Loading...
HomeMy WebLinkAboutCC 2020-01-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r�r * I N E 0 R P B R A T E 0 l8 96 1 Meeting Minutes Thursday, January 9, 2020 9:00 AM Regular City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 9, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes. On the 9th day of January 2020, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Vice Chair Russell at 9:05 am., and adjourned at ll:ll a.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:11 a.m., Commissioner Carollo entered the Commission chambers at 9:12 a.m., and Chair Hardemon entered the Commission chambers at 10:34 a.m. ALSO PRESENT. Emilio T. Gonzalez, Ph.D., City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Welcome to another addition of City Hall. Welcome to the January 9, 2020 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Keon Hardemon, our Chairman, who is not with us today; Joe Carollo, Manolo Reyes, Alex Diaz de la Portilla, and me, Vice Chairman, Ken Russell. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. The meeting will be opened with a prayer by the Mayor, followed by the pledge of allegiance, led by Commissioner Diaz de la Portilla. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 6997 Honoree Presenter Protocol Item Zeta Phi Beta Sorority Incorporated Mayor & Commissioner Hardemon Protocol RESULT: PRESENTED 1) Mayor Suarez honored and presented a Proclamation to Zeta Phi Beta Sorority. Zeta Phi Beta Sorority was founded on January 16, 1920 and organized on the campus of Howard University in Washington, D.C. by five illustrious college women of courage and vision, who were Arizona Cleaver, Pearl Anna Neal, Myrtle Tyler, Viola Tyler and Fannie Pettie. Zeta Phi Beta Sorority, Incorporated was more than an organization; it was a movement, a belief system that reflected its core principles, the desire to provide true Service, to embrace Scholarship, to set a standard for Sisterly Love and to define the noble concept of Finer City of Miami Page I Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Womanhood It was the first National Pan -Hellenic Council organization to centralize its operations in a national headquarters; the first to charter a chapter in Africa and the Middle East; the first to be constitutionally bound to a fi^aternity, Phi Beta Sigma Fraternity, Incorporated and the first to form auxiliary groups and Zeta chapters and auxiliaries have given innumerable hours of voluntary service to educate the public, assist youth, provide scholarships, support organized charities, and promote legislation for social and civic change. The Elected Leadership paused in their deliberations of governance to pay tribute and celebrate the dedication of the organization and thereby, proclaimed Thursday, January 9, 2020 as "Zeta Phi Beta Sorority Day" in the City of Miami. Vice Chair Russell: We'll now make the presentations and proclamations. Presentations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Special Meeting - May 8, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon AM.2 City Commission - Regular Meeting - Sep 12, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon AM.3 City Commission - First Budget Hearing - Sep 12, 2019 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon City of Miami Page 2 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 AMA City Commission - Planning and Zoning - Sep 26, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon AM.5 City Commission - Second Budget Hearing - Sep 26, 2019 5:05 PM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon AM.6 City Commission - Special Meeting - Nov 12, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: Can I get a motion please approving the minutes for AMs.l through 6, please? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: It's been moved and seconded by the Chair. Any further discussion? All in favor say "aye. " Vice Chair Russell: Motion passes for AM.1, 2, 3, 4, S and 6. ORDER OF THE DAY Note for the Record. A motion was made by Commissioner Carollo, seconded by Commissioner Reyes, and was passed unanimously, with Chair Hardemon absent, to hear the following items upon the conclusion of the public comment period in the order as listed. MV.1, CA.4, CA.5, RE.3, SR.], SR.2, DI. 7, DI.4, BC.1 and DI. 8. Vice Chair Russell: Thank you very much. We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. City of Miami Page 3 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code 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 Ojfice, or online at municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the Code in writing. A copy of this Code section is available in the Office of the City Clerk, or online at municode.com. Pursuant to Section 4-G -- I'm sorry, Section 4(g)(5) of the City Charter, the Mayor may veto certain items approved by the City Commission within 10 calendar days following the Commission action. The City Commission may, after a veto occurs, override such veto by a four -fifths vote of the Commission then present. The material for each item on the agenda is available during the business hours at the City Clerk's Office, and online 24 hours a day at 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 such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested through the Office of Communications, or viewed online at miamigov.com. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst 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 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 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission engages in its annual budget hearings. 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. Chairman. Vice Chair Russell: Thank you, Mr. Attorney. Later Vice Chair Russell: Good morning, Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners, Madam City Attorney and Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: to be deferred to our meeting on the 23rd of this month is CA.2, accepting a grant from the Southeast Sustainability Director's Network; to be withdrawn, RE2, allocating funds to Kristi House; to be deferred to January City of Miami Page 4 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 23, SR.3, temporary moratorium on public storage facilities; and to be deferred to February 13, FR.3, amending the Code Chapter -- Commissioner Reyes: Could you go a little bit slower, sir? Could you go a little bit slower so I can take notes? Mr. Gonzalez: Oh. To be deferred to February 13, FR.3, amending the Code Chapter 22.5, Green Initiatives. That's all I have, Mr. Chairman. Vice Chair Russell: Thank you. Are there any items that the body would like to see deferred, withdrawn or continued? Are there any items that the body would like to see deferred, withdrawn or continued? Commissioner Carollo: I would like is if the Manager could go through again the items that he wants to defer. Mr. Gonzalez: Certainly. To be deferred, CA.2, accepting a grant from the Southeast Sustainability s Network -- Director's Network; to be withdrawn, RE.2, allocating funds to Kristi House; to be deferred, SR.3, temporary moratorium on public storage facilities. Commissioner Carollo: Hold right there, Mr. Manager. This was an item that was placed by the Commission. I was the sponsor of this item. Why are you deferring an item that the Commission put forward? Vice Chair Russell: Commissioner, you're referring to SR.3, moratorium on public storage facilities? Commissioner Carollo: That's right. Vice Chair Russell: Mr. Manager. Commissioner Carollo: And I think we have a set amount of dates as we were asked to put. Vice Chair Russell: Director Garcia, you'd like to address that? Francisco Garcia: Thank you, sir. Francisco Garcia, Planning Director. The answer to that question, Commissioner Carollo, is this: As a second reading item, this would be before you for final action today. The Planning, Zoning and Appeals Board has not had an opportunity yet to provide their advice as they must. For that reason, we are asking that the item be deferred today. We have already scheduled the item before the Planning, Zoning and Appeals Board for the meeting of January 15, coming soon, and it will be back before you for the second reading vote on January 23. In the meantime, however, to accomplish the intent of that ordinance, there is already in place a zoning in progress restriction so no new applications are being accepted. Vice Chair Russell: Thank you. Commissioner Carollo: That's a reasonable explanation. Thank you. Mr. Garcia: Thank you, sir. Vice Chair Russell: Thank you very much. Mr. Manager, after SR.3, FR.3 was the last remaining one, I believe. City of Miami Page 5 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Mr. Gonzalez: FR.3, correct, sir, green initiatives. That'll be deferred to February 13. Vice Chair Russell: Thank you. I'd like to ask if we could defer BC.I until the next meeting, as Commissioner Hardemon's not here and he is the chair of -- chair or our representative on four boards. I think his input on that discussion would be helpful. Commissioner Carollo: Which is BC.1, please? Vice Chair Russell: BC.I is the board appointments. Commissioner Diaz de la Portilla: I object to that. Commissioner Carollo: We'll for the meantime defer on any further deferments from my part into the meeting at a later time. There are some items here that I might want to see deferred, but at this point in time, I am not sure. Commissioner Diaz de la Portilla: You know, my main -- Vice Chair Russell: You're recognized, of course. Commissioner Diaz de la Portilla: -- concern, Commissioner -- Chairman Russell requested that BC.1, the board appointments be deferred -- Commissioner Carollo: No. I'm not -- Commissioner Diaz de la Portilla: -- but I object to that. Commissioner Carollo: -- in agreement with that either. Commissioner Diaz de la Portilla: So you disagree with that also? Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Yeah. Commissioner Reyes: I -- Commissioner Diaz de la Portilla: Do we vote on it now or --? Vice Chair Russell: Not yet. Commissioner Reyes. Commissioner Reyes: Yes. I also -- I think that we have to go ahead with it. We see most of the boards their term finished or ended in November, you see. I agree with Commissioner Diaz de la Portilla. If the problem is with the -- that Commissioner Keon Hardemon is not here, if you want to defer it, I will agree to defer his appointment or (UNINTELLIGIBLE) -- I mean, dealing with that board for next meeting but -- if the Commission approves it. But that's as far as I can go. I think that we should go ahead with it. Vice Chair Russell: My position is that he may be interested in other boards or may not be interested in continuing to chair certain boards and that we need to have that discussion City of Miami Page 6 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 amongst us. If there is an interest in other boards, we sort of work that out. But I think to vote on it without him here, it doesn't give a full representation of all of us. And right now, each one of us is serving as chair or representative on a board. Commissioner Diaz de la Portilla is not specifically named but Commissioner Gort's seats did -- were held by certain boards. Mr. Clerk, would the -- would Commissioner Gort's seat automatically transfer to the District I Commissioner or would it need to be named specifically? You're nodding it would need to be named specifically. Mr. Hannon: Yes, sir. Vice Chair Russell: Got it. I think a discussion is actually healthy to actually get this out and start talking about where these boards may fall and what's important to each of us and what we want to work on together. But when the item comes up, I'll be seeking a deferral until Commissioner Hardemon's with us but I understand where you all are for right now. Are there any other items that anyone would like to see deferred or continued or withdrawn? Hearing none, Mr. Clerk, are you clear on the items? Mr. Hannon: Yes, sir. Is there a motion? Vice Chair Russell: Is there a motion to accept the order of the day, not including BC.1, as stated by the Manager? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner Carollo: Discussion. Vice Chair Russell: Yes. Commissioner Carollo: I want to include, since you're calling it the order of the day -- Vice Chair Russell: Yes, sir. Commissioner Carollo: I'm sorry. I -- this cold just doesn't allow me to speak much louder. Since you're calling the order of the day, then I want to include in the order of the day some items that I'd like to take out of order in the agenda. So let me include the items that I would like to take out of order on the agenda. The -- D1.7 [sic]. Vice Chair Russell: Discussion item, City Manager. Commissioner Carollo: That's correct. Vice Chair Russell: When would you like to request that we take that up? Commissioner Carollo: We take it up first items on the agenda. Vice Chair Russell: We -- the first substantive item we can take up is the mayoral veto. Commissioner Carollo: Well, the mayoral veto, we'll take first, but after that, we take these items. So it'll be D1.7 [sic]; if D1.4 [sic] has to be heard, so be it. So I'm putting D1.4 [sic]; BC.1, the board appointments; and D1.8 [sic], resolution [sic] on keys and proclamations. City of Miami Page 7 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Vice Chair Russell: You'd just like them as soon as possible on the agenda. Commissioner Carollo: No. The minute we're done with the mayoral veto, these items will be heard. Vice Chair Russell: Is that the will of this body? I mean, what we're doing is taking up discussion items before business of the City, so it just -- it'll slow down our day a little bit but if it's the will of this body, we can do it. Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: For discussion, Mr. Chairman. And if the sponsor will be amenable to this, there are a couple of issues -- I had a similar motion in mind. There are a couple of issues that we can -- items we can take up and kind of dispense with them that I think are not controversial and get that work done so we can move some of the items forward. The reappointment of our City Clerk, for example, and the reappointment of our -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: -- City Attorney. These are matters that I think -- the allocation of funds -- of AN (Anti -Poverty Initiative) funds for the LBT (Lesbian Bisexual Transgender) community; these are things that we can do quickly. If you would include it in your motion -- Commissioner Carollo: We should -- Commissioner Diaz de la Portilla: -- in that order and then add your -- Commissioner Carollo: We should put those items forward so that we could have an order of the day of which items we're doing. Commissioner Diaz de la Portilla: We can amend your motion to first include CA.4, CA.5 -- Commissioner Reyes: CA.S. Commissioner Diaz de la Portilla: -- RE (Resolution) -- Commissioner Carollo: I'm sorry. Can you go slower? CA (Consent Agenda) -- Commissioner Diaz de la Portilla: Sure. CA.4 -- Commissioner Carollo: -- 4. Commissioner Diaz de la Portilla: -- CA.S, RE.3 -- Commissioner Carollo: RE.3. Commissioner Diaz de la Portilla: -- SR.1, and we can put the "no meetings on holidays" also, SR.2; not controversial items that we can just get through. Vice Chair Russell: Which item? Commissioner Diaz de la Portilla: SR.1, SR.2. So CA.4, CA.5, RE.3, SR.1, SR.2. These are things that we can dispense of quickly and we can move on to -- City of Miami Page 8 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Carollo: Can I ask you, Commissioner, so I won't have to go into my book -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- if you could -- Commissioner Diaz de la Portilla: Yes, sir. CA.4 is the reappointment of the City Clerk, Todd Hannon. CA.S is the reappointment of City Attorney Victoria Mendez. RE3 is the allocation of funds for the LBGTQ (Lesbian Bisexual Gay Transgender Queer) community. SR.1 is the advisory board for the same community. SR.2 is the no meetings on any holidays. Commissioner Carollo: SR.2 is which one? Commissioner Diaz de la Portilla: The no meetings on any holidays. Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: Clarification. Vice Chair Russell: Is it your request that these come before the discussion items -- Commissioner Diaz de la Portilla: Before -- Vice Chair Russell: -- or after the discussion items? Commissioner Diaz de la Portilla: It will be an amendment to his motion that these will come before and then we take up the Commissioner's motion -- the order of the -- the order the Commissioner made of the other items. Vice Chair Russell: Commissioner Reyes, you'd like to add? Commissioner Reyes: Yes. The only thing that -- I agree with it, I mean, the order of the -- (INAUDIBLE) don't affect the (INAUDIBLE). I mean, it's a mathematical rule, you see. But I want to cosponsor CA.4 and CA.5. Vice Chair Russell: Noted. Commissioner Diaz de la Portilla: Oh, so you're -- I'm sorry, Mr. Chairman. So you're postponing the reappointment of the City Clerk and of the -- Vice Chair Russell: No, no, cosponsor. Commissioner Reyes: Cosponsor. Commissioner Diaz de la Portilla: Oh, cosponsor, okay. Commissioner Reyes: Cosponsor. Commissioner Diaz de la Portilla: Okay, well, I want to be listed also as a cosponsor of that Vice Chair Russell: Thank you. City of Miami Page 9 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Diaz de la Portilla: -- as well. Vice Chair Russell: So order the day specifically is with regard to anything that we would like to defer, withdraw or continue. If it's the will of this body, we can also discuss the order we'd like to take items in so that's fully within this body's purview. And so that's helpful to me so I can run the meeting as efficiently as possible. I'd also like us to take up item RE.S, appointment of the executive director of the DDA (Downtown Development Authority) early this morning as well. We have several members of the DDA as well as the appointee here as well, so we'll be looking to take that one up early on as well. So those items -- Commissioner Diaz de la Portilla: (INAUDIBLE) for discussion. No, for discussion. We're looking at taking up BC.1, which is reappointment of board chairmanships of Commissioners. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: I think that whoever that board -- that Commissioner -- the chairman has a right to go through, decide and be a participate on who the executive director of the Downtown Development Authority will be. Vice Chair Russell: We -- Commissioner Diaz de la Portilla: So I will request that that not be included in the list of items we take up. Vice Chair Russell. So my -- we can take up the substantive discussion of that and whether or not that chairman, which is me currently, would have the ability to select that because it's not a unilateral chairman's ability to (INAUDIBLE) -- Commissioner Diaz de la Portilla: I request that input, Mr. Chairman, input. Vice Chair Russell: Sure. So what we -- we can take those up together, if you'd like, but I think we'll hear at public comment from board members of the DDA on the process that's been gone through to select an executive director at this point. And then we -- it's an item on its own so we will take it up and have that discussion on whether or not it's appropriate to select that person at this point or not. Commissioner Diaz de la Portilla: But it will not be --for clarification purposes, it will not be part of this -- of Commissioner Carollo's motion, as amended? Vice Chair Russell: To bring it up as an expedited item out of order, correct. Commissioner Diaz de la Portilla: We have an established order in the amendment -- in the motion. We have an amended motion and we have an established order. All that comes first and then -- just for clarification -- we could have another motion to bring it up when -- Vice Chair Russell: We could have motions all day long. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: But at the end of the day, the presiding ojficer sets the course of the agenda unless the body would like to hear things out of order. Anyone can move one of their items -- City of Miami Page 10 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: Earlier and at any point, if there is a second to that, it can be taken out of order. Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: So absolutely. The motion under the order of the day will be accepted. It's been moved. Is there a -- Commissioner Diaz de la Portilla: As amended. Vice Chair Russell: Yes. Was there a second to the order of the day? Commissioner Reyes: Yes. Vice Chair Russell: Not yet. Who would like to second the order of the day? Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: Okay. Commissioner Diaz de la Portilla; Commissioner Reyes has second. Commissioner Reyes: But I have -- Commissioner Diaz de la Portilla: It is Commissioner Carollo's motion. Commissioner Reyes: It is Commissioner Carollo. Vice Chair Russell: It's -- okay, fine. Because when I asked for a motion -- Commissioner Reyes: Amended by Diaz de la Portilla, okay. Vice Chair Russell: Mover, Commissioner Carollo -- for the order of the day, the mover is Commissioner Carollo; the seconder is Commissioner Reyes. Commissioner Carollo added amendments; Commissioner Diaz de la Portilla did as well, which are accepted, I assume, by both the mover and the seconder. Commissioner Reyes: That's right and -- Vice Chair Russell: Is there any further discussion? Commissioner Reyes: I also have a request. I know we're going to have a shade meeting and I would like to make sure that in order for us to save money on attorney's fees, that it will be before lunch, okay? Vice Chair Russell: Sure. Commissioner Reyes: You understand what I'm saying that (UNINTELLIGIBLE) -- Vice Chair Russell: That is the plan. It seems everybody up here would like to be the presiding officer. City of Miami Page 11 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Reyes: Oh, okay. Vice Chair Russell: Everyone would like to run the order of the meeting. Mr. Clerk, you have a question. Mr. Hannon: For clarification, so after the mayoral veto, I have CA.4, CA.5, RE.3, SR.1, SR.2, then D1.7, DI.4, which you could say are companion items, BC.1, and then DI.8, in that order after mayoral veto. Vice Chair Russell: Correct. And the substantive items would come before the discussion items, just for clarification? Was that the request? Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: The order that he listed, yes. So the exact order that the Clerk listed right now. Vice Chair Russell: Which had the discussion items coming after -- Commissioner Diaz de la Portilla: Yes, correct. Mr. Hannon: Correct. Yes, sir. Vice Chair Russell: -- the substantive items. Alright, and the substantive items being RE -- CA.4, CA.5, RE.3, SR.1 and SR.2; am I correct? Commissioner Diaz de la Portilla: Correct. Mr. Hannon: Yes, sir. Vice Chair Russell: Alright. I haven't let you guys down, and we've always gotten out of here by dinnertime when we can. Sometimes it gets a little late, but I'd like for your trust in that we will run an efficient meeting in a fair order and we'll all work together on this. Alright. There's a motion and there's a second. There's an amendment that's been accepted. Any further discussion? All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes for the order of the day. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Vice Chair Russell: Now we'll open up public comment for any item on the morning's agenda, which includes the mayoral veto, the CA (Consent Agenda), RE (Resolution), SR (Second Reading) and FR (First Reading) agendas. If there's anyone here who'd like to address this body in the public, please step up to the lecterns at this time for any of the mornings agenda items. Each of you will be given two minutes to speak. You'll hear a -- all you have to do is give your name, the item you're speaking on and go ahead and proceed. You'll hear a little tone at the 30-second mark, which is about the time to start wrapping it up. And please do finish up at the two -minute mark so we can be efficient for everyone's time. Thank you. And for the PZ (Planning & Zoning) item as well, could we hear public comment on that at this point seeing that we've changed the Code with regard to PZ? City of Miami Page 12 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Victoria Mendez (City Attorney): Yes. Vice Chair Russell: We can. You'd need to swear in anyone who wants to speak on a PZ item. Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Russell: Alright. We have one Planning and Zoning item on the agenda today. So if there's anyone here who'd like to speak on that item, when you get to the lectern, you'll be sworn in so just make note of that. Good morning, Mr. Houdard. You're recognized. Philippe Houdard: Good morning. Mr. Commissioners, my name is Philippe Houdard. I'm on the board of the directors of the Miami DDA (Downtown Development Authority). I was also the chairman of the search committee for the next executive director. And I'm here to ask for your votes today to approve Commissioner John Alemdn to be that executive director. We've gone through an extensive process, a national search which lasted over six months with the help of Korn Ferry which is the leading executive search firm which really led this. Commissioner Alemdn is an extraordinary candidate. There are 16 members of the board of the DDA who have unanimously endorsed and very strongly supported her nomination not once but twice. We recently voted again after a significant time with the -- with Commissioner Alemdn to once again support her. Through the process, we took a look and reviewed over 400 candidates. Commissioner Alemdn was the only candidate that this search committee and the full board felt comfortable with. There was nobody else that we felt was capable of reaching to the level necessary for what downtown deserves. The members of the board are very dedicated contributors to downtown. Many of them are business owners, very significant forces in the community. The amount of time that has gone into this process I have never seen ever in any effort that I've been a participant of in the selection and nomination of a candidate. Commissioner Alemdn has nearly 20 years of Fortune 500 experience as an executive. She's been a Commissioner. She understands the blend of the -- and the skills that are necessary. We've taken a deep look at the compensation package with cumulatively comes to $230,000. After conducting a very serious review, we benchmarked it. We feel very comfortable that that compensation package is not only well within reason in as it is structured, but again, the board unanimously voting that this is an absolutely fair package -- Vice Chair Russell: Thank you. Mr. Houdard: -- even on the lower side. So again, recommend that we not postpone it anymore. It's the business of downtown. Vice Chair Russell: Thank you for your comments. Please stick around. There may be some questions as you're the chair of the selection committee -- Mr. Houdard: Yes. Vice Chair Russell: --the transition committee. Please stick around in case when we get to that item there may be some questions for you. Mr. Cruz, good morning. Elvis Cruz: Thank you, Commissioner Russell. Elvis Cruz, 631 Northeast 57th Street. I'm speaking to the personal appearance agenda and the fact that I'm not on it. On May 30, 2019, six months ago, I requested a personal appearance which any resident of the City of Miami is allowed under Section 2-33(f (4). The situation with Morningside pool is beyond bizarre. It has been closed for four years, soon to be five. I have undeniable documented evidence that the City has been irresponsible, dishonest, misleading and financially wasteful. City of Miami Page 13 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 The law provides the City Manager an opportunity to resolve the issue. I met with him and some of his staff members and there has been no resolution. To the contrary, the situation has gotten worse. So Commissioners, I'm asking you to direct staff to place me on the agenda for the next Commission meeting on January 23 so that I can give you a detailed presentation and enlighten you on this deplorable situation. Could you please? Vice Chair Russell: Thank you. Mr. Manager, please do so. Emilio T. Gonzalez (City Manager): I will gladly put you on the next -- Vice Chair Russell: Thank you very much. Mr. Cruz: Thank you, Mr. Chair. Vice Chair Russell: You're on the next agenda. Commissioner Reyes: Mr. Chair, Mr. Chair. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I do remember when you first came in. And as a matter of fact, I gave a directive, as you remember, that you should be placed in the -- as any citizen or resident of the City of Miami has the -- Mr. Cruz: Thank you. Commissioner Reyes: -- right to do. And I directed the City Manager to do it and it never was placed. Okay, I will again give a directive that you should be placed in the agenda as a personal present -- I mean, appearance before this Commission as it is your right. Mr. Cruz: Thank you very much, Commissioner. Vice Chair Russell: Thank you, Mr. Cruz. Commissioner Carollo: Chair. Vice Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: Elvis, how long did you say that you had requested this personal appearance? Mr. Cruz: I have the email dated May 30, 2019, over six months ago. Commissioner Reyes: Let's do it next (UNINTELLIGIBLE). Commissioner Carollo: And in six months, they would not give you a personal appearance. Mr. Cruz: That is correct. I've been here several times asking for it. Commissioner Carollo: This is exactly what's going on in every area, part of our city. I'm glad that you took the initiative to come up here and informed us of it and you saw how quickly they're going to put you in the agenda now or at least they claim to. City of Miami Page 14 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Mr. Cruz: Thank you. In closing, I'd like to wish you all a happy new year. And to our new Commissioner de la Portilla, welcome and I would very much like to meet with you about this issue before that next meeting so I can give you the big picture. Commissioner Diaz de la Portilla: Will do. Mr. Cruz: I'll make an appointment with your staff today. Thank you very much. Vice Chair Russell: Elvis, just a moment, please. So just -- and just to clan fy for the record, in that last meeting when you requested a public appearance -- Mr. Cruz: Yes. Vice Chair Russell: -- I stated that I would like to meet with you to discuss the issue before it comes to public appearance that way ifI can resolve it with you and we're working it out with the neighborhood -- as we are -- that it wouldn't necessitate a public appearance. And then so that's when you -- after that meeting, after the last time you requested a public appearance, you came to my office; we met, we talked about this. We were working on a plan together with the Parks Department, with the civic association in your neighborhood and the group -- the petition signers, et cetera. Have you requested a public appearance since that time? Mr. Cruz: I have never rescinded my public appearance. I -- if you recall our conversations at that meeting, I specifically stated I'm happy to meet with you. I'm happy to meet with anyone. Vice Chair Russell: Yes. Mr. Cruz: But I still want my public appearance scheduled. Vice Chair Russell: Okay. That was not my understanding. I had thought that once we met together and are making a neighborhood plan that you didn't need another public appearance. So in recognizing that now, you are on the agenda for the next meeting, but I wouldn't put it on the Manager that you were denied this. My request from you as the district Commissioner for the park and the pool where you're discussing or you're talking about is that you meet with your -- the purpose of this forum -- and it's in the Code very specifically about how you can address this Commission not as your two minutes as everybody has, but after you have not received satisfaction from the management to address the whole body. And my request for courtesy was that you speak with your district Commissioner first about the pool in your district working with the neighbors in your neighborhood before we make it a citywide issue. That's what I thought we had done. If you still want a public appearance after that, I did not receive it as the chair, and I don't believe the Manager received it additional. It was a misunderstanding. No one's trying to thwart your ability to address this body. I thought that we had satisfaction. So you're on the next agenda. Mr. Cruz: Well, you bring up an interesting question. I'm not sure exactly who is supposed to schedule that appearance; if it is the chair, if it is the district Commissioner or if it is the City Manager. But the good news is it has been scheduled and I thank you for that. And let me remind you, Commissioner Russell, that at that City Commission meeting that you're referencing and that conversation that took place, you gave your word that Morningside pool would stay on the waterfront. I hope you maintain that word. Vice Chair Russell: Yes. You continue to remind me. City of Miami Page 15 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Mr. Cruz: Yes. Vice Chair Russell: And I want it that way as well. Mr. Cruz: Yes. So I hope you live up to that promise. Vice Chair Russell: Yes, thank you. Mr. Cruz: That would be wonderful. Thank you. Ms. Mendez: Mr. Cruz, could you come -- Mr. Cruz: Yes, ma'am. Ms. Mendez: No, just come over. Mr. Cruz: On the record, you want me to approach the City Attorney. Ms. Mendez: Yes. Mr. Cruz: Yes, I will. Vice Chair Russell: Alright. So you can make your public appearance request to anyone of your Commissioners or the City Manager, but the Code Section 2-33(4) says that if the matter is or cannot be resolved or remedied by the City Manager, then at the will of the member of the public, the request for appearance shall be scheduled on the next available agenda and the City Manager shall submit a report in the agenda packet detailing actions taken to resolve or remedy the matter and administrative recommendations. So you're good. Mr. Cruz: Thank you. Vice Chair Russell: Next public comment. Orlando Gonzalez: Good morning, Mayor and City Commissioners. I'm Orlando Gonzalez. I'm the executive director of Safeguarding American Values for Everyone, also known as SAVE Dade. SAVE is the longest serving LGBT (Lesbian, Gay, Bisexual, Transgender) rights organization in Florida. We're proud to be here today supporting the establishment of the LGBTQ (Lesbian, Gay Bisexual, Transgender, Queer) Advisory Board. Thank you, Commissioner Carollo, for introducing the legislation to establish the advisory board here for the City of Miami. I also wanted to thank the sponsors. That's Commissioner Ken Russell, Commissioner Alex Diaz de la Portilla, Commissioner Manolo Reyes, and of course, Mayor Francis. This is common sense legislation and it will continue to make the City of Miami one of the most welcoming, inclusive and diverse cities in the world. One of the things that we address when we have an advisory board like this is we address important issues such as homelessness, which is where LGBTQ youth are disproportionately impacted. We touch on issues of healthcare where HIV (Human Immunodeficiency Virus) transmission are at the highest here in Miami, and also our basic healthcare for the trans community who is often unattainable. We also get to address discrimination and hate crimes where maintaining the same basic protections are always a challenge here. This is especially true as we see the state trying to erode those protections through the guise of religious freedom. And also, we get to address issues of domestic violence, where domestic violence in the community occurs at a similar rate as those of the general population. Last but not least also is the aging LGBT City of Miami Page 16 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 community where members of the community, older adults, make up a significant and growing population herein Miami. Creating this advisory board sends a very clear message that our community, the LGBT people, are especially -- especially the youth are wanted and respected in the City of Miami. Thank you very much for your support. Vice Chair Russell: Thank you for your comments. Mr. Gonzalez: Absolutely. Vice Chair Russell: Good morning. Good morning, Mr. Bibeau. Brett Bibeau: Good morning. Good morning, Honorable City Commission. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. A clean and fresh smelling waterfront is vital to economic growth, tourism and quality of life. Therefore, on behalf of the Miami River City of Miami, I strongly recommend approval of PH.1, renewing the contract for the excellent services provided by the Scavenger water decontamination vessel throughout the City of Miami. This allocation was already included in the City's previously approved FY-19120 budget. The Scavenger water decontamination vessel removes floating debris and every hour decontaminates 600,000 gallons of water while injecting 150,000 liters of oxygen into the water. This significantly improves water quality, aesthetic and removal of (INAUDIBLE). This invaluable and necessary service is provided along all of the waterfront in the City of Miami, from Coconut Grove through Downtown Miami and up to the Upper Eastside. The Miami River and its tributaries are included. The Miami River is a destination landscape for residents and tourists alike. The river has over 10,000 residences, 20 restaurants, 10 public parks, 6.5 miles of constructed public Miami River Greenway, et cetera, all appreciate and benefit from the Scavenger vessel's continued excellent services being successfully provided under several contracts with the City of Miami for over 17 years. The City of Miami owns and is responsible for over 100 stormwater outfalls which drain into the river, which is protected by the Biscayne Bay Aquatic Preserve Act. Considering taxpayers paid for the successfully completed $89 million Miami River maintenance dredging and environmental cleanup project, its continued maintenance, removal of new debris, water decontamination and oxygenation provided by the Scavenger vessel is critical. I have distributed support letters for the Scavenger from the Florida Department of Environmental Protection and the U.S. (United States) Coast Guard. And your continued support for the Miami River district is sincerely appreciated. Thank you, gentlemen. Vice Chair Russell: Thank you for your comments. Good morning. Alicia Cevera Lamadrid: Good morning. Alicia Cevera Lamadrid. I'm a managing partner of Cevera Real Estate, and more importantly, today a member of the DDA board. I want to start by thanking you all for your service and also to our police and emergency care people. I think today's their day and we certainly couldn't be here without all of you. So for the record, I was the one dissenting vote when John Alemdn's candidacy was brought up to the DDA, not because of any of her records or lack of capability, but rather because I thought that the board had not been given enough time to review her resume and meet here. And as I stated, I would not hire a director for my company without going through that, so why would I vote in favor of the director for the DDA? Gratefully, we since have had time to meet her and review her resume. And by the way, I want to thank the board members who were part of that vetting process because it was extremely thorough. They've very competent people and gave a huge amount of their time and effort to get that vetting process done. Unfortunately, I thought it had been a bit rushed at the end but that has been ratified and rectified. (UNINTELLIGIBLE) took a second vote where I did vote in favor. And prior to that had in City of Miami Page 17 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 fact provided a letter to the -- our membership so that when she came up the first time we had already met and that had been taken care of. So today, I'm here to show our support. The work of the DDA is very important. And while I know there are a lot of forces involved in these decisions, I would urge you to not hold up this decision regardless of anything else that's going on, to keep the DDA's forward moving progress moving forward and to let us get settled and go on with the business of doing business because there is a lot of business that's done there. As you know, it's a volunteer organization with a lot ofpeople in the city that run businesses that are very busy and that are giving our time so that we can help support the City not to the extent that you all are doing but to our best effort. And not having clear leadership will hold us up. So I urge you to take a vote to approve her candidacy and to let us move on. Thank you very much and have a great day. Vice Chair Russell: Thank you for your comments. Good morning, Ms. Samuels Dixon. Renita Samuels Dixon: Good morning, Commissioner. I'm speaking on behalf of DI -- DI.4 and DI.7. I am not really sure what this is about. Vice Chair Russell: Your name, please. Ms. Samuels Dixon: Renita Samuels Dixon. As a long-time resident here, born and reared here, I think that we need to focus more on the business of the City and any issues that are coming forth in reference to our City Manager, if there are not concrete reasons for seeking his removal, then we need to let the status quo remain. And the reason why I say that is because all of us are spending our time coming out here to support the business of our fair city. And for us to have to endure personal problems within our community does not suit the City of Miami well. I think that we should all work together for the benefit of our community. And the Charter language needs to include any elected official who spends taxpayer dollars to unseat appointed, elected and/or hired staff for unjust cause is cause for the elected official bringing the charges to be charged the cost associated with the unjust cause or removed from office for wasting City services and the public's time. Our time would be better spent collectively making Miami a wholesome, family -oriented community and ensuring Miami is affordable for all positive and constructive lifestyles in this tropical paradise because that's what we have here. This paradise needs to ensure that we have minimum wage to -- that the minimum wage be increased to a livable wage, Mayor, and working with Miami -Dade County to bring down the residential maximum property tax cap from 10 percent or provide a rebate to landowners of non -homestead residential family -oriented properties rented to individuals and/or families. We put our support behind each one of you as our Commissioner, our elected officials, and we expect you to do the right thing. Vote to let the current City Manager stay in place, along with his staff so that we can continue the fine work that you, as our Commissioners, are doing for our city. Thank you. Vice Chair Russell: Thank you for your comments. Good morning. Anthony Williams: Good morning. Mayor, Commissioners, my name is Anthony Williams. I'd like to -- Commission, I have a cold, as well. I'd like to address the point of maintaining the City Manager. He has done an excellent job of bringing the community together on all fronts. We want to make sure that we keep him in place, so he continue to do that with his staff. He has done an excellent job of working especially in the black community and addressing the needs and concerns that have been ongoing for many, many years. And to simply put it, Ross Perot once said, "Eagles" -- 'yet eagles don't flock; you got to find them one at a time. " The City has an eagle. Please don't kill it. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, Pastor Chambers. City of Miami Page 18 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 John Chambers: Good morning, Commissioners. My name is John Chambers. I'm the President of the Coconut Grove Ministerial Alliance. I'm hereabout D1.7 [sic]. As far as the City Manager is concerned, I really urge the -- suggest that you would keep him and his staff in position. But this being the year of 2020, of all times, it's time to really be focused on what's really important not only for now, but for the future. And as 2020 and our vision, it's about corrective lens. I think you don't have to correct something that's not broken. And as far as our community is concerned and the City, the City Manager and his staff has done a great job. That's my suggestion. Vice Chair Russell: Thank you for your comments. Morning, Mr. Kasdin. Neisen Kasdin: Good morning, Commissioner. Good morning, members of the City Commission. Neisen Kasdin, 98 Southeast 7th Street, Miami. I'd first like to congratulate Commissioner Diaz de la Portilla on his election. I come here to speak to you on the DDA item. I have been a member of the board of the DDA for almost 14 years, and have served as Vice Chairman for virtually that entire time. The success and prosperity of downtown is important not only to downtown, but to this entire community, both economically and in terms of image, in terms of jobs, and in every respect. I've also spent almost 40 years in public service or around public service. I have picked City Managers, Executive Directors of agencies, Executive Directors of entities, as well. And in that time, what I have learned is there -- the most important thing you can get is someone who has a combination of both significant private sector experience and either service in or understanding of the public sector. It is rare to find an individual who has those two talents and abilities. I will also tell you that I have seen John Alemdn in action as a City Commissioner in Miami Beach. I'm well aware of her professional resume, working as a CIO (Chief Information Officer) for Fortune 500 companies. I can say without equivocation I have not seen a finer public official in action than Commissioner Alemdn; her intelligence, her thoughtfulness, her work ethic, her practicality. The DDA has a rare opportunity to pick an executive -- have an Executive Director. This opportunity will not come again. We're -- out of hundreds of candidates we reviewed, none, none are the equal of John Alemdn. For the sake of downtown, which is at a critical juncture right now, and there's so much opportunity, but also so many issues to deal with, it is of critical importance that this Commission ratify and move forward with the appointment of John Alemdn as Executive Director of the DDA. We will not have an opportunity as good for downtown. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, Madam Holmes. Renita Holmes: Good morning, Commissioner, Mr. Chair -- Vice Chair. I'm Madam Holmes. I'm the Executive Director of Wave of Women in Public Housing, Education, Finance and Development; as well as the owner of Our Homes, Business and Property Services; always have been an advocate for women. It's at least that one thing I believe I'm the expert upon, and particularly when it comes to providing safety and health issues, and representation, monitoring for our women; particularly when it comes to talking about female ojficers, whether it be LEO (law enforcement officer), rescue. There is definitely something about culturally -specific efforts -- ethics policies and lack of equity; that's why we have the Commission on the Status of Women. I'm deeply concerned about female LEO officers, particularly on the issues of increasing number of lawsuits that we're paying out as taxpayers; particularly with the increasing number of offenses towards women. And I've done my research, but I don't want to make that out like that to be a personal appearance. Nonetheless, again, especially congratulations to Ms. Victoria Mendez, who is on the agenda. Basically, I love you all, and I know you have wives, and I don't want them to seem like they can't rep (represent) themselves, but I don't see that real representation in the Sister City. City of Miami Page 19 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 And so, I can understand no matter what industry it is, there's always going to be that specific perception, so my prayers especially are with you. But particularly of interest here, and relative to what I'm saying about women in this Sister City, I'm hoping that we'll get a report, because there was a report done by the County, and there's still this issue of inequity in pay just for all employees, but particularly with LEOs. I've recognized a pattern and trend of -- as the FBI (Federal Bureau of Investigation) refers to it, it could be an offense when someone continues to use policy in a way that it disparately "indiffriates" [sic] someone. But there's a double indemnity here for me when I look at the Department of Justice saying, "Replace the female in charge, " and she was therefor three months -- Najee (phonetic) -- and then after all the problems went around with the Department of Justice, she was dismissed to another job of less expertise and her expert --so I ask you to review that. Why do we have a tendency to put black women in places where you've already screwed up with everybody else, and then remove us once it seems the light is not shown? But lastly, particularly in a meeting -- public hearing, Mr. Chair -- Vice Chair -- you gave us permission -- the gentlemen said that they represent on the LGBQT Task Force. How many are black? When I look at the disparity issues that this City faces with the displacement of LGBQT -- rest in peace, Senator Barreiro. We had a great meeting down there. Many of those that were here were there to talk about the lack of access to homes, the lack of access to representation, and the increase in the number of CIP (Civilian Investigative Panel) reports of crimes, and I don't sit here -- just stand here just for nothing. I carry this as a trophy, as a reward of how we interact with -- Vice Chair Russell: Thank you, Madam Holmes; time's expired. Ms. Holmes: But would you please allow me to close -- Vice Chair Russell: Please close up. Thank you. Ms. Holmes: -- like you did the gentleman before me, four bells and a ring? And this is so sensitive, because when you're talking about abuse of women, I would hope that -- we a Sister City would realize it's very serious. Again, SR.4 was one of those issues. I appreciate you speaking to me. It was your directive, Mr. Chair, to --for them to follow up with us as women and mothers who are seeking to access some resources and some opportunities. I'll ask three things, and then I'll walk away, because I have not had any response to my mail. I have not had any response to this, and I put this in writing to the Clerk's Office. I have not had -- I don't know the difference between employees that don't do their job versus -- irregardless [sic] of what the Director tells them, but you all made directions to the Director to help us get this gap filled for those women and girls that are being beaten and raped. And all I'm getting is, is that I wasn't -- I didn't provide what they needed. Well, if I ask you for directions and you don't respond, are you not nonresponsive? If you continue to respond to women and mothers and black women and mothers that way, whether we're in a uniform or out of uniform regarding creating safety and health -- and there is a big breakdown, because every time that I don't get the things that I need that I pay you to get them to me, or every time I have to deal with an employee who thinks 30 or 90 days is up -- there's a kid dying, like that eight -year -old girl in that same spot that we're trying to acquisition that was raped in the middle of the day, with men sitting outside, watching, right across the street, and we just simply dismissed it. So we're out there cleaning it up. We're out there taking care of the women with HIV. We're out there providing jobs. Me, don't have a job, trying to get arrested or beaten for trying to do with I do. I won't get into details, but it's the truth. If you can't get the respect of your employees or something causes an indifference in that for the employees, then maybe we need to be looking far more than this dais and discussion. Maybe our Auditor, who's been here needs to talk about how indifference the (UNINTELLIGIBLE) are. I haven't seen him in the audience for four or five hearings. And maybe we are just a little bit more under power without rationale and authority. City of Miami Page 20 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Vice Chair Russell: Okay. Ms. Holmes: I want to thank you again, and I hope that you don't feel this is a challenge to you, but when do you beat the rap and say things, and then nothing happens, and children die in between? And when do you just cut off my voice as a woman, but yet, people go rhetoric about a man? But this man has been good to me. I don't think his employees think very much of what you think about him right now, and they're not doing their job, but I hold my biggest authority. I am the taxpayer. Don't sit here and charge me to come here, charge me my time, listen to me, cut me off, and still expect me to have my children dying. And the disparity of the way you treat African American women here is bad. Let's start -- Vice Chair Russell: Thank you, Madam Holmes. Ms. Holmes: -- with public safety and health. We got a reputation to keep. But don't call this a Sister City if you're not going to treat me like a sister. Vice Chair Russell: Thank you. Ms. Holmes: You understand me? Vice Chair Russell: Understood. Ms. Holmes: Thank you. Vice Chair Russell: Thank you. Next speaker, please. Vivian Perkins: My name is Vivian Perkins. Good morning. To all the Commissioners, thank you very much, and the Mayor, for keeping us safe. Again, this is concerning DI -36928 [sic]. Again, I want to thank the team that gave us our long awaited trolley in District 5. I -- we, the neighborhood association, Charles Hadley Neighborhood Association supports and recommend the new trolleys for the disabled citizens, for the handicapped citizens, for the senior citizens and their families. Many are confined to their homes. The mechanics of the lifter, more space, bars, and other concerns will enable all drivers -- all riders -- I'm sorry -- to be included to ride the trolleys. I want to thank you very much. Vice Chair Russell: Thank you for your comments. Morning, sir. You're recognized. Samuel Latimore: Good morning. My name is Professor Sam Latimore. I'm the President of the Hadley Park Neighborhood Association, which has been in existence for over 35 years. Our current board member, Ms. Nancy Dawkins, started this years ago, and she's still, as you know, very active in the issues of this community. When I came to the hearing this morning, I had a couple of things I want to talk about, and I saw this; a discussion regarding the City Manager. And it just opened a box of things that I need to say; not only about the City Manager, but that we were planning to say in Thanksgiving week. During that week, we decided that we would recognize all City employees that participated in last year changing the look of Liberty City. If it had not been for those folk -- not at the highest level, but those people who were in the trenches working with us to change the perception that our community did not warrant the kind of support that it did. I remember meeting the City Manager when he first got here, and I said, "We have a project, Through the Eyes of a Child, " because I'm sure -- or from what I hear -- that some of you may not have to look at what children see, and what children internalize. I want to say, too, that we're very pleased as an association for all of the progress we made under your Administration, City Manager. We have not had a City of Miami Page 21 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 meeting where a top official for the City has not come out and addressed us. I always allude to the Mayor's Office in terms of their support, but we were going to say to the City Administration during Thanksgiving week, "We appreciate all that you do." We will be having an appreciation meeting for those frontline folk in your Administration, and I would be remiss if I didn't say they were not responding to what you had said when I mentioned to you Through the Eyes of a Child. Thank you very much. And to the new Commissioner, we're next door. In fact, we were able to knock down -- have knocked down through this Administration two houses that had been in deplorable conditions for the last 25 years. So I look forward to working with you in the Allapattah area. Vice Chair Russell: Thank you for your comments. Next speaker, please. Mr. Ressler (phonetic), good morning. Garry Ressler: Good morning. Garry Ressler, 169 East Flagler Street. I'm here today -- and thank you very much for hearing us -- as a board member of the Downtown Development Authority, asking for your support in the Executive Director appointment. This board -- this Commission has been incredibly supportive of the DDA, and has trusted this board to grow the downtown into the donor district that we are proud to be. We ask that you trust our judgment again, and trust that the extensive process that we have gone through with an extensive team and deep, deep digging has netted us a candidate that we are very excited about, and ask for your support and your vote -- and your affirmative vote --for the Executive Director of the DDA. Thank you very much. Vice Chair Russell: Thank you for your comments. Good morning, Mr. West. Alvin West: Good morning. Good morning, Mr. Chairman and Commissioners. My name is Alvin West. I'm the Chief Financial Officer for the Greater Miami Convention and Visitors Bureau. I was also aboard member of the Downtown Development Authority for many years. I was also the Treasurer of the Downtown Development Authority for many years. And we have --as we look back, we have done great work. We also look forward. We know that we need strong leadership. I trust the board members that were on the Selection Committee that proffered John Alemdn to us, and I think that she would do an outstanding job. The things that we're looking for is collaboration, partnership. Those are the things that she's really good at. And we need the continuation of a strong Downtown Development Authority for the things that we have ahead of us in the future. So, Mr. Chairman, Commissioners, I recommend that we -- you vote to select John Alemdn as Director of the Downtown Development Authority, so thankyou. Vice Chair Russell: Thank you, Mr. West. Good morning. Albert Gomez: Good morning. Albert Gomez, resident, District 2. I'm here to, one, support John Alemdn; two, reference SR.4. I think the public needs a little bit of time to see what gets put on an agenda. I think that's important. There are several other things. SR.], I fully support. PH.], the planning initiative for cleaning on the bay, I want to shed light on the fact that I was invited to go on the boat cruise with FIU (Florida International University), and I witnessed the state of our Miami River, and I also tookpictures and forwarded to the Office of Planning, Public Improvement, Resilience; several violations that were going on, existing construction. There's several significant violations that are adding pollution to our bay. As much as we're cleaning, we are adding pollution daily. So I would look at the CRC (Climate Resilience Committee) for upcoming agenda items and motions that are quite serious. And then finally, this whole veto situation, Mayor, you're touting us as the most resilient city. There's a bit of a change here in the Commission. I'd really hope that you guys work together. There's a lot of important things that need to happen this coming year. Whether a City of Miami Page 22 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 veto happens or not, we're dealing with home rule issues at the State level. It's weird that it's happening right here at Commission. I'd just say, Mayor, please value the Commission. And Commission, please value the Mayor. Come to some sort of conclusion, because if we're either trying to remove the City Attorney, trying to remove a City Manager, let's have just cause. Whether there is or there's not, just come to conclusions before you come to this board, because this comes out to the public, and then the public looks at this. And then, when the Mayor goes on international radio and TV and says that we are the most resilient city, but we can't even, you know, get our act together here at the Commission, it just doesn't ring true. Vice Chair Russell: Thank you. Mr. Gomez: So I just want you guys to take this thing seriously. All right? Vice Chair Russell: Thank you for your comments. Good morning. Brenda Betancourt: Good morning. Happy New Year. Brenda Betancourt, 1436 Southwest 6th Street. I am in support of SR.3. I think that storage buildings around the entire City, popping like flowers, is not the best use for a lot of properties, especially on those corners, and then they get the signage of a lot of commercials and all kind of things. That's something that's not appropriate for our City. I just want to thank Commissioner Joe Carollo for his support at the Chamber of Commerce on 8th Street Interamerican because we are having a forum this Tuesday in the Teatro Artime, and we are trying to get seven of the candidates for the Mayor run for this year; going to be present and they're all going to be conducted in Spanish. And one of the reason is we want to be inclusive with all of our voters, because we are -- mainly for the seniors are the ones who actually go out and vote. Even though this is a presidential election, it's going to be very important. I have a question for all of you. Most of you know we -- I am part of the Radio Station La Poderosa, and one of the things that we've been asking all of you, and we will be asking for the Mayor, as well, is for the Pottinger Agreement; that it's anywhere in your plans that you are trying to see how can we protect the rest of the citizens? Because whatever happened 20 years ago is not happening now. And we are suffering. We see so many homeless doing all kind of things that the rest of us who pay for taxes, who work, who made this City what it is, we are not allowed to do it, because I bet you if any of you put your pants down and go and do your business in the sidewalk, you guys will get arrested. But what happen with a homeless? They use that excuse. All those cities from the north who send their homeless to the City of Miami, they pay for the tickets, go on the Greyhound, and thank you so much. I think that you guys, the five of you Commissioners and the Mayor are responsible to seek any agreement change in the Pottinger. Everybody has to have the same respect, the same -- the homeless do, we should do it, too. $68 million a year, I think the Homeless Trust should be doing something else more than just buildings, because the homeless are still in the street, making all kind of messes in our properties. And I want to be talking about just something very short about the meeting that you guys had yesterday, affordable housing. Supposedly, 2026 will be 32,000 units that is going to be building. I would like to know if HUD (Department of Housing and Urban Development) has anything on the papers, because I called Washington and tried to find out if -- where is those 32, 000 units for real going to happen in 2026, and I didn't get no answer. Thank you. Vice Chair Russell: Thank you for your comments. Good morning, sir. Willie Williams, Sr.: Good morning. Commissioners, we're very happy to know that-- I'm here to represent D7.6, something that nobody haven't brought up this morning. My name is Willie Williams, Pastor Willie Williams, from Overtown. I have a church there. I also have a family business that has been there since 1950, and we've been running that business in the same spot, the same place. Also, I'm a resident there. And I was very, very disturbed to see, City of Miami Page 23 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 as well as hear what the black males are going through in the City of Miami Police Department. They are not promoting our men, our black men as they should. I see, I hear division, and we got to stop it. We have to stop it, and we have to make and have a level playing field. We have to chair the work ethics there, and make sure that our black men are being represented in the house. Now, you're representing our black women and -- but you're also -- you're demoting them. I was very appalled to hear that a very dear friend, Commander -- Major Carr was demoted. For what? I mean, I haven't got that answer yet. Also, you know, Ezra Washington, who works so hard in our community in the past paid his dues; did something that many officers who, in rank, has not looked to do. And these people are being demoted. And we need to look into this very seriously, because we have people that are worth representing this City in that uniform, and they're being disrespected by bringing them down to a level that -- of disrespect. At night, you know, I'm seeing a lot of the white and Hispanics are being hired; they're being hired, and less blacks are being hired. I come outside at night, it's nothing -- it looks like the Ku Klux Klan, with all of the whites that is representing the City. Now, I'm not a prejudiced person at all. I love -- me and the Mayor -- all of us who know me know I have a heart of gold. But when something is not right, we need to stand up and represent our position in a way that everyone is treated fairly. That's my comment. Vice Chair Russell: Thank you for your comments. Is there anyone else here who'd like to speak on public comment on any of the day's agenda items? You're recognized, sir. Javier Ortiz: Good morning. Javier Ortiz, Fraternal Order of Police, 710 Southwest 12th Avenue. This is in regards to Item BC.6; on BC.6, in regards to the appointment of the CIP. I received a packet which I forwarded to the Commissioners electronically today. I'm asking for an investigation by the Administration that backgrounds are done on CIP employees and appointed candidates to the board. The makeup of the CIP is concerning and disturbing. As you know, CIP Director Cristine [sic] Beamud was involved in a $150,000 settlement in which you all quietly allowed to happen -- not 20,000, not 50,000, not 10,000 -- for racial remarks made against a City employee. As for their investigators, you have one CIP investigator, Elizabeth Albert, who was part of the Administration at Biscayne Park Police that were framing black men to arrest them. And another CIP investigator that is currently employed is Michael Lucas, who worked for the Lauderhill Police Department. I was told that he was forced to resign under investigation. He's allegedly on a Brady list; meaning that he cannot testify. He's been arrested for biting his wife's nose and throwing a chair at his daughter. And I ask that any CIP investigation done by Mr. Lucas is reassigned to another investigator, and redone. The FOP (Fraternal Order of Police) wonders how this board is functioning as an oversight of the Miami Police Department when their employees have checkered pasts. The arrest reports and all that have also been forwarded to you. Thank you. Vice Chair Russell: Thank you for your comments. Is there anyone else here who would like to speak at public comment? Nathaniel Wilcox: Yes. My name is Nathaniel Wilcox, and I'd like to speak in support of the CIP. Somebody said one time, "The pot can't talk about the kettle. " Now, when you have an individual coming up, complaining about the CIP, and he has a very checkered past, he's been involved with a lot of things that this community should not be proud of, now he's going to throw a stone, talking about the CIP. So I think he needs to be investigated. Don't just investigate those other individuals talking about the CIP. He needs to be investigated, too, right along with whoever else he named. And I'd like to come back and talk about the MCPBA (Miami Community Police Benevolent Association) issues. I don't know if I can come back after lunch. City of Miami Page 24 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Vice Chair Russell: This is our public comment time -- Mr. Wilcox: Public comment, all right. Vice Chair Russell: --for the entirety of this agenda. Mr. Wilcox: Let's talk about it then. Where -- there's this old saying, "Where there's smoke, there's fire. " And the MCPBA, I'm very proud of their work, the actions that they're doing here in our community, and they're bringing to the forefront some very important issues. I know it's easy for this Commission to kick the can down the road and just go overlook stuff, but we're asking the Mayor and the City Manager to look in some of the issues that would be brought forward. Years ago, the officers came to our office, PULSE (People United to Lead the Struggle for Equality) office, and they were asking about -- they were telling us about issues that -- of police misconduct. Those individuals, those officers that came to our office resulted in the US (United States) Attorney's Office investigating and arresting some of these officers. The Civilian Investigation [sic] Panel was formed to give citizens an opportunity to have an outside voice about issues that pertained to police misconduct. Also, the MCPBA has -- is another voice where they will be able to convey about internal -- they've conveyed about internal police issues and concerns. The Civilian Investigative Panel, like I said, have done their -- are doing their job. Also, we've had -- if you look at the Internal Audit that was being done by -- on the Miami Police Department, it showed that it needs internal -- some internal controls that's not being exercised. So we're saying that we support MCPBA, the issues, and we'd like to have the Mayor -- a meeting with the Mayor and the City Manager to be able to directly address those concerns and remedy them. Thank you. Chair Hardemon: Thank you, Mr. Wilcox. Vice Chair Russell: Thank you for your comments. And just as a point of order, Commissioner Hardemon, our Chairman, is with us now, so I will gladly abdicate my Presiding Officer status for the day and hand over to our Chairman. Good morning, sir. Chair Hardemon: Good morning, sir. First, I want to say thank you for presiding over this respected body that we have here in the Miami City Commission. I thank everyone for being patient with us. I've been sick since Friday; I've had the flu. I haven't had a meal since then. So my illness is in my body, I'm thankful for that, because for some, it's in their mind. And today, we're going to ensure that we get through the business of our Miami City, and we're going to continue to do that throughout the year in a way that is productive for all of us as citizens, and not for us as individuals, or people who have plans that they want to put into action. So this is something that I'm sure that we're going to have some bumps and some bruises over as we move forward, but we should understand that it will be done, because it is that of order, and order is always right. And so, with that being said, I'd like to continue moving forward with the public comment. I recognize the individual to my right. You're recognized, sir. Ezra Washington: Good morning to the City Manager, Mr. Mayor, and everybody, and the Chair. My name is Ezra Washington. I am an employee with the City of Miami; I've been since 2008. And I've been in law enforcement since 1998. I'm 41 years old. I came here today because there's an issue I have to deal with every day since March of 2019. I have a picture here that you will see later with DI.6 that will be addressed today. It's very disrespectful to me as a man, as a black man, to my black community. What I ask you all to think about when you look at this picture later on today, I have yet to receive an apology. I have yet to see anything be done. Nobody has addressed this to me at all. But I want to challenge everybody here that's not black, who's maybe Jewish, who's Cuban, who has things City of Miami Page 25 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 that offend him. Kaepernick came down here with a shirt with Castro on it, everybody got offended. You put a swastika on somebody's desk, you would get offended. This is equivalent to a swastika to me. This is what I see. Okay? Commissioner Diaz de la Portilla: Disgusting. Mr. Washington: I have given -- may I approach? Chair Hardemon: You may. Mr. Washington: I have sacrificed my family sometimes to be here for the -- on behalf of the City of Miami, and what I don't expect is to come somewhere, where I earn a living, and to be treated as such; not even walk past me and say, "Hey, Washington, you know, we really didn't do nothing about it, but I apologize." You cannot complete the EEOC (Equal Employment Opportunity Commission) investigation without -- and close it out without completing the investigation. So what I ask you all to do is to look at yourself, look at your sons and your daughters, and wonder, what would happen if that was you? If you're a Jewish person, you all -- Do you understand that someone got fired for offending the Jewish community? So when is it going to be where somebody gets offended as a black person and say, "Wait a second. This could be my son. This could be my daughter"? You understand? And I expect the same respect that everybody else community gets. The same way you want somebody to respect how you feel, we need to be felt and respected the same way. You have a good day. And I have to go, because I've been at work all night. I have to go. Have a good night. (Applause) Commissioner Reyes: Sir, sir -- excuse me, sir. Chair Hardemon: I'm going to -- Commissioner Reyes: Mr. Chair -- Chair Hardemon: -- one second, sir. I want to remind everyone that in the Miami City Commission meetings, we don't clap or make any loud verbal outbursts. So if you want to show your support, you can show it by visibly raising your hands, thumbs up, or whatever you think is decent to show support of the individual that speaks. Thank you. Commissioner Reyes: Mr. Chair -- Chair Hardemon: Would you like to --a question that you'd like to ask him quickly? Commissioner Reyes: Yes; it's very simple. Where does that come from? Mr. Washington: That was left on my desk when I returned to work off -- my days off back in March last year. Commissioner Reyes: Jesus Christ. It's very racist. I'm sorry. Mr. Washington: And the picture depicts jigaboo, black face, emasculating things; the same things we're complaining about as far as the representation of black men in our department. Chair Hardemon: Thank you, sir. City of Miami Page 26 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Reyes: Thankyou, sir. Chair Hardemon: You're recognized, sir. Theophilus Williams: Good morning, everyone. My name Theophilus William, P.O. (post ojfice) Box 4709. I'm here in support of -- she used to be Major Carr, and she worked in the station on 62nd; good person. It's one thing people texting now -- what's going on, how she being treated. How can you come to -- together and show (UNINTELLIGIBLE) that you're putting -- coming together with the community, and then you saying -- or later show you're promoting blacks? What went wrong in here? Something is wrong, because you look at it. If I can't get to her -- get to him -- I will get to her; she being target. Did she did any -- I mean, any -- committed any crime? Because you do a crime, it going to be on TV. It going to be on TV. This Police Department need a shakeup. Fall need to get together and find out really what the issue is. It's a bombshell gone, and I'm quite sure a lot of them employees are stressed. We got gang members out on the street we trying to tackle, guns going off, people shooting every day. But we trying to get together and stop that. But you got gangs going on. This one doing better than the other one. This one got a group. Everybody divided. And if you divided in the Police Department, you divided in the community. I mean, y'all ask for votes. Everybody asking for votes. And when you get in that chair, it's a different story. Where do we draw the line in this department? Because when you promote and you promoting some more, but you demoting one, that don't look good. If you promoting blacks and you demoting one black woman, under what condition? What's going on? It's -- right now, it's a fighting game going on in that department. I remember when Exposito was there, it was the same thing, but it got a little better. But now, it's just like a -- Who can you trust in the Police Department? And another thing before I leave here: We always pointing a man to a position. Why can't we point a woman to be a Chief? Give them a opportunity. That's -- it's all over this County. We not pointed one woman. We always put them second in charge, but we won't put them to the top. Chair Hardemon: Thank you very much, sir. You should know that there's a woman as Chief in Miami Gardens. She's -- Mr. Williams: That's something everybody need to look at. Chair Hardemon: Thank you, sir. Mr. Hannon: I'm sorry, Chair; if I could get the speaker's name? Sir? Mr. Williams: Theophilus Williams. Chair Hardemon: You're recognized, Father. Reginald Jean Marie: Good morning, and Happy New Year to all of you. So today -- my name is Father Reginald Jean Marie. I'm the pastor of Notre Dame d'Haiti, located in the heart of Little Haiti. This community is a 100 percent black community that gathers over 5,000 people on Sundays. And today I'm here to bear witness to a fundamental truth. I've been the pastor of Notre Dame d'Haiti for the past 15 years, and I've been at Notre Dame for 19 years. And I could tell you that year by year, we see big progress in terms of the collaboration of the Miami Police Department, but never have we enjoyed such a great collaboration from what we have been having for the past two years. And I am here to say that I have had the privilege to work as a chaplain of the Miami Police Department. I have had the privilege to minister to Chief Colina, and to listen to the breadth of his soul, and I can say that I am very blessed to see that we have such a humble and such a dignified man that City of Miami Page 27 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 continue to serve us in this community. And this is someone that has done a lot of efforts to integrate many black men and women in the Miami Police Department. And it is for the first time in Little Haiti that we are enjoying the presence of a Haitian black American leadership in the Miami Police Department in Little Haiti. And it was the greatest joy and the greatest pride and blessing for the Haitian American community to see the elevation of a black Haitian American woman as Assistant Chief in the Miami Police Department. And today I can say that people have the right to think whatever they want. They can have subjective interpretation, but the objective reality from what I am experiencing, we are experiencing in Little Haiti is that this man is a witness of the true integration of what Miami needs. God bless you. Chair Hardemon: Thankyou, sir. You're recognized, sir. Andres Asion: She was waiting first. I feel bad going in front of her. Go ahead. Ms. Samuels Dixon: Thank you for your gentlemanly qualities. Renita Samuels Dixon once again. I -- Chair Hardemon: I saw your public comment earlier. Ms. Samuels Dixon: Yes. Chair Hardemon: And you do recognize that you've expended your time for public comment on today's agenda? Ms. Samuels Dixon: Well, I was not made aware of that prior to you taking the seat at the dais. Chair Hardemon: No. So what that means is that you've lost your opportunity for public comment, because you've already expended it. However, generally, what we allow people to do is to take two minutes from other individuals to have public comment. I don't allow multiple stacking of that, so that means at most, you could have four minutes. So if you could find someone from the public that would give you their time for public comment, I would love to give you an additional two minutes. Ms. Samuels Dixon: Is there anyone in the audience that would give me their two minutes? Chair Hardemon: So I recognize -- Eric Zichella: (INAUDIBLE). Ms. Samuels Dixon: Thank you. So I -- Chair Hardemon: You have an additional two minutes to address this body. Ms. Samuels Dixon: Thank you. This is in reference to DI (discussion) Item 6. I come to the Commission only with suggestions and solutions, and I think if you check the record of my public comments on previous times that I've been here, you will find that. What I bring today is additional solution. For the police officer employment, there needs to be a database -- which you already have -- that designates how many males, females, by ethnicity and position are within our City. Go back to the communities and determine the ethnicity within those cities to determine what the makeup of the police officers should be in that community. That provides community policing, which used to take place years ago. If there was a problem in City of Miami Page 28 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 the community, the police officers knew it, and they could squash it before it became a major issue. We don't have that solution anymore. So I'm asking the City of Miami to create this database, bring it back to the community so that we can see how many officers we have in executive positions; how many officers we have in the line positions; how many of them are female; what their ethnicities and sex are. So we need a complete breakdown according to EEOC guidelines. Thankyou. Chair Hardemon: Thankyou very much. You're recognized, sir. Mr. Asion: Good morning. My name is Andres Asion. I'm a resident of Miami Beach, and a business owner in the City of Miami, and I'm here to talk on behalf of John Alemlzn for the DDA. You know, it was a big loss for the City of Miami Beach and for the residents to lose John Alemkn as a Commissioner. But God works in mysterious ways, and this opportunity of new Director for the DDA opened up, and I'm so glad that she applied and that she's in the running for it, because having her at the head of -- as the Director of the DDA would be a major asset for the City of Miami. She's the type of Commissioner -- rolls up her sleeves, gets the job done, and works extremely hard for her city. And I think that having her in the City of Miami doing this for the core of our City is going to be a major asset for us, and I'm a major supporter of her coming onboard. Thankyou very much for your time. Chair Hardemon: Thankyou very much. You're recognized, sir. Francis Ragu: Good morning. My name is Francis Rasou. I'm a resident of Miami Gardens; also a member of Up Park, a community organization based in Miami Gardens that was started by former Miami -Dade County Commissioner Betty Ferguson. This year, 2020, will be 33 years that we meet every Saturday, looking at issues not only relative to the City of Miami Gardens, but the -- at large; the County, the City brothers and sisters wherever we see inequality. It's in that vein that we are here today in support of the MCPBA in terms of the issues that we have seen based upon the report. It was disheartening to learn that as a result and perhaps maybe because of the husband that Ms. -- Major Dana Carr is being demoted because of a stance. That, I think, represent a situation that when a person of color stand up on issues, what they believe from the heart, and the passion that may be wrong or right that they're being faced with issues of being demoted because of a stance. That is not a reflection, I believe, on what this City stands for, or what we, as black people in our community should be looking at; that if I speak out where I see injustice being taken place that I'm faced with challenges in terms of my employment. Thankfully, I am not faced with that situation, so I will speak out on behalf of her. I hope that those of you who are in a position to make a difference and recognize that without cause, it's because the head feel that I speak out and you dislike what I say that I'm going to look at your job and do it -- Would you like for that to be you in a position that you see something that may or may not be right for others, but in your heart, you believe is the wrong thing, and that's what you're faced, so you're being muzzled for speaking your truth? I sincerely hope that reconsideration will be given to recognize -- because I speak knowing what this lady has done in our community, and supporting our students in our community, have been supporting the community at large, could be demoted because of a position that she take in speaking the truth, and I hope you give reconsideration to that. And I thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. Harriette Wilson -Green: Good morning. My name is Dr. Harriette Wilson -Green, and I'm here today because I received some information that disturbed me, and it was the demotion of Major Carr. And this lady in the past have come into our community, who has helped bridge the gap between the citizens and the Police Department, letting them know that there can be -- City of Miami Page 29 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 they can be trusted. And she did many things to help the community to move forward. And to receive this, I'm not for sure -- I don't know what happened, but as a community member and advocate, I hope that we will get some information as to why she was demoted, and just want to know that I'm here in support, because she has been therefor the people. So I would like -- when something is torn down that has been a positive point, I'm interested in knowing what happened and why; this is why I'm here today; dropped everything, because I heard it and I needed to be here, to just -- to speak on behalf of her and the community, citizens of the community who supports her. Thank you. Chair Hardemon: You're recognized. Cynthia McCall: Good morning. My name is Cynthia McCall. I reside at 1601 Nocatee Drive, and I'm here to speak on SR.5, the peacock -- peafowl control issue. When we moved to Coconut Grove in 2001, there were no peacocks in the North Grove. In fact, if we saw one occasionally, maybe in the Center Grove, it was like this big deal. Now, on Sunday morning, I wake up, there are 31 peacocks in my front yard. Not only that; whenever we have company over, they have to bring a tarp to put on their cars, because if not, they get attacked. We thought maybe it was just dark colored cars. No; it's any color car; it's any size car. And it makes it really difficult to have people over when you know that their property's going to be destroyed. The noise, of course, everyone's always spoken about the noise. Now we have beautiful days. We could keep the windows open. Couldn't do it at our house, because the noise was just unbearable. Even if you're five rooms away, you couldn't carry on a conversation. So anything we can do to help control this would be greatly appreciated. I also have a neighbor who's a physician. He asked me to bring this letter. He couldn't be here today, because he had to do surgery, and -- about his position on this issue, as well. Thank you. Chair Hardemon: Thank you. You know, you make things very --you can give it to the Clerk, yes. But you make this very difficult for the GMCVB (Greater Miami Convention and Visitors Bureau) President, because he advertises these peacocks all over the world as a wonderful thing in the City of Miami. It's just a -- you know -- minor traffic burden. Right? Ms. McCall: Well, the wonderful thing about the peacocks is you can just have one or two of them, and they're gorgeous. Chair Hardemon: But when there's 31 of them -- Ms. McCall: You know, when there's 31 of them in your front yard, they're no longer so gorgeous. You know what I mean? I Chair Hardemon: Thank you so much. Ms. McCall: So that's the thing; just to be able to control the population. I'm certainly not for getting rid of the peacocks. They're a part of Coconut Grove. They've always, I guess, since they were brought over from Asia, apart of the Grove. But the truth is, is everything in moderation. 31 --that's more people than live on my street, so to put it into perspective. Chair Hardemon: Lucky street. Ms. McCall: Huh? Chair Hardemon: You have a lucky street. City of Miami Page 30 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Ms. McCall: Thank you. Commissioner Carollo: I think you said one word that -- Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. I appreciate it. You said one word that's really the key there, "moderation" on peacocks. You said you moved in 2001 and you hadn't seen any. There were quite a few family of peacocks. You had them in Natoma Street, between 17th to the highway. You had them in Secoffee, between Natoma and 22nd Avenue and the arteries. You had another group in the -- 22nd Avenue, on both sides. And then you had a lot of them on the square between Tigertail, South Bayshore, 17th, and where the streets stop. They had so many there, including a white one that something was worked out around that time to take some of them to South Dade. What apparently has happened is that in all those years -- we're talking about now 19 years, approximately -- the population has grown a lot more. So now, instead of maybe having a group of six or seven or eight, you've got the 31 that you were talking about. And so, I could understand what you're saying. Chair Hardemon: Thank you very much, ma'am. Ms. McCall: Thank you. Chair Hardemon: Is there anyone here that is left for public comment on today's morning agenda? Do you have a question, Mr. Manager? Emilio T. Gonzalez (City Manager): Mr. Chairman, yes. I know that some issues have been brought up this morning regarding the Police Department. Would you like Chief Colina to address those quickly here? He's right outside. Or do you want to --? Chair Hardemon: I'm sure Chief Colina would like to address issues. He's someone that does not skirt away from serious issues within the City of Miami. And so, when he is ready, he'll indicate to you, and then you can indicate to me, and we can create a time for him to address this -- the body. Mr. Gonzalez: Very good, sir. Chair Hardemon: Thank you. Mr. Clerk, you had something you wanted to state? Mr. Hannon: I'm sorry. So the public hearing is closed? Chair Hardemon: If there is no more public comment from any other individual -- Madam Holmes, I did see that you spoke earlier. You had -- Ms. Holmes: (INAUDIBLE) several people that spoke twice. I just -- Chair Hardemon: Come to the --come closer to the microphone. Can you come closer to the microphone? So there was a young lady that -- Ms. Holmes: No. I just wanted to reiterate something to say --I'm sorry. Yes, sir. Chair Hardemon: There was a young lady that did speak twice. Ms. Holmes: Yes. City of Miami Page 31 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Chair Hardemon: She had an additional two minutes that were granted to her from the audience -- Ms. Holmes: Yes. Chair Hardemon: -- because she had more to say. Is that something that you would like to also have? Ms. Holmes: Yes; that same opportunity. Chair Hardemon: Is there anyone that would like to donate their two minutes? I see an individual that's raised her hand. Make sure you capture her name for the record, please. Ms. Holmes: Bless you, my dear sister. It's a sister. Chair Hardemon: She is a sister. Ms. Holmes: Okay. Chair Hardemon: She's one of (INAUDIBLE). Ms. Holmes: And I just wanted to take the opportunity to reiterate that you're my Commissioner, (UNINTELLIGIBLE), and I have the deepest admiration for Commissioner Reyes I've known, and for Commissioner De La Portilla. And I'm building my relationship. But I come and spend a lot of time here. I'm a sister. I live on fixed income, but I do over 50 hours volunteer since all of you have known me. I'm upset, Commissioner. When children are constantly hurt, and I'm sitting here trying to be all that -- I'm stronger, I'm wiser, I'm better, and I know I only got two minutes. But when do you limit my passion and limit my resources? I want you to know I've been here several times on that scooter, all busted up. I'm sick and tired of the brutality against black women, particularly in District 5. And I'm sick and tired of the police brutality. But the bullying that comes, the running around that comes when you have a process that should be a sunshine process in order for me to get information. I'd like to make this public request: I'd like to know all -- or review all the budget -- Mr. Clerk, verbally here, and I'll follow up -- the budget for the Anti -Poverty Initiative monies; the distribution report, the performance report on those who received it. Do we still have those, or do you just get it at the beginning and be gone? And I'd like to know, what is the equity report for women? Commissioner, it's too disparate. And yesterday when I came here and heard about affordable housing, I counted four black folks. Well, I know most of the public housing development, and as the Executive Director of Wave of Women in Public Housing Development is being sold. How can you not see the disparity? How could you not see the disparity of me and my children? How could we not look at the LAC (Homeless Assistance Center) and see who's there? How could we not see whose old mother is laying next to guys who just been released from prison in downtown? Well, I do, I record it and I come. I report it and I share it. I ask for the resources. What I got to do man; have another heart attack in order to access resources? But I got brothers never walk with me, never spent time in trauma ER (emergency room), never spent time at 367 funerals. Why is it -- am I not intelligent enough to access? Is the process not (UNINTELLIGIBLE)? Commissioner, I need your help before you leave -- Chair Hardemon: Yes, ma'am. City of Miami Page 32 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Ms. Holmes: -- because you're my Commissioner. I don't need promises that can't be followed up. I don't need my good work go to harm, and I don't need to be disrespected. I need your help, because if one more black child; one more child, period; one more woman gets hurt in Overtown, we're going to have a problem. Chair Hardemon: Thank you. Ms. Holmes: We're going to have a problem in here at City Hall, because if I can't sleep there, I'll sleep right out front, too. And if a police officer don't like strong black women that are belligerent, outspoken and Toastmasters, well, seems like it's a personal issue to me. Chair Hardemon: Thank you. Ms. Holmes: Thank you. Chair Hardemon: We have an -- yes. Whoa. Tangela Sears: Good morning. Tangela Sears, Florida Parents of Murdered Children. I'm here in support of the Chief. I work very close with the department, and I am in support of the Administration that he's appointed around him. They work with us from day today. I don't see any racial issues, anything that needs to be looked into. I think it's -- he's being fair to the entire City of Miami. And he's been working with us, trying to decrease the number of murder cases within the City of Miami. And we need to continue with the work and trust in the decisions that he makes for the department. Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am. Ella Moore: Thank you. Good morning. Good morning, Commissioner. Good morning, Mayor. My name is Ella Moore. I'm a retired police officer with the City of Miami Police Department; as well as the former President of the MCPBA, the Miami Community Police Benevolent Association. And as a past President, I've had the opportunity to work with Chief Colina. And during my experience with Chief Colina, we have talked several conversations about diversity and promotions, and just making the department a level playing field for all that work there. I truly support what he's doing. He has always had an open-door policy when it came to issues of black police officers when I was the President to be able to come in and speak with him. And if we didn't agree, we agreed not to agree, but we also came up with resolutions to issues that we did have. So I truly support him. I support his staff- they're doing an excellent job. And I wish you all would continue to support him. That's it. Chair Hardemon: Thank you very much, ma'am. Is there anyone else from the public that would like to speak on today's morning agenda? Seeing none, I'll close today's public comment. MV - MAYORAL VETO(ES) City of Miami Page 33 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MV.1 RESOLUTION 6965 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE City Commission INDEPENDENT AUDITOR GENERAL TO INVESTIGATE THE ACCUSATIONS PRESENTED AT THE DECEMBER 12, 2019 CITY COMMISSION MEETING DURING THE DISCUSSION OF AGENDA ITEM D1.5; FURTHER DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE A STATUS REPORT ON THE INVESTIGATION AT THE JANUARY 23, 2020 CITY COMMISSION MEETING. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item MV.1 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing MV.1, please see "Public Comment Period for Regular Item(s). " END OF MAYORAL VETO(ES) Citv, ofMiami Page 34 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 6690 A PERSONAL APPEARANCE BY RODNEY BARRETO REGARDING AN UPDATE ON THE SUPER BOWL. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PA.] was rolled over to the February 13, 2020, Regular Commission Meeting. PA.2 PERSONAL APPEARANCE 7007 PERSONAL APPEARANCE BY THE CITY MANAGER. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PA.2 was rolled over to the February 13, 2020, Regular Commission Meeting. END OF PERSONAL APPEARANCES City of Miami Page 35 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 CA - CONSENT AGENDA CAA RESOLUTION 6886 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: VILLAGE OF MIAMI SHORES, CITY OF DORAL, CITY OF MIAMI SPRINGS, CITY OF FLORIDA CITY, VILLAGE OF BAL HARBOUR, CITY OF HIALEAH GARDENS, TOWN OF SURFSIDE, TOWN OF BAY HARBOR ISLAND, VILLAGE OF INDIAN CREEK, VILLAGE OF VIRGINIA GARDENS, TOWN OF MEDLEY, AND CITY OF SUNNY ISLES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, THE "FLORIDA MUTUAL AID ACT." MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon. Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item CA.] was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 36 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 CA.2 RESOLUTION - Item Pulled from Consen' 6937 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Resilience and ACCEPT AND APPROPRIATE A REIMBURSEMENT GRANT SustainabUity AWARD FROM THE SOUTHEAST SUSTAINABILITY DIRECTOR'S NETWORK ("SSDN") IN A TOTAL AMOUNT OF $300,000.00 ("GRANT") TO THE CITY OF MIAMI'S ("CITY'S") OFFICE OF RESILIENCE AND SUSTAINABILITY ("DEPARTMENT") FOR THE RESILIENT MULTI -FAMILY HOUSING INITIATIVE ("INITIATIVE"); FURTHER AUTHORIZING THE CITY'S IN -KIND SERVICES MATCH IN THE TOTAL AMOUNT OF $550,000.00 TO FUND THE INITIATIVE ADMINISTERED BY THE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS INCLUDING NECESSARY CONTRACTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SSDN FOR SAID PURPOSES TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF THE GRANT AWARD FOR THE PERIOD COMMENCING JANUARY 1, 2020 AND ENDING DECEMBER 31, 2021, WITH THE OPTION TO RENEW FOR UP TO TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT -TO -EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item CA.2 was deferred to the January 23, 2020, Planning and Zoning Commission meeting. For minutes referencing Item CA.2, please see "Order of the Day. " Citv ofMiami Page 37 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 CA.3 RESOLUTION 6923 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Office of the City PAYMENT TO THE CITY OF MIAMI ("CITY') IN THE AMOUNT OF Attorney FIFTY ONE THOUSAND DOLLARS ($51,000.00) FROM HDR ENGINEERING, INC., AND DRC, INC., IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF CITY OF MIAMI V. HDR, ENGINEERING, INC., ET AL., CASE NO. 11-03622 CA 01 (27), PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE ("AGREEMENT'); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item CA.3 was rolled over to the February 13, 2020, Regular Commission Meeting. CAA RESOLUTION 6891 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE and Mayor CITY OF MIAMI, FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item CA.4 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item CA.4, please see "Order of the Day. " Citv ofMiami Page 38 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 CA.5 RESOLUTION 6892 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF and Mayor THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN AS STATED HEREIN. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item CA.5 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item CA. 5, please see "Order of the Day. " END OF CONSENT AGENDA City of Miami Page 39 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 PH - PUBLIC HEARINGS PHA RESOLUTION 6884 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Resilience and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Public Works CONFIRMING, AND APPROVING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND WATER MANAGEMENT TECHNOLOGIES, INC., A FLORIDA PROFIT CORPORATION ("WMT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF WATER DEPOLLUTION AND CONTAMINATION REDUCTION ("SERVICES") OF ALL NAVIGABLE CANALS, OUTFALLS, AND THE BISCAYNE BAY WATERS FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER FUNDING SOURCES SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PH.] was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item PH.], please see "Public Comment Period for Regular Item(s). " Citv ofMiami Page 40 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 PH.2 RESOLUTION 6899 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Finance VOTE, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS OF COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE AND NOT ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") AND APPROVING THE PROCUREMENT FOR THE CITY'S FINANCE DEPARTMENT OF A FINANCIAL SERVICE INFORMATION, DATA, SOFTWARE, AND EQUIPMENT TERMINAL SYSTEM FROM BLOOMBERG FINANCE L.P. ("BLOOMBERG"); ALLOCATING AND APPROPRIATING FUNDS FROM THE FINANCE DEPARTMENT'S BUDGET ACCOUNT NO. 00001.162000.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A BLOOMBERG TERMINAL USE AGREEMENT ("BLOOMBERG AGREEMENT") WITH BLOOMBERG FOR A TERM OF NOT TO EXCEED TWO (2) YEARS FOR AN ANNUAL USE FEE NOT TO EXCEED TWENTY- SEVEN THOUSAND DOLLARS ($27,000.00) PER YEAR FOR A TOTAL AUTHORIZED AMOUNT NOT TO EXCEED FIFTY-FOUR THOUSAND DOLLARS ($54,000.00) IN ACCORDANCE WITH BLOOMBERG'S QUOTE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO FUTURE ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS AT TIME OF NEED HAVING BEEN PREVIOUSLY MADE, IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE LAWS, AS MAY BE NECESSARY FOR SAID PURPOSE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PK2 was rolled over to the February 13, 2020, Regular Commission Meeting. END OF PUBLIC HEARINGS Citv ofMiami Page 41 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 RE - RESOLUTIONS REA RESOLUTION 6990 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVOKE THE RECOMMENDATION OF Commissioners APPROVAL TO THE ART IN PUBLIC PLACES BOARD AND TO and Mayor NOT EXPEND ANY ART IN PUBLIC PLACES FUNDS ALLOCATED AND PLANNED FOR SOUTH SHENANDOAH AND SWANNOANOA POCKET PARKS ("SS & S POCKET PARKS') UNTIL THERE HAS BEEN A DECISION BY THE RESIDENTS WHO PATRONIZE THE SS & S POCKET PARKS; FURTHER DIRECTING THAT THE ART IN PUBIC PLACES FUNDS CONSISTING OF TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($24,500.00) AS PREVIOUSLY ALLOCATED FOR THE SS & S POCKET PARKS BE MAINTAINED AND HELD UNTIL FURTHER NOTICE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.] was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 42 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 RE.2 RESOLUTION 6872 MAY BE WITHDRAWN Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Human Services ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DEPARTMENT OF HUMAN SERVICES GENERAL FUND, IN A TOTAL AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00), TO KRISTI HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR FINANCIAL ASSISTANCE IN PROVIDING TREATMENT, ADVOCACY, AND COORDINATION OF SERVICES FOR CHILDREN THAT ARE VICTIMS OF SEXUAL ABUSE AND HUMAN TRAFFICKING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item RE.2, please see "Order of the Day. " Citv, ofMiami Page 43 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 RE.3 RESOLUTION 6935 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00) TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("P.U.L.S.E."), IN SUPPORT OF P.U.L.S.E.'S YOUTH LEADERSHIP ACADEMY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.3 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item RE.3, please see "Order of the Day. " Citv ofMiami Page 44 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 REA RESOLUTION 6902 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR Commissioners FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY and Mayor MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND ANA ELENA LEIGHTON ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1221 SOUTHWEST 14 STREET, MIAMI, FLORIDA 33145 ("PROPERTY') FOR A PURCHASE PRICE OF FOUR HUNDRED NINETY THOUSAND DOLLARS ($490,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY THOUSAND DOLLARS ($520,000.00) TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF APPRAISALS, SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.4 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 45 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 RE.5 RESOLUTION 6895 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING THE APPOINTMENT AND and Mayor COMPENSATION OF JOHN ELIZABETH ALEMAN AS THE EXECUTIVE DIRECTOR OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE. S was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item RE.S, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " RE.6 RESOLUTION 6991 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners ESTABLISHING A MIAMI 21 REPORT AD HOC TASK FORCE and Mayor ("TASK FORCE") TO WORK WITH THE CITY OF MIAMI S ADMINISTRATION FOR RECOMMENDATIONS ON POSSIBLE CHANGES TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.6 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 46 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 RE.7 RESOLUTION 6998 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE NOISE PROHIBITIONS FOR SUPER BOWL 2020 RELATED and Mayor EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING SUPER BOWL 2020 OCCURRING FROM JANUARY 29, 2020 THROUGH FEBRUARY 2, 2020. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.7 was rolled over to the February 13, 2020, Regular Commission Meeting. RE.8 RESOLUTION 6999 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE NOISE PROHIBITIONS FOR MUSIC WEEK 2020 RELATED and Mayor EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MUSIC WEEK 2020 OCCURRING FROM MARCH 25, 2020 THROUGH MARCH 29, 2020. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Citv ofMiami Page 47 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item RE.8 was rolled over to the Februaty 13, 2020, Regular Commission Meeting. END OF RESOLUTIONS City of Miami Page 48 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 6924 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY', TO CREATE NEW DIVISION 25/SECTIONS 2-1350, TO BE TITLED "LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD", TO PROVIDE FOR THE COMPOSITION AND DUTIES OF THE BOARD AND OTHER RELATED MATTERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.] was rolled over to the Februaty 13, 2020, Regular Commission Meeting. For minutes referencing Item SR.], please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 49 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 SR.2 ORDINANCE Second Reading 6893 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY', TO CREATE A NEW SECTION 2-894 TITLED "MEETINGS", TO PROVIDE THAT ABSENT EXPRESS APPROVAL OF THE MIAMI CITY COMMISSION, NO MEETINGS OF ANY CITY BOARDS, COMMISSIONS, COMMITTEES, OR TASK FORCES SHALL OCCUR ON ANY HOLIDAY RECOGNIZED BY THE CITY OF MIAMI OR BY THE FLORIDA SUPREME COURT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.2 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item SR.2, please see "Order of the Day. " SR.3 ORDINANCE Second Reading 6915 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION and Mayor ESTABLISHING A TEMPORARY TWO HUNDRED SEVENTY (270) DAY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES IN THE CITY OF MIAMI; DECLARING ZONING -IN -PROGRESS AS TO THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING PERMITS OR ZONING ENTITLEMENTS FOR PUBLIC STORAGE FACILITIES; PROVIDING FOR EXTENSION OF SAID MORATORIUM BY RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item SR.3 was deferred to the January 23, 2020, Planning and Commission Meeting. Citv ofMiami Page 50 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 For minutes referencing Item SR.3, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " SRA ORDINANCE Second Reading 6918 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33(C)(1) OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO EXPRESSLY PROVIDE THAT AN ELECTED OFFICIAL MAY PLACE AN ITEM ON THE CITY COMMISSION AGENDA AT ANY TIME UP TO NOON ON THE DAY THAT THE AGENDA IS REQUIRED TO BE PRINTED IN ACCORDANCE WITH SECTION 2-33 (F) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.4 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item SR.4, please see "Public Comment Period for Regular Item(s). " City of Miami Page 51 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 SR.5 ORDINANCE Second Reading 6663 AN ORDINANCE OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 6/ARTICLE I OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY "ANIMALS/IN CODE"), TITLED GENERAL," MORE PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING, ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE MANNER, SUCH MANAGEMENT PLAN SHALL BE SIMILAR TO THE PLAN DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.5 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item SR.5, please see "Public Comment Period for Regular Item(s). " Citv ofMiami Page 52 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 SR.6 ORDINANCE Second Reading 6925 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC and Mayor BEVERAGES;" MORE PARTICULARLY BY CREATING A NEW SECTION 4-13, TITLED "ENFORCEMENT," TO PROVIDE THAT AN ALCOHOL SERVICE ESTABLISHMENT SHALL NOT BE ENTITLED TO THE WAIVER OF ANY DISTANCE REQUIREMENTS PROVIDED IN SECTIONS 4-4 THROUGH 4-6 OF THE CITY CODE WHEN THE OWNER, AGENT, OR EMPLOYEE OF THE ALCOHOL SERVICE ESTABLISHMENT HAS PROVIDED TO THE CITY OF MIAMI AN ALCOHOL SURVEY THAT IS FRAUDULENT OR FALSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item SR.6 was rolled over to the February 13, 2020, Regular Commission Meeting. END OF SECOND READING ORDINANCES Citv ofMiami Page 53 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 6874 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCIAL INTEGRITY PRINCIPLES;" MORE SPECIFICALLY BY AMENDING SECTION 18-542(12)(A) OF THE CITY CODE REGARDING EVALUATION COMMITTEES FOR SOLICITATIONS FOR INDEPENDENT EXTERNAL AUDITORS; FURTHER AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE, TITLED "CITY OF MIAMI PROCUREMENT ORDINANCE," TO ADD A NEW SECTION 18-122; AND FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 4 OF THE CITY CODE, TITLED "AUDIT ADVISORY COMMITTEE;" MORE SPECIFICALLY BY AMENDING SECTIONS 2-946(C)(1),(2), AND (6) AND 2-950(1)-(4) OF THE CITY CODE, ALL FOR COMPLIANCE WITH SECTION 218.391, FLORIDA STATUTES (2019), TITLED "AUDITOR SELECTION PROCEDURES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Reeord: Pursuant to Chapter 2, Artiele II, Section 2-33(k), Miami City Code, item FR.] was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 54 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 FR.2 ORDINANCE First Reading 6900 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX;" MORE PARTICULARLY BY AMENDING SECTION 31-51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO REQUIRE SITE PLAN APPROVAL FOR FOOD TRUCKS ON PRIVATE PROPERTY THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A WEEK; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING FOR AN EXEMPTION OF SUCH REQUIREMENTS FOR PROPERTIES USED BY RELIGIOUS INSTITUTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item FR.2 was rolled over to the February 13, 2020, Regular Commission Meeting. FR.3 ORDINANCE First Reading 6789 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Commissioners AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES", BY and Mayor ADDING ARTICLE VII, TITLED "FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA- FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record. Item FR.3 was continued to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item FR.3, please see "Order of the Day. " Citv ofMiami Page 55 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 END OF FIRST READING ORDINANCES City of Miami Page 56 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 AC - ATTORNEY -CLIENT SESSION ACA ATTORNEY -CLIENT SESSION 6995 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE Attorney CONDUCTED AT THE JANUARY 9, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. 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 10:00 A.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 COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. 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. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item AC.] was rolled over to the February 13, 2020, Regular Commission Meeting. END OF ATTORNEY -CLIENT SESSION Citv ofMiami Page 57 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC - BOARDS AND COMMITTEES BCA RESOLUTION 6894 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND Office of the City MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE- Cierk CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: of the Midtown Community Redevelopment Agency of the Omni Community Redevelopment Agency of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: of the Greater Miami Convention and Visitors Bureau of the Florida League of Cities of the Miami -Dade County League of Cities of the Miami -Dade County Tourist Development Council of the Miami River Commission Citv, ofMiami Page 58 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.] was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item BC.1, please see "Order of the Day. " BC.2 RESOLUTION 7003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN Clerk PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.2 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 59 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.3 RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.3 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 60 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BCA 6672 Office of the City Cierk BC.5 6955 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.4 was rolled over to the February 13, 2020, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Citv ofMiami Page 61 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.5 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.6 RESOLUTION 6956 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Office of the City APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN Clerk INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Gabriel Paez NOMINATED BY: Civilian Investigative Panel MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.6 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item BC.6, please see "Public Comment Period for Regular Item(s). " City of Miami Page 62 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.7 6957 Office of the City Cierk BC.8 6958 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commission -At -Large MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.7 was rolled over to the February 13, 2020, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE COMPLIANCE TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portil MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.8 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 63 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.9 RESOLUTION 6330 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commission -At -Large Commission -At -Large MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.9 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 64 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.10 RESOLUTION 5547 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.10 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 65 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.11 RESOLUTION 6734 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Cierk AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large City Manager Emilio T. Gonzalez MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.11 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 66 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.12 RESOLUTION 4 iL•_\:7MY6]111j1[67►[6]0I:IZIJV_1J1[�'(K�]JIJII,�y[0]0I_1%Igo] I►II10We] N1:i1 f_11► Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Cierk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.12 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 67 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.13 RESOLUTION 6959 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS Cierk DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Manolo Reyes Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.13 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.14 RESOLUTION 1599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Citv ofMiami Page 68 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.14 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.15 RESOLUTION 5451 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL Cierk COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large Citv ofMiami Page 69 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.15 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.16 RESOLUTION 6960 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE MIAMI COMPLETE COUNT COMMITTEE FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portil MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.16 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 70 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.17 5199 Office of the City Cierk BC.18 5039 Office of the City Cierk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Keon Hardemon Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.17 was rolled over to the February 13, 2020, Regular Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Citv ofMiami Page 71 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.18 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.19 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME Clerk COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.19 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 72 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.20 RESOLUTION 5453 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD Cierk (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portil Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.20 was rolled over to the February 13, 2020, Regular Commission Meeting. Citv ofMiami Page 73 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 BC.21 RESOLUTION 5844 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS Cierk AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commission -At -Large MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.21 was rolled over to the February 13, 2020, Regular Commission Meeting. BC.22 RESOLUTION 5550 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR Cierk TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portil Commissioner Ken Russell Commissioner Joe Carollo Commissioner Keon Hardemon Citv ofMiami Page 74 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item BC.22 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 75 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 6027 A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY Commissioners PROCLAMATIONS. and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.] was rolled over to the February 13, 2020, Regular Commission Meeting. D1.2 DISCUSSION ITEM 6926 A DISCUSSION REGARDING INDEPENDENT TRAFFIC AND City Manager's ENVIRONMENTAL STUDIES IMPLEMENTATION PLAN Office MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.2 was rolled over to the February 13, 2020, Regular Commission Meeting. D1.3 DISCUSSION ITEM 6928 A DISCUSSION REGARDING THE CODE COMPLIANCE TASK Commissioners FORCE. and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.3 was rolled over to the February 13, 2020, Regular Commission Meeting. City of Miami Page 76 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 DIA DISCUSSION ITEM 7000 A DISCUSSION REGARDING THE CITY MANAGER Commissioners and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.4 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item DI.4, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " D1.5 DISCUSSION ITEM 7006 A DISCUSSION REGARDING OPTIONS AND QUANTIFIABLE PROJECTED COSTS FOR RETROFITTING EXISTING TROLLEYS Commissioners AND PURCHASING NEW TROLLEYS THAT ARE ELDERLY and Mayor FRIENDLY, SUCH OPTIONS TO INCLUDE BUT NOT BE LIMITED TO, SEATBACK GRIPS, BARS, OR OTHER DEVICES OR MECHANISMS WHICH CAN BE HELD ONTO WHEN SITTING DOWN OR STANDING UP. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.5 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item DI.5, please see "Public Comment Period for Regular Item(s). " City of Miami Page 77 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 D1.6 DISCUSSION ITEM 7004 A DISCUSSION ITEM REGARDING RACIAL EQUALITY WITHIN Commissioners THE MIAMI POLICE DEPARTMENT. and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.6 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item DI.6, please see "Public Comment Period for Regular Item(s). " D1.7 DISCUSSION ITEM 7005 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.7 was rolled over to the February 13, 2020, Regular Commission Meeting. For minutes referencing Item DI.7, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " City of Miami Page 78 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 D1.8 DISCUSSION ITEM 7008 A DISCUSSION REGARDING KEY TO THE CITY Commissioners and Mayor MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item DI.8 was rolled over to the Februaty 13, 2020, Regular Commission Meeting. For minutes referencing Item DI. 8, please see "Order of the Day. " END OF DISCUSSION ITEMS City of Miami Page 79 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEMS) PART B: PZ - PLANNING AND ZONING ITEMS) The following items) shall not be considered before 2: 00 PM PZ.1 ORDINANCE First Reading 6595 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 10544, AS AMENDED, THE MIAMI and Mayor- PZ COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY MODIFYING THE PARKS, RECREATION AND OPEN SPACE ELEMENT OF THE MCNP TO PROVIDE REQUIREMENTS FOR REPLACEMENT OF CONVERTED PARK LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adjourn RESULT: ROLLED OVER TO THE NEXT LIKE MEETING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record. Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.1 was rolled over to the February 13, 2020, Regular Commission Meeting. END OF PLANNING AND ZONING ITEMS) Citv ofMiami Page 80 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 NA - NON -AGENDA ITEM(S) City of Miami Page 81 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 NAA DISCUSSION ITEM 7070 DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE City Commission DESIGNATION OF CITY COMMISSION CHAIR AND VICE CHAIR. SULT: DISCUSSED RE Vice Chair Russell: Good morning, Mr. Manager. Emilio T. Gonzalez (City Manager): Good morning, Mr. Chairman. Commissioner Carollo: Excuse me. Vice Chair Russell: Are there items to be deferred -- Commissioner Carollo: Well, there -- Vice Chair Russell: -- continued or -- Commissioner Carollo: There are, but before you go on, I'd like to make a point of clarification so that we could start this meeting in the right way. There's a chairman, a vice chairman, and I think, an alternative that was named by the Mayor to run meetings. By Charter, the Mayor only has the authority to name the chairman. The vice chairman or any other positions can be named by this body itself. Therefore, I am going to make a motion that this body here and now names a vice chair or any additional positions that it so wishes. Vice Chair Russell: There is a motion. Is there a second? Mayor Francis Suarez: Mr. Chair, if I may, please? Vice Chair Russell: Yes, Mr. Mayor. Commissioner Carollo: No, the -- Mayor Suarez: Thank you, Mr. Chair. Commissioner Carollo: We're in the middle of a motion. He can speak -- Vice Chair Russell: No, no, please, please. Commissioner Carollo: IfI don't get -- no, you're not a chair right now. Vice Chair Russell: But I am. Commissioner Carollo: Understand that. You're not a chair. Vice Chair Russell: We had a -- Commissioner Carollo: Just because someone named you a chair that does not have the authority under the Charter -- City of Miami Page 82 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Mayor Suarez: You've got to be kidding. Commissioner Carollo: -- does not make you a chair. Vice Chair Russell: Commissioner, all due respect, I'm recognizing your motion. I'm recognizing your motion, but I am conducting this meeting right now. Commissioner Carollo: Well, you're really -- Vice Chair Russell: So -- Commissioner Carollo: -- not conducting this meeting. The meeting can be conducted by whoever this body names vice chair or any other position it wishes, so Mayor Suarez: That's incorrect. Vice Chair Russell: So -- Commissioner Carollo: No, it's not incorrect. Mayor Suarez: Yes, it is. Vice Chair Russell: I -- Commissioner Carollo: Madam City Attorney -- Vice Chair Russell: Just a moment. I am recognizing your motion. Is there a second to your motion? Commissioner Diaz de la Portilla: I will second it. Vice Chair Russell: The motion has been seconded by Commissioner Diaz de la Portilla. And now we'll open for discussion. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. The Charter is very clear that the mayor is the presiding officer of the Commission, and the mayor may designate the presiding officer function of the Commission. There's no such thing as chairman. There's no such thing as vice chairman. Those are words that we use colloquially. There is no chairman, there is no vice chairman. There's only one presiding officer: that's the mayor. And the mayor can designate that presiding officer at the mayor's discretion and will. There's no limitation on who the mayor can name as presiding officer. There's no limitation on when the mayor can himself become the presiding officer. And therefore, the mayor can name a presiding officer in the absence of -- as a commissioner, can delegate that. In the absence of that commissioner, the mayor can say this is going to be the next presiding officer. In the absence of that commissioner, the mayor can say this is going to be the next presiding officer in the absence of the mayor, who can be the presiding ojicer at any given moment because that's what the Charter says. The fact that we call it chairman, vice chairman, those are more colloquial terms that we've used over time. But it's really the presiding officer and that's very clear in the Charter that the mayor and only the mayor is the presiding officer, with the ability to designate who the presiding officer is. It's not about chairman or vice chairman and whether the Commission can decide who the City of Miami Page 83 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 chairman or the vice chairman or vice vice chairman. Beyond that, there is no ability to name a fourth, let's say, presiding officer because there would be no quorum in the Commission. So what my memo sets forth is if A happens -- in other words, if there's a full Commission, I designate X person as the presiding officer. If B happens -- in other words, if that person is not available -- I will designate someone else as the presiding officer. And if that person's not there, I will designate someone else as the presiding officer. So that is what the Charter says and it's very clear and that is uncontrovertible [sic]. That's not something that can be modified by the Commission. Vice Chair Russell: Thank you. Commissioner Carollo, you're recognized. Mayor Suarez: And I'll read it for you, if you want, Commissioner. Commissioner Carollo: Well, I've read it. I've read it. You don't need to read it. Where we're in agreement here is that you have not named -- or should I say that the Charter does not have vice chairman, does not have chairman. Mayor Suarez: Of course not. Commissioner Carollo: And that you did not per se use the word `presiding officer." You used the word "chairman" and you used the word "vice chairman" and some other interpretation that you've made. So, if I may, Madam City Attorney, we're in discussion. This can be a quick one to resolve so that we can move over. Victoria Mendez (City Attorney): I'm sorry. Could you get closer to the mike? I'm sorry. Commissioner Carollo: I'm sorry. I also am under the flu today but I am here. If I cough at some point in time, I hope you could all understand. But the question being is does the Commission get to name its vice chair or not? Ms. Mendez: As the Mayor said, the powers in the Charter just say that "the mayor shall be the presiding officer of the City Commission with the authority to designate another member of the City Commission to serve as presiding officer. That's all it says. It doesn't mention anything about an additional presiding officer or those types of vice chairmanships and all that. According to Mason's, the Commission can name a vice chairmanship based on regular procedures with regard to governing bodies, but that would be up to the Commission to decide what you would like to do. Commissioner Carollo: I understand that and that's what I'm trying to clam. Now going beyond that, my question is the Mayor named a presiding officer that is not here. I think it's clear that -- by your statement -- we could name our own vice chair. We could even go back to the title, if we like, that we've had in the past of vice mayor ourselves and have the authority to name someone to those titles. The question being now is more of a technical one, on presiding in itself. Can the Mayor, after he names someone the chair -- now he's saying that what he actually did was name them the presiding officer. I remember a time being here that he argued with me that he was the chair but that's then; we're here today. The direct question is, since he already named a chair and that chair is not here, where does that put us? Can the Commission name a vice chair or another similar position by another name, such as vice mayor, that can chair the meeting for us or not? City of Miami Page 84 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Ms. Mendez: The -- if -- Commissioner Carollo: With the chairman -- Ms. Mendez: -- the Commission -- Commissioner Carollo: With the chairman not being here -- Ms. Mendez: Right. Commissioner Carollo: -- that he named. Ms. Mendez: With the -- the Commission can definitely accept what the Mayor has done or -- which has been the custom and practice -- the Commission can, amongst themselves, name a vice chair for the meeting. But I do think that it is clear in the Code who the presiding officer is. Unfortunately, the Mayor has traditionally done it for the year, so I don't know if we're going to start changing that process, but that has been the custom and practice of this Commission that it has been named for the year. The authority that the Mayor definitely has is to name a presiding officer. I mean, that is unequivocal. Commissioner Reyes: My -- Mayor Suarez: Mr. -- Ms. Mendez: The vice chairmanships can be done pursuant to Mason's. And Mr. Clerk, you can jump in at any time, but the -- Mason's does allow for the body to pick a vice chair. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I have a simple question. In the absence of the person that was chosen by the Mayor to preside over this meeting, does the Mayor has the authority to choose another person to preside the meeting? That's the only question that I have. Ms. Mendez: Again, the Charter -- Commissioner Reyes: Or is the Commission the one that has the power to choose who it is? Just tell me and it is a very simple question. Ms. Mendez: Yes. Commissioner Reyes: Does the Mayor has the power or do we have the power? That's it. Ms. Mendez: The mayor, pursuant to the Charter, just picks the presiding ojficer. Commissioner Reyes: Okay. Ms. Mendez: It doesn't say anything else. Commissioner Reyes: Okay. For the -- he can change it in any Commission City of Miami Page 85 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 meeting? Ms. Mendez: That is not how it has been done in the past. Commissioner Reyes: That doesn't matter. Vice Chair Russell: That was not the question, Madam City Attorney. Commissioner Reyes: No. Ms. Mendez: So -- Vice Chair Russell: By the Charter. Ms. Mendez: -- if the -- Commissioner Reyes: By the Charter. Ms. Mendez: By the Charter, the only thing it says is that he picks the presiding officer. Commissioner Reyes: Okay. Ms. Mendez: There is nothing that precludes the Commission from accepting the presiding officer as he has placed in the memo. They can accept the vice chairman, as they have in the past. However, if the Commission does not want to, the Commission can decide to pick a vice chairman amongst themselves. They can because that is allowed -- Commissioner Reyes: But that -- Ms. Mendez: --per -- Commissioner Reyes: That is in the case that we are going to pick somebody that is going to act as chair when the person that was picked by the Mayor is not here, right? Ms. Mendez: Correct. There's nothing that precludes you from doing that. The body -- Commissioner Reyes: That doesn't preclude that. Ms. Mendez: -- can do that. Commissioner Reyes: But in this situation that we are now, where we are now today, today at 9 o'clock in the morning, nine something okay, does the Mayor has the right or the power to pick who is going to chair this Commission meeting? Ms. Mendez: The section in the Code -- Commissioner Reyes: Does -- or the Commission is the one that it has the power to do it? That's it. (UNINTELLIGIBLE). City of Miami Page 86 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Ms. Mendez: He can do it, yes. However, the board can do it as well. Commissioner Reyes: Oh, okay. Ms. Mendez: I mean, it's not in a space in time -- unfortunately, it is very -- I mean, it doesn't say the mayor can do the presiding officer at each meeting. It doesn't say that the mayor picks, you know, during --you know, 50 times during the day. Commissioner Reyes: Oh, my god. Ms. Mendez: He's picked a presiding off cer. The presiding off cer is not here. The board can choose to accept the vice chair -- as we have in the past -- named by the Mayor or the board can name its own mayor [sic]. At the end of the day, the chairmanship of the Commission is bound by whatever the board allows that chairmanship to do. Commissioner Reyes: Okay. Mayor Suarez: Mr. Chair, if I may. Vice Chair Russell: Mr. Mayor, you're recognized. Mayor Suarez: Yeah. And this is becoming a repeated problem, and this is going to resurface itself in the mayoral veto. We cannot just start reinventing laws here. That's not the way it works. The Charter is very clear. Mason's does not have any role to play in this matter. Mason's is only usable -- and Clerk, correct me if I'm wrong -- in the absence of some clear direction, in the absence of some clear rule. There is no lack of clarity here. The rule is very, very clear. The Charter is very -- it's not even a rule; it's the Charter. It's not an ordinance. It's our governing document that our residents voted on. And the Charter only vests -- in fact, the Charter says that the mayor is the presiding officer. We can debate about whether you can call it presiding officer or chairman until we're blue in the face. It doesn't matter what you call it. The mayor is the presiding officer and only the mayor has the right to designate the presiding officer. That is not something that Mason's can change. It's not something that you default to Mason's after, you know -- there's just no ambiguity. The mayor is the presiding officer and the mayor can designate the presiding officer. When they designate one person and that person is not there, the mayor can designate the next presiding officer and the following presiding officer. Obviously beyond that, there's no quorum so there's no point in designating a further presiding officer. But that's -- it's an unequivocal responsibility of the mayor. There is no limit -- irrespective of whether the mayor has typically done it for a year, a year and a day, 15 days, 25 days, you know. The chairman is -- the chairman of the Commission, the presiding officer, that I've designated, he has an election so he's not going to be here for an entire year because he's going to have to resign at some point, so that's going to change. It changes and it has changed historically so -- within the year for a variety of reasons. But there is no limitation on when the presiding officer or how the presiding officer can be designated. There's no case that does that which would be the only thing that you could use to interpret the charter. It's not about Mason's. This is not -- you know, Mason's is rules of procedure and in the absence of a law on something, you can default to a rule of procedure from Mason's, but you can't do that when the Charter explicitly outlines the powers. That is the contract with the citizens of the City of Miami. Mr. Clerk, I see you nodding your head in the affirmative. City of Miami Page 87 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Russell: Mr. Clerk, you're recognized. Mr. Hannon: Yes, sir. That is correct. Absent a rule or a custom, Mason's is primarily a guide. And in this particular case, I believe you would follow what's in the Charter or the Code. Mayor Suarez: Right. Thank you. Vice Chair Russell: So we have a motion and we have a second. I'm going to weigh in for my part as the plaque in front of my name says vice chairman for the moment. We're going to find out where we go with this. From my interpretation, 4(g)(1) of the Charter, Powers and Duties of the Mayor, the mayor shall be the presiding officer of the City Commission with the authority to designate another member of the City Commission to serve as the presiding officer. So we're going to stick to that language. Let's say the vernacular of chair/vice chair is separate from that. It then goes into the Code, one step down, Section 2-34(a), in accordance with the provision of the Section 4(g)(1) of the Charter, the mayor shall be the presiding officer of the City Commission unless the mayor designates another member of the City Commission to serve as the presiding officer. My interpretation of that is at any time he can wake up or even come into the middle of City Commission and say I would like to be the chair of this meeting or I will be the presiding ojTcer of this meeting, as I have that right, or he can designate anyone. Even in this moment, he could designate me, Commissioner Carollo, any one of us as the presiding officer. Beyond that, Mason's also has -- even though it's written clearly, it follows practice and we have a very established practice and history of naming a chair/vice chair, and the mayor's always done that. So this motion -- my only concern on this motion is that it actually injects something into the Charter level which is not something this body has the authority to do. But it seems there may be some differences of interpretation. Commissioner Diaz de la Portilla: Well, we need to dispense of the motion so -- Vice Chair Russell: We do. Commissioner Diaz de la Portilla: So let's have the sponsor of the motion respond to that, I think. Commissioner Carollo: I think that this could be looked upon in two ways: one is whether the mayor can name a vice chair that will be presiding in this meeting. And what I suggest that we can resolve this real quickly, if you like, is that you either do one or two things: you designate as chairman to be the presiding officer, Commissioner Russell for this meeting or you come and preside the meeting yourself, one or the other. I would be happy to withdraw my motion if you would do that until we further look into this. However, I think you need to start using the correct title under the Charter, presiding officer. Now even so with that, that still gives us the right, as long as we don't name the title `presiding officer" to name other titles up here in our -- within this council. And we're talking about two different things now and I hope you understand what I'm saying. I'm not saying that you do not have the right to name a presiding officer. You need to start calling the presiding officer `presiding officer/chair, " if you like so it will be clear. But we have a right to call someone if we want to or name someone and elect someone vice chair, other titles, if City of Miami Page 88 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 we so wish, up here. So to try to cut to the chase, Mr. Mayor, it's very simple. Just name Commissioner Russell the presiding officer for this meeting. I would withdraw my motion. I'm sure the seconder would too, and we could move forward into the next part. Mayor Suarez: Yeah. I mean, look, I think I'm very --you know, I was very clear that the chair -- that the Charter is very specific that there is only one person who can name a presiding officer as a Commissioner and that is the mayor. And if you felt that my memo was unclear, let me clarify it for you. The -- my memo will name and my ore tenus statement right here names Commissioner Keon Hardemon as the presiding officer. In Commissioner Keon Hardemon's absence, Commissioner Ken Russell will be the presiding officer. And in Commissioner Ken Russell's absence, Commissioner Alex Diaz de la Portilla will be the presiding officer of the Commission. Does that clarify it for you? Commissioner Carollo: Then the only thing you need to specify is that for today's meeting Commissioner Russell -- Commissioner Reyes: That's right. Commissioner Carollo: -- would be the presiding officer. Mayor Suarez: I just did. Commissioner Carollo: Okay. Mayor Suarez: I just did. Vice Chair Russell: Alright, so let's move on. We have clarified that the Mayor is designating me as the presiding officer for today. Commissioner Carollo: That's correct. Vice Chair Russell: Is the -- does the mover withdraw the motion? Mayor Suarez: I am -- Commissioner Carollo: I just stated that I -- Mayor Suarez: Excuse me, Commissioner. Commissioner Carollo: I just stated that I would. Vice Chair Russell: Thank you. Mayor Suarez: I'm naming the presiding officer until I change -- Vice Chair Russell: Right. Mayor Suarez: --new presiding officers. Thank you. Commissioner Reyes: Okay, for today. City of Miami Page 89 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Diaz de la Portilla: Don't get too comfortable. Vice Chair Russell: Yeah. We need just magnets on these signs so we can swap them around. Alright. Mayor Suarez: Thank you. Vice Chair Russell: So thank you. The motion has been withdrawn. We are currently at the order of the day. Mr. Manager, is there -- are there any items you'd wish to continue, defer -- Commissioner Reyes: Mr. Chair. Vice Chair Russell: --or withdraw? Mr. NA.2 DISCUSSION ITEM 7071 COMMISSIONER REYES REQUESTED A MOMENT OF SILENCE FOR THE LATE JOSE RILO. City Commission FRESULT: DISCUSSED We are currently at the order of the day. Mr. Manager, is there -- are there any items you'd wish to continue, defer -- Commissioner Reyes: Mr. Chair. Vice Chair Russell: -- or withdraw? Mr. -- Commissioner Reyes. Commissioner Reyes: Before we continue, I would like to ask for a moment of silence because we have lost a person that spent many years serving the City of Miami, Jose Rilo (UNINTELLIGIBLE). He was -- while he was in the Sanitation Department, he was very efficiently kept our city clean. And I would like for all of us to just honor them -- honor him because -- with a moment of silence, please. Vice Chair Russell: Thank you, Commissioner. (Moment of Silence) Commissioner Reyes: Thank you very much. Vice Chair Russell: Thank you, Commissioner. NA.3 DISCUSSION ITEM 7072 MOTION TO ADJOURN THE JANUARY 9, 2020 CITY OF MIAMI City Commission COMMISSION MEETING. MOTION TO: Adjourn RESULT: ADJOURNED City of Miami Page 90 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon. Russell Chair Hardemon: I know earlier, Mr. Clerk, we created an order of the day with items that we wanted to consider before we consider any other business. I understand, however -- no -- well, I'm sorry. There's still more public comment. We have a personal appear -- we have two personal appearances. Our first personal appearance is Mr. Rodney Barreto. Commissioner Carollo: No. That's not part of the order of the day, how we established it. Chair Hardemon: So I read the order of the day. I understand what the order of the day is. I want you all to remember something very, very important that's important to all of the residents of the City of Miami, and why we have them speak before we make any decisions. We have them speak, one, because it's required by the law for them to have an opportunity to be heard, and it must be reasonable, that opportunity. But what -- as Chairman, what I standby -- and this is not something that I've invented yesterday. This is something, after being Chairman for three previous years, this being my fourth year as Chairman, that I understand greatly that there are individuals who are residents of our community, who are business owners, who are leaders, who all come here to speak to us -- many times, for only two minutes -- and they should have the opportunity to be heard at a reasonable time, right before this City Commission. And the issue that we have when we don't allow them to do that is -- one, it's violative of the Florida Statutes, inactionable [sic]; and two, that it is just not decent of us. And the one thing that I will be remembered by, if anything in this world, is that I've been fair and decent to people. And so, with that being said, there are two personal appearances that are on the record that you, yourself, Commissioner Carollo, made a big deal about when another individual wanted to be placed on public appearance, and those two individuals are still present before this body. One of those individuals that I was -- that I just called is Mr. Rodney Barreto. Mr. Rodney Barreto has an opportunity to be heard before this City Commission. Commissioner Carollo: He certainly does -- Chair Hardemon: But moreover -- Commissioner Carollo: -- but he has a right to be heard -- Chair Hardemon: -- moreover -- Commissioner Carollo: -- when the City Commission decides in putting -- in placing the order of the day. Chair Hardemon: -- but moreover, I would think that there are things that you want to argue about on the Miami City Commission that we would choose our battles and not let them be things that are not things that are of significant importance when it comes to being heard. Allow the man to be heard during public comment time, as we traditionally do. In fact, we typically handle our personal appearances before we even allow the public comment. It didn't happen that way at this meeting. Commissioner Diaz de la Portilla: Mr. Chairman, Mr. Chairman -- Chair Hardemon: The reason that we've allowed the -- Commissioner Diaz de la Portilla: -- Mr. Chairman -- City of Miami Page 91 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Chair Hardemon: -- I'm speaking, sir. Commissioner Diaz de la Portilla: -- there's a motion that has been -- Chair Hardemon: There's no motion, sir. Commissioner Diaz de la Portilla: -- it's already passed, Mr. Chairman. Chair Hardemon: Sir, sir, you're interrupting me. Commissioner Diaz de la Portilla: You're out of order, sir. Chair Hardemon: No, I'm not out of order. Commissioner Diaz de la Portilla: You are. Chair Hardemon: I'm the Chairman. I am -- Commissioner Carollo: You are out of order. Commissioner Diaz de la Portilla: You're out of order, sir. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: Listen, it does not matter -- Commissioner Diaz de la Portilla: A motion has been made; it has passed. Chair Hardemon: So I'm speaking and -- Commissioner Diaz de la Portilla: You can't reverse a decision of the Commission. Chair Hardemon: It does not matter however you all come together and created a plan to hack the Miami City Commission. What matters is that you have individuals on public comment that have an opportunity to be heard, and they will be heard; that's what this is about. There is no motion to -- Commissioner Carollo: No, no, it's about something else that's very different, and you know it well. Chair Hardemon: So I'm going to recognize Mr. Barreto -- Commissioner Carollo: You cannot. Commissioner Diaz de la Portilla: You will not do that. Chair Hardemon: Mr. Barreto, you're recognized -- (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: -- you're recognized to speak, Mr. Barreto. Commissioner Carollo: I make a motion that we stick -- Chair Hardemon: Mr. Barreto, you are recognized to speak. Commissioner Carollo: -- I -- you are not. I make a motion -- City of Miami Page 92 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Diaz de la Portilla: I move -- Commissioner Carollo: -- Madam City Attorney -- Commissioner Diaz de la Portilla: -- that we adjourn the meeting. I move that we adjourn the meeting. Commissioner Carollo: There's a motion that the meeting be adjourned. Chair Hardemon: Is there a second? Commissioner Diaz de la Portilla: I second. Chair Hardemon: It's been moved and seconded. Any further discussion? Seeing none, all in favor, say "aye." Commissioner Carollo: Aye. Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Nay. Motion passes. Three -- Mr. Reyes, Mr. Carollo, and Mr. Diaz de la Portilla, this agenda has come to an end. Commissioner Carollo: Rodney, you know and you have met with me on this issue -- Rodney Barreto: Yes, sir. Commissioner Carollo: -- several times. Chair Hardemon: Mr. Barreto, it is not about you. Commissioner Carollo: You could meet with me any time. Chair Hardemon: It's not about you, Mr. Barreto. Mr. Barreto: I know it's not. Commissioner Carollo: You could meet with me -- Chair Hardemon: We're sitting here and we have an issue with Commissioners who want to abuse their authority, and that's what this has come to. And so, the City of Miami will suffer as long as they continue to act like children and do that. Commissioner Reyes: I just want to -- Chair Hardemon: And I want to make it very clear. I want to make it very clear to everyone here. There is not one person on this board that's going to cower to anyone who's tried to use as their political authority to make a fool out of this Miami City Commission -- we're here to do a job, one job. And if this is what we have to do to make it work, then that's what we're going to do, because I'm going to honor every single one of you as individuals, every single one of you as workers in the City of Miami to not have to bend and cower to anyone who wields authority on this board. This is about a collective authority, and it should always be that; about doing the right thing for the people of the City of Miami. City of Miami Page 93 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Commissioner Carollo: And what the problem here is that -- Chair Hardemon: We could do this all day. Commissioner Carollo: -- you don't like majority rule. Chair Hardemon: All day. Commissioner Carollo: You don't like democracy. Chair Hardemon: All day. Commissioner Carollo: You don't like the way it was. Chair Hardemon: All day. It's not about (INAUDIBLE) -- Commissioner Carollo: How much money has that Mayor raised for you? Chair Hardemon: It's not about -- that's not -- Vice Chair Russell: Turn off the microphones. Commissioner Carollo: How much money has that man raised for your campaign? Chair Hardemon: (UNINTELLIGIBLE). Maybe I'll be -- Commissioner Carollo: The City Manager -- Chair Hardemon: Listen to me. It does not matter -- Commissioner Carollo: -- I'm talking about the City Manager. How much money has he raised for you? Chair Hardemon: This won't work, sir. Commissioner Carollo: Huh? Chair Hardemon: It won't work. Commissioner Carollo: Well, it will work -- Chair Hardemon: It won't work. Commissioner Carollo: -- because you know the way the law is and the way the law works Vice Chair Russell: Cut the microphones, please. Commissioner Carollo: -- the majority (UNINTELLIGIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON). Vice Chair Russell: At this point, the meeting has been adjourned. Commissioner Diaz de la Portilla: The meeting has been adjourned. City of Miami Page 94 Printed on 311112020 City Commission Meeting Minutes January 9, 2020 Vice Chair Russell: And these statements can be construed out of the sunshine, so please cut the microphones. The meeting is over. ADJOURNMENT The meeting adjourned at 11:11 a. in. City of Miami Page 95 Printed on 311112020