us, we don't matter, we don't exist. “Our mission is the only thing that exist” is not right. I would ask that you leave it to -- leave the names to Little -- Lemon City Edison Center. Thank you.
Chair Hardemon: Thank you, ma'am. You're recognized, sir.
Eduard St. Juste: Good morning, everyone. My name is Dr. Eduard St. Juste. I'm a processor of education in Florida International University. I'm starting with a story. My sister once had a plastic doll, and she fed the doll with real food; and for some reason, two days after, the doll started stinking. And she goes to the next door and give it to the girl next door. It just so happen that she poked the doll in pieces, clean it, and put it together. And she came back to my sister and says, "You see how nice it is." And she said, "I want my doll back." So I realize this what's happening. Little Haiti has been very large, talking about the -- from 36th Street, it became Design District Street, and then they took part of it again; become Wynwood. It just so happen that it's a little funny. But I remember and I'm sure, before Lemon City, there were the Indians, and there will be no change without any conflict. However, I remember Mr. Viter Juste was considered the father of Little Haiti. Told me once that when the Haitian came, they were pushed down there in that area, because it was considered to be a dump, but it seems that after most effort to bring Little Haiti where it is now and the way it will becomes, everybody has their eyes on it, and I'm wondering, why can't we put this together and keep Little Haiti as Little Haiti? Because this is what it's been designated to be. Thank you.
Chair Hardemon: You're recognized, sir.
St. James Valsaint: Okay. Hello. My name is St. James Valsaint. First and foremost, I'd like to say, "Look at my beautiful people here. Look at what happens when we come together." Little Haiti, my people, that I was born and raised from. I was born in Little Haiti. I grew up on Northeast 2nd Avenue and about 54th, 55th. I went to Notre Dame d'Haiti School every Saturday for school; every Sunday for church; got my first holy communion at Notre Dame Haiti church. I remember my stepfather having a barbershop right there on 79th, right in that little plaza. It was such a bustling neighborhood, and that's what these developers see now. They see money. They see "ching-ching," you know, and that's what Haitians are used to; being pushed to the side and still having to fight for every little bit that we have, and we're not going to stop. And I'd like to commend every single one of you Commissioners for bringing this resolution to the table, because if you look at places like New Orleans, what makes it so special? They didn't just simply designate the Creole culture; they embraced it. They incorporate it to everything in their being, and that's what would happen to Miami. Miami is a world-class city. People know of this city all around the world. Incorporate Creole culture, like embrace it, and see what happens to
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this city. Our people are resilient. Our people are beautiful. You can't get this kind of food, this kind of culture, this kind of music anywhere else. Little Haiti is a part of Miami; it always has been. Let's make it official. Thank you, Commissioners, for all that you're doing.
Note for the Record: James ValSaint translated comments from English to Creole.
Gena Veillard: Good afternoon. My name is Gene [sic]. I'm here -- when I left the north and I moved down to Miami, my uncle, Viter Juste, father of Little Haiti, as we heard, is the one that educated me on my culture. If education is important in this country, we must keep Little Haiti alive and help those that do not know the music, the food, and the culture. We can educate them. Thank you.
Chair Hardemon: You're recognized, sir.
Jack Leiberman: My name is Jack Leiberman. I was a founder of the Haitian Refugee Center here in 1978; and was in the previous Haitian Refugee Center before that, where they tried to Father Jean Juste for insisting that Haitians were refugees and not a charity case; that they had political grievances that need to be addressed, which the government refused to address and refused to recognize. That's why it's rather sad to be here now, 40 years later, and have the Haitian community have to fight for its existence, to be recognized, because it's been a fight all along the way. I am also -- when I was 15 years old, marched with Father Gibson -- Reverend Gibson in downtown Miami. I was a member of the Southern Christian Leadership Conference in Overtown; went to Resurrection City and was arrested just down the street here in 1968, when George Wallace held a rally. I was framed up by the police here and had the charges thrown out in court. I was arrested fighting for civil rights for African Americans and fighting for the rights of Haitians as well. And it is a tragedy. I want to appeal to you to do the right thing. The Haitian community should not have to fight for recognition here; they've won it, they're here, and it's about time that the government stood on the right side instead of the wrong side. It's really sad to see the African-American community here pitted against the Haitian community. I was with your uncle on the frontlines when Nelson Mandela was here and when the McDuffie rebellion occurred in 1980, and I could tell you that Haitians -- Haitian activists were in the leadership of the fight against police brutality, fighting for the rights of African Americans and African-American activists -- and Reverend Jessie Jackson came down here -- were also involved in fighting for Haitian rights and the leadership for that. We need to see that kind of unity here, because the same forces that destroyed Overtown want to destroy Little Haiti. It's the same struggle, the same fight, and we cannot allow racism and ethnic divisions to do away with our civil rights, with our human rights.
Chair Hardemon: Thank you very much.
Mr. Leiberman: So do the right thing, please.
Chair Hardemon: Thank you, sir.
Ovida Alva: (Comments in Creole not translated).
Chair Hardemon: Do you want to speak in Creole?
Mr. Alva: Creole, yes.
Chair Hardemon: Okay. May we have a translator to English, please?
Mr. Alva (as translated by Fritzner Dorvilier, official Creole interpreter): Ovida Alva, (UNINTELLIGIBLE) Second Court.
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Chair Hardemon: No, no, no. No. I need you to translate to English.
Mr. Dorvilier: His name is Ovida Alva and lives -- 54th Street.
Chair Hardemon: I'm like, I know "cat" is a number, right?
Mr. Alva (as translated by Fritzner Dorvilier, official Creole interpreter): He's Haitian. He's a black person. Okay, (UNINTELLIGIBLE), he say, all (UNINTELLIGIBLE), all people come -- is in this country is all-- live (UNINTELLIGIBLE).
Chair Hardemon: Uh-oh. Wait.
Mr. Alva: Okay, he say all -- everybody say that it's black and slave is wide open; that don't determine what race they are. All black, they're responsible. Todays [sic], there's no difference in the politics.
Chair Hardemon: This is our official interpreter? Is this our official interpreter?
Fritzner Dorvilier (official Creole interpreter): Yes.
Chair Hardemon: So the issue is this: For an official record, it needs to be reflected what he says, but I think there's an issue -- do you speak Creole or do you speak French?
Mr. Dorvilier: I speak -- yeah.
Chair Hardemon: You speak Creole or French?
Mr. Dorvilier: Creole, yes.
Chair Hardemon: Creole?
Mr. Dorvilier: Yes.
Chair Hardemon: So what I'm seeing is that there's some people that may disagree with your interpretation --
Mr. Dorvilier: Okay.
Chair Hardemon: -- of what he's saying, so --
Unidentified Speaker: He's doing fine.
Chair Hardemon: You say he's doing fine? Take -- I know, but listen -- so this is what I'm going to do: We're going to allow him to do it. I understand your frustration, but we're going to allow him to do it, and we have to hear it, because it needs to be the official interpretation from the City of Miami.
Mr. Dorvilier: Right.
Chair Hardemon: Okay? Take your -- go ahead.
Mr. Alva (as translated by Fritzner Dorvilier, official Creole interpreter): He's Haitian. He's (UNINTELLIGIBLE) was big. (UNINTELLIGIBLE) -- come on. He's -- what do you say? Endorse all the black people.
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Chair Hardemon: Everyone quiet. Everyone quiet. Listen, as -- I mean -- everyone, let me have silence. When the court reporter can't capture -- or when the Clerk can't capture what it is that's being said, over all the years of the minutes I've read, it always reads "unintelligible," and so we're going to have "unintelligible many times" on this if we continue to have him translate. So what I prefer, as Chairman, if you will, is to allow someone who thinks they can better express themselves to what he's saying -- that's fine, Marleine; just for this part. At least the record will reflect what was being said, and it's not a matter of a court case, so I think we'll make do, okay?
Ms. Bastien: Is that okay?
Mr. Dorvilier: Yeah.
Chair Hardemon: Yes.
Ms. Bastien: Sorry about --
Chair Hardemon: Can you recap or start over, if you will?
Mr. Alva (as translated by Marleine Bastien): My name is Ovida Alva. I'm Haitian, and I'm proud to be Haitian. When we fought for our independence, all the slaves, all the black slaves, when they came to Haiti, they became free. We didn't leave them behind. We wanted to -- them to live free as black people. As black people, we respected a white man a lot. His name was John Brown. We are proud to honor him. Even now, we have a street called "Avenue John Brown." We're not -- you're not making us any favor here. You're not doing us any favor here. We deserve what we're asking for. I don't want politicians to come and divide black folks. We've been divided so much for nothing. We've been used. We've used black people for nothing. And then we are pitting blacks against blacks. Now, it has to stop. Okay, stop. If we want to do politics, let's do a different kind of politics. If we want to have another revolution, let's have it. Vote it, because it's the right thing to do. Thank you so very much.
Chair Hardemon: Thank you very much. I appreciate it. It's okay, sir; we still love you. No clapping. We still love you. And I'm speaking to the interpreter. I was having a hard time following him, too. You're recognized, ma'am.
Shirley Sajousse Barbe: Thank you. Good afternoon. My name is Shirley Sajousse Barbe, and I am a social worker/care coordinator for Gang Alternative, Inc., which is a part of Little Haiti. I am a product of Little Haiti. My parents came here on a boat, and I'm proud to say that. Whenever I walk the streets of Little Haiti on 54th Street and I see the sign that says, "Little Haiti" hanging above, I feel proud, because I know we have a culture that's rich. I know my culture. We can go back to years to where we've done so much within the United States. We can go back to the Louisiana Purchase. We can go back to World War II. We can go back to Savannah, but all of that matters, and we want it to matter here in Florida as well, because we're not recognized here like all of the states; Chicago, one of the founders of the city, Haitian. We're proud of our culture, and I ask you all to please push forward and keep Little Haiti; because Little Haiti, whether you know it or not, it's in us; it's in our blood. We breathe, we live, we wake up, we speak; everything about us is here, and it's not going anywhere. Whether you decide to keep it, not keep it, we still will be here, but please, please push for the resolution to keep Little Haiti as its name. Thank you.
Chair Hardemon: Thank you very much, ma'am. You're recognized, sir
Jonathan Alexis: Hello, everyone. My name is Jonathan Alexis. I'm a graduate from Coral Reef Senior High School of Business, FIU School of Business, and I'm a small business owner, but most importantly, I'm from Haitian decent. My family has strong ties in the Haitian community. My father, Stanley Alexis, and my uncle, Albert Alexis, started the Roots & Culture Festival back
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in the mid-90s. It was a big festival that we had on North Miami Ave. It was basically to bring the community together between the Haitian, African-American, and Bahamian community. My family carries a Proclamation Day plaque from the -- due to the Roots & Culture Festival. The Haitian community runs deep throughout Miami. Haitians are hard-working individuals, and I, myself, are in the labor force. I need you to ask yourself this question: When you go to the government buildings and you're looking for signs and directions, there's three languages on those buildings. It's English, Spanish, and Creole. We must preserve the Haitian culture. I would like to thank Madam Bastien, the Juste family, Chef Ken Wilkerson, Grimo (phonetic), the late Arthur Teele, my father, and my -- the late -- my Uncle Albert for all the real work you put into the Haitian community. I've never been more proud to be Haitian. We're a resilient culture, just as like my Cuban brothers. As for the developers, Arva Jain, Tony Cho, and Mr. (UNINTELLIGIBLE), I appreciate what you have done for the area, but there must be a way to work things out in the communities where we can incorporate Little Haiti and Lemon City. I have faith in the Commissioning board, and I really -- I appreciate for you guys allowing me to speak. Thank you very much.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Alana Greer: Thank you. My name's Alana Greer. I was born and raised here in Miami, and I have the privilege of working in Little Haiti with Haitian-American leaders and residents. I was raised Cuban American, and I'm incredibly proud of that, and a big part of that is the ability to see my culture reflected positively back at me; not only in Little Havana, which has been recognized, both the boundaries and its existence over half a dozen times by this body, but by the actions of your -- this body. And when I hear the comments by developers and the media and here today, and the way that this community is being spoken to, I can't help but be outraged. If this conversation was about Little Havana, I know that not only wouldn't tolerated; I don't think it would be voiced in the first place, and that distinction is unacceptable. I really hope today that the Commissioners, especially those of you who have emigrant parents, recognize the contribution of our Haitian brothers and sisters to this City, the value it brings not only economically, but culturally; and, really, the people value, most importantly, that it brings. You're not being asked today to create Little Haiti; you're being asked to acknowledge something that has been here since I was born, will be here in the future, but is under attack. And they need your support because they are a part of making this city great, a city that I was proud to move back to, and it's a city that I hope everyone here will be a part of, if you do your part as Commissioners. Thank you.
Chair Hardemon: You're recognized, sir.
Christian Guerrier: Good afternoon, Mr. -- Commissioner Ken Russell; good to see you; and Mr. Keon as well, Commissioner Keon. At first I didn't want to speak, because I felt, personally, that usually, in this world that we live in, big money trumps over culture, over identity; but my friend Ovida, the gentleman who spoke in Creole, he say that "You have to speak, because you are an emerging leader in Miami." I run a nonprofit organization that actually work in partnership with the City to make Miami a safer place for women and girls.
Chair Hardemon: And what's your name, sir?
Mr. Guerrier: My name is Christian Guerrier.
Chair Hardemon: Thank you.
Mr. Guerrier: And personally, I'm a product of Haiti in Little Haiti. Without Little Haiti, I don't think I would be the person that I am today. Without Haiti either, I wouldn't be the person -- the man that I become today. When I first moved to Miami as a teenager, the first woman, actually, who was in Little Haiti, who, in a way, bring me in was -- is Marlene. She's standing here today
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defending Little Haiti. She inspire me in a way that is very unique, like most Haitian women; educate me about the history. And today -- my office used to be in Little Haiti -- when the City hear the work that I'm doing, the City now give me an office a few minutes away from here to, again, contribute in a unique way to make Miami a better place. So today, I'm hope that -- if anything, I'll say Miami is the place to be, and Haitians are not going anywhere. I think it's smart, it's best in the interest of the City to recognize officially, because the best days of the City is ahead of it, and young Haitian leaders will contribute and make sure that not only to make Miami a leader in the new world -- I mean, a leader in the Twenty-First Century, but it's a model for the rest of the country. Thank you very much.
Chair Hardemon: You're recognized, ma'am.
Alma Brown: Good afternoon. My name is Alma Brown, and I reside at 501 Northwest 51st Street, and I would like -- first thing out of my mouth, I would like to say, this is not a black and Haitian thing. We're not here to pit one against the other. I think -- I would like to congratulate every Haitian friend that I have, neighbor that I have, because I enjoy your rich culture, as well; and I know you're here to stay, because you've made your mark here. My point is this: I think recognition -- and as a former librarian and a preserver of history, I strongly believe in preserving history. We're not here to bring up one and take another one down. Lemon City, I worked at that library. That is the oldest library in the -- in Miami-Dade Public Library System, and it has a strong history there. I think that we all need to be recognized, especially African Americans. And to my Haitian friends, you don't know what fighting for your equal rights are about. African Americans have been fighting all of our lives for what we have. You are standing on the shoulders of African Americans. And I would like --
Chair Hardemon: Shhh.
Ms. Brown: -- I hope that we can come here and reach a happy medium. I'm asking, Chairman Hardemon, to please defer this, and let's look at the boundaries again, because I still want Buena Vista West to be called Buena Vista West. And maybe we can all reach a happy medium here, rather than, as you said -- and I don't see it -- pitting one against the other, because we need to reach a happy medium with this, because we live side by side. And there's enough room for all of us to exist, but let's not be greedy about it, because everybody feels very strongly about their area, their history, and where they come from, because if you don't know your history, all of us will be perish. So take in consideration, please, all of the historical areas surrounding the Little Haiti area and defer this resolution today and redraw the boundaries. Thank you.
Chair Hardemon: Thank you so very much, Ms. Brown. You're recognized, sir.
Mecca Marcelin: Greetings. My name is Mecca Marcelin. And with all due respect, if we talking about history, Nat Turner, Harriette Tubman heard about what was going on in Haiti and followed suit with a revolution of their own. So history shows us that Haiti, the first independent black nation of the world, set an example for other nations to fight for their liberation successfully. I am a product of Little Haiti. I am a teacher. I am a father, husband of four; my Haitian wife is with me today to let you know that in order for us to teach our children anything about identity, they have to be connected strongly with our culture. They have not been to Haiti, and so the closest thing is Little Haiti, where our culture thrives, where I can bring them to Little Haiti and I can give them a taste of the food, and I can connect them with culture. Depriving them of that is depriving them of a future, a bright future. Coming from New York, I share the sentiments of a gentleman that came from Haiti; I was ridiculed. And my parents moved down here, because they heard that Miami, such a beautiful city, was diverse; there was a place called "Little Haiti," where we belonged; came here, and I became that product. I became a teacher and took pride at the first school that I taught at in 2005 at Toussaint Louverture, teaching those young Haitian kids about their culture and giving them self-esteem; otherwise, they would fall off to the waste side. Here, we're not talking about recognition. We've already been recognized.
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Everybody already around the world knows about Little Haiti. They come down, they want to go to the restaurants, they want to shop. They -- we've already been recognized. It's the designation. It's the designation that we are here for, and I'm fighting for 54th Street to 79 Street, those people. If you disrupt that, you are disrupting their cultural ecosystem' a cultural ecosystem, taking people out of their environment. And what happens when you take something out of their environment? They die. You want us to die? And that is only a question. Thank you.
Leonie Hermantin: Good afternoon. My name is Leonie Hermantin, and I've work in the Haitian community for the past 20 years. And, yes, we do stand on the shoulders of African Americans. Many doors have been opened for us because of the civil rights battle, but I also want our African-American brothers and sisters to understand that we're not called the "first black republic" because we woke up one day and decided that we wanted to be free. Our freedom was one that cost us a lot, but it was still an incredible epic battle that should be taught in every history book here. So, yes, yes, we owe our African-American brothers and sisters a lot, and absolutely lot, even when we settled in this community. But what I would like to say is that when we came into this community, it was a community in disrepair, it was a community that was grossly neglected by the City itself. And we took that neglected community, we turned it around, we made it a destination. We made it this spot, this launch pad for our kids; this launch pad for those of us who worked really hard to make it something, in spite of the gross under-investment by the City and by the other -- the County and all the other govern -- State forces. So, yes, I am here to speak for the designation. I thank you, Commissioner Hardemon, for making this really tough decision, because I know that it wasn't easy for you. But understand that it is a spot that -- as for those who love history, it is part of our -- it is part of Miami history. It is. And it should be recognized that a group of people, stumbling out of boats, not knowing how to read or write, not even understand -- not -- first exposure for some to running water, electricity -- took this space and transformed it into what it is. It is history, and it ought to be recognized, without evincing, without putting anyone aside, but it should be recognized officially, because we are a part of this mosaic, the mosaic of this great city. Thank you.
Chair Hardemon: Thank you very much. How you doing, ma'am?
Susan Kavie Braun: Good afternoon, Chairman, Commissioners. My name is Susan Braun. I live at 45 Northwest 44th Street, in the neighborhood of Little Haiti. I'm active in the Buena Vista Neighborhood Association. I taught at Miami Edison, and I am the director of a movie called "American Zoe." And I am here in support of the designation and to say "thank you" to my Haitian-American neighbors who have given me so much over the past 15 years when I've been their neighbor. Thank you for the culture, for the visual art of Serge Toussaint, for the performance of Mecca Marcelin, for the music of Inez (UNINTELLIGIBLE), and all the other wonderful cultural contributors to our City. And I think the best way to say "thank you" to the Haitian-American community, who has given us so much, is this designation. Thank you very much for your time.
Chair Hardemon: Thank you. You're recognized, sir.
Zico Fremont: Zico Fremont, Buena Vista. I'm for Little Haiti. Thank you from (UNINTELLIGIBLE). Thank you everyone for being here. Every day is a blessed day. Thank you. I went to school in Morningside Elementary. I went to Horace Mann Middle. I went to Miami Edison, okay. At the time, they used to call us "Baby Devils." They change it to "Raiders," okay? I never had any learning about Haiti until a wise man showed me who's Haiti, what is Haiti, how is Haiti, where is Haiti. Haiti had a general that was helping Spanish to take Florida. That general is in Jacksonville, Florida, right now. I think there's a monument for him, okay? I have so much education about Haiti to the point I can't hold this mike down, so I have to give it to the rest of the people that need to talk. But furthermore, yes, I went Lemon City Library. This is where I did my studies, but I never had any knowledge about Lemon City until now, until this
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issue came upon us, okay? And as citizens of America, we must use our education to actually come together and compromise, and pretty much find a resolution for this issue, because this issue is going to draw more impact to our community negatively, positively. I'm more for the "positively." So please, let's come together and let's unite, like our flag said (Comments in Creole not translated), and pretty much make America what it's built on: immigration. Thank you.
Chair Hardemon: Thank you, sir. Ma'am, you're recognized.
Clairnise Blanc (as translated by Marleine Bastien): Good afternoon.
Chair Hardemon: Let's get a -- we're going to try -- should we -- listen --
Mr. Dorvilier: Yeah. Good afternoon.
Chair Hardemon: I --
Ms. Blanc (as translated by Fritzner Dorvilier, official Creole interpreter): Her name is Clairnise Blanc. She came to Florida or Miami, February 1989. Since she came here, she only one place: Little Haiti. She doesn't know Orlando. I don't know Fort Lauderdale. I don't know Hollywood. Only Little Haiti. That's where all family is. That's where all friends is. That's where she knows. Since she came here in 1985 -- oh, she live in 1985, Biscayne Boulevard. I bought a trailer. Oh, she bought the trailer. They kick her out of the trailer. Now they want us to go back to slave. She look like a slave, she said. She say, "All black people are like a slave. That's what they look like." She doesn't look like slave. She will -- they will never push us out to take what we have. What we have, we work hard for it. We pay taxes. We pay our bills. We do everything. We don't go outside stealing people stuff. All we do, that's what we have. That's what we do, because we know we have God to give us guidance, because we know there's no two gods; there's only one. She say, "There's only God. God is just looking above us" -- "on us. Because we don't see God; God only sees us. "
Chair Hardemon: Merci, merci.
Ms. Blanc: Say thank you. She say that Hardemon merit all he does.
Chairman Hardemon: Thank you.
Ms. Blanc: You welcome.
Chair Hardemon: I didn't understand. Can somebody interpret for the interpreter? What did she say, your last part?
Mr. Dorvilier: Oh, she say that Hardemon deserve everything.
Chair Hardemon: Thank you.
Unidentified Speaker: No.
Chair Hardemon: Tell me what she said. Tell me.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: Okay. Thank you. Linda Charles: Good afternoon, and thank you for taking this resolution to the floor today, and I believe it is long overdue. My name is Linda Charles. I'm the deputy director for Haitian American CDC (Community Development Corporation). I'm not representing them; I'm
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representing myself, by the way. We are one of the few, if not the only, nonprofit organization that does affordable housing in Little Haiti and throughout Miami-Dade, Miami, Miami Beach, and everything. So I have firsthand understand and see what have changed in Little Haiti over the past 10 years, and actually over the past 5 years, since I've been working with Little Haiti. So history is not -- is to be celebrated and preserved, but it's not static in any way, and demographics is even more transitional; otherwise, the Indian will be here asking us for the land. And speaking as an urban planner, (UNINTELLIGIBLE) understand urban flight, the flight that happen like in every community; there's urban flight, where the white people flight from Little Haiti, other people came, and we actually -- Little Haiti, the Haitians came 30 or 40 years ago. Understanding -- and to the Haitian, I'm speaking to you guys. You have to understand that now -- what's happening now is less about cultural preservation than about gentrification and transition. So people are not coming here -- they are not investing in Little Haiti just because they want to. We created the curb appeal, the sex appeal that exist in Little Haiti right now for people to come in. We are -- we were investors. The people who are buying up right now are buying from Haitians, so that means we are not bums that stayed here for 30 years that didn't create asset and resources. So when I said I'm talking about someone who has a bachelor's in economics and a master's degree in urban planning, we are not stupid; we know what's going on. So for those people -- so please work with us and make it Little Haiti. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Jefferson Noell: Thank you. My name is Jeff Noell, and I was born and raised in Miami, Florida. I'm a orator, a published writer, and a value creator. And as I'm sitting here and I'm listening to everyone speak, I think of the words of Dr. King on August 28, 1963, when he gave the "I Have a Dream" speech. But what I love most about the speech is when he said, "We refuse to believe that the bank of justice is bankrupt," and that's why hundreds and hundreds upon Haitians are here today; it's because we refuse to believe that the bank of justice is bankrupt. And as I go into high schools and colleges and I speak on leadership and education and financial literacy, I always provide underlining message that they have purpose, they have worth, and they have value. So I'm here to say today that the Haitian people have purpose, the Haitian people have worth, and the Haitian people have value. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, ma'am.
Naomi Blemur: Naomi Blemur, 12040 Northeast 16th Avenue, North Miami 33161. I salute the Chairman for bringing this resolution to the forefront. And secondly, I would like to remind everyone that is sitting here today that we are no longer just the "boat people." We are educators, we are philanthropists, we are accountants, we are doctors, we are attorneys. We are individuals that have something to bring to the table. We're not asking for a favor. What we are asking for is a recognition; an opportunity to utilize our gifts, our talents, our abilities, and our education to build an international hub where people from all around the world can see and come here and see the best that Haiti has to offer.
Jacques Saint-Louis: Good afternoon. My name is Pastor Jacques Saint-Louis; address, 181 Northeast 82nd Street. And now I have a second address: 8400 Northeast 2nd Avenue. I am a pastor of a church located in this second address. When I came to Miami 1985, a friend of me take me to Little Haiti to taste, you know, some good food, because I was in the west in Arizona. And I say, "Yes, I find my food back again." And I enjoy Little Haiti. We have the church at 6311 Northeast 2nd Avenue. In 2001, City of Miami purchased this church, you know, to have the park we have today, and my church is relocated at 8400 Northeast 2nd Avenue. But the fact that, you know, I'm not only a pastor, but I'm a community servant. I also serve with Little Haiti -- working with Little Haiti Housing Association to open door for families. It is not just Haitian, but people who want to live in Miami-Dade County, serving a lot of family, open doors for them and -- with the City of Miami, with the Dade County Housing Program; and I've been there for 23 years, serving the community. And this place -- from the time I came here, I was living at
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8301 Northeast 1st Avenue. This place been calling Little Haiti, about a little bit further south of 54th Street, and they take a lot of the area, and I see some beautiful buildings, where there's, you know, the district design; that's wonderful. But now it is not just, you know, we want to take the land. We not going to take any land, but just to know the designation, the area where we know is Little Haiti, where the Bahamian can come and live there, the Spanish can come and live there. Everyone is welcome to Little Haiti. It's not going to -- we think that we have to live there on our own, no. We want diversity. We want a lot of people to come, but just the designation. I'm -- I've been there -- I've been over -- in Little Haiti for like 31 years. I'm going to stay there. I'm going to be here. If God call me home, fine, but I plan to serve the community which I love so much.
Chair Hardemon: Thank you, sir.
Mr. Saint-Louis: Thank you very much.
Chair Hardemon: Thank you. You're recognized, ma'am.
Lorena Ramos: Good afternoon, Mr. Chairman, Commissioners. My name is Lorena Ramos. My address is 20 Northwest 45th Street. I think this is a really great opportunity for everyone up here at the dais to really look back and say to yourselves, "Okay. All this misinformation that's occurring as to whether it's Lemon City or Little Haiti. "Why not take this great opportunity and carve out that area both for Lemon City and for Little Haiti?" And it -- I still -- I keep on asking, what are the boundaries for Lemon City? No one can tell me. What are the boundaries for Little Haiti? No one can tell me. Well, how about today taking this great opportunity and not forget the past of Lemon City and definitely take in that cultural heritage of the Haitian community. Let's do that today. And if you can't carve that out today, then let's do it another day. Thank you so much.
Fritz Bazin: I'm Fritz Bazin from the Episcopal Diocese of Southeast Florida, with our main ministry to Haitians in Little Haiti. Basically, as you know, Haiti is nowhere on the world map, and Little Haiti has become a (UNINTELLIGIBLE) also. Certain area known as Lemon City, Little Haiti, I have seen, since 1982, such great potential develop, especially in that area in the resolution that it would be the smart thing to do. Just like you have the French Quarter in New Orleans, something like that, making that Little Haiti area with all its potential for tourism would be a good venue, sir. To me, it's smart, because it is good for business. Therefore, I give my full support to the idea, to the request to make it official.
Chair Hardemon: Thank you, sir. Sir, you're recognized.
Mallory Kauderer: Hello. My name is Mallory Kauderer. I live at 3701 Chase Avenue in Miami Beach, and I have an office at 300 Northeast 71st Street in Little river. I am here as chairperson of the Little River Business District Board. My co-chair is sitting here, Mr. Pumo. And the Little River Business District Board and its members are -- while they're not opposed to Little Haiti, they are opposed to the configuration of this map. It encroaches upon the areas of Little River Business District to the south and to the northwest; and in effect, in many of my membership's eyes, illuminates the district to a large degree. We work very hard to make this a thriving district. In fact, Commissioner Hardemon's predecessor helped organize transportation dollars that we've shepherded and used carefully to improve the area and designate the area and brand the area to bring jobs into D5, which is why the money was set aside -- what the money was set aside for, and we in the area have all worked diligently for that. Now, having said that, because, to a man, all of the members of our district that have spoken to me -- and I've -- they've spoken to me en masse, -- are opposed to this map, while they're not opposed to the designation of Little Haiti somewhere; just not within the boundaries of what we consider to be and what had been historically Little River. On the other side, I also am president of the Downtown Little Haiti Stakeholders, which some of the members in that are here. I own real estate, both in Little Haiti and in Little River, and have done so for a number of years. Some of the stakeholders in our
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Downtown Little Haiti Association are -- have mixed opinions. We have an equal Anglo and an equal Haitian membership. Some of them have and will speak before you, and they love this map; others will speak before you and they don't. What I ask is that we consider the designation of Little Haiti as we do appreciate the cultural significance of it and what it has brought to the area. I work diligently to bring the types of businesses into my buildings that will help promote the area and maintain the Caribbean and Haitian culture. And we appreciate the Entertainment District and our efforts along Northeast 2nd Avenue, which I'm also on the Northeast Second Avenue Partnership Board, to promote that area. In fact, I was before you not long ago on an issue with a self-storage facility that was approved and you all voted unanimously for, and I think you all made a big mistake, but here we are today. So you, I think, can understand that I am a proponent of the Little Haiti area and Downtown Little Haiti. I was proponent when this came before you before -- sorry -- an opponent -- I take that back -- a proponent for it when it came before you the last time with Michelle Spence-Jones. My issue then, as my issue is now, is the map and what it designates, and where it should be. I believe that it should be concisely drafted to both help enhance the area and -- so people could understand that we have a designated concise area that is, in fact, Little Haiti or downtown Little Haiti, which is, in fact, the moniker of one of my entities and the moniker that we've chosen for our neighborhood association. And by designating it as a concise clear area, we can help -- and all of us help in this room -- promote it. And I ask that the people in this room, who I see on occasion, frequent Little Haiti, frequent it and shop there and -- as they've come here today en masse; and that we help promote our area, we talk about our area, we grow our area, but in order to do that, it needs to be a concise, defined area --
Chair Hardemon: Thank you, sir.
Mr. Kauderer: -- not encroaching on others, and I ask that we consider that and either reject this proposal or defer it for discussions on the map. Thank you for your time.
Chair Hardemon: Thank you very much, sir.
Mr. Kauderer: Bye-bye.
Chair Hardemon: I gave him a little more time; he represents many different organizations. Hubba hubba.
Frederick Bryant: Good afternoon. My name is Frederick Bryant, 1431 Northwest 2nd Avenue, Miami, Florida. I was born Overtown. Some of you may say, "Well, how could you be born Overtown?" There was a place called Christian Hospital that was Overtown at the time; I was born there. And I currently have paid off my house Overtown, as a matter of fact, last year, Overtown. I was a candidate for Mayor of Miami in 1984, and I -- and that's the race that Javier Suarez won that year. I didn't mean to compete against him, but it just happened that way. Carollo --
Commissioner Suarez: I'm not going to say the best man won.
Mr. Bryant: I'm also familiar with Mr. Joe Caro -- Honorable Carollo, good people; graduate of Miami Northwestern High School. And I just want to say that I hear a lot about Lemon City, Little Haiti, but I don't know if people think that those are different cities, but we must remember one thing: This all -- it all falls under the City of Miami. And I would just like to say, whatever decision that you make today that it is the best decision for Miami. Thank you, and you all have a wonderful day.
Chair Hardemon: Thank you, sir. You're recognized, sir.
Steve Basile: Yes. My name is Steve Basile. My address is 1075 Northwest 109th Street. I am a
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son of two emigrant -- Haitian emigrants, born in Little Haiti, raised in Little Haiti. Right now, every time I have friends and family that comes out of town, they say, "Hey, we want to go to Little Haiti. We want to see what's popping in Little Haiti." I take them. You can't really tell them where is the boundary, because it's always changing. We just -- right now today, I came here today to make sure y'all, the Commissioner, the Board, make sure y'all make a decision today on the boundary of what is Little Haiti so we, as a people, we can let them know, "Yeah, this is where it's at. This is where Little Haiti." Because you know where Miami-Dade is at. You know where Little Havana is at. You know Allapattah. You know all the other districts, but we don't know where is exactly Little Haiti; only the heart of it, which is 62nd and 54th, Northeast 2nd Ave., North Miami Ave. So I'm asking you today, Commissioner, to vote on it, and then pass the designation of Little Haiti. Thank you.
Chair Hardemon: Thank you, sir.
Arva Parks: Good afternoon. My name is Arva Parks, and I live at 1601 South Miami Avenue. And what I'm really here most of all to ask is that you defer this today and create a committee to talk about all the nuances that are involved in here. I am a Miami historian, as you know. I went to Miami Edison High School. I taught at Miami Edison High School. Of course, it used to be the Lemon City Agriculture School. And I -- when I was involved with trying to keep the School Board from tearing down the original school, it had become primarily African America. And at the time, my best friend from elementary school, Adele Curry Graham, and I led a group trying to save the school. And they said to us, "You whities don't care about us." And we said, "If you keep the place, you keep us whether you want us or not, and we will all work together to make it better." Well, Edison is still there. We started a program called the "Edison Linkage Foundation," and that's kind of what I'm thinking we can do with this whole issue. The Edison Linkage Foundation went to Haiti. Adele and I went to Haiti and bought Haitian art, so I have been to the island of Haiti four times. I have an enormously wonderful Haitian art collection of my own. I got to know the people in Haiti, the people in Little Haiti. We had these art shows. We made the money. We ran a tutoring program where we hired the senior high outstanding students to tutor the middle school, mostly Haitian students. It was very successful. And we got to know the people. What I am asking, too -- I also was very good buddies with Thelma Peters. We used -- we both started -- I did Coconut Grove, she did Lemon City, and we always talked about them as the first pre-railroad communities in South Florida. And we used to have wonderful arguments about which -- whose library was the oldest and everything else. Anyway, there's a great deal of history in here that cannot be thrown out. I respect the Haitians. I want it to be somehow designated Little -- or referenced as Little Haiti, but I don't want Lemon City. That would be like eliminating Coconut Grove. Just imagine what would happen if that came up. I also think it's important to keep the original boundaries of Lemon City, which are in the book very clearly. Had a very vibrant African-American community, white community; and the very first emigrants into this country were Bahamian, both white and black; and they settled both of these pre-railroad communities, and some of their ancestors you've heard today. So --
Chair Hardemon: Thank you.
Ms. Parks: -- please defer this. Get a committee and let's -- this doesn't have to be controversial. I think it can be worked out in a very positive way. Thank you.
Chair Hardemon: Thank you very much, ma'am. Mr. Pumo.
Bennett Pumo: Hello. I'm Bennett Pumo, Pumo Properties, and we rent to several different people in the neighborhood: Little River, Allapattah, Model Cities. I've heard a lot of talk today. I have something to read, and I'm going to read it very fast, but I need to say something first. It seems like many people here have been misled. You're not taking away the Little Haiti name; you have it; you've earned it. It's in every book. It's all over the world. It's in Wikipedia. The Haitian Diaspora you talk about, the Wikipedia talks about it, and it talks about coming to
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Miami. You've already got your recognition. But here I'm going to read this little nasty speech, and I'll probably make a lot of enemies, but here we go: Commission and members of the community, today's proposed boundary designation is nothing more than the theft of documented real history. For over 100 years, varied groups of emigrants came here to work hard, embracing this country and helping in developing our numerous communities, like Lemon City, Edison Little River, and Model Cities. Of all these groups living and working for the American dream for these 100 years, it is now the Haitian community, being represented by a few, feel their relatively short occupancy entitles them to rewrite history. What arrogance by proclamation and disrespect. In recent publications, the leaders of this Little Haiti boundary line movement referred to our area and developers, stakeholders, and many businesses as "racist," only because we disagree. How common is using their go-to card of racism, when there is no foundation to support their agenda. There is no racism here by the objectors, just the support of history and the pride of a growing area. The proponents of this boundary initiative say they want to legislate this as Little Haiti to stop the gentrification of an area. Well, what happened to embracing these neighborhoods, as many have for the last 100 years? All of these areas have been perpetually evolving. You're right on one way: There is no more lemon groves in Lemon City, and Little River has had its river dammed and is not navigable to the bay, and Model City now has I-95 running through it. The names have survived, history has survived, and these areas continue to evolve. The bottom line: Little Haiti is recognized by name and reputation throughout the country within many publications, as Little Havana is. There is no certified boundaries, and there's no certified boundaries needed now. In reviewing the Wikipedia site and the Haitian Diaspora to our country, it has been to Miami; many large cities, like New York City, Brooklyn, Rhode Island, Queens, Boston, and many more.
Chair Hardemon: Mr. Pumo?
Mr. Pumo: All of those areas -- I'm almost also done.
Chair Hardemon: No, you're not.
Mr. Pumo: All --
Chair Hardemon: I'm looking at your speech; you have a bit more to go.
Mr. Pumo: Just a short, short paragraph. As a reminder --
Chair Hardemon: Mr. Pumo?
Mr. Pumo: Yeah. In conclusion?
Chair Hardemon: Please, just tell me your message. Yeah, in conclusion. Thank you.
Mr. Pumo: In conclusion, thank you for the time, but before the gavel drop, the Commission represents all the people. If you want to honor this group, a proclamation for a Little Haiti Day in celebration. If our presidents get one day, Martin Luther King gets one day, Miami Little Haiti should be thrilled to be put in such company for a perpetual historical survival. If you want to do boundaries, defer this and let's talk about it. Thank you.
Chair Hardemon: Thank you, sir. You're recognized, ma'am. You're recognized, ma'am.
Beverly Armand: Hi. My name is Beverly Marjory Armand. I live in 433 Northwest 75th Street, and I used to stay on 500 Northeast 68th Street, which is Lemon City. I used to go to Lemon City Library every day, every day after school. I'm pro-Little Haiti. 75th Street -- I used to live right across the street of Little River. Little River Elementary is not even there no more. It's Jessie James (UNINTELLIGIBLE). Now we just asking just for 54th to 79th. That's all we asking for
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until 2nd -- Northeast 2nd Ave. to Northwest 6th Ave. I live -- Northeast 62nd Ave. [sic] is not -- it's only Haitian things, Caribbean things. And Lemon City was not even going to that far, so that's probably -- we not even trying to ask for Northeast 4th Court. We leaving near Lemon City Library. We're leaving what you're asking for. We're just asking for that, please. Thank you.
Chair Hardemon: Thank you. You're recognized, sir.
Paul Andre Mondesir: Good afternoon. I am here among you just to share some aspect of love. If we ask how many people out there, we'll give you a number. If we ask how many people are here, we also will give you a number, but it's not really the reality, because we are just one. I will say just five words, but probably the most important of all for humanity. I believe in Little Haiti, and I believe also in big Haiti, no limitation. But for today, anyway, you will vote. Please forgive me. I am sorry. Thank you and I love you. I speak in this way because if I look here, it's (UNINTELLIGIBLE). If I look here, it's the time. If I look here, it's the universal eye looking about your soul. Then vote with your soul, please. Thank you.
Chair Hardemon: Mr. Ehrlich, you're recognized.
Peter Ehrlich: Yes. Good afternoon. My name is Peter Ehrlich; address, 395 Northeast 59th Street in Lemon City. And I've passed out some material to all of you. You should have probably received it by now. I'm respectfully requesting a deferral of this item. And really, what this pertains to is Exhibit "A." If you look at your item, RE.11, I'm requesting a deferral of Exhibit "A." I think Exhibit "A," as many people today have been discussing, needs some work; needs to have some historians get together, meet on it; African Americans, Bahamians, Haitians. Many people need to work more professionally on Exhibit “A.” It's really the core aspect of what you're being asked to vote on today. As a board member of the African-American Committee of the Dade Heritage Trust and as a board member of the Lemon City Cemetery Corporation, I'm advocating for blacks and Bahamians who came to what would become Miami in 1850 to 1925. Ms. Park spoke eloquently about the book, "Lemon City," by Thelma Peters, who she knew personally. "The Blacks and Bahamians," 1850 to 1925, the title of the book -- you have a copy of the cover in your package -- they were the true pioneers. They deserve respect. They endured incredible hardships and back-breaking work. Italy, Thailand, Cuba, Ohio, Venezuela, Puerto Rico, New York, California, Connecticut, Iran, France, Argentina, China, England, Ireland, those are a few of the countries and states that are represented in Lemon City and Little River right now. There's a massive amount of people investing and moving to the area. Those countries and those states and many others deserve respect, as well. Everyone I've spoken to respects Lemon City and Little River's history. Everyone respects the immense contributions of blacks and Bahamians. Please defer this item to work on Exhibit "A," the borders; absolutely crucial. Historians and map experts must be involved before any vote. Thank you for your time.
Chair Hardemon: Thank you very much, sir. You're recognized, ma'am.
Commissioner Carollo: Mr. Chairman, hold on. Before we begin, I met with Mr. Ehrlich, and he gave me a package of information. It seems like some of it is the same, but some may be different, so I'm going to be turning that in to the Clerk for the record.
Chair Hardemon: Okay, thank you. You're recognized, ma'am.
Iris Mayaudon: Good afternoon. My name is Iris Mayaudon. I'm at 1764 Cleveland Road, Miami Beach, Florida. I am a business owner at 6922 Northeast 4th Avenue, 370 Northeast 4th Avenue, and 360 Northeast 4th Avenue. I'm here today because, as a resident of Miami and growing up here, I was a very big part with a former Commissioner in working with the Little Haiti community and the Little River Business District. I took a year and a half off and to -- trying to work with the local Haitian community businesses and as long -- as well as our own businesses in the area, and I don't like the fact and the division that I see here today on the hard
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work that a lot of us, both Haitians, Cuban Americans, local natives have done, and I feel that it's all because of the way that the map is out. I think it needs to be revisited. I think we all need to take a look at history and all -- and other states in America, as well as here in Miami. Just because we have different cultures moving into the area, we don't take off Henry M. Flagler School or Julia Tuttle or Lemon City. Lemon City is -- The reason that a lot of people don't know about it is because our schools have stopped discussing about Florida history; that's unfortunate. They were trying to restore the library and tried to bring some culture into the area, and we tried to work with locals. Today I see a big division, and all I'm asking is that you please revisit the map. They should be recognized, there should be a designated area, but I think we need to have better parameters. And we need to keep the Little River Business District, which has been approved, intact because we've worked very hard along with the Haitian community and have supported our hard-earned dollars in developing the area and supported the area. Even when the gunshots were coming in 2003 that my kids were in the car, I still visited and washed the streets. The NET (Neighborhood Enhancement Team) Office is -- I'm on a first-name basis with them; the gentleman that owns the bookstore here. I was there -- I was the only white person that was there at the time, so I'm definitely not racist, but I do think that we need to respect our history. We need to keep Lemon City alive. We maybe should all promote it. We should take that Caribbean market and make it a real Caribbean market that we welcome the Bahamians, the Jamaicans, the Haitians, the Venezuelans; it's all part of the Caribbean. And I've worked very hard to try to make that happen; and it's unfortunate that because of all the misleading funding and things that have happened that this was not able to happen this year with a lot of funding from local partners, and I would like to have that addressed in the future. Since we're all fighting for something, we should all contribute. Twenty, 30 years is a long time. Cubans came here in '52. That doesn't mean that everything shouldn't [sic] be named Little Havana, okay?
Chair Hardemon: Thank you very much, ma'am.
Ms. Mayaudon: You're welcome.
Chair Hardemon: You're recognized, ma'am.
Dolly MacIntyre: Good afternoon. My name is Dolly MacIntyre. I'm the advocacy chairman for Dade Heritage Trust, with offices at 190 Southeast 12th Terrace in Miami. Dade Heritage Trust supports the retention of the historic name, "Lemon City" and its historic boundaries and appending the Little Haiti nomenclature so that the area will henceforth be known as "Lemon City/Little Haiti." I don't think there's anyone who is trying to deny or recognition to the Haitian community and the many contributions that they have made to this city. I think the issue here is a matter of communication, of putting the language together correctly. I think your very first speaker said she had no objection to designating the area as "Little Haiti/Historic Lemon City." I think the need right now is the deferral to take a look at it again and to reexamine those boundaries. That's the big issue here, I think, for many people is the boundaries. There's no issue with denying the Haitians their due justice. Thank you.
Chair Hardemon: Thank you very much, ma'am.
Schiller Jerome: Good afternoon, Commissioners. Schiller Jerome, 24 Northeast 47th Street. I'm just going to speak like on two points. The first point is I'm Haitian. I was born and raised in Haiti; moved to Miami Gardens. When I was 24, my girlfriend at the time said, "Where's Little Haiti?" I said, "Sure, not a problem." I wanted to get married, so I did it. I love my community. I know what it's about. And being that I'm Haitian, I also represent my community, which currently right now is as diverse -- it's very diverse. I can tell you that I understand both side of the issues. I do understand that there is a community that wants to keep certain things intact; and I do understand there's a Haitian community that's been there, that has been -- that has contributed so much to what's going on. What I can say is there is a middle ground there. There
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is a middle ground, the fact that you can have a Little Haiti/Historic Lemon City. Everyone can agree on that. There is no reason where we have to take one or the other. You can have Little Haiti/Lemon City. It can be designated that way. Everyone is okay with it. But respect the history of Lemon City, but then recognize the actual contributions that the Haitians have made, that my parents and every other parents here has made. Thank you very much.
Chair Hardemon: Thank you, sir.
Jan Mapou: My name is Jan Mapou. I am owner of Libreri Mapou, the only Creole/French/English and Spanish bookstore in the community, preserving culture in general. I'm here today to support the wisdom of our Chairman, proposing to name for good, after 30, 40 years of struggle, the name of Little Haiti. I don't have much to say, because the second and the third generation of Haitians, they said it all in good English. As you know, 40, 50 years ago, hundreds of emigrants fleeing political oppression in Haiti died in high seas. Reaching the Florida Coast, thousands of Haitians survive and reside in the area we all call now "Little Haiti." We all remember the pain and the sufferings of these emigrants dying on the beach of Miami almost every day. We all remember how these emigrants strive to be accepted by the immigration here with a double standard. Today should be a sunshine day, a sunshine day of love and solidarity for the thousands of Haitians -- Haitian Americans now -- who brought a new cultural life in Miami/Little Haiti with our food, our music, our language, our literature. And as you know, in no time, 40 years only, we have made history, especially in the political arena. The so-called "boat people" yesterday have become high-class professional citizens of this great country, and decision makers in many cities and even in the County. As we speak, the chairman of Miami-Dade County is one of those, and so many more in North Miami, Miami Beach, and Miramar. Little Haiti has become a tourist designation, a culture hub for everybody to love and enjoy; a Caribbean destination, including the Bahamians, who said they were here first. I am here to support this effort to officially seal the name of Little Haiti in our great Miami. Thank you.
Chair Hardemon: Thank you very much.
Joann Milord: Good morning --
Chair Hardemon: You're recognized.
Ms. Milord: -- Chairman and Commissioners. My name is Joann Milord. I'm the executive director of Northeast Second Avenue Partnership. I'm also the executive director for the Haitian-American Chamber of Commerce. So we're extremely invested in this resolution this morning. I did a little presentation that I'm going to go through very quickly. I only have two minutes, but I also do want to read a statement. Thank you for dedicating the time to allow the community to express their gratitude for the resolution that is being discussed today. Identifying the boundaries of Little Haiti is not a radical idea, but already an informal destination established by the City of Miami. If you Google "Little Haiti," the City of Miami's website designates Little Haiti as a neighborhood, both the City and Miami-Dade County. I have up on the screen now the Little Haiti unofficial boundaries as established by Miami-Dade County "TUA (Targeted Urban Area)." This map, although unofficial, is much larger than the resolutions that's being proposed today. We all know that Little Haiti is getting smaller and smaller and encroached upon. If we look at the City of Miami's NET areas, they define Little Haiti as these boundaries, and these aren't the boundaries that we're asking for today. These are the proposed boundaries that are smaller than what the City of Miami already establishes on their website as the City of -- as Little Haiti. This -- as of May 9, this was the most recent NET map identifying all the areas, and this includes Little Haiti. City of Miami's website has Little Haiti NET and talks about the neighborhood. This is not a radical idea. What makes Miami great is the cultural diversity a tourist can experience. When businesses move to Little Haiti, it's for the culture, the art, the music, and food of the Haitian culture. It's not for the extinct lemon groves
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that once stood. Lemon groves may have been the foundation, but it's not the current reality of the Caribbean-theme buildings, the Little Haiti Cultural Center, Little Haiti Soccer Park, the Toussaint Louverture Statue, or Notre Dame d'Haiti Church. The struggle to preserve Little Haiti as a destination is shared with our African-American brothers and sisters in Overtown; the struggle is shared with the Cubans and the Hispanics in Little Havana, as they fight not to become Brickell West. The map being proposed today does not infringe on Buena Vista East, West, or Heights; Brentwood or Belair. It does include Toussaint Louverture Elementary and Edison High School that have a student population that is predominantly Haitian. No place outside of Haiti shares its name, other than Little Haiti. Where else in the City of Miami is there a large population of Haitians, other than Little Haiti? I think that this is a struggle that we're trying to overcome; not only the Haitians, but the African Americans, the Hispanics. You have the opportunity to make history today, so I humbly ask that we pass this resolution today. Thank you.
Chair Hardemon: Thank you. Ms. Bastien: Mr. Chair, members of the Commission, all has been said already. Today in our chambers we have hundreds of our compatriots, together with their friends, who came here to speak to you. I don't think the City of Miami has ever seen so many people in one day at this chamber. We had a total of five busses today: three school busses, two Jitneys. The three school busses and one jitney had to leave, but we still have some people here, because this matter is very important to them. Let me recap briefly, Mr. Chairman, members of the Commission, Mr. Mayor. We oftentimes hear from the developers that there aren't any Haitians in Little Haiti. Yesterday, one volunteer and two staff went for three hours in Little Haiti. They got over 100 signatures from elderlies who live in Little Haiti, who own their own homes in Little Haiti, who are U.S. (United States) citizens; they could not come. In less than three hours, they fill this out. Do not listen to the developers who tell you that there aren't any Haitian Americans in Little Haiti. There are Haitian Americans in Little Haiti. And I'm going to ask Francois to bring this to Mr. Chair and the Commissioners to see that they are authentic and that they are originals. Second, many spoke about history here. Let me tell you a little bit about history. Haitians have been coming here since the1600s. Haitian contributed to make the U.S. what it is today. Because of Haiti, the size of the United States of America doubled, because when Haitians fought slavery and defeated the Napoleon Army, Napoleon, who had the vision to concur America, was forced to sell; thereby doubling the size of the U.S. Our forefathers were in Savannah, Georgia. They fought for the independence of this country; and yes -- and yet, no people have been treated as harshly as Haitian. The Haitians were in St. Augustine, where many of our forefathers are buried, where they fought the Spaniards for America. We are not newcomers; we've been there since the 1600s. Some came today and say, "Oh, we have to table this." Mr. Chair, Commissioners, we cannot wait any longer. 60 years; we cannot wait any longer. Little Haiti is already Little Haiti, like Joann and so many indicated before us; however, every day we wait, you have developers encroaching in the boundaries of Little Haiti. We cannot claim 36th Street anymore. We cannot claim 46th Street anymore. And we are only asking for this little space that you carved. It is a negotiated proposal, because if we don't do it, and if we don't vote today, we will not have Little Haiti, which today is a global destination. It makes historical, economic, and cultural sense to vote today, and then let's keep this carved little space for us, for our people who fought and shed their blood in Little Haiti. Thank you for your leadership. Thank you for your patience. I'm so -- we are so, so, so impressed by all of you, Mr. Chair, and all of you, Commissioners, for sitting here for so many hours, you know, without even moving -- I mean, moving very briefly for some of you. We really appreciate that. And Haitian Americans who live, who still live in Little Haiti, as you can see from this list taken for three hours, will be always remember today. This is history in the City of Miami, a rich -- internationally rich, culturally diverse city. Thank you so very much.
Chair Hardemon: Thank you very much. I'm going to close the public hearing at this time, seeing there are no other persons; however, I'm going to do something a little bit out of the ordinary. There's an individual that works on my staff who is a Haitian American, who has been
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working with this issue for a very long time. She does not advocate to me, but I tasked her with this issue, knowing that she had been intimately involved with the issue before. And I gave her permission to speak, because she said many things to me, I think, that are just emotionally intelligent and, I think, necessary for people to hear. But I asked her to -- then I gave her permission. I asked her today was she going to speak, and the last thing she did to me, she shook her head "no." And Commissioner Suarez, I'm going to look at you, because this -- I don't want to -- I can't look there. And what it showed me was no matter how dynamic she is, she didn't have the courage to speak, and I would not allow her to cower at a time like this. I want to her to say to this Commission what is on her heart. Rosenny Augustine.
Rosenny Augustine: Rosenny Augustine, City of Miami. Commissioner Suarez, Commissioner Carollo, Chairman Hardemon, Commissioner Russell, Commissioner Gort, City Attorney, City Manager, ladies and gentlemen, today has been a very long day, a very long day. You have sat in your seats patiently listening. If you haven't made up your mind, I hope, through the conversation by others, you have for, you know, your hearts were touched. I have worked for the City of Miami for five years. I have worked diligently, honestly, and I have worked with passion. The tears that you hear are not tears of weakness. I am not broken. I am just as strong as my forefathers. I'm just as strong as Marleine Bastien. I'm just as strong as Gepsie Metellus. I'm just as strong as the elderly who sat here, who needed a translator, but I am in the middle. I am in that gap where sometimes we get lost. And I work for the City, and like the Chairman knows, it's difficult; sometimes you can't put your personal feelings on the record because you represent an entity, but I ask that you understand that, as an employee, I serve, just as you serve, your staff serves those who come before us: residents. I am a residents [sic]. The Haitian people are residents. African Americans are residents. Even business owners are residents. This is not a new issue. This issue has come many, many times before; and many, many times before, it has been deferred. One day Marliene won't be here. One day Gepsie won't be here. One day my grandmother won't be here. One day I may not be here. And unfortunately, if you don't take today as the day to recognize the contribution of people, we -- that have not taken from those who were here; they have added to what has been here. We have sat in the shadows of others and have not been recognized. It is not -- the name is just recognition. We want to be able to be a part of the conversation. We just don't want to be a part of just the process of helping others push their views to the front and making sure that they are representing us, but what we ask of you today is to represent us, to respect us, to acknowledge our existence as people, as a culture, as a contribution to the City of Miami, Miami-Dade County, State of Florida, and the United States of America. Respectfully, a City employee, Rosenny Augustine.
Applause.
Chair Hardemon: Thank you very much, Commissioners, for sitting and listening attentively. I know this is a very tough thing to handle before lunchtime, and I'm -- the appreciation I have for you to indulge is -- goes without words, all of you, because you've heard -- especially you who were elected before me, you've seen this happen before; you've heard this argument. The difference, though, is that I'm not going -- this is not here to discuss; this is for an action. I'm one of those people -- I'm not Haitian and I'm not Bahamian. I'm African in America. And what -- we typically call that to be African American. If I would have arrived in Haiti first, I would have been Haitian American, but bitterly [sic] known as African-Haitian American. And if I were dropped off in Jamaica or Cuba, they would have found the same sentiment. So I say that to say that African Americans in the history of Miami, speaking about them, and Bahamian-Americans at one point didn't see eye to eye. They never got along. It was evident in Overtown, and I'd rather speak -- if we want to speak about the original names, it was evident in "Colored Town," and it became more evident as Haitians came to Miami, because there became this new group of people that you could point the finger at. I love history, and nor do I want to erase anyone's history. I wouldn't dare do that, but let's talk truthfully about our history. There was a gentleman that spoke eloquently about his forefathers granting certain parcels of land to the community, which became other things later. You talk about the City of Miami. Let's just
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talk about that before we even get any further. Everyone knows that the City of Miami's Charter was signed with over 400 signatures, and many people love to say that more than 100 of those signatures were Bahamians, Bahamian men. But have you ever asked yourself why those white people allowed you to sign that document? It was because, at that time, you needed that amount of signatures to incorporate a city. Woman couldn't vote, but for some strange reason, black men could, and so we had the incorporation of the City of Miami. But you ask yourself, "Are you proud of the City of Miami's past when it first started? Who do we take this land from?" Indians. There were even history books that tell you about certain parcels of the land within the City of Miami that was sold by Indian people who actually did not represent the group of people that they said they did; nonetheless, Miami-Dade County kept it. I bring this up only to say that as blacks, Jamaican, Haitian, African American, we are all one. And let me tell you about, just a little, our story. If you think the book that everyone's holding that refers to Lemon City -- Mr. Ehrlich was so kind to bring that book to me, and there's one chapter in there that refers to Haitian -- I'm sorry -- blacks, and it's titled -- this is what it's titled. It's Chapter 13 -- "The Blacks of Lemon City." I made a copy of all the pages that are dedicated to blacks. That's it. That book is much larger than this reprint that I have for you. What's interesting about Lemon City -- and I must say this: Dr. Pinkney, what you did to save the Lemon City Library was courageous. It was the right thing. It was appropriate. It was dutiful. It was one of the most important things that you can do for a group of people in a community, and you stood fast in that, and I so much appreciate you for that. We had the same discussion on this dais with some other issues with Indian burial grounds, and it didn't happen -- there was some compromise, but you didn't compromise. So they weren't treated the same, the Indian burial ground, than what the Lemon City Cemetery was. And I know in that cemetery, you found out some very personal things, because you learned about some individuals that were buried there that are oh so important to you. Dr. Pinkney, I read a document that you produced, and this document was the argument that you used to preserve the Lemon City Cemetery. And as I read through the document and I read through these pages, I started to dig a little deeper to try to figure out how was it that our culture, black people, connects in this place called "Lemon City" that individuals of white descent and black descent are fighting for at the same time. I wanted to know, "Where was Lemon City?" And so even when I read this book, there are, as I found, one, two, three pictures of black people. First picture of the black -- of black people here says, "The Hurst Starch Mill employed blacks to dig and sort koonti roots." The beginning of the chapter says, "Most of the blacks in the bay area before the railroad were the Bahamas"-- "were from the Bahamas and lived in Coconut Grove. By the 1890, there were a few blacks in Lemon City, but there is little record of who they were." Those are the statement of the author. She doesn't cite in that part of the document, and I thought it was odd, and I thought that it was usual that she would say there were "a few blacks." What did that mean? Then I read this next sentence that says, "George E. Merrick," who we all know; founded Coral Gables, a whites-only community -- "in his article, 'Pre-Flagler Influences on the Lower Florida East Coast; Tequesta, 1941,' mentions that 'Some Bahamian blacks were living in Lemon City'"; she pulled that out. And she says that "Merrick pays attribute to these black Bahamians were changing the viewpoint of early white settlers who saw the rock country as forbidding and desolate from a planting standpoint." She goes on to quote. So I found that article that was published in March 1941 in Tequesta, and I read it to see what was the context that Merrick was speaking about, because clearly, if it's here in this document, there must be something that is significant in his writings, and we know -- and I'm sure many people here know the history of Merrick. And his family came; they purchased hundreds of acres of property, of which they began to sell, best known for -- basically, in modern-day terms called "Flipping; bought some property for a certain amount of dollars and ended up selling it for much higher . I won't say "best-known," but that's one of the things that he did; he sold property, as well as established a city. There's another book, "A World More Concrete," that actually makes reference to this book that talks about how Merrick sold some of the properties in Coral Gables and gifted -- or sold some of the properties also in other colored communities. But I was trying to figure out, like, what was it about Merrick that he was saying about Bahamians? In his article he wrote, "Now I have come to an influence that mark" -- "that had marked" -- "had a marked effect on the lower east coast; that of the" -- he called it "the Bahaman Negro." -- "Through the '70s, '80s and
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right through the 1890s, they were practically" -- "they practically the only available workers. The Georgia Negros did not come in any volume until after the 1900, after the coming of the railroad. In this West Indian period, all of our heavy laborers were Bahaman Negros." He speaks more, but he talks about the Bahaman -- he says that "In the Bahamas, there is the same coral rock, and the Bahaman Negros knew how to plant on it." I'm going to ask you a question, and you can raise your hand if you know: Has anyone ever heard of Monrovia? Okay, so very few of us, very few of us, and I'm glad to see a split. It says, "These fruits can still be found in best" -- talking about some of the fruits that they bought -- that white Bahamians and black Bahamians bought in for Coconut -- brought into the United States. It says, "These fruits can still be found in best profusion in the Bahaman colored village in Coconut Grove," which was first called 'Monrovia,' in which was the first Bahaman Negro settlement on the bay." This is the statement where she pulls that they were in Lemon City. Says, "And also, in their villages at Old Lemon City, Colored, and Perrine." That's what she says. So I wondered -- and so this must have been a mixed community. This is awesome. I see people shaking their head. Anybody heard of "Nazarene"? So as I kept reading the pages of this book, they talked about a community called "Nazarene," because I was figuring out blacks and whites couldn't have lived together during this time. I mean, that's just not how things worked. The founding of Miami is not based on upon blacks and whites living together. It just didn't work that way. So I began to read a little bit further -- and remember, this is before the founding of the City of Miami, before the -- I'll get to the railroad, but it talks about how Bahamen, or blacks, worked, and that's what this really is about. The contribution to Lemon City, the way they described it in these chapters, was through the work; even heard it through the speech that was given by Dr. Pinkney. There was the "machete." It says -- so they basically cleared the fields, as Mr. Merrick put it, for white communities, and so the community -- says here, "There were at least identical" -- "identifiable black communities" -- Can you -- can someone put up the map that we're talking about today? It says, "There were at least three identifiable black communities in Lemon City: Nazarene and Nightsville, which were close to one another, and Bullstown, all dating back from about 1900."
Commissioner Gort: IT (Information Technology).
Chair Hardemon: Now, says -- and as you redevelop on land platted by Louis P. Pearson laid the -- and lay between the rail -- excuse me; I'm going to give you some dimensions. "Nazarene developed on land platted by Louis W. Pierce and lay between the railroad on Northeast 2nd Avenue and South of DuPont Road, which was Northeast 71st Street." One day we're going to get this map up. "Some of it was pine land, some prairie, including a slough. Nightsville comprised only five acres, small lots, all prime land stretching west up from the ridge from Northeast 2nd Avenue at 68th Street on opposite sides of a sand road, a road scarcely two blocks long, and ending near a rock pit. Nightsville was a small enclave of blacks surrounded by groves owned by whites." It even goes through the church, because of course, what was stated by the church is true; that many churches were there, but the question is where they were. Nightsville was the cultural center -- the way that this author writes it -- for blacks of Lemon City. And on the north side of the sand road were the two churches: St. James AME Methodist Church was near Second Avenue; and Mount Tabor Baptist Church, a block west on the same road -- actually, on the crest of the bridge. "The Baptists and the Methodists met on alternate Sundays so that there was a church service to attend every Sunday, which most people did regardless of denomination. The good relationship between the two churches continued after they moved west to Liberty City around 1920." Okay. Now, I'm going to back up to this map. If you look at the boundaries that are on this map -- just to the people who came here speaking about the heritage of blacks in Lemon City, the work that they did for Lemon City, and even the images that were passed out by the gentlemen who talked about the heritage of Lemon City, the images in that book that you hold, Dr. Pinkney, the vast majority of those images are whites in Lemon City. And so, when I look at the identifiable black communities -- that were Nazarene, Nightsville, and Bullstown, which they can't find -- those are actually outside of the boundaries that are identified on this map. James, can you touch where those would be? Brother McQueen, my chief of staff, is of Bahamian dissent, and he tells about stories of when he would go to Nazarene. He didn't call it
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"Lemon City" at the time when he was a child, not understanding what it really was. And so I move this conversation forward towards the founding of the City of Miami. If you think about this community, why does it make sense that Nazarene was outside the boundaries of Lemon City? Because blacks couldn't live with you, but close enough to you to get to work on time. If you were in the Grove -- you in the Grove, you couldn't make it to Lemon City. And the blacks that were there that worked in the -- as identified as -- in these pictures, in these different mills, in the different farms and such, they were essential. The people that were help for homes, they were essential to that white community, and that white community did have things going. I'm not saying that this is white against blacks. What I'm saying is what makes sense and what I was going through as I read through this. And so I thought about well, why isn't this community recognized for blacks, like Nazarene, like Overtown was, or Colored Town was for blacks at the time? And what I realized was that when the railroad came in, that's when, in the 1900s, you had your influx of blacks from the north, from like Georgia and such. It was much easier for Bahamians to get here from the water to Miami. But what I saw was that in reading, "A World More Concrete," which talks about the history of the Flagler Railroad, I learned that when Flagler brought his railroad through, blacks and whites who were working on the railroad, they lived together when they were building, for instance, like a hotel, et cetera. But when it was -- when the work was done is when Flagler decided to start to sell parcels of land in a place called -- he called "Colored Town" so that blacks could live where they needed to live and whites could live where they needed to live. That distinction, even after the founding of the City of Miami, is why you recognize these boundaries that became more set in stone, because that was the boundary that was set for black people to -- where they were going to live. Moreover, the same thing in the southern parts of Coconut Grove, the black Coconut Grove. Those were the official settlements where blacks were going to be, but what's interesting is that whites still owned a vast majority of the property there. In this -- in George Merrick's writings, he talks about how -- and his praise was really to the work that blacks could do and the fact that they made land valuable that people thought was not valuable before, so you could make a profit by having land, one, worked on by blacks; and then by owning lands that blacks had to live on, because if you read the history of Overtown, or Colored Town, you knew that the rents were much higher than the neighboring white communities, and the conditions were much worse. I'm going to fast-forward through and say that when the blacks of Nazarene moved to Lemon City -- I'm sorry -- moved to Liberty City, we know that they moved to Liberty Square. The conditions were much better in Liberty Square. This was a new development that was used to move blacks from Colored Town, and people saw the benefit of having running water, having electricity; many things that many blacks didn't have at that time living in these small places. And so that's where people ended up moving in the '20s. And the area that used to be Nazarenes are now, as identified in the writings, "warehouses." They're warehouses. But what was imprinted in my mind about Lemon City -- and I'm just sharing this because, I mean, it just is what it is -- the actual place that we call "Lemon City," where, from what I read, blacks didn't live but they worked, in that same book on page 279, at the top -- and Ms. Pinkney, you can see it if you go to the page -- where it says -- and it shows a group of one, two, three, four, five, six, seven, eight white folk in black face, so black face minstrel show toured the scattered homesteads in 1898, and it names the people who were there. Now, I say this to say that all of our history, we can't be proud of, because America has done some really nasty things to black people. And I don't hold any of -- people who are not of my color, I don't hold that against any of them, because they were not the people, but I will tell you that the City of Miami, Miami-Dade County, the State of Florida, and the Federal Government signed off on a lot of the things that were happening to the people in those communities as -- You go into the '60s. When we talk about Dr. King, he was petitioning the government for some solution to the perils that black people were going through across this nation. And so, when I think about Lemon City, I know there's a history there that predates the incorporation of the City of Miami; that much like the City of Miami, much like during -- this is post-slavery when they were paid -- as in that book, blacks were paid a dollar a day or two -- about a 1.50, $2 for a ton of whatever they farmed. It was a different time in which blacks were used for labor and not to live amongst, and I'm not going to go further into it. But I say that just to say that when you found Lemon City Library -- Lemon City Cemetery, you ask yourself, "Where was it?" It was in the
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northwest far quadrant of Lemon City, an area -- and I don't have it right in front of me -- but an area that the people of Lemon City believed was not a good place where they could grow things, they can plant, they can live. It was not that. And that's where blacks were buried. Because if you buried them right next to where they were living, probably was an issue, but that's just an opinion. So when I fast-forward to what we are -- where we are today, I think in terms of never eradicating the history, because I think we all have to know our history. We have to know what happened to us before today; it's important, but I don't -- I wouldn't praise -- me personally -- the Confederate flag, because blacks fought under it. I wouldn't do it. It's a part of history that some people believe should be up, displayed in a museum for people to see, and some people think that should be burned; tossed in a mop bucket somewhere in a janitor's closet. We all have differences of opinion. And the one thing that I know about issues like that and issues like this is that those opinions don't change, so as referenced in the minutes that I read from 2013 about this issue when the most well-spoken individual, such as Mr. Pumo, and everyone came to speak, including you, Ms. Pinkney, about this issue. And so that's why I just respectfully ask that we make this decision today, because I think what we're making the decision about is the neighborhoods of the City of Miami; Miami, where in all of our documents, in NET, in GMCVB, in our conversations, in our tax dollars that we make these buildings look a certain type of way, everything that we do, we say "Little Haiti," but we won't pay the homage to actually identify this community so that it can really be a tourist destination for everyone to enjoy. I know this is a first for everyone. I know this has never occurred before, but I think that this is something that we should do. I tossed in my bed a lot of about this issue. A lot of people discussed this issue before me, many, many meetings; and I look at the meeting minutes, and people praised Rosenny for the good job that she did in talking to the community about this one issue. I think it's all talked out. The -- when we talk about the Little River Business District, I support business in the Little River Business District and what you do. I wouldn't take away many a thing that you have. I wouldn't -- and Mr. Pumo, when you spoke last time, you spoke about adding another layer of regulation that would make it more difficult for you to do permitting, adding things that would make it more difficult for you to rent a property or someone to rent your property. I remember those things. And I know -- I'm sure you had some more arguments. I'm just talking --
Mr. Pumo: (UNINTELLIGIBLE).
Chair Hardemon: Okay, this is off record. But let me say -- I'm just saying what I read; just to let you know that, you know, I listened to your words. And when we're told as a people, all of us, to wait, it reminds -- a gentleman talked about Martin Luther King, and it's like -- in one of Martin Luther King's speeches, he -- of course, he said that, you know, he don't -- he wanted to wait to cash a check; and as time passes and as the many people talked about -- I mean, these barriers shrink -- what you realize is that -- and the way he described it was that "America has given the Negro a bad check, a check that has come back, marked 'insufficient funds.'" And everyone knows that check -- you hold it for too long, it's no longer valid. And so I just ask, in my few words, that were probably a lot, in no better terms than what the community expressed, because I think they expressed it best, but I ask that we pass this resolution, because I think that it's the right thing to do for a culturally diverse neighborhood that supports business inclusion into their areas and that wants to celebrate diversity and all the positivity that it brings to this area, and never take away from the history that we've led -- "we," meaning whites and blacks -- have left in Miami, good or bad, but it's just the truth, but never take away from it. And so that's why I ask that someone move --
Commissioner Suarez: Move it.
Vice Chair Russell: Mr. Chair. Second.
Chair Hardemon: Seconded.
Vice Chair Russell: For discussion.
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Chair Hardemon: Been properly moved and seconded. You're recognized, Commissioner Gort.
Commissioner Gort: I could be talking here for hours, but I'm going to be brief. I think enough has been said. My dad establish business in 1602 Southwest 8th Street in 1974, and I was part of the -- that committee. We were the only Cuban business that -- within that area at that time. And then we -- through the Chamber of Commerce, we created the -- started working the Little Havana -- we were named Little" Havana" by George Volsky, who was a reporter for the New York Times, so he's the one that named Little Havana.
Chair Hardemon: Miami Herald named Little Haiti, but it was --
Commissioner Gort: So it was then that the Little Havana people start coming to see Little Havana, but architectures were not there; so through the Chamber of Commerce and working with the City of Miami, we created the Latin Quarter, a specific area to make it a tourist attraction. Ethnic tourism is something that is working throughout the world; people want to come. We can see the work that began maybe 30 years ago. Today, you have at least 12 to 13 busses a day going through Little Havana, which is an economic impact; at the same time, maintaining a culture. Now, what I'd like to tell you is I'm very proud of being a Cuban American. And what I tell the kids when I go to the school, what I tell all my kids is you select the best of your culture and the best of the culture in the new country that had adopted you, and you create something very unique: the bilingual, bi-cultural individual, which today, in the global market, is so important to have. Today, the global market that we have today, the business and people we have from all over the world coming in is tremendous, and it's because of the population that we have here and the integration that we have here, which I think is very important for a city. I don't have any problem voting for this today, but I think the history will maintain. And I think, people, we should know by now that Miami makes history every day. Every time there's a political problem throughout the Latin America or Caribbean, or there's an economic problem, we inherit that. We can see what's happening right now with the people coming in here, and we have been able to survive all the time. I hope that this is not going to take away from the history. I think history's always going to be there. Nobody's going to wipe out the founders of this nation or the founders of this city. So it's a -- very important that we work as a Miamian. Whenever you write a letter, you don't say, "Little Havana" -- return letter -- return address; you don't put "Little Havana"; you put "Miami," and that's what we got to think about. We got all kinds of different neighborhoods. Little River will continue to be Little River, and they can have their own signage for the Chamber of Commerce, and I think the Lemon City could also continue with their names. I don't think that's going to change. But I have to tell you, you can change the boundaries, but what keeps the culture is our self. We're the one that keep our culture, and at home teaching our kids and teaching everyone. And it's very important for the people that are here to understand a little better about their background of their culture; it makes them a better person; that makes them a proud person that they can really work real hard. And your professionalism cannot be taken away. Your brain and your knowledge, nobody can take away. And your homes, nobody can take it away, unless you sell it. That's it. I'm not going to speak anymore.
Chair Hardemon: Any further discussion?
Vice Chair Russell: Yes. Mr. Chair, thank you. (Comments made in Creole not translated). That's all I've got. (Comments made in Creole not translated). Thank you, everyone, for coming. This has been very enlightening for me. Obviously, I wasn't here on the dais during the last time this came around, and there's a lot of issues, and I guess I -- this is the first time I'm really seeing the map that was up here, and it does not coordinate, if I understand correctly, with the map that's written in Exhibit "A," because I was trying to follow and that looked different. And it definitely doesn't coordinate with the map that was in the New Times, so I actually haven't seen a physical boundary, other than the one that was just shown just now, so I wanted to get some
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clarification on the exhibit versus the map.
Chair Hardemon: Francisco.
Francisco Garcia (Director, Planning & Zoning): Thank you for the opportunity to do so. The attachment labeled "Exhibit 'A'" contains, in words, approximately a description of this area which we've depicted here. What I will do, if I may, is introduce into the record the exact delineation of the area so that there is abundant clarity, and I'll do so quickly, because the boundaries are fairly straightforward. I'll begin at the southeastern corner -- and of the image shows it perfect. I will begin at the southeastern corner of the boundaries as proposed and go clockwise. The southeastern corner would be the intersection of Northeast 54th Street and Northeast 4th Avenue. However, the proposed boundary travels not along the center line of Northeast 54th Street; rather, it travels at the midblock line, between 54th Street and the street parallel to the south, and that line now travels westerly until it meets Interstate 95, I-95. At that point in time, the line travels northward along the center line of I-95, Interstate I-95, all the way to the northern boundary of the City of Miami. When I-95 touches the northern boundary of the City of Miami, which is roughly Northwest 88th Street, then it turns eastward, and the boundary now travels not along Northwest 79th Street, but to include the frontages on both side of Northwest 79th Street, it travels along the midblock line between Northwest 79th Street and Northwest 80th Street, which happens to be the boundary line of the City of Miami. It does show until it reaches North Miami Avenue. Then following the boundary line of the City of Miami, it travels northward along North Miami Avenue until it reaches the Little River; follows the northern boundary of the City of Miami along the Little River to the east until it reaches Northeast 2nd Avenue. At that point in time, it turn southward along Northeast 2nd Avenue. It includes both sides -- both frontages along Northeast 2nd Avenue, so it is -- it travels along the midblock line between Northeast 2nd Avenue and Northeast 2nd Court, approximately, and it travels southbound until it reaches approximately Northeast 67th Terrace to include in its totality Little Haiti Park. And so it follows the property line eastbound of Little Haiti Park until it reaches Northeast 4th Avenue; it travels southbound until it reaches Northeast 62nd Street; it travels eastbound until it reaches the eastern boundary of Northeast 4th Avenue, and then it travels southbound until it reaches back again the point of departure, which was the center line of Northeast 54th Street. Thank you.
Vice Chair Russell: So the Exhibit "A" is actually not accurate to that map, if I'm not mistaken; is that correct?
Mr. Garcia: That is correct. And we would then propose, for clarity sake, to introduce my verbal description into the record and to have that substitute the slightly vaguer description provided in Exhibit "A."
Vice Chair Russell: So -- and could the map also be added?
Mr. Garcia: Absolutely, yes.
Vice Chair Russell: -- the individual map could be added. Do we have a map of Lemon City as described? I know it was never incorporated, but do we have a map that we could --? Because I know it was referenced from the book, but I haven't --
Mr. Garcia: Right. And so we don't have such a record, because frankly, one could research that and one could find a number of references. There is no specific reference to Lemon City in the archives of the City of Miami as an entity defined by boundaries.
Vice Chair Russell: Thank you.
Chair Hardemon: And I'll --
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Mr. Garcia: And I should add -- I'm sorry -- for the record that it was never incorporated as a city --
Vice Chair Russell: I understand.
Mr. Garcia: -- simply a reference as "Lemon City."
Chair Hardemon: The -- and I ask that the maker and the seconder accept Mr. Garcia's --
Commissioner Suarez: Yes.
Chair Hardemon: -- statements as the boundaries.
Commissioner Suarez: Yes.
Vice Chair Russell: Yes, of course.
Mr. Garcia: Thank you.
Vice Chair Russell: Is there any will from this Commission to take into account some of the commentary that was made about somehow incorporating Lemon City or finding some sort of historical designation or preference for Lemon City within the designation, or are we simply talking about the Little Haiti designation in this?
Chair Hardemon: You know, what was interesting -- what's interesting about -- I'm not going to say that. I don't -- better explain yourself. What do you mean?
Vice Chair Russell: There were several comments made, even from those who were in favor of designation, that there be either -- I don't know whether it was co-designation or some sort of shared -- some sort of compromise was referenced a few times, and I was wondering if that's something that the -- was considered within this or if it -- the fear was that Lemon City would disappear by making this designation, and I'm wondering if we're addressing that?
Chair Hardemon: Right. I mean, that's -- well, one, it's interesting to see the City of Miami officially say designate, say, a Lemon City, where it was not a part of the City of Miami. You know, it's an interesting thing. It's a part of history. It's a part of land that was -- then became the City of Miami, and that makes me think about -- well, it's just interesting. So that's -- that was not the purpose of the resolution. The purpose of the resolution was to recognize --
Vice Chair Russell: Little Haiti.
Chair Hardemon: -- Little Haiti. And, you know, it's just one of those things where, you know, I think about all the work that blacks did downtown on Flagler railroad and the way it was found , and there was not a reference to -- it's not Tequesta Road; it's Flagler, you know:
Vice Chair Russell: Thank you.
Commissioner Suarez: Mr. Chair.
Chair Hardemon: You're recognized, sir.
Commissioner Suarez: Thank you. Yeah, I mean, I think -- you know, a lot of people spoke today, and there were a lot of notes that I wrote down as we heard people speaking, one of which was "Miami is the place to be," which I think we all agree. "Miami is a world-class city." Something that Commissioner Gort said that I think is very important. Nothing here that we do today either
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erases history or creates future history. You know, we have a vibrant city that is evolving daily, as the Commissioner said, and this self-identification, self-branding issue is an issue that we' re seeing throughout the City, and I'll give you a variety of examples. We declined to name the NRD (Neighborhood Resource District) the "Wynwood NRD" because we thought there may be some encroachment on Overtown, so we made it NRD-1. Guess what? Wynwood is still there. Overtown is still there. And that's an entitlement package that is helping Wynwood, or what they would consider to be Wynwood, the owners and the stakeholders further develop and become better part of our city. You know, I've heard people -- and I'm going to give examples from all our districts. I've heard people talking about Little Havana. You know, I'm sure you've heard it too. Some people talking about an effort to make parts of Little Havana West Brickell, and I think that's something that -- you know, in Coral Way -- I went to eat lunch once in a restaurant in Coral Way, and I found out the restaurant was the "Coral Gables" version of that restaurant, and I was very offended by that, personally, but you know -- and then, of course, you have Lemon City, Little Haiti, and Little River, all areas that I think everyone here acknowledges --
Commissioner Gort: Yeah.
Commissioner Suarez: -- have a tremendous amount of significance, whether it's past, present, or future. I don't know in what order, in what class, and I'm not so sure that you can order them in that class anyways. I think the fact of the matter is, we self-identify, we create our culture, we create our neighborhoods, okay? Anyhow, so I think -- you know, I think here what we have is a community that is coming forward, because oftentimes, historically, they have felt, as a race and even as citizens, to be ignored and overlooked. And I think, you know, when you talk about Federal immigration policy, there's an issue there, you know, that Cuban Americans get a certain favorable immigration policy and Haitian Americans do not; and they're both fleeing, you know, what they feel is persecution in their country, and they don't have that same treatment. And I've heard it here. I've been to many community meetings. Many of you I've spoken to directly, and that sentiment is there. So I think this is a recognition that the Haitian community and our City is vibrant. It should be recognized. It should be applauded. And that we care about them. And I think, oftentimes, as our government -- you know, when people feel disenfranchised, the government needs to step in and do what is necessary and what is right. And in this case, what is necessary and what is right is to send a message to the Haitian community that the City of Miami cares for its people.
Chair Hardemon: Anything else? Before we go to vote, I want to say that I think history was -- when it comes to the treatment of people, history will smile at your comments, because people that share my complexion all over the world suffered because of it. And I thank everyone who came to speak on both sides of the issue. And I admire the City of Miami, because the City of Miami has the courage to have that conversation; because in so many places, they won't talk about race, not in a productive fashion. And I watched you all stand at that lectern and speak; and people, when they didn't like what other people said, did not interrupt them. You all, as a group of people, should be proud of how you conduct yourselves. This is part of the reason that I love being a part of this community. And I hope that, you know, the decision that I make today doesn't tarnish the relationships that I've built with certain people that are here, black and white. Because no matter what, I'm always going to hear you and hear your issue and make a decision moving forward the best way I think will affect that community, our community. And so, if you're on either side, I respect you, and I think you all did a magnificent job. You should be proud of yourselves. And thank you for coming to share your thoughts. Roll call vote.
Todd B. Hannon (City Clerk): Roll call on item RE.11. Commissioner Gort?
Commissioner Gort: Yes.
Mr. Hannon: Commissioner Carollo?
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Commissioner Carollo: Yes.
Mr. Hannon: Vice Chair Russell?
Vice Chair Russell: Wi. Yes.
(Applause)
Mr. Hannon: Commissioner Suarez?
Commissioner Suarez: Yes.
Chair Hardemon: Chair Hardemon?
Chair Hardemon: For.
Mr. Hannon: The resolution passes, 5-0 --
(Applause)
Mr. Hannon: -- as modified.
Commissioner Gort: What time we coming back?
Unidentified Speaker: You gotta work on some of that Creole.
Vice Chair Russell: Gotta to work on it.
Chair Hardemon: Everyone, let me have some quiet, please. Decorum, decorum, decorum. We still have to put some things in order and then I'll recess. I know that we have -- let me have -- everyone, let me have your attention, please, please, please. The meeting is still in order. Quiet down, please. Commissioners, I know that everyone didn't have a lunch. What time do you all want to come back to re-adjourn?
Vice Chair Russell: Mr. Chair?
Chair Hardemon: Yes.
Vice Chair Russell: We have a CRA (Community Redevelopment Agency) meeting and two shade meetings; so if we could have a bit of an abbreviated lunch, I think that will be a great idea for our health tonight.
Chair Hardemon: Is 4 okay? It's 2:40 now. It's like an hour and 20 minutes.
Vice Chair Russell: Yeah.
Chair Hardemon: Four -- is 4 okay? All right, meeting is in recess.
END OF RESOLUTIONS
3:00 P.M. TIME CERTAIN
ATTORNEY-CLIENT SESSIONS
AC.1 ATTORNEY-CLIENT SESSION
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16-00725a Office of the City UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING Attorney THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL., CASE NO. 15-747, BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. 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; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN, AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND XAVIER E. ALBAN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. 16-00725a Memo - Office of the City Attorney (06-09-16).pdf 16-00725a Notice to the Public (06-09-16).pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item AC.1 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
Commissioner Gort: 7, the Commissioner is not here.
Chair Hardemon: 7, 8, 9, 10, and 11 have been taken care of. The attorney-client sessions have been -- the City Attorney wants to -- I think the City Attorney wants a motion.
Victoria Méndez (City Attorney): I need to read -- just remember, before, like right --
Chair Hardemon: Oh, okay.
Ms. Méndez: -- when we start picking up or something, I could read everything. Keep on going,
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and then right before -- like, don't everybody run off the dais.
Commissioner Carollo: We're going to do it now?
Chair Hardemon: But --
Ms. Méndez: Hmm?
Commissioner Carollo: We're going to do it now?
Chair Hardemon: -- should we -- Do we need a motion to continue them to the June 9 agenda?
Todd B. Hannon (City Clerk): Just -- yes, please, for a deferral.
Chair Hardemon: Motion for deferral for the attorney-client privilege --
Commissioner Gort: Move it.
Chair Hardemon: -- or sessions.
Commissioner Carollo: Second.
Chair Hardemon: It's been properly moved and seconded that we continue both items AC.1 and AC.2 or -- to the June 9 agenda. Any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes.
Ms. Méndez: Just remember, before you go off the dais, I have to read the scripts again; unfortunately, that's what Florida Statute calls for. Thank you.
3:00 P.M. TIME CERTAIN
AC.2 ATTORNEY-CLIENT SESSION 16-00726a Office of the City UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING Attorney THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, CASE NO. 3D16-866, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, CASE NO. 3D16-900, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, CASE NO. 3D16-1019, BEFORE THE THIRD DISTRICT COURT OF APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE City of Miami Page 169 Printed on 7/6/2016 City Commission Meeting Minutes May 26, 2016
CITY IS PRESENTLY A PARTY. 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; DIVISION CHIEF FOR LAND USE/TRANSACTIONAL MATTERS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND AMANDA L. 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. 16-00726a Memo - Office of the City Attorney(06-09-16).pdf 16-00726a Notice to the Public(06-09-16).pdf
Motion by Commissioner Gort, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item AC.2 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
Note for the Record: Please see Item AC.1 for minutes referencing Item AC.2.
END OF ATTORNEY-CLIENT SESSIONS
BOARDS AND COMMITTEES
BC.1 RESOLUTION 16-00610 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE Clerk MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE-CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN.
APPOINTED AS CHAIRPERSON:
Commissioner Carollo of the Bayfront Park Management Trust
Commissioner Russell of the Downtown Development Authority
Commissioner Suarez of the Midtown Community Redevelopment Agency
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Commissioner Russell of the Omni Community Redevelopment Agency
Commissioner Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency
APPOINTED AS VICE CHAIRPERSON:
Commissioner Gort of the Midtown Community Redevelopment Agency
Commissioner Suarez of the Miami Sports and Exhibition Authority
Commissioner Suarez of the Omni Community Redevelopment Agency
Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency
APPOINTED AS MEMBER:
Commissioner Hardemon of the Greater Miami Convention and Visitors Bureau
Commissioner Suarez of the Metropolitan Planning Organization (MPO)
Commissioner Suarez of the Florida League of Cities
Commissioner Gort of the Miami-Dade County League of Cities
Commissioner Hardemon of the Miami-Dade County Tourist Development Council Commissioner Carollo of the Miami River Commission 16-00610 Commissioners as Members of Boards CCMemo.pdf 16-00610 History Commissioners as Board Members.pdf
Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
R-16-0246
Chair Hardemon: BC.1.
Todd B. Hannon (City Clerk): BC.1 is an annual item that I bring before the Commission.
Commissioner Carollo: Didn't we just vote on this a few months ago?
Mr. Hannon: Well, the reason why we had to do that back in November was due to the election, but the Code requires me to bring this to you every June. So what I would like to do, with your permission, is to work with the City Attorney's Office to maybe move the date that's in the Code to the -- to maybe the second meeting in January, so we no longer have to wait to have -- so that we no longer have to do this twice; once after an election, biannually and then again in June, because basically, we're just repeating the same --
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Chair Hardemon: You're asking for some direction.
Mr. Hannon: Yes, sir.
Chair Hardemon: You want a motion to direct it?
Commissioner Carollo: I make a motion to --
Mr. Hannon: You don't even need to make a motion; it's just more of a direction to the City Clerk to work with the City Attorney to basically move the date from June 1 to the second meeting in January, so that once a new elected Commissioner is elected, we no longer have to do this maybe once in, you know, January, and again in June, unless we want to continue to do it twice. We can continue with the status quo.
Chair Hardemon: So there's no objection to that directive, correct?
Commissioner Carollo: No.
Chair Hardemon: So in other words --
Commissioner Carollo: And then everything stays status quo?
Mr. Hannon: And -- yes. If you want to make a motion for status quo, we can do so for item BC.1.
Commissioner Carollo: I make a motion that everything stays status quo with BC.1.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded. Any unreadiness? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Hardemon: Motion passes. So with BC.1, then that does count as --
Mr. Hannon: Every board that you currently serve on, you continue to serve on.
Chair Hardemon: Got it.
Mr. Hannon: Just that simple.
Chair Hardemon: All right.
END OF BOARDS AND COMMITTEES
BUDGET
BU.1 BUDGET DISCUSSION ITEM 16-00553 Department of MONTHLY REPORT Management and I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES Budget (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND
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BUDGET) II. SECTION 18-502 (CITY'S ANTI-DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES)
16-00553 Summary Form.pdf
DISCUSSED
Commissioner Carollo: Can we defer the --
Chair Hardemon: We have our budget, BU.1.
Christopher Rose: Good evening, Commissioners. Chris Rose, Office of Management and Budget. The books closed on May 10. We're projecting a surplus of 8.8 million, which is 5.6 million in the general fund, and 3.2 million in the internal service fund. It includes projections of purchase of a helicopter, all expenditures in the midyear, and cost of the Fraternal Order of Police. So general fund revenues are -- so far collected, 71 percent of the general fund budget has been collected. Yes, sir.
Commissioner Carollo: So just quick question. So even including the FOP (Fraternal Order of Police) contract, what you're still see -- you're still estimating a surplus of 8.9 or --?
Mr. Rose: 8.8, which is 5.6 in the general fund. Recall that, according to the financial integrity principles, we're required to keep 5 million.
Commissioner Carollo: Understood.
Mr. Rose: Okay. And we've collected about 71 percent of the general fund budget thus far this year. And expenditures are at about 58 percent of the budget so far this year. I'll take any questions you may have at this time, Commissioners.
Chair Hardemon: Thank you very much.
Mr. Rose: Thank you.
END OF BUDGET
DISCUSSION ITEMS
DI.1 DISCUSSION ITEM 16-00408 Department of QUARTERLY UPDATE OF NON-REIMBURSABLE GRANT Finance EXPENDITURES FOR THE QUARTER ENDING DECEMBER 31, 2015.
16-00408 Summary Form.pdf 16-00408 Memo - Quarterly Update.pdf 16-00408 Memo - Unreimbursed Grant Expenditures.pdf 16-00408 Back-Up Documents.pdf 16-00408 Back-Up from Law Dept.pdf DISCUSSED
Chair Hardemon: DI.1.
Jose Fernandez (Director): Good evening, Commissioners. Jose Fernandez with the
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Department of Finance. DI.1 is a quarterly update on the non-reimbursable grant expenditures. For the quarter ended December 31, 2015, there were three non-reimbursable expenditures; two pertaining to two different FIND (Florida Inland Navigation District) grants; one to HAPA [sic] (Highway Authorities Product Approval Scheme) with the Department -- with FDOT (Florida Department of Transportation).
Commissioner Gort: Bring your mike up.
Mr. Fernandez: Sure. The two disallowed costs related to the FIND grant were due to permitting issues. There's a requirement that we enter into a construction contract within two years of the design phase. That didn't occur because of permitting issues. The one with FDOT, there's a long lead time for FP&L (Florida Power and Light) to put up the streetlights. You know, this -- we went ahead and task -- paid FP&L ahead of time. Building in that time, since it was done prior to the execution of the notice to proceed, FDOT disallowed the cost.
Commissioner Carollo: What was the amount of that?
Mr. Fernandez: That was $133,000.
Commissioner Carollo: How could we prevent --? Who was in charge of monitoring that and how could we prevent that in the future?
Hector Diaz: Good evening, Commissioners. Hector Diaz, assistant director, CIP (Capital Improvement Projects. Currently, your question is regarding the $133,000?
Commissioner Carollo: Yeah; that was disallowed.
Mr. Diaz: Right. FP&L has a long lead time.
Commissioner Carollo: I'm sorry?
Mr. Diaz: FP&L has a long lead time to install streetlights in the project. So the $133,000 was released prior to FDOT approving the bidding of the project. Currently, right now, what we have, we have a --
Commissioner Carollo: So who was monitoring and how can -- What you're telling me is that the 133,000, it's either going to have to be paid back, or it's not going to be allowed?
Mr. Diaz: It will not be reimbursed from FDOT.
Commissioner Carollo: It will not be reimbursed. So the City would, in essence, have to pay for it. And why was the reason that it would not be allowed, and who was monitoring that? So question is: "What's the reason that it's not allowed?" number one. Number two is: "Who was monitoring that?" And number three is: "How could in the future we prevent this from happening again?"
Mr. Diaz: FDOT doesn't allow any expenses before FDOT actually approves you to go out to bid, and these expenses were incurred prior to that.
Commissioner Carollo: Who was monitoring that?
Mr. Diaz: CIP was monitoring that. And unfortunately, FP&L does have a long lead time. So in order to keep our construction timeline, we had to release the payment before then.
Vice Chair Russell: So, unavoidable, in your opinion?
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Mr. Diaz: I believe it's unavoidable, yes. Now, to solve the problem in the future, we do have a design/build/operate/maintain contract with a private vendor whereby we're in control of that. So we actually design, build, operate, and maintain the streetlights; it's not FP&L.
Chair Hardemon: Any further questions? Seeing none, thank you very much, sir.
DI.2 DISCUSSION ITEM 16-00557 District 3- DISCUSSION REGARDING AN UPDATE ON THE COMMISSION'S REQUEST Commissioner Frank FOR THE MARLINS BALLPARK TICKET POLICY DIRECTIVE FROM THE Carollo MARCH 11TH COMMISSION MEETING. 16-00557 E-Mail - Discussion Item.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.2 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.3 DISCUSSION ITEM 16-00544 Office of the City DISCUSSION REGARDING THE MARINE STADIUM. Attorney 16-00544 E-Mail - Discussion Item.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.3 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.4 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
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.4 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
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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
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.5 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.6 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
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.6 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.7 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
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.7 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.8 DISCUSSION ITEM 16-00304 District 4- DISCUSSION REGARDING UPDATE ON MINDS AND MACHINES CITY OF Commissioner MIAMI REVENUE. Francis Suarez
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16-00304 E-Mail - Discussion Item.pdf 16-00304 Back-Up Document.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.8 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.9 DISCUSSION ITEM 16-00237 District 2 - DISCUSSION REGARDING STATE OF CONTAMINATED CITY PARKS. Commissioner Ken Russell 16-00237 E-Mail - Discussion Item.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.9 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
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
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.10 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.11 DISCUSSION ITEM 16-00522 District 4- DISCUSSION REGARDING MIAMI-DADE COUNTY RENTS. Commissioner Francis Suarez 16-00522 E-Mail - Discussion Item.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez
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Note for the Record: Item DI.11 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.12 DISCUSSION ITEM 16-00559 District 2 - DISCUSSION REGARDING NIGHTLY BED AVAILABILITY FOR HOMELESS Commissioner Ken RESIDENTS. Russell 16-00559 E-Mail - Discussion Item.pdf 16-00559 Back-Up Documents.pdf
Motion by Commissioner Carollo, seconded by Vice Chair Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Note for the Record: Item DI.12 was deferred to the Regular Commission Meeting scheduled for June 9, 2016.
DI.13 DISCUSSION ITEM 16-00093 Department of NET PRESENTATION BY NEIGHBORHOOD ENHANCEMENT TEAM (NET) Administration ADMINISTRATION.
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Note for the Record: Item DI.13 was deferred to the Regular Commission Meeting scheduled for July 14, 2016.
END OF DISCUSSION ITEMS
PART B: PLANNING AND ZONING ITEMS
Chair Hardemon: I have some young ladies that are here before me right now. I want to -- make sure you read into the record the Planning & Zoning --
Commissioner Suarez: Procedures.
Chair Hardemon: -- the Planning & Zoning --
Victoria Méndez (City Attorney): Thank you, Chairman.
Commissioner Suarez: Procedures.
Ms. Méndez: We will now begin Planning & Zoning items, and I'll state the procedures to be followed during this portion. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on the items on the agenda today. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 2860115 and Section 7.1.45 of the Miami 21 Zoning Code. Staff will briefly present each item to be heard for applications requiring City Commission approval. The applicant will then present its application or request
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to the City Commission. If the applicant agrees with staff recommendation and no one from the public wishes to speak for or against the item, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have, and the public may speak, as stated before. The order of presentation shall be as described in the City Code and the Miami 21 Code. Members of the public will be permitted to speak through the Chair for not more than two minutes each, unless modified by the Chair. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you.
Chair Hardemon: Thank you very much. The first item I'm going to call is --
Todd B. Hannon (City Clerk): Excuse me, Chair; if I may administer the oath? Good evening, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand?
The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues.
Mr. Hannon: Thank you, Chair.
PZ.1 ORDINANCE First Reading 15-00977ap AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, APPROVING THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 23.46 ACRES (1,022,917 SQUARE FEET) FOR THE MANA WYNWOOD SPECIAL AREA PLAN ("MANA WYNWOOD SAP"), A MIXED USE DEVELOPMENT COMPRISED OF SELECTED PARCELS, BOUNDED APPROXIMATELY BY NORTHWEST 24TH STREET TO THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 24TH STREET TO THE NORTH, NORTHWEST 6TH AVENUE TO THE WEST, NORTHWEST 22ND STREET TO THE SOUTH, AND NORTHWEST 2ND AVENUE TO THE EAST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE MANA WYNWOOD SAP CONSISTS OF A PHASED PROJECT DIVIDED INTO SIX (6) PARTS WHICH INCLUDES APPROXIMATELY 9,719,083 SQUARE FEET OF DEVELOPMENT CONSISTING OF THE FOLLOWING: A) APPROXIMATELY 3,482 RESIDENTIAL UNITS; B) APPROXIMATELY 8,483 PARKING SPACES; C) APPROXIMATELY 51,146 SQUARE FEET OF CIVIC SPACE; AND D) APPROXIMATELY 168,287 SQUARE FEET OF OPEN SPACE; THE MANA WYNWOOD SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS, WHERE A SECTION IS NOT SPECIFICALLY MODIFIED, THE REGULATION AND RESTRICTION OF THE MIAMI 21 CODE SHALL APPLY; THE SQUARE FOOTAGES ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 9,719,083 SQUARE FEET OF
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DEVELOPMENT; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 15-00977ap 06-23-16 CC FR Fact Sheet.pdf 15-00977ap Analysis, Maps & PZAB Reso.pdf 15-00977ap Application & Supporting Docs.pdf 15-00977ap Legislation (v2).pdf 15-00977ap Exhibit A.pdf 15-00977ap Exhibit B.pdf 15-00977ap Exhibit C.pdf 15-00977ap Exhibit D.pdf 15-00977ap-Submittal-Tom Curitore,Exec. Dir. Wynwood BID-Wynwood BID Resolution in Support of MANA SAP with conditions.pdf 15-00977ap-Submittal-Cecilia Stewart-Commission Meeting minutes and photos.pdf 15-00977ap-Submittal-Bernard Zyscovich-Mana Wynwood PowerPoint.pdf
LOCATION: Approximately Northwest 24th Street to the north, Northwest 6th Avenue to the west, Northwest 22nd Street to the south and Northwest 2nd Avenue to the east [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Iris Escarra, Esquire on behalf of Manningan Holdings, LLC, Marcella Realty, LLC, Megan Holdings, LLC, Melanie Holding, LLC Mizrachi Holdings, LLC, Wynwood Holdings, LLC, 2294 NW 2 Avenue Property LLC, Mapton Holdings, LLC, Malux Realty LLC, Milana Holdings LLC and Millie Realty LLC
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with conditions on March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow the area to be Master Planned to allow a greater integration of public improvements and infrastructure and greater flexibility as part of the Mana Wynwood SAP.
Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.1 was continued to the June 23, 2016 Planning and Zoning Commission Meeting.
Chair Hardemon: Let's call -- I want to call PZ.1.
Commissioner Gort: That's from the little one.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: You can't hear them very well. Yes, ma'am. Is it from here or from --
Unidentified Speaker: (UNINTELLIGIBLE).
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Chair Hardemon: -- all across the board? No problem.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: We need longer microphones, maybe. Yes, ma'am.
Vice Chair Russell: Hello. It's so good to see you.
Chair Hardemon: I want to call PZ.1. Are the representatives for -- Great; the representatives for PZ.1 are here. Let me -- one second. Okay, so board members, like I said, in the same spirit, I'm trying to save us as much time as possible. I appreciate your indulgence earlier. I had some conversations with this applicant, and there are some things that really -- that come to my mind that I think that they're willing to discuss moving forward. And so what I'd like to do, just so you understand where I'm coming from, the SAP (Special Area Plan) for Mana Wynwood is a tremendous project for that community, and it can have many more benefits than I think what are established within its Development Agreements. And so I think that it would be proper -- and I don't think I have any objection from the applicant -- that some things, such as we start a discussion for responsible wages, SBE (Small Business Enterprise) requirements, payments for affordable housing and training, local hiring, and such. And I know that sometimes, it can be a challenge to make those things work, and so even having some discussion with staff -- and I'm saying "staff," meaning Francisco -- using some creative way to make it work, such as some up-zoning by right rather than by too much bonus, et cetera. And so, what I'm asking for is a continuance, so that the board members -- so that the applicant has an opportunity to discuss these things with Planning, with Mr. Francisco Garcia's team, and some periodic meetings with me. So with that being said, obviously, I've had an opportunity to sit down with them to have some preliminary discussions about the issue. And that is my disclosure regarding this. So I would love if there was a motion to continue that was in that same spirit as I've just explained.
Vice Chair Russell: Move it.
Commissioner Gort: Second.
Chair Hardemon: It's been properly moved and seconded; moved by the Vice Chairman and seconded by Commissioner Gort.
Todd B. Hannon (City Clerk): And Chair, I'm sorry, if I may? PZ.1 and PZ.2 are companion items, so that motion to continue is for items PZ.1 and PZ.2.
Chair Hardemon: It does apply for PZ.1 and PZ.2. And I'll give you an opportunity to speak if you want to say just a brief few words.
Iris Escarra: Iris Escarra, with offices at 333 Southeast 2nd Avenue. We have no objection. We appreciate the opportunity to continue to work with you to make sure that it's as comprehensive as possible. Thank you.
Chair Hardemon: Thank you so much. Any further discussion on this issue?
Francisco Garcia (Director, Planning & Zoning): If I may, sir? Would you please specify the date so that we may have that on record?
Mr. Hannon: Excuse me, Chair. We basically continued the item, Mr. Planning Director, and it's been continued to the Planning & Zoning meeting for June 23.
Mr. Garcia: Thank you.
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Chair Hardemon: That's what I thought.
Ms. Escarra: Yes.
Chair Hardemon: And so, Mr. Francisco, if you're able to meet with them -- I'm sure they'll meet with me again, most likely, and we'll start the discussion about what it is that we're looking for to make this a win-win. Am I speaking into the mike well enough for you, ma'am? Yes? Okay. Any further discussion on the issue?
Commissioner Suarez: Put your back into it.
Chair Hardemon: I know; I'm trying to; I'm leaning forward. I'm short from like here down.
Commissioner Suarez: Your torso; they call it "torso."
Chair Hardemon: Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Ms. Escarra: Thank you.
Chair Hardemon: Thank you. Motion passes; that's PZ.1 and PZ.2.
PZ.2 ORDINANCE First Reading 15-00977da AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE MANA WYNWOOD APPLICANT ENTITIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI, FLORIDA, RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 23.46 ± ACRES FOR THE MANA WYNWOOD SPECIAL AREA PLAN ("MANA WYNWOOD SAP"), COMPRISED OF SELECTED PARCELS, BOUND APPROXIMATELY BY NORTHWEST 24TH STREET TO THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 24TH STREET TO THE NORTH, NORTHWEST 6TH AVENUE TO THE WEST, NORTHWEST 22ND STREET TO THE SOUTH, AND NORTHWEST 2ND AVENUE TO THE EAST, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, FOR THE PURPOSE OF THE REDEVELOPMENT OF THE SELECT PARCELS FOR MIXED USES; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO: RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING GARAGE AND ANY OTHER USES AUTHORIZED BY THE MANA WYNWOOD SAP, AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FUTURE LAND USE MAP DESIGNATION AND THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AUTHORIZING A DENSITY OF APPROXIMATELY 150 UNITS PER ACRE; AUTHORIZING A BUILDING HEIGHT OF BETWEEN 1 AND 24 STORIES BASED ON THE TRANSECT ZONE, INCLUSIVE OF AVAILABLE BONUSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
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EFFECTIVE DATE.
15-00977da 06-23-16 CC FR Fact Sheet.pdf 15-00977da Legislation (v1).pdf 15-00977da Exhibit A.pdf 15-00977da Exhibit B.pdf 15-00977da Exhibit Development Agreement.pdf 15-00977da-Submittal-Tom Curitore,Exec. Dir. Wynwood BID-Wynwood BID Resolution in Support of MANA SAP with conditions.pdf 15-00977da-Submittal-Cecilia Stewart-Commission Meeting minutes and photos.pdf 15-00977da-Submittal-Bernard Zyscovich-Mana Wynwood PowerPoint - Copy.pdf
LOCATION: Approximately Northwest 24th Street to the north including specific parcels fronting Northwest 24th Street to the north, Northwest 6th Avenue to the west, Northwest 22nd Street to the south and Northwest 2nd Avenue to the east. [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Mana Wynwood SAP applicant entities as described in Exhibit "A" and the City of Miami.
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval.
PURPOSE: This will allow the area to be Master Planned to allow a greater integration of public improvements and infrastructure and greater flexibility as part of the Mana Wynwood SAP.
Motion by Vice Chair Russell, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.2 was continued to the June 23, 2016 Planning and Zoning Commission Meeting.
Note for the Record: Please see Item PZ.1 for minutes referencing Item PZ.2.
PZ.3 ORDINANCE Second Reading 15-00924zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES" AND ARTICLE 5, ENTITLED "SPECIFIC TO ZONES", TO REVISE LOT AREA AND LOT WIDTH MINIMUMS AND MAXIMUMS FOR T4, T5, AND T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
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15-00924zt 05-26-16 CC Fact Sheet.pdf 15-00924zt Analysis, Maps & PZAB Reso.pdf 15-00924zt Legislation (v2).pdf 15-00924zt Exhibit.pdf
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September 2, 2015, by a vote of 7-1.
PURPOSE: This will modify minimum and maximum lot area and widths in order to encourage appropriate development based on density and intensity regulations.
Motion by Commissioner Gort, seconded by Vice Chair Russell, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez Note for the Record: Item PZ.6 was indefinitely deferred to a City Commission meeting agenda six (6) months from today's meeting as a placeholder. Please note that this item can be brought back at any time within the six (6) months if requested.
Chair Hardemon: Mr. Garcia, you're recognized.
Francisco Garcia: Yes, sir. Thank you very much. For the record, Francisco Garcia, Planning & Zoning director. There are also a couple of items on the Planning & Zoning agenda that we would like to request a continuance for -- as pertains to item PZ.3. And for the reference of those who may be interested in this item, that happens to be the amendment to Miami 21 that deals with minimum lot sizes and lot frontages citywide. We are requesting that this item be continued -- rather, deferred indefinitely -- for a period of approximately six months. And for the benefit of the public, our intent is in those six months, to gather evidence as a result of the submittal of re-platting documents that will assist us in further determining whether this amendment, as proposed, makes sense or does not; and then, we will come back to this Commission and present those findings in approximately six months. If that is your pleasure, our request is to continue the item then; or, in fact, the specific terminology is to indefinitely defer the item, which means in six months, we will come back to you with our report.
Chair Hardemon: It is the move -- I mean is there -- anyone want to carry this motion?
Commissioner Gort: Move it.
Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Any further discussion on that? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Gort: Going to lose a Commissioner.
Chair Hardemon: Motion passes. Huh?
Commissioner Gort: You going to lose Commissioners.
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Chair Hardemon: No, we -- I mean, we're continuing, so I don't know what we have now.
Unidentified Speaker: You have one more.
Chair Hardemon: We have one more?
Mr. Garcia: And one more item, sir. I believe it was Commissioner --
Todd B. Hannon (City Clerk): Excuse me. Chair, I believe a gentleman from the public did want to speak on the indefinite deferral.
Chair Hardemon: I'll allow -- you know, typically, because it's procedural, we don't allow people to speak, but I -- hear what I'm saying; give me a second -- but I will allow you to speak on it, because if we're deferring it indefinitely, it could be a very long time till it comes back. So, please, if you have some words that you want to add to the record, you can.
Commissioner Suarez: Can I just say one thing on this, too?
Chair Hardemon: Yeah.
Commissioner Suarez: Go ahead, let -- go ahead, sir, because you --
Chair Hardemon: No --
Commissioner Suarez: -- been waiting for a long time. I just -- go ahead. Please, go ahead; and I'll say -- I'll be very brief right after you.
Chair Hardemon: Your name and address for the record, too.
Daniel Siberio: Thank you. It's going to be very short. Daniel Siberio, 1878 Coral Way. I've met with several of you on this issue. It's very simple: This ordinance will probably lower property values in the City of Miami for several billion dollars. The moment you restrict T4, T5, T6-8, T6-12, and increase the minimum lot sizes, you're expropriating not just property values, but you're destroying the property values. You know, if this ordinance, in any form, shape, actually gets on the books, and all of a sudden -- and there's a lot of complexity with Miami 21 as it is now -- you're going to see probably adjustments going through the Value Adjustment Board, because everyone will see their property values cut in half; it's that simple. I'm a CPA (Certified Public Accountant), financial advisor; I've already analyzed this. I've talked to a lot of developers.
Barnaby Min (Deputy City Attorney): Mr. Chair, if I may, just as a clarification? This matter is not being addressed today, so I would suggest the substance does not need to be considered.
Mr. Siberio: Well, you know --
Chair Hardemon: I --
Commissioner Gort: If you would (UNINTELLIGIBLE).
Mr. Siberio: Okay.
Chair Hardemon: -- I'm give -- I'm just trying to give him --
Mr. Siberio: Thank you for the latitude, because there isn't an economic impact study on this at this point; and further, you know, there was a town hall meeting that was promised the last time
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around that hasn't taken place. But any developer you talk to and any property owner, commercial property owner -- and this affects all the properties that are basically on the main avenue -- will tell you this is not positive in any shape, form. Thank you very much.
Chair Hardemon: Thank you very much, sir. Commissioner Suarez.
Commissioner Suarez: No, I was going to say I continue to not be in favor of it. I think we expressed a lot of hesitation at the last meeting about this. So, I mean, I have a tremendous amount of respect for our Planning director. He has not yet convinced me of the merits of this. I still get the same number of calls, the same number of -- everything is the same. So as far as I'm concerned, it hasn't changed. I'm not so sure six months is going to make any difference, but I will say this: I would not be inclined beyond six months to -- you know, I think we have, I think, deferred this three times. And, you know, I don't -- I -- my mind hasn't been changed. No one that I've talked to has had their mind change on this issue.
Chair Hardemon: Thank you.
Commissioner Suarez: And, you know, it's a tall order, but he knows it, because I've told him, so.
Chair Hardemon: Thank you. You want to say something, too?
Commissioner Carollo: Not about this item.
Chair Hardemon: Oh, okay. So we're moving fast; we're getting through some things.
PZ.4 ORDINANCE First Reading 16-00051lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE APPROXIMATELY 1.3 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 220 AND 226 NORTHWEST 16TH STREET, 1514 AND 1540 NORTHWEST 2ND AVENUE, 211, 217, 229, 230, AND 237 NORTHWEST 15TH STREET, AND 1507 AND 1515 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 16-00051lu 06-23-16 CC SR Fact Sheet.pdf 16-00051lu Analysis, Maps & PZAB Reso.pdf 16-00051lu Application & Supporting Docs.pdf 16-00051lu Legislation (v2).pdf 16-00051lu Exhibit.pdf
LOCATION: Approximately 220 and 226 Northwest 16th Street, 1514 and 1540 Northwest 2nd Avenue, 211, 217, 229, 230, and 237 Northwest 15th Street, and 1507 and 1515 Northwest 3rd Avenue. [Commissioner Keon Hardemon -
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District 5]
APPLICANT(S): Vicky Leiva, Esquire, on behalf of the Lotus Endowment Fund
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 16-00051zc. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow the land use designation of the properties identified to change from "Medium Density Restricted Commercial" and "Restricted Commercial" to "Major Institutional, Public Facilities, Transportation and Utilities".
Motion by Vice Chair Russell, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Chair Hardemon: So the first item I want to bring our attention to is PZ.4. PZ.4 is the land use -- Lotus Village. The item has previously been heard on public hearing. Today, you are here on your first reading, once again. At this time, I appreciate you reaching out to the community like you said you would do. I would love to have more time to sit down with you all. I want to sit down with you all between this first reading and the second reading. And once again, I appreciate all the, you know, input that you sat through and you worked out. I know that we didn't have an opportunity to sit down, and therefore, in that good faith, I'm asking for the Commissioners to move --
Vice Chair Russell: Move it.
Chair Hardemon: -- this item. So it's been properly moved and seconded.
Commissioner Suarez: Second.
Chair Hardemon: And is there any further discussion on this item? Seeing none --
Todd B. Hannon (City Clerk): Excuse me, Chair. Mr. City Attorney --
Chair Hardemon: He has to read it into the record.
Mr. Hannon: Well, not only that, but do we need to have a public hearing?
Commissioner Suarez: I think we had it last --
Mr. Hannon: I know we had a public hearing before, but there may be new people here today; just to go through the procedural steps.
Barnaby Min (Deputy City Attorney): The statute requires that the public has a right to be heard prior to City Commission action, so if the public hearing has been opened -- I believe it was opened and closed at the last meeting.
Chair Hardemon: That is correct.
Mr. Hannon: Thank you, Chair.
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Chair Hardemon: And so -- and I always make this -- I want to make this very clear to everyone. What that means is that any time you have a sequence of meetings regarding an issue that needs to be passed, if I open up the public hearing and close it -- for instance, at the first hearing, which was last time -- I do not necessarily have to open it up -- or I do not -- I read that -- I do not have to open it up for a public hearing a second or a third time; just that one time; just once in a sequence of its passage. But in the City of Miami, we do encourage listening to the thoughts of our community members. Today is one of those days where we're trying to respect everyone's time, and so I appreciate the time that you've given us, and we're going to grant you this request, hopefully, when everyone votes, because of the time that you've been here and the time that you've dedicated to making this work. Okay? So can we go to the vote now?
Mr. Hannon: Actually, the City Attorney will read the title into the record.
Mr. Min: Yes. Was there a motion and a second?
Mr. Hannon: Yes, sir.
Commissioner Suarez: Yes.
Chair Hardemon: Yes.
Commissioner Carollo: Yes.
Mr. Min: PZ.4.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item --
Commissioner Gort: Before -- wait a minute. Let me disclose the Jennings. I did have a meeting with individuals, representatives, and they showed the map and the architecture of the building.
Mr. Hannon: Continuing with the roll call on item PZ.4.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0.
PZ.5 ORDINANCE First Reading 16-00051zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1.3 ACRES FROM T5-L "URBAN CENTER ZONE - LIMITED" AND T5-O "URBAN CENTER ZONE - OPEN" TO CI "CIVIC INSTITUTION", FOR THE REAL PROPERTIES LOCATED AT APPROXIMATELY 220 AND 226 NORTHWEST 16TH STREET, 1514 AND 1540 NORTHWEST 2ND AVENUE, 211, 217, 229, 230, AND 237 NORTHWEST 15TH STREET, AND 1507 AND 1515 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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16-00051zc 06-23-16 CC SR Fact Sheet.pdf 16-00051zc Analysis, Maps & PZAB Reso.pdf 16-00051zc Application & Supporting Docs.pdf 16-00051zc Legislation (v2).pdf 16-00051zc Exhibit.pdf
LOCATION: Approximately 220 and 226 Northwest 16th Street, 1514 and 1540 Northwest 2nd Avenue, 211, 217, 229, 230, and 237 Northwest 15th Street, and 1507 and 1515 Northwest 3rd Avenue. [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Vicky Leiva, Esquire, on behalf of the Lotus Endowment Fund
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 16-00051lu. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 2, 2016, by a vote of 11-0.
PURPOSE: This will allow for a zoning classification change of eleven (11) parcels from "T5-L" Urban Center Zone - Limited and "T5-O" Urban Center Zone - Open to "CI" Civic Institution.
Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon
Commissioner Suarez: Move PZ.5.
Vice Chair Russell: I knew you wore that pink tie for a reason.
Commissioner Carollo: Second.
Commissioner Suarez: You showed your card there, buddy. You showed your cards there, buddy. You showed the cards.
Applause.
Chair Hardemon: PZ.5. That doesn't mean that I'm not going to be tough when I'm negotiating with her. PZ.5 -- Oh, it's already been moved and seconded.
Commissioner Suarez: Move the item.
Commissioner Carollo: And I second.
Chair Hardemon: Can you read the title into the record?
Commissioner Suarez: Yeah.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Todd B. Hannon (City Clerk): Roll call --
Commissioner Gort: I'm sorry, I didn't get that. Could you repeat it?
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Commissioner Suarez: What'd he say?
Chair Hardemon: Roll call vote.
Mr. Hannon: -- on item PZ.5.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on first reading, 5-0.
Constance Collins: Thank you.
Chair Hardemon: Thank you.
Ms. Collins: Thank you so much.
Applause.
Chair Hardemon: I wear a "large" shirt, by the way.
Commissioner Suarez: That was a lot easier than last time, huh?
Commissioner Gort: What was the item at 2 o'clock in the morning?
Vice Chair Russell: We have shade meetings, too, don't we?
Chair Hardemon: Right. We're now going to -- I'm helping these things move through, so we're not -- probably going to -- we're not going to have our shade meetings?
Commissioner Suarez: Not really.
PZ.6 ORDINANCE Second Reading 16-00054zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY .34 ACRES FROM T5-L "URBAN CENTER TRANSECT ZONE - LIMITED" TO T5-O "URBAN CENTER TRANSECT ZONE - OPEN" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 712 SOUTHWEST 7TH STREET AND 704 SOUTHWEST 7TH AVENUE, AND CHANGING THE ZONING CLASSIFICATION FOR THE PROPERTY LOCATED AT 701 SOUTHWEST 8TH STREET FROM T6-8-O "URBAN CORE TRANSECT ZONE - OPEN" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 16-00054zc 05-28-16 CC Fact Sheet.pdf 16-00054zc Analysis, Maps & PZAB Reso.pdf 16-00054zc Application & Supporting Docs.pdf 16-00054zc Legislation (v4).pdf 16-00054zc Exhibit.pdf 16-00054sc-Submittal-Substitute for the back up document CIty Commission Fact Sheet.pdf
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LOCATION: Approximately 712 Southwest 7th Street, 704 Southwest 7th Avenue, and 701 Southwest 8th Street [Commissioner Frank Carollo - District 3]
APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of Miami Automotive Retail, Inc.; MAR 704, LLC, and 701 Assoc., LLC
FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on March 16, 2016, by a vote of 7-1.
PURPOSE: This will allow the change of the zoning designation from T5-L "Urban Center Transect Zone Limited" to T5-O "Urban Center Transect Zone - Open" for 704 SW 7th Avenue and 712 SW 7th Street, and T6-8-O "Urban Core Transect Zone Open" to T6-8-O "Urban Core Transect Zone - Open" for 701 SW 8th Street.
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
13609
Chair Hardemon: I first want to recognize an individual that's in here today. This gentleman is a former Commissioner for the City of Miami; represented District 5. Commissioner Allen, please. Everyone --
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: No, absolutely. Everyone, please, just give him a round of applause. It's hard to be Commissioner Allen.
Applause.
Chair Hardemon: Okay. PZ (Planning & Zoning) --
Commissioner Gort: I thought (INAUDIBLE).
Chair Hardemon: -- was that 6?
Commissioner Carollo: Are we going to do RE.3?
Chair Hardemon: Wait. Did we -- well, we voted on it. We voted on the --
Todd B. Hannon (City Clerk): The last PZ item is PZ.6.
Chair Hardemon: Right; so indefinite deferral. And then is there something on PZ.6?
Francisco Garcia (Director, Planning & Zoning): No, sir. I was simply bringing to your attention that earlier today, Commissioner Carollo indicated he would be moving to continue, perhaps, item PZ.7, and I wanted to bring that up for a discussion.
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Commissioner Carollo: According to the City Clerk, PZ.7 has been continued.
Chair Hardemon: That's correct.
Mr. Hannon: Yes, we continued PZ.7.
Commissioner Suarez: Yeah, we did.
Commissioner Carollo: PZ.7.
Commissioner Suarez: I think you may have not been on the dais when it happened.
Chair Hardemon: Right, he was not.
Commissioner Carollo: Right.
Chair Hardemon: So PZ.6?
Mr. Garcia: No, I'm sorry. I will say again -- and if I'm mistaken, please correct me -- my understanding is that this morning, prior to the Planning & Zoning meeting being opened, reference was made to the fact that PZ.7 might be continued --
Commissioner Suarez: Right.
Mr. Garcia: -- but it has not been yet.
Commissioner Suarez: No, I actually made the motion before, I think, you got up here, and we moved -- we did it quickly.
Mr. Garcia: My apologies. Thank you.
Chair Hardemon: So PZ.6.
Mr. Garcia: PZ.6 is the last remaining Planning & Zoning item; yes, sir. I'll read it into the record briefly, and defer to the applicant for the sake of expediency. Item PZ.6 is before you on second reading. It is a rezoning proposal for parcels at 712 Southwest 7th Street;, 704 Southwest 7th Avenue; and 701 Southwest 8th Street. The requested zoning changes are from T5-L to T5-O on the parcel fronting 7th Street; and from T6-8-O to T6-8-L, I believe; however, our recommendation is that it remain T6-8-O, as it presently is, and that pertains to the two parcels that front on 8th Street. That is our recommendation. It is recommended for approval by the Planning & Zoning Department, as it was by the Planning, Zoning & Appeals Board and this Commission on first reading. I'll yield to the applicant and be happy to answer any questions.
Commissioner Carollo: And Mr. Chairman, before we begin, I need -- I want to make a Jennings disclosure. Sometime yesterday afternoon, I spoke with Ms. Tapanes to verify that she has reached out to the community. I believe in the last meeting, there was community members that wanted to be able to be heard, or at least wanted to discuss the issue with them. So I reached out to her yesterday to verify that she has reached out, and everyone that wanted to speak that was in the last meeting got a chance to either meet with them, or discuss the item with them. Thank you.
Chair Hardemon: No problem. Is there anything -- well, this is the second reading on this, so either we can go to the applicant, or if there's a --
Commissioner Suarez: Move it -- oh, no, I'm sorry.
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Commissioner Carollo: I'll move it.
Commissioner Suarez: Second.
Chair Hardemon: Been properly moved and seconded that we --
Melissa Tapanes Llahues: If I may, please?
Chair Hardemon: -- pass PZ.6. We're going to open up the public hearing, so this is the public hearing time at this point. Anyone from the public would like to speak?
Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. Commissioner Carollo is right. One -- I'm one of those persons who was speaking in the last meeting, and they reached out to us and they were able to clarify a lot of our questions, and we were able to speak for those who were concerned about what it was built. And I guess one of the reasons that we were not sure about what he was building is because the presentation was never -- you know -- was never done, because it was midnight. And, yes, Ms. Tapanes reached out to all of us and actually answered all our questions.
Chair Hardemon: Thank you so very much. Sir, you're recognized.
Miguel Soliman: Good afternoon. Miguel Soliman, 1436 Southwest 6th Street. Mr. Chairman, Commissioners, I want to first of all thank you very much, Commissioner Carollo, for giving the public -- for giving us the opportunity to look further into this. I also want to recognize and thank Ms. Tapanes and Mr. Murgado. They were very kind and shared their time with us and showed us the project; explained to us, and it seems like a good fit for the community. And again, I just want to say thank you very much. And I agree with the project and I approve the project. Thank you all.
Chair Hardemon: Any other persons? Seeing none, I'll close the public hearing.
Commissioner Suarez: Just --
Chair Hardemon: You're recognized, Commissioner Suarez.
Commissioner Suarez: -- you want to -- I'll defer to you if you want. Go ahead.
Commissioner Carollo: No, I just wanted to say that it's -- what I spoke about at the last meeting. Yes, I did get it. It was midnight or just about -- almost midnight. But I mentioned to everyone that was concerned or had any concern, between first and second reading, you will have the opportunity to get any answers that you're seeking, or at least have clarification. And true to my word, yesterday, I reached out to Ms. Tapanes and said, "I will make a Jennings disclosure," and for the most part -- and I think my colleagues know this -- when it's Jennings issues, I usually don't deal with anybody or meet with anybody, but I've made that disclosure just to verify that everyone got their answers that they were seeking, or at least the clarification they were seeking, so I'm glad that that occurred.
Commissioner Suarez: Yeah. And I'll just say I want to thank the members of the community who listened, because a lot of times, you know, there's closedmindedness that happens sometimes, and they looked with an open mind. And I want to thank the applicant, too, because I didn't say this the last time, because it was midnight, and we were sort of tired. But, you know, Mr. Murgado is someone who has invested a tremendous amount in making 8th Street look beautiful. And, you know, in some cases, when it was sort of falling down and 8th Street was not doing too well, he was one of the few people who really stuck with it and had spent a lot of
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money improving the property and keeping it and maintaining it at a very high level and high caliber, and I think that that was something that we all recognized. And we didn't say it, because it was very late, but it's worth saying now.
Chair Hardemon: Any further discussion? Seeing none, I believe -- you want this read into the record?
Barnaby Min (Deputy City Attorney): Yes.
The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min.
Mr. Hannon: Roll call on item PZ.6.
A roll call was taken, the result of which is stated above.
Mr. Hannon: The ordinance passes on second reading, 5-0.
Ms. Tapanes Llahues: Thank you.
PZ.7 ORDINANCE First Reading 16-00401zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS", TO ADD SUBSECTION 3.6.1(f); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 16-00401zt 06-23-16 CC FR Fact Sheet.pdf 16-00401zt PZAB Reso.pdf 16-00401zt Legislation (v3).pdf
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with the condition the process employed be that of an Exception, on April 6, 2016, by a vote of 7-3.
PURPOSE: This will amend Article 3, adding Section 3.6.1 (f) to the Zoning Ordinance, in order to allow a property in a T3 Transect Zone to satisfy some of the parking requirements of a project on an abutting T6 Transect Zone, through the Warrant process, in accordance with certain criteria.
Motion by Commissioner Suarez, seconded by Chair Hardemon, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.7 was continued to the June 23, 2016 Planning and Zoning Commission Meeting.
Chair Hardemon: There's a --
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Commissioner Gort: Hey, come on, don't --
Chair Hardemon: -- PZ.7 is a time certain at 5:30.
Unidentified Speaker: (UNINTELLIGIBLE).
Chair Hardemon: So I'm going to switch over to the Planning & Zoning meeting. And wasn't there -- for my edification, wasn't there a PZ (Planning & Zoning) --
Commissioner Suarez: No, it's not PZ.7.
Chair Hardemon: -- item that was continued --
Commissioner Suarez: I think you meant PZ.4.
Chair Hardemon: -- or --?
Commissioner Suarez: I think you meant PZ.4. No, PZ.7 is going to be deferred.
Chair Hardemon: I have --
Commissioner Suarez: PZ.7 -- do --
Chair Hardemon: -- that's not --
Commissioner Suarez: -- you want me to defer PZ.7?
Chair Hardemon: Okay. I thought it was PZ.7 that was being deferred.
Commissioner Suarez: Yeah.
Chair Hardemon: Is that true?
Commissioner Suarez: I think -- yeah, Commissioner Carollo had asked for a 30-day deferral, if I'm not mistaken.
Chair Hardemon: Okay. So --
Commissioner Suarez: He had announced it earlier in the meeting. So I'll move to defer PZ.7 for 30 days.
Chair Hardemon: It's been moved and I'll -- the Chair seconds.
Commissioner Suarez: Okay.
Chair Hardemon: Any further discussion on that?
Commissioner Suarez: No.
Chair Hardemon: Motion passes.
Commissioner Suarez: Thank you.
Chair Hardemon: That's PZ.7, so that's a deferral.
END OF PLANNING AND ZONING ITEMS
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MAYOR AND COMMISSIONERS' ITEMS CITYWIDE
HONORABLE MAYOR TOMAS REGALADO
END OF CITYWIDE ITEMS DISTRICT 1
COMMISSIONER WIFREDO (WILLY) GORT
END OF DISTRICT 1 DISTRICT 2
VICE CHAIR KEN RUSSELL
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 16-00787 A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, JUNE 9, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET AL. V. FLORIDA POWER & LIGHT COMPANY, ET City of Miami Page 196 Printed on 7/6/2016 City Commission Meeting Minutes May 26, 2016
AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL., CASE NO. 15-747, BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 160009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. 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; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN, AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, AND XAVIER E. ALBAN. DISCUSSED
Chair Hardemon: I don't believe that we have any other items, besides what the City Attorney needed to add onto the record. So while you're gathering your things, Madam City Attorney, please.
Victoria Méndez (City Attorney): Yes. I was told Mr. -- okay, never mind. Sorry, Mr. McQueen. Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at City Commission meeting on June 9, 2016, an attorney-client session, closed to the public, for purposes of discussing the pending litigation in the following cases: Miami-Dade County v. Florida Power & Light, Case Number 3D14-1467, before the Third District Court of Appeal; City of Miami versus State of Florida Department of Environmental Protection, Florida Power & Light Company, Case Number 15-747, before the Division of Administrative Hearings; in the matter of Florida Power & Light Company Turkey Point, Units 6 and 7, Docket Numbers 52-040 and 52-041, before the U.S. Nuclear Regulatory Commission; in re: Nuclear Recovery Clause, Docket Number 16009 [sic], before the Florida Public Service Commission. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 2 or 3 p.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; myself, the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; Litigation Chief Christopher Green; and Assistant State Attorneys Kerri L. McNulty and Xavier Alban. A certified court reporter will be present to ensure the session is fully transcribed and be made public upon conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney-client session.
NA.2 DISCUSSION ITEM 16-00788 A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, JUNE 9, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE
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ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION; VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION, CASE NO. 3D15-2824, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY, CASE NO. 3D16-866, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, , CASE NO. 3D16-900, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. VILLAGE OF KEY BISCAYNE, CASE NO. 3D16-1019, BEFORE THE THIRD DISTRICT COURT OF APPEAL; AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 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; DIVISION CHIEF FOR LAND USE/TRANSACTIONAL MATTERS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND AMANDA L. QUIRKE-HAND. DISCUSSED
Victoria Méndez (City Attorney): Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at the City Commission meeting of June 9, 2016, an attorney-client session, closed to the public, be held for purposes to discuss the pending litigation in the following cases: Village of Key Biscayne versus City of Miami, Case Number 15-200 AP, before the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Appellate Division; Village of Key Biscayne versus City of Miami, National Marine Manufacturers Association, Case Number 3D15-2824, before the Third District Court of Appeal; City of Miami, Village of Key Biscayne and Miami-Dade County, Case Number 3D16-866, before the Third District Court of Appeal; City of Miami versus Village of Key Biscayne, Case Number 3D16-900, before the Third District Court of Appeal; City of Miami, Village of Key Biscayne, Case Number 3D16-1019, before the Third District Court of Appeal; and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA 09, before the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, to which the City is presently a party. The subject of this meeting will be confined to settlement negotiations and strategy discussions. It will begin at approximately 2 or 3 p.m., as soon thereafter the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission and it's all five members of the City Commission; the City Manager, Daniel J. Alfonso; myself, the City Attorney; Deputy City Attorneys John Greco and Barnaby L. Min; Division Chief for Land Use and Transactions, Rafael Suarez-Rivas; Assistant State Attorneys Kerri McNulty and Amanda Quirke Hand. A certified court reporter will be present to ensure the session is fully transcribed. The transcript
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will be made public upon the conclusion of the litigation. And 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.
NA.3 DISCUSSION ITEM 16-00789 A MEETING OF THE CITY OF MIAMI COMMISSION HAS BEEN SCHEDULED FOR THURSDAY, JUNE 9, 2016, AT THE CITY OF MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. A PRIVATE ATTORNEY-CLIENT SESSION WILL BE CONDUCTED UNDER THE PARAMETERS OF §286.011(8), F.S. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF: JAMES EDWARD HOEFLING, JR. V. CITY OF MIAMI, ET AL., CASE NO. 11-22358-CIV-LENARD/GOODMAN, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. 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, WHICH INCLUDE 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; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEYS DOUGLAS A. HARRISON AND FORREST L. ANDREWS. DISCUSSED
Victoria Méndez (City Attorney): One more. Last one; I apologize. Member -- Mr. Chairman and members of the Commission, pursuant to provisions of Section 28.011(8) [sic] Florida Statutes, I am requesting that the City Commission meeting of June 9, 2016, an attorney-client session, closed to the public, for the purposes of discussing the pending litigation in the following case: James Edward Hoflin, Jr. versus City of Miami, Ricardo Roque, and Jose Gonzalez, Case Number 11-22358, Civil Division, Lenard/Goodman, before the United States District Court for the Southern District of Florida. The subject of the meeting will be confined to settlement negotiations and strategy sessions related to litigation expenditures. The private meeting will be between 2 to 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, including Chairman Hardemon, Vice Chairman Russell, Commissioners Gort, Carollo, Suarez; the City Manager Alfonso; myself, the City Attorney; Deputy City Attorneys Greco and Min; Litigation Chief Green; and Assistant Attorneys Douglas, Harrison, and Andrews. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public at the conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the session. Thank you.
Chair Hardemon: Okay. Meeting adjourned. The meeting is adjourned.
END OF NON-AGENDA ITEM(S)
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ADJOURNMENT
The meeting adjourned at 9:22 p.m.
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