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HomeMy WebLinkAboutCC 2020-01-23 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 23, 2020 9:00 AM Planning and Zoning 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 23, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 23rd 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 Chair Hardemon at 9:02 a.m., recessed at 12:16 p.m., reconvened at 2:33 p.m., recessed at 6.04 p.m., reconvened at 6.35 p.m. and adjourned at 10:10 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:08 a.m., Commissioner Carollo entered the Commission chambers at 9:11 am., Commissioner Russell entered the Commission chambers at 9:12 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:21 a.m. ALSO PRESENT. Joseph Napoli, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the January 23, 2020 meeting of the Miami City Commission in these historic chambers. The members of the City Commission are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, the Vice Chairman; and myself, Keon Hardemon, the Chair. Also on the dais are Joseph Napoli -- I'm sorry, Joseph Napoli, our Deputy City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. I will open the meeting with a prayer, and lead the pledge of allegiance. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEMS) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 7075 Honoree Presenter Protocol Item Lidia Aguirre Mayor Certificate of Merit Javier Hernandez Mayor Certificate of Appreciation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Lidia Aguirre. Ms. Lidia Aguirre was recognized for her service in representing the best qualities of the City of Miami Police Department. Ms. Aguirre has served for over 21 years as an Accountant Senior in the Budget Unit of the Miami Police Department. During this time, she has exhibited hard work, ethics, and continued dedication to the City of Miami and her colleagues. Elected Officials paused in their deliverance of governance to honor, City of Miami Page I Printed on 512012020 City Commission Meeting Minutes January 23, 2020 commend, and thank Ms. Lidia Aguirre for her service in the City of Miami and wished her farewell in her retirement. 2) Mayor Suarez and Commissioners presented a Certificate of Appreciation to Mr. Javier Hernandez. Mr. Hernandez, a successful barber and business owner, spends his weekends helping the homeless by offering his haircut and styling services free of charge for those who need it most. His integrity and humility have instilled pride and encouraged those he serves to pursue a pathway to prosperity. Elected Officials paused in their deliverance of governance to honor, commend, and thank Mr. Javier Hernandez for his actions embodying what it means to create a Miami for everyone. Mayor Suarez: Thank you, Mr. Chair. Presentations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Oct 10, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: The Chair would like to entertain a motion to approve the AM.], City Commission Planning and Zoning December 12, 2019 minutes. Vice Chair Russell: So move. Commissioner Carollo: What number are we on? Vice Chair Russell: Minutes. Chair Hardemon: The meeting minutes. It's been properly moved by the Vice Chairman and seconded by Commissioner Diaz de la Portilla. Commissioner Carollo: I'm sorry, I didn't hear you. Again, what is it that --? Chair Hardemon: AM.1, the Planning and Zoning December 12, 2019 City Commission meeting minutes. Commissioner Carollo: Okay. Todd B. Hannon (City Clerk): And Chair, I do apologize that there is a typo there. That should be for the October 10, 2019 City Commission meeting. My apology. Chair Hardemon: October 10th? Commissioner Carollo: What number again did you say, Commissioner? City of Miami Page 2 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: AM.1 we're -- Commissioner Carollo: AM], up top. Chair Hardemon: Correct. Commissioner Carollo: Okay. I see it now. All right. Chair Hardemon: And I'm sure that the mover, and of course, the seconder would agree to the amendment that it is October 10, 2019, and not December 12. Commissioner Carollo: Okay. Vice Chair Russell: Yes. Chair Hardemon: Seeing no further discussion on the item, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. ORDER OF THE DAY Chair Hardemon: We will now make our presentations and proclamations. Our Mayor will be here for -- in a minute. In the meantime, we'll have our City Attorney read the order of the day. Victoria Mendez (City Attorney): Thank you, 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 Office, or online at www.municode.com. Any person making a presentation, or formal request or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the City Clerk, or online at www.municode.com. Pursuant to Section 4(g) of the City Charter, the Mayor may veto certain items approved by the City Commission within 10 days. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on 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 your ease of reference. Anyone wishing to appeal any decision for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Ojfce of Communications or viewed online at www.miamigov.com. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in opposition or support to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. 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 notes 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 City of Miami Page 3 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 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 shall not apply during budget hearings. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Before any PZ item is heard, all those wishing to speak must be sworn by the City Clerk. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard for applications requiring City Commission approval. The applicant will present its application and request of the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to deliberation. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be set forth as in Miami 21 and in the City Code, providing the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection, pursuant to Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Later Chair Hardemon: So at this time, I'd like to open the floor for public comment. If you're a member of the public and you're here for public comment -- Well, before we do that, I want to make sure I call on the Administration. Do you have any continuances or deferrals, or anything that you want to announce for the record? Joseph Napoli (Deputy City Manager): Yes, Mr. Chairman. Chair Hardemon: Yes. Mr. Napoli: Good morning, Mr. Chairman, Mr. Vice Chairman, Commissioners. Chair Hardemon: And also, please make sure you tell us if it -- what the action is first So if it's a continuance, and then tell us the item. Mr. Napoli: Okay, Mr. Chairman. 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 withdrawn, PA.1, personal appearance by the City Manager; to be withdrawn, RE.4, appointment of the DDA (Downtown Development Authority) executive director; to be withdrawn, 51.6, discussion waiving noise prohibitions and extended hours of alcohol sales. Commissioner Carollo: Which is the first one that you said you wanted deferred? Mr. Napoli: The first item was to be withdrawn. Commissioner Carollo: Oh, withdrawn? Mr. Napoli: Yes, sir. Commissioner Carollo: Which one is that? Mr. Napoli: It is PA.1 -- Commissioner Carollo: PA.]. City of Miami Page 4 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Napoli: -- personal appearance by the City Manager. Chair Hardemon: Are there any other items? Commissioner Carollo: For the record -- Mr. Napoli: No, there weren't. Commissioner Carollo: -- on PA.1, this was what the Manager was screaming out loud that he was not allowed to speak, even though on December 12 when we brought the issues related to him, and there was a majority vote of this Commission to fire him. He was only ten minutes away from coming here and this meeting went on for hours and hours after that that he could have come. He could have met with any one of us at any time, like you would expect a normal employee to meet with his superiors to explain anything that he needed to; he never did. I had to call him for a meeting, which you were present, to give him the opportunity since he had never called me. And I was told basically that on the issue related to his home that's under investigation by our Auditor General that the reason that he didn't speak about this and he didn't meet with any of us to speak about it or anything else was because he didn't know if it was under investigation or not, and he wanted the dust to settle on the investigation. So surprise, surprise; he doesn't want to speak after all. Furthermore -- and let me be very, very clear -- personal appearances are not for a city manager. The City Manager is the City Manager. Personal appearances is for the public out here, and there are very specific areas of the Charter that talks about that. So having said that, if we want to vote on these items to be deferred or if anybody else wants to add anything -- Chair Hardemon: Commissioner --Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Question for the City Attorney: Are we able to take up deferrals, continuance, withdrawals of PZ (Planning and Zoning) items at this time? Commissioner Carollo: Nope. Victoria Mendez (City Attorney): Now we changed the Code section that -- to allow us to address them at any time of the day. Vice Chair Russell: Thank you. So I'd like to know for -- I know there are a lot of folks here on PZ items, even at this time of day. And so, as a courtesy to them, if there are items that are intended to be withdrawn, deferred or continued, it would be good for us, as an Administration, to let them know at this time included in this vote. Chair Hardemon: I haven't decided if -- so basically, with the PZ items in the past, we would have public comment on PZ items at 2 o'clock. This is obviously a change, because now we can have public comment on items for PZ in the morning. I'm trying to decide whether or not I'm going to eliminate the 2 o'clock public comment for PZ and just bring everyone in the morning, so everyone has the time to speak, or keep still a 9 o'clock and a 2 o'clock. If I keep a 9 o'clock and a 2 o'clock, it can be flexible, because it will allow the public to speak in the morning -- in case you have to speak in the morning -- or in the afternoon -- in case you have to speak in the afternoon. You still won't be allowed to speak twice, so it's still one or the other. And so, it may be better to have a 9 o'clock and a 2 o'clock than just have one, because I don't want to bombard the Commission with public comment at one time of the day, which means that we won't get any business done during that time of the hour. So I'm still mulling over that. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 5 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: One thing to consider is that now under the new practice, there is a chance that we could take up PZ items in the morning, as well. Chair Hardemon: Correct, yeah. Vice Chair Russell: So if someone is only coming at 2, they may actually miss the vote. Chair Hardemon: Right. Vice Chair Russell: So it's good for the public to know that (UNINTELLIGIBLE) -- Chair Hardemon: So we have to figure it out. We'll figure it out. But until then, we're going to announce the continuances and such, but we'll figure it out by the time the next Commission meeting starts. You're recognized, sir. I'm sorry. Go ahead. Francisco Garcia: Thank you, sir. Mr. Chairman, Commissioners. Francisco Garcia, Planning Director. From the Planning and Zoning agenda, I have the following items we are proposing to be deferred or continued. They are as follows. And again, I will read into the record exactly what -- which item it is about for everyone's information. Items PZ.4 and PZ.5, these are two items which are rezoning and land use changes for properties at approximately 430 Northeast 38th Street. We are requesting that those be deferred to March 26, the second meeting in March. Vice Chair Russell: Just a moment, Mr. Chair, because I know we're taking notes as he states; and so, I'd like to ask a question. Would it not be more prudent to put that as an indefinite deferral, which they could bring back in March with appropriate notice, but so that we don't keep kicking the can every two, three months and activate the neighborhood who feels they need to come out? If we do an indefinite deferral, it's a six month, but they could bring it back in March if they're ready. Up to now, they just simply haven't been ready; and so, we just keep pushing it. Is that --? Mr. Garcia: That certainly would be my preference, Commissioner. I know that the applicant has representatives here. I have received assurances from them that they would be ready to proceed in March, but that's all I have to go on at present. If their representatives are here and care to speak on the item, that certainly -- Vice Chair Russell: I -- my recommendation for the board would be an indefinite deferral, which gives both the neighborhood and the applicant the ability to regroup when they're ready, but not before. Mr. Garcia: Agreed. That would be for PZs.4 and 5. And the recommendation presently or the item before you is for indefinite deferral. PZs.6 and 7 -- Items PZ.6 and PZ.7 are the land use change and rezoning for properties at approximately 444 Southwest 2nd Avenue. This happens to be the site of the Miami Riverside Center. And the Administration is requesting that those items be deferred indefinitely, as well, so that further calibration can take place. Commissioner Diaz de la Portilla: Mr. Chairman -- yeah. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Yeah, what's the reason again? I'm sorry, Commissioner. Chair Hardemon: No, I called on you. Commissioner Diaz de la Portilla: Yeah, what's the reason for another deferral? Mr. Garcia: I will defer to the Administration, but there is a wish to explore the contents of the proposal further. I will defer to the Administration and/or the other applicants in this matter. City of Miami Page 6 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Mr. Napoli, the question --you represent the applicant so, you're recognized. Ryan Bailine: Good morning. Ryan Bailine, offices at 333 Southeast 2nd Avenue; not here representing the applicant. I'm here representing the ground leaseholder for the land. Chair Hardemon: Okay. Mr. Bailine: And it's been communicated to us, Chairman and Commissioners, that there are some issues regarding the overall redevelopment, if you will, so we're in accordance with what staff requested. We're happy to have an indefinite deferral for the next, you know, few months or several months until the Administration feels comfortable bringing this item back to you all. Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: And briefly, can you tell us what those issues are? Are you -- what are those issues? Mr. Bailine: It's been communicated to me that the Administration, as well as some of the senior administration want to understand better, I guess, the ground lease structure and the proposed redevelopment next door to the MRC (Miami Riverside Center) and how this rezoning, which was discussed in the ground lease and the transaction documents regarding this matter, how that will, you know, develop -- no pun intended, I'm sorry -- over the next few months. Specifically, we have been working with the Administration; not on the MRC parcel, but next door on the proposed redevelopment. And as that moves forward -- and not to take up too much time or to bore you -- but that proposed redevelopment is --from a design perspective, we're working with not just the City. We're working with FP&L (Florida Power and Light). We're working with FDOT (Florida Department of Transportation) and a couple regional agencies to get that finalized and crystalized, and move that forward. And then, I guess -- I don't want to speak for the Administration -- but as the next door development moves forward, then we would -- staff would bring back the rezoning. Sorry if I confused you there. Commissioner Diaz de la Portilla: No, you didn't confuse me. Mr. Bailine: Okay. Commissioner Diaz de la Portilla: My understanding is they moved -- those two parcels are going to move together, that the project is one project and two different parcels; one owned by the City and one privately owned. So -- Mr. Bailine: Commissioner -- Commissioner Diaz de la Portilla: -- why would you -- let me finish. Mr. Bailine: Oh, sure, sure, sure. Commissioner Diaz de la Portilla: -- move half of it forward and not the other half? Maybe the Admin -- maybe you're not the guy to answer the question, okay, maybe the Administration can answer it, Mr. Napoli or whoever you designate. Fernando Casamayor: Good morning, Commissioners. Fernando Casamayor, Assistant City Manager. As it comes to the property, yes, there would be two separate developments on there. One would be the City building, which would be owned by the City and operated by the City; and then there is the separate development, which is the commercial and residential, and housing component. The -- there are issues with the land. There's still a utility that hasn't been -- there's a main line for FPL that's running through the property that is still -- City of Miami Page 7 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: Through the private property? Mr. Casamayor: Through the land that would end up being our building, the City's building, so there's still some discussion regarding how to deal with that, whether you build over it or you have to move it. It may have some impact with the design and the development of the building. And so, we just wanted to make sure that, in an abundance of caution, we had time available in case this needed to change somehow. Commissioner Diaz de la Portilla: And what's your timeline? Mr. Casamayor: I'm assuming a couple months. We've been working with FPL for the last few months to see if we can get them to either move it on their own or give us a cost for the development to move it, or if they can build over it, like I said. Commissioner Diaz de la Portilla: From your perspective, that's the only obstacle that remains? Mr. Casamayor: That -- I mean, there are -- Commissioner Diaz de la Portilla: I mean -- Mr. Casamayor: Yeah, that one and there may be some design changes in the building, whether the affordable housing component is increasing or decreasing, but those are all things that can be handled even if the rezoning continues. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: About this project, everybody knows how I feel about it and the way that I have voted. Last time it came to us, it came for a vote, and none of those reasons for deferment were expressed by the proponent of this zoning change. As a matter of fact, we were ready to vote, and I moved it in order to be fair and I deferred it in order to be fair, because we didn't have a full Commission. And I even stated -- I stated clearly, "You know that I'm going to vote no but I" -- 'just to be fair with the proponents" -- I mean, "the developers, that they want a full Commission, I'll defer this." But this is very strange -- in my opinion, it's very strange and very surprising that now there are other issues that they just popped up that they were not here at the time -- at the day that we deferred this at that Commission meeting. It was ready for a vote, but now we have additional issues. I mean, that's a real quite -- I don't know if it is that -- I'm not a malicious old man that I think there is a conspiracy every place, but this doesn't smell good to me, you see. Vice Chair Russell: Mr. Chairman. Commissioner Reyes: Why then it was ready and now it is not? Chair Hardemon: Is there anyone that could address that question? Mr. Bailine: Commissioner, I wasn't here at the last meeting. I do know that it was deferred, but I can tell you over the last 45, 50, 60 days, the design of the project on the property next door has come from the second or third inning -- to use a baseball reference -- to like the eighth inning. And what's happened is the City's Administration, Planning Department, what have you, are now viewing this as an entire development, both parcels, and the FP&L issue is a real issue from a design and an operation perspective. I wasn't here last time, and I hear everything you're saying, and I totally get it. But over the last several weeks with the site plan, we're actually showing both parcels, Phase II future development, if you will, and it should be back in the City next week, hopefully, with the FP&L and the FDOT and City's Planning staff, what have you, that we can get this done in the next few months. And I know that the Administration had asked for an indefinite City of Miami Page 8 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 deferral. If this Commission would feel more comfortable with three months or four months or some time certain, I'm sure we can have our professionals work to make that happen. I wasn't here last time. I hear what you're saying, and I'm just trying to explain to you from the tenant's perspective what we are dealing with. Commissioner Carollo: Mr. Chairman. Chair Hardemon: The Vice Chairman and then you, Mr. Carollo. Vice Chair Russell: Thank you, Mr. Chairman. I don't think we need to dance around what the actual and political issues are here. This issue of -- or this plan of relocating and redeveloping our administrative building has taken years, gone to referendum, involved a lease, and now some zoning. If there is now a majority will of this body to actually kill the deal -- which there may be -- there are repercussions to that. And so deferring this rather than actually killing it -- the zoning portion of this deal -- today has repercussions. So I'd rather see it deferred so I can study the legal ramifications to see if we have exposure for undermining the zoning issue on land that we've already leased as part of this entire structure. I know some of you don't want to move the MRC to this new location and weren't in favor of the deal. But I'm concerned that if it actually gets voted down today, we may be exposed in a way that we're not prepared for. So I'd like to see a deferral simply to study that side of it better. Commissioner Carollo: And thank you. Chair Hardemon: Commissioner Carollo then -- Commissioner Carollo: I wish that you would have followed your own advice when you cost the City around $25 million or more on Flagstone, but that train left the station already, and we're on the hook for that. For those that are here or are going to be listening at home, this has to do with probably the biggest giveaway in the City's history after Marlins Stadium, the old Orange Bowl site. We've given away prime, around three acres or a little more of land, waterfront of the Miami River, where we have the most expensive government building in Florida, not because we built it, but because we got it for a good price from Florida Power & Light, who built it for their executives. And as I stated in a previous meeting many months ago, we're giving it away for less than the cost of the land value. And on top of that, afterwards, we got the surprise that they wanted us to put up around $I50 million in bond money so they could build it for us. Now, I hear another surprise and that is that we have all these electrical lines and what have you underneath the building. Now, does anybody here really believe that a developer that's going into a site like this that knows that Florida Power & Light built this, that they would not have looked into all the plans to know what was underneath before they proposed anything to the City? Of course, they'd have to have known. And if they didn't -- you know, we were tricked and there's malfeasance or misfeasance in the actions of these people with the City. So to hear this story now -- and of course, what we're not being told is how much more money it's going to cost all of you, not the developer. So I don't know how worse this deal is going to get, but I have -- in addition to the financial problems that I stated --some serious problems in the zoning in that property. So having said that, the Administration could do with it whatever it likes, but I'm very surprised at one thing. The Manager put down all these achievements that he achieved on his own, or created as achievements. Gee, he forgot to put this one down. I wonder why. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I hear you, Commissioner Russell. If there's going to be some ramifications and -- I think that any action we take it has legal ramifications, but I want to hear the opinion of the City Attorney, because if -- you see, my question still stands. How come it was ready about two or three weeks ago -- I mean, four weeks ago and it's not ready now? I mean, that is something that I don't understand. But if we kill it -- I mean, if we vote -- I don't know how the other Commissioners are going to vote, but my vote has been, since day one, the same. I don't City of Miami Page 9 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 change. I never backup, okay? But I want to know what ramifications is Commissioner Russell talking about. Victoria Mendez (City Attorney): I think that we need to -- first of all, I wasn't aware of the setbacks with the project. I would need to review the contract with regard to those type of setbacks and what the situation is for the City. I will tell you that remember, this is an item that the Commission requested outside counsel for, so I will need to discuss with them since they were the ones that negotiated this lease. Commissioner Reyes: Come again. Who requested outside counsel? Ms. Mendez: The Commission. Commissioner Reyes: We did? Oh, that's good. Okay. Ms. Mendez: So based on that, I would need to confer with outside counsel just to -- Commissioner Reyes: Well -- Ms. Mendez: -- discuss this. And we are just talking about the land use and zoning, and the issues that would be difficult with land use and zoning, so that's what we would -- Commissioner Reyes: That's not the question. The question is -- Ms. Mendez: No, no. Commissioner Reyes: -- if we kill it today -- Ms. Mendez: No, I -- Commissioner Reyes: -- then they would sue us, I mean, in plain language, you know. Ms. Mendez: Right, so we will -- Commissioner Reyes: They're going to go sue us if we kill it today. Is that true or isn't that true? Is that possible or it's not possible? And if it is, I mean, what chances do we have? Because this is a rotten deal. Like since the first -- day one I've been opposed to this, because economically, I think that it is a horrible deal and we don't need a new building. We need less people working in the building; that's what we need. Ms. Mendez: Since it's being deferred today, we will review all those issues, and we will brief you accordingly. Commissioner Diaz de la Portilla: Well, Mr. Chairman, we haven't decided we're going to defer it today. Chair Hardemon: No, we haven't decided yet. Commissioner Diaz de la Portilla: We haven't decided that. Chair Hardemon: Do we have other items though that we still need to put on the record for deferral? You're recognized. Mr. Garcia: I do, sir. Thank you. I do have a few more. Those were Items PZ.6 and 7 that we -- that were just discussed. Item PZ.9, which is a proposed zoning text to the Zoning Ordinance to require exception permits for marinas in civic space, we are going to ask that that item be -- I believe it would be continued to the February 27 meeting, because the Planning, Zoning and City of Miami Page 10 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Appeals Board needs to act on this before it comes back to you on second reading, and it has already been scheduled for the Planning, Zoning and Appeals Board on February 19. The next available City Commission meeting would be February 27. Commissioner Reyes: Through the Chair. Chair Hardemon: You're recognized. Commissioner Reyes: That is one of -- I mean, that's legislation that was sponsored by me. Are we sure that this is going to go before PZAB (Planning, Zoning and Appeals Board)? Mr. Garcia: It has already been scheduled, sir, yes. Commissioner Reyes: It's already been scheduled. And that's the only hurdle it has, right? Mr. Garcia: I'm sorry? Commissioner Reyes: The only hurdle it has is that one. Mr. Garcia: That is correct. Commissioner Reyes: Okay. Mr. Garcia: That is correct. Commissioner Reyes: So -- okay. Vice Chair Russell: Which item was that? Chair Hardemon: PZ.9. Mr. Garcia: That will be Item PZ.9. And again, to reiterate, the Planning, Zoning and Appeals Board will be hearing the item on February 19, and it will be back before this Commission, we expect, on February 27. Item PZ.10, which is an amendment to the Zoning Ordinance to change the median requirement, the AMI or area median income requirement, for workforce housing, that, too, has not yet been heard by the Planning, Zoning and Appeals Board. That, too, has been scheduled for the Planning, Zoning and Appeals Board in this case for February S. That will allow it to come back to the City Commission on February 13. And we are asking that the item be deferred to February 13. Commissioner Reyes: That's another one of my items. Mr. Garcia: Yes, sir. Commissioner Reyes: And I know they are very touchy items, but I don't know why they have taken so long, why they haven't been -- I mean, we've been kicking this around for a while. Why? Mr. Garcia: And they're ready to go forward, sir. The Planning, Zoning and Appeals Board, as I believe you may be aware, postponed the items, but we, out of deference to the Planning, Zoning and Appeals Board, went along with the postponement. We've actually moved them forward on their calendar as soon as we possibly can. They will be hearing them shortly. They will be back with you shortly for action. Commissioner Reyes: What would be the consequences if we -- voting on it without going through PZAB? City of Miami Page 11 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Garcia: That is not something that our Zoning Ordinance provides for. I'll defer to the City Attorney. Ms. Mendez: Unfortunately, pursuant to Florida Statute, PZAB has to give their advice. Commissioner Reyes: You just answered. Thank you, thank you, okay. Mr. Garcia: We'll move forward diligently. I understand your interest in them going forward, and we agree and acknowledge that we will take them forward quickly. Commissioner Reyes: Okay. Mr. Garcia: A few more items. Items PZ.13, PZ.14 and PZ.15, which are related in a fashion, these are respectively, in the case of PZ.14, an appeal of a qualified applicant status for a mural in the Design District area of Miami; in the case of Item PZ.15, a mural decision appeal for a relocation of a mural, also in the Design District area; and in the case of PZ -- I'm sorry, that was PZ.IS. And — Ms. Mendez: 13 is the one you didn't mention. Mr. Garcia: My apologies. PZ.13, I did not read. I will -- please strike that. I will make it clear on the record now. Item PZ.13 is a mural decision appeal for the relocation of one mural at 78 Northwest 37th Street. That appeal we are asking be withdrawn. In fact, we are withdrawing it, I think it's safe to say. Chair Hardemon: And let me ask you a question. Ms. Mendez: Yes, PZ.13, 14 and 15, all three of them at this time are moot and the Commission does not have to hear these items. Commissioner Diaz de la Portilla: They're not. Chair Hardemon: Yeah, but these are items that I want to talk about. Commissioner Reyes: Yes. Chair Hardemon: I want to hear, because as I understand the facts in this case, there are things that are worth discussing, the actions by Administration and by -- through the opinion, I guess, of the City Attorney's Office that I want to make sure we talk about, because I think this is something that we need to straighten out so that this board is aware of what's actually happening with our mural ordinances or the mural -- Vice Chair Russell: Program. Chair Hardemon: -- allowances, if you will, and that we can render our opinion about it. Okay? So these are -- any -- so any decision related to the mural appeals, we want to hear. Commissioner Diaz de la Portilla: I agree with you, Mr. Chairman. Mr. Garcia: We are presenting to you that the recommendation is that they be withdrawn. What I wanted to do briefly, sir, is put on the record exactly which items they are and what properties they pertain to, so everyone is fully aware. Again, to be clear, PZ.13, a mural decision appeal for a relocation of a mural at 78 Northwest 37th Street; PZ.14, a mural decision appeal, and this pertains to a qualified applicant status; and lastly, PZ.15, the mural decision appeal for a relocation of a mural at 70 Northwest 37th Street. Those three we are -- Commissioner Reyes: Mr. Chairman. City of Miami Page 12 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Garcia: --proposing to be withdrawn. Chair Hardemon: Yes. Commissioner Reyes: I do agree with you, and I think that we should hear this. We should hear this and we should -- Ms. Mendez: So you want to listen to appeals of items that are moot at this time? Chair Hardemon: No, we don't -- Ms. Mendez: Both of them have been asked to -- Chair Hardemon: Madam City Attorney -- Ms. Mendez: -- move the murals and -- Chair Hardemon: Madam City Attorney, what I want to make sure that we do -- we may not necessarily hear the appeal of the item -- Commissioner Reyes: That's right. Chair Hardemon: -- but we want to at least discuss what's going on here, and maybe we can have -- we opine about the issue, because, you know, as I -- you know, this mural ordinance thing, you know -- Commissioner Reyes: It's confusing. Chair Hardemon: -- part of our community believes that it's visual pollution. We, as a City Commission, have agreed to move forward with allowing murals. This issue, of course, affects my district. And there are issues that have been coming up about murals since the Design District decided that they wanted to allowthe murals in their area. And so, my worry about this is that we have players within the mural industry that are playing fairly and are not skirting around the laws Unidentified Speaker: Absolutely. Chair Hardemon: -- or abusing, if you will, their privilege. And so, I want to make sure that everything is on the up and up with all the mural players to make sure that the -- whatever is required by us and our mural ordinance is being adhered to by the people who are participating within it, and that no one's being taken advantage of, either the City or other property owners who are participatory in the mural code. That's what it is. Mr. Vice Chairman and then I'll recognize you. Vice Chair Russell: Thank you. Commissioner Reyes: I could add -- oh. Vice Chair Russell: Mr. Chairman. Commissioner Reyes: Okay, sure. Chair Hardemon: Vice Chairman, then you. Vice Chair Russell: Thank you. My recommendation then is that we begin the items, have our discussion; at which point, the Administration will explain why they're moot, because I believe City of Miami Page 13 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 there have been developments even in the last 24 hours that this body may not be aware of, which is what's causing the appeals themselves to be moot, but still warrant a full discussion on those murals, if we like and as well as the program. So I would recommend that we remove them from the order of the day as a withdrawal and we take it up at that time. Chair Hardemon: That's what I'm saying, right. Vice Chair Russell: Yeah. Ms. Mendez: Just know that everything that will be said here will be used against us in a court of law. As you can see, everybody's standing around ready to -- so I would request that they either be reset and we discuss in individual briefings and any questions -- and then if you still want to have them come forward and give all the information -- but it's my recommendation that you do not have any type of hearing today. Chair Hardemon: So right now it's on the agenda. We could decide later when we get to the items what we're going to do with them. But at least at this point, I don't want to remove them from the agenda, and I think the majority of us don't want to do it, either. So are there other items? Mr. Garcia: Yes, sir, two more. Chair Hardemon: You're recognized, sir. Mr. Garcia: Items PZ.16 and PZ.17, which are also related to the same property, these two items are appeals of Historic and Environmental Preservation Board decisions to deny; in the case of PZ.16, a Special Certificate of Approval for a property at 2167 South Bayshore Drive, also known as Villa Woodbine; and in the case of PZ.17, a Historic and Environmental Preservation Board decision to deny a Special Certificate of Appropriateness -- the other one was for approval; this one is for appropriateness -- also for the property at 2167 South Bayshore Drive, known as Villa Woodbine. It is the request of the appellant -- in this case, applicant/appellant -- that those two items be deferred to April 23. Commissioner Diaz de la Portilla: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: I would object to deferring those items, as well. I know the HEP (Historic and Environmental Preservation) Board voted on a tie vote 4-4. I want to hear the debate, so I would ask that we not defer those items. Chair Hardemon: Is the applicant present? Mr. Garcia: I certainly hope so. Commissioner Diaz de la Portilla: You're involved in everything. Mr. Bailine: Morning. Ryan Bailine, 333 Southeast 2nd Avenue, here on behalf of the appellant, Carrolton School of the Sacred Heart. We're requesting -- based upon the tie vote at the HEP Board for both of these items, under the rules of procedure for the HEP Board, that constituted a denial. We filed what we believed was a timely appeal and I believe that the City Attorney, you know, City Attorney's Office concurred it was filed in a timely fashion. And while we are working out some of the issues that were raised in front of the HEP Board, we would like this item to be deferred. Our architect actually is not even in town today. I'm here, obviously. I'm only one part of the team. And what we're asking for is a deferral to that April 23 agenda specifically so that we can work out the items and bring them back to the board. We also believe that we could use that City of Miami Page 14 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 time to refine our plans and better educate everybody as to exactly what we're proposing for that property. So we would request a deferral. Commissioner Carollo: While -- Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you. -- you go back to your architects to figure it out, make sure you include this one in figuring it out. Look at what happened with the school right across from you on Tigertail that does come all the way to South Bayshore Drive also, and the promise that were made to the neighborhood in the North Grove that by the expansion that they had, there would not be any more traffic, that they would take care of everything. And what you have today is one of the biggest messes in all of the City of Miami, if not the biggest, with traffic. You go by there in the afternoon sometimes, at the certain hour when the parents are coming to get the kids, and the traffic goes all the way from the school on Tigertail, just past Morris Lane, way past 22nd Avenue. And it'll take you half an hour just to cross that one block -- one -and -a -half block area. So what I'm telling you is that with my vote, save your money. Don't send or hire any lobbyists that you think can massage me or blow smoke up my ear or somewhere else, because there's no way in the world that you're going to receive my vote, because I know that no matter what your architects draw up, what you put down, the traffic that is going to come to this part of the North Grove is going to be unbearable; just like the other school that promised us everything, and the mess that we have there, we shouldn't have. In fact, it's another one of the goals that I'm surprised the Manager didn't put down as one of his achievements, the traffic mess in North Grove. And nobody does anything about it. Of course, we put an off -duty police officer there. He's just a traffic cop, but nobody does anything about it to force that school to bring everybody inside at one time; otherwise, bring less students. So I don't know how you guys are going to figure it out, but you're down one vote here. And you could come back this April, next April, whenever, and as long as I'm here, it's going to be a "no "vote. Chair Hardemon: Commissioner Diaz de la Portilla, Vice Chair Russell, then Commissioner Reyes. Commissioner Diaz de la Portilla: I only have a question. Why until April 23? You know, ever since I got here, I've been talking about, you know -- and before I got here I was talking about this Commission doesn't seem to have finality. Everything is kicked down the line, kicked down the road. Why so late? Why not have answers earlier and see if we could vote one way or the other, and move on to another matter? Mr. Bailine: The April 23 date, given the -- what we're doing in terms of looking at the locations, the sitings of the buildings, the way that the campus is proposed to operate, some of the issues that Commissioner Carollo just brought up about vehicle circulation, our consultants indicate they're going to need a few weeks to get that done. Commissioner Diaz de la Portilla: He just told you no matter what April, this April or next year, whatever, he's not going to vote for it, so you don't have that vote. The question is the same issues that were raised at the HEP Board are the same issues that are being raised now, petitions and everything else that's happened. We know what's happening. Mr. Bodine: Sure, sure. Commissioner Diaz de la Portilla: So why do you need until April 23? Mr. Bodine: The -- our transportation engineers and our architects and consultants have suggested that they need six to eight weeks and that falls out on spring break in Dade County, so we're requesting the following month, April. Commissioner Diaz de la Portilla: Okay. City of Miami Page 15 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Again, let's not dance around the issue. We've got an applicant who is the appellant, because they received a negative vote at the HEP Board. We have a neighborhood group, which is the opposition to the applicant/appellant. Both sides are seeking a deferral in the situation. There is no reason for us to waste our time and hear this today, so I would recommend for the deferral. That gives the neighborhood their side to -- Am I misunderstanding? Because that is exactly what was told to me. But the neighborhood seems to - - Well, I won't speak for them. But the applicant/appellant is seeking additional time. Clearly, they're not prepared. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I do understand that he's an applicant and he has --I mean, he's the appellant and he wants more time, and all that. But I'm going to echo Commissioner Carollo's opinion and I stated from day one, you see. And you're talking about bringing a new traffic study and all of that. Well, as a matter of fact, I had some legislation about traffic studies, that they should be performed by independent -- I mean, companies that they are not working for the developer, so we get a real feel of the impact, because I haven't seen a negative impact in the two years that I've been here. Having said that, nobody can convince me -- and I have nothing against Sacred Care [sic]. My sister went to Sacred Care [sic] in Cuba, you see, (Comments in Spanish not translated). I have nothing against them and all that. But if you drive in the afternoon on Grand Avenue, if you drive in Coconut Grove in the afternoon, it is a mess and I think that is unfair to keep on increasing the flow of the traffic, and the inconvenience that the neighbors are going to -- I mean, have to suffer if we have an -- 800 students in that small area that only has two -- I mean, only two streets to come in and out, you see. And -- Mr. Bailine: Can I just -- Commissioner Reyes: I don't know what you're going to bring, but if it is the -- I mean, the procedure is to give you and legally we have to do that, I'll go along for the deferral. But I want you to know the way I'm going to vote. Mr. Bailine: -- clarify one point, Mr. Chair -- two points, actually? Commissioner Diaz de la Portilla: Yes, sir. Mr. Bailine: The first point is I thought I heard you say 800 students. It's not 800 students; it was 335. But just to give the Commission a full picture -- Commissioner Reyes: (UNINTELLIGIBLE) 800. Mr. Bailine: -- just to give you a full picture, we're not just doing a traffic study. One of the reasons, Commissioner Diaz de la Portilla, that we also need some additional time is we are doing something with our existing schools that -- I don't know if I should -- okay, we are working with Freebee and we are setting up a pilot program for the existing Carrollton schools to see how we can work with using those facilities in the morning to lessen the vehicles that go by the existing Carrollton campuses and Ransom campus to try and alleviate some of that congestion. Commissioner Diaz de la Portilla: So why didn't you say so? Mr. Bailine: And that pilot program, which I believe will be implemented towards the end of next month, we're going to need some additional weeks. I apologize for -- Commissioner Diaz de la Portilla: So you're looking -- Mr. Chairman. City of Miami Page 16 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Bailine: We're trying to do some things that haven't been done before and think outside the box for all of the reasons that both Commissioner -- Commissioner Diaz de la Portilla: So you're looking to address the traffic issue. Commissioner Carollo has the traffic concerns that he has. Mr. Bailine: In a holistic way, yes. Commissioner Diaz de la Portilla: In a holistic way. Okay, that's the answer to the question. So it's better sometimes, I think, to get to the point of things instead of dancing around them. No one here is dancing around anything. I'm a very straight person. I'm straightforward. So when I ask a question, I prefer you answer it directly. This is what we're doing and this is what we're going to get. Mr. Bailine: This is one of the things that we're doing. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: So Item PZ.16 and 17 is also on the --for deferral. Commissioner Carollo: Can I address this one more time? Chair Hardemon: You can. Commissioner Carollo: You mentioned, Commissioner Reyes, that this is part of the Sacred Heart (UNINTELLIGIBLE) ? Commissioner Reyes: Yes, it's Carrollton. Commissioner Carollo: That's right. Commissioner Reyes: Carrollton. Commissioner Carollo: Well, you say your daughter went there. Commissioner Reyes: No, no, my daughter no; my sister, back in Cuba. Commissioner Carollo: Oh, your sister, back in Cuba. Well, my -- Commissioner Reyes: That doesn't preclude me from voting, right? Commissioner Carollo: No. I don't think so. Commissioner Reyes: Okay. Commissioner Carollo: Otherwise, I'd be in worse shape than you, because my aunt was a nun of the Sacred Heart and she had happened to have been a principal at two of the largest schools for the Sacred Heart in the world. So I'm somewhat familiarized with the education of the Sacred Heart -- Commissioner Reyes: It is great. Commissioner Carollo: -- through my aunt. Now having said that, here's a prime example that you've all been a witness to of why I will vote against this. You heard me speak of the gridlock that the other school -- I'm not mentioning the name, but we all know which school it is -- created when they expanded. This Commission -- when I was not here, when most of all -- most of us, if not all of us, were not here -- approved the expansion. And all of you that live in the North Grove City of Miami Page 17 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 or have a reason to go by there at certain times in the morning when parents are dropping off, and in particular, in the afternoon, when they're picking up, you know how long you have to wait there in traffic. It's unbearable. You heard me say that. You've heard me say that you just have a police officer that they hired, so he's got no interest about doing anything other than making sure he's getting his off -duty pay. Hopefully, in that one, they're paying by check, not by cash, like many other off -duty jobs in the city. But what did our Deputy City Manager do? He went like this, he went like that, and he doesn't intend to do anything about it, because this is how this Administration in particular has worked. So, Mr. Manager, I want to be very specific. If you need for me to, I'll be happy to put a -- Mr. Napoli: Commissioner, just -- Commissioner Carollo: -- resolution out -- Chair Hardemon: Mr. Manager, one second. Commissioner Carollo: -- right now. Chair Hardemon: Let him finish. Commissioner Carollo: If you intend to be upset with me, I would suggest that you save that for your new job, because I wouldn't want your new employers to see how you really are outside of a employment interview. Now I would respectfully request that you speak to the appropriate individuals in the civilian side of our government and also in the semi military side, the police, of our government so that we could go out there, film the traff c mess, the gridlock that you have in the morning, and in particular, afternoons, measure how many hundreds of feet back it goes, so I won't say blocks, and we get a full report and that something would be done about it, hopefully, before you leave in the next few weeks or whenever it is that you're going to decide to let us know when you're leaving so that the people in the North Grove and anybody else that passes by there can get some relief- they deserve that. They actually live in the City. They actually pay very high taxes, very high taxes, and they do not deserve something like that. Furthermore, I would suggest to the residents of the area that you ask the City Clerk to provide you with all the contracts, the promise, the agreements that the school made to the City in return for getting the okay to build more and getting more students. And you yourselves go out there and film the gridlock that you have here in the afternoon, so in case they don't do such a good job in filming, the Commission could see the real problems that you have there, and why I'm assuming many of you are here in opposition of this. Thank you. Chair Hardemon: Thank you very much. And those are the final items -- there are more items? Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: It's on for deferral, yes. Ms. Mendez: Mr. Chairman, if I may? There's a provision in our City Code that says, "The City Commission shall hear and consider all material facts to the appeal and render a decision within 45 days of filing such appeal, "so maybe that'll limit the -- Chair Hardemon: Yeah, but if the applicant is requiring the -- is asking for the deferral -- Ms. Mendez: Right, he's the appellant. Chair Hardemon: I'm sorry, the appellant. Ms. Mendez: So, it's made -- obviously, the provision is made so something does not linger. It doesn't say that, but obviously, that was the intent, because an appeal can linger forever and then City of Miami Page 18 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 someone is prejudiced. But if you want to somewhat limit the out date, that is something that you could consider. Mr. Bailine: We --just so you -- Mr. Chairman, we identified that issue to the City Attorney's Office, and we were told that that is something that the appellant could waive. To the extent that the Commission wants to set a boundary and call it April 23, hopefully, we would not -- you know, I would agree not to come back here on behalf of the appellant and ask for another deferral. Chair Hardemon: No. I'm sure --first, I'm one of those people that believes that a deferral or request for deferral is acceptable if it's not excessive, if there are legitimate reasons for it, you need the time, you represent an organization; to me, I understand it, right? I ask for continuances and deferrals in my line of work. Second, I will say that this board, I'm sure, is going to reel you in as much as they need to in order to address this issue, so I don't think that this is going to be something that is going to be abused. I think that there is will here to hear the item, to address the item and not to allow the item to linger. Mr. Bailine: I concur; I agree. Chair Hardemon: Yes. Commissioner Carollo: When you're done, Mr. Chairman, I just have one more -- Chair Hardemon: I'm finished. Commissioner Carollo: -- brief question of him. Chair Hardemon: You could ask him. Commissioner Carollo: Okay, thank you. Sir, this is not on this item. On the MRC one -- this is on the item of the MRC, our administrative building that you were representing before. Mr. Bailine: Yeah. Commissioner Carollo: I'm sorry, but I don't know if I missed who you were and, you know, if you're an attorney, an architect or what exactly. Mr. Bailine: I apologize. Yes, I am an attorney. 33 -- if I didn't put my address on the record, I thought I did. Commissioner Carollo: I don't know. Maybe it's -- I just didn't hear it. Mr. Bailine: My bad. Commissioner Carollo: I apologize if didn't. Mr. Bailine: Okay, 333 Southeast 2nd Avenue, with the law firm of Greenberg Traurig. Commissioner Carollo: Okay, Greenberg Traurig. When did you all get hired? When did you all get hired? Because I've never seen you before through any of this process. Mr. Bailine: We've been working with the tenant since the RFPs (Requests for Proposals) or offering memorandums were issued a couple years ago. We've been working with the senior Administration over the last 18 to 20 months. Commissioner Carollo: 18 to 20 months? I don't even remember this going for that long so -- City of Miami Page 19 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Bailine: I think it -- I could be wrong, but I think the original offering memorandums were issued about three and a halfyears ago. Commissioner Carollo: Okay. My question to you is, have you been around the other meetings to speak before us? Because I've never seen you before. I apologize if I missed you. Mr. Bailine: I was here in May and again in July when the Commission approved all of the agreements. Commissioner Carollo: Did you speak at that time or not? Mr. Bailine: No. We were -- we didn't -- there was no cause to -- there were no questions. Commissioner Carollo: No, no. I wanted to make sure if, you know, maybe I didn't take my smart pill today and I didn't remember you from that time, because I, frankly, didn't remember you coming up here and speaking to us. I remember lobbyists and influence peddlers that came up, but I didn't remember you, so that's why I was asking. So you -- Mr. Bailine: Some would say I'm not that memorable. Commissioner Carollo: Well, you -- but you stated tome you didn't come up some --you stated to me you did not come up, correct? Mr. Bailine: I'm sorry. I didn't hear you. Commissioner Carollo: You stated to me you did not come up to speak at that time. Mr. Bailine: We were here the day that the Commission approved -- I was here. Commissioner Carollo: You were here but you didn't speak. Mr. Bailine: Yeah, there were no questions that we needed to -- Commissioner Carollo: So that's why I don't remember you. Okay, you were just one more person of many that were here. Alright, thank you very much. Chair Hardemon: Mr. Vice Chairman. Mr. Bailine: Thank you. Vice Chair Russell: Thank you, Mr. Chairman. And just for the record, I was lobbied on this item over a year ago by this representative, as well. And even at that time, the challenge was put to them about traffic. Really, certainly that is -- of all the issues, the current appeal before us is Historic Preservation and trees. They have many hurdles to cross, but traffic is -- could be considered the knockout punch was my advice to them. However, I want to be very careful that none of us show a prejudice or a bias with regard to the issue before us on appeal before it's actually heard before us, because that'll weaken our decision. That'll weaken our decision. Chair Hardemon: No. I mean, look, I certainly -- I've always been a proponent of -- on quasi- judicial matters -- keeping your opinion to yourself until necessarily you've heard the facts. It could end up problematic. Sometimes -- most of the time applicants don't necessarily look to eliminate any Commissioners or any of us when we're making our decision from the board in making that decision as biased. And I haven't seen it litigated also in court, not from -- towards the City Commission but it's certainly possible. So, you know, just for all of us to kind of keep that in mind because, you know, it's a possibility. City of Miami Page 20 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: I understand that, but if they want to go to any court of law and claim that I have a bias because I don't want to see a neighborhood be completely stopped and gridlocked with traffic that they would bring, so be it. I, you know -- Chair Hardemon: No. Commissioner Carollo: --don't think they'll get too far with that. Chair Hardemon: Understood. Ms. Mendez: However, the Commission is obviously giving the appellant information that they will use in their development of their traffic information, so think -- Commissioner Carollo: That was my idea so that I could see the whopper of a story they're going to give me. Chair Hardemon: Please continue on with the request for continuances. Mr. Garcia: Thank you, sir. I've just been advised of two more requests for continuance. In this case, they are Items PZ.2 and PZ.3. Items PZ.2 and 3 are companion items, and these are for the land use change and rezoning for properties at approximately 3040 Carter Street, here in Coconut Grove. And the applicants are requesting that the item be continued to February 27. Commissioner Carollo: That's PZ? Chair Hardemon: 2. Mr. Garcia: 2 and 3. Commissioner Carollo: 2 and 3. Mr. Garcia: Yes, sir, 3040 Carter Street, to February 27. And that's all I have at present, sir. I'm happy to summarize. Chair Hardemon: No, it's not necessary. I'll have the Clerk do it. But before we do that, are there any other deferrals, continuances or withdrawals from the Commission? Commissioner Carollo: I might be bringing some as we move along, Commissioner. Chair Hardemon: Okay. Commissioner Carollo: But for the meantime, I'll leave it as we have it. With -- no, there is one that I might want to bring up now, but -- and this is the CA.S. I would like for that to be put into a separate Commission meeting. This is probably the biggest challenge that we face in the City of Miami. Ms. Mendez: The affordable housing master plan. Commissioner Carollo: Yeah. We need ample time to discuss this. Chair Hardemon: So let's -- how about we indefinitely defer it? Commissioner Carollo: Okay, indefinite deferral. Chair Hardemon: And then we can decide which meeting you want to put it on. City of Miami Page 21 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: And frankly, we need for the dust to settle to -- as Abbott and Costello used to say, "Who's on first? Who's on second?" Need to see who we have as Manager, a new Building Director or other positions in our City. Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: I have a question, Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: And to the Commissioner, perhaps. This doesn't set anything - - this doesn't really define anything, composition of the board or anything of that nature. Maybe the question is to you, Mr. Manager. Mr. Napoli: Yes. Commissioner Diaz de la Portilla: It doesn't decide anything. This begins the process of the debate, right? It begins the debate, in essence? Mr. Napoli: That's correct, Commissioner. What this is doing is accepting the plan. And the various recommendations, we would consult with the Commission and then bring back the various recommendations to the Commission once we are prepared to implement -- Commissioner Carollo: But it does -- Mr. Napoli: -- those specific recommendations. Commissioner Diaz de la Portilla: Accepting the plan, you mean, the limit -- does it set certain parameters for us accepting that plan -- Mr. Napoli: No, no, no. Commissioner Diaz de la Portilla: -- that we don't go beyond? Mr. Napoli: No, there are not, Commissioner. Commissioner Diaz de la Portilla: Well, you're accepting a plan. Mr. Napoli: You're just accepting -- you're accepting the report. Commissioner Diaz de la Portilla: So it's a floor; it's not a ceiling. Mr. Napoli: I'm sorry? Commissioner Diaz de la Portilla: Is it a floor? In other words, it's just accepting a -- well, maybe -- Mr. Napoli: Accepting the report as it is, and then the various recommendations we would bring back to the Commission to act or not act on. Commissioner Diaz de la Portilla: But if we have other suggestions that are outside that study -- Mr. Napoli: Yes, we would --they would be part and parcel to the plan, so we would consider those, as well. Chair Hardemon: Mr. Vice Chairman. City of Miami Page 22 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Thank you, Mr. Chairman. I would recommend that we vote on the issue simply to send the message that are we are serious about housing and we respect the process that we've gone through to work with FIU (Florida International University) Metropolitan Center, and the findings they have given us. It does not bind us. And in fact, some of the recommendations could be found to be illegal, but we don't need to parse through that before saying we accept the plan, and take this issue seriously. Just by accepting the plan, we're opening a door that it happened and we're going to deal with it. From here forth, we make the recommendations of which legislation to bring, how to spend our money, how to create policy. But I wouldn't recommend kicking the acceptance of the plan, at least that they've issue it that we came to the sunshine meeting about it. And I'd recommend we vote on it simply on a symbolic nature. It does not bind us. So that way, we can continue to discuss later. Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: Yes. I just want to make clear, by accepting the plan, we are not committing to all the recommendations of the plan. The only thing that we're saying is, "FIU, you gave us this plan. We are accepting it and we are going to analyze it and see which part it will be" -- I mean, 'feasible for us to implement", right? The final implementation, it is quite ahead and it is decided by us -- George Mensah (Director, Community Development): Yes. Commissioner Reyes: -- and by you guys, because you are the experts. And the people of -- the members of the board that we are going to form and -- they will provide their input for us to develop a plan. Mr. Mensah: Yes. My name is George Mensah, the Director for Housing and Community Development. Mr. Chair and Commissioners, what you said exactly is the case. This is just a report, a plan that gets accepted. And then each individual item will have to be discussed with Commissioners and have to come back to Commission for an action before anything can go. And I'll give you an example. The report includes splitting up permitting of affordable housing. And I know, Commissioner Reyes, you've talked a lot about how long affordable housing permitting takes. And I know District 2, we are feeling it right now with the project in your district as to how long it takes just to get an affordable housing (UNINTELLIGIBLE) and how long it takes. So that is something that the plan recommends. And one of the things that we do is once this plan is accepted, in the following months or so, we'll come back with an item that talks about how to speed up affordable housing action. Commissioners will look at it and decide if that's the direction they want to go. So any recommendation that is in there will have to be -- will come back to City Commission for approval before we can move forward. There are items that you talked about which is not even legal, that we can't do. For example, the vacancy tax. But if they give you a wide range of options, you look at what you can do, and then you move forward on it. So the plan does not bind the City on anything, whatsoever, so I just wanted to put it on the record. Chair Hardemon: So is it the agreement of the majority of us that we're going to hear this CA.5 item? Commissioner Carollo: Well, what I am again asking for is for this item to be heard as a stand- alone item. I'll be happy to meet at the earliest that we could put it out for a public meeting. This is too important to just vote for it without really getting into the meat of it. There are many things in the report that are fine, others that we need to look at. Mr. Mensah: Yes. Commissioner Carollo: There's an $85 million tag that is being attached to it. There are many other items that are being put into it. And this Commission, for the sake of just going along to get City of Miami Page 23 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 along, should not just vote for something blindly. If there are things in there that we're not going to be in favor of, let's put it up front from the beginning before we vote on it. Chair Hardemon: So let's do this. In the request -- Commissioner Carollo: And a few more days or a week is not going to harm anything. Chair Hardemon: So in the request for the order of the day, we'll remove it from that request and then we'll address that item specifically about whether or not we want to defer it, so let's stop talking about that issue for right now and deal with the order of the day without CA.5 in it, and then we'll come right to it. Commissioner Reyes: I do understand your concern, Commissioner Carollo, but I think that if I accepted the plan -- I mean, we are not committing ourselves and that is a step that has been taken. Chair Hardemon: No, no. Commissioner Reyes: Now I would like on CA.S the words removed, "negotiate and execute" language be deleted, you see. It's just acceptance. And make it clear, I think CA.4 also said "authorizing and directing the City Manager to accept 13" -- blah, blah, blah, blah, blah, okay. Okay, I mean, well, CA.5, I would like to remove that language and make it clear, make it clear that we are only accepting the plan. I mean, just like a report that is given to us and we will execute -- we will take ownership of them and we execute any part of it that we decide as a board. Chair Hardemon: So Commissioner Reyes, we can do that when we get to the item. Commissioner Carollo: If I could just say -- Chair Hardemon: But let me say -- Commissioner Carollo: --yeah. Chair Hardemon: Let me -- if we can, let's vote on the order of the day, and then we'll come back to CA.5. Commissioner Reyes: Okay. Chair Hardemon: Commissioner. Commissioner Carollo: One last statement, Commissioner, thank you. The word "acceptance, " go to the dictionary and see what it means. When you accept something, you are accepting it; you're taking it for what it's worth. I prefer, if you want to use a word, that you use that you "acknowledge"; acknowledge that you've received it, a big difference between "acceptance." But I really don't understand why we're rushing to acknowledge, accept, whatever, something that truly, if we're very serious about how we're going to go about this, we really need to spend hours on it, hours that we don't have in today's meeting. And I'm ready to meet on this tomorrow, but by law, we won't be able to, because we have to advertise, so it'll be next week. I'll meet with it, give it the time and consideration that it deserves. But it concerns me greatly that we're jumping in this right now, so it tells me that we're setting the wrong foundation and precedent from here on. Chair Hardemon: Okay. I want to add onto the agenda -- I mean, the order of the day, a withdrawal of PH. I. That's the Simply Healthcare Plan's donation to Hadley Park. It's in my district. Commissioner Carollo: Okay. You don't want that any longer? City of Miami Page 24 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: No. For $23, 000, we can install our own gym equipment and not put advertising. Commissioner Carollo: Okay, PH.], okay. Mayor Suarez: Mr. Chair, thank you. Chair Hardemon: You want to be recognized? Mayor Suarez: Yes, just quickly, on the affordable housing master plan, just to say that we -- Chair Hardemon: We're not -- let me do the regular (UNINTELLIGIBLE) -- Mayor Suarez: Sure, go ahead. Chair Hardemon: -- and then we'll come back to that. Mayor Suarez: Of course. Chair Hardemon: So, Mr. Clerk, can you go over the order of the day so that we know what our vote -- what we're voting on? Todd B. Hannon (City Clerk): Yes, sir. To withdraw, PA.1; to withdraw, RE4; to withdraw, S1.6; to withdraw, PH.1; to indefinitely defer, PZ.4 and 5; to indefinitely defer, PZ.6 and 7. Vice Chair Russell: I don't believe so. Commissioner Diaz de la Portilla: I don't believe 6 and 7 were included. Mr. Hannon: So we're removing that. Chair Hardemon: It was still in there -- Commissioner Diaz de la Portilla: Yes, remove. Chair Hardemon: -- but we could take it out for right now for this motion. Mr. Hannon: Okay. Thank you for the clarification. So PZ.6 has been removed from the order of the day. Commissioner Diaz de la Portilla: And 7. Mr. Hannon: Yes, thank you, 6 and 7. PZ.9, continued to February 27; PZ.10, defer to February 13; PZ.16 and 17, to defer to April 23; PZ.2 and 3, to continue to February 27. And that's all I have. Chair Hardemon: Okay. Is there a motion to approve the order of the day? Commissioner Carollo: So be it. Commissioner Diaz de la Portilla: So move. Chair Hardemon: It's been properly moved by Commissioner Carollo and seconded by Commissioner Diaz de la Portilla. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. City of Miami Page 25 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Motion carries. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: Now that we've done the order of the day, I'd like to open the floor for public comment. If you're here on any item on our agenda today that you want to speak on for public comment, now is your time to do so. Please approach any of the two lecterns. You can speak for two minutes. Please let us know which item it is that you're referring to. State your first name, your last name. You may state your address. And also remember to state the item that you're referring to. You're recognized, ma'am. Lovette McGill: My name Lovette McGill, 4771 Northwest 6th Avenue. And I do know that I'm probably out of order. As the chair of the Community Relations Board, I am begging District 2, District I and the Mayor, please fill your vacancy. It's inhibiting us with quorum, because if we don't have a full board, Chairperson, we can't do business. And by -- I just -- I keep begging. This is my last month as the chair. I'm termed out. I'll still be on the board as your appointee. Thank you for indulging me real quickly on this, but it's beginning to be a problem. So Commissioner Russell, please have your people to do -- you have some stuff already there waiting for your approval. District], just kindly please let us serve the City residents with their concerns by having a full board. That's it. Chair Hardemon: Thank you very much. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Very briefly, PZ.8, the mural, I'm here in support of the neighbors who are asking the City to enforce the law. That's it. I'd like to apply the rest of my time towards my personal appearance in case I run a little late. Thank you. Commissioner Carollo: PZ.8 -- Chair Hardemon: And I apologize for not calling the personal appearances before the public comment. I usually do that. But I'm going to finish up the public comment and then we'll get into the -- Mr. Cruz: I'll standby. No problem, sir. Chair Hardemon: Thank you. Mr. Cruz: Thank you. Chair Hardemon: You're recognized. David Maer: Good morning, Chairman, Honorable Commissioners, City Attorney. David Maer, Assistant State Attorney. I'm appearing on behalf of your State Attorney, Katherine Fernandez Rundle, 1350 Northwest 12th Avenue. I'm here just for a moment to enter into the record her letter on CA.3, which is the -- thanking the Commission for anticipated contribution, and thanking the residents of the City of Miamifor supporting the Human Trafficking Taskforce hotline and all of the work that is done in the investigation and apprehension of the offenders, as well as the counseling and provision of services to the -- those who are trafficked and are taken out of that web of crime and put into sustainable and safe futures. So I'd like to enter that letter into the record in support of CA.3. Chair Hardemon: Thank you very much, sir. Commissioner Carollo: David, thank you for being here, and thank you for bringing the letter of the State Attorney. I do have a question, because -- City of Miami Page 26 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Maer: Yes, sir. Commissioner Carollo: -- I think all of us would be more than happy to assist on something like this, in particular, something that the State Attorney has taken the lead through so many years in fighting and raising money for. But I do have to say this: This has come to us now in three different formats. It started in $10, 000 that was being asked for another organization from the Manager. Then it was sent -- deferred, sent to another department controlled by the Manager, but it came in a different form. Now it comes lastly on this. How did this whole process come about from the City of Miami in speaking to anyone so that we would be able to vote on this? Because, certainly, no one had reached out to me. I don't know if anyone has reached out to any of the members here. We certainly want to help. But what I don't want to --for anyone to get the impression that others can just go into our budget and decide on their own, and throw it at us for us to give monies away. I would have been happy from funds that I have at disposal to me to have contributed to that, but no one ever reached out to me. Again, I don't know if anyone has reached out to any other member of the Commission. So do you have any idea how this whole process came about on the request? Mr. Maer: Honestly, I do not. I am not briefed in what happened prior to my being asked to appear before you for the State Attorney. She was unable to be here this morning. She would know. I am a loyal watcher of Channel 77 and a member --a proud resident, a third generation Miamian of our District 3, but I have not seen this come before the board previously, so I don't know what happened before, but I know that the impetus -- Commissioner Carollo: I understand. Mr. Maer: -- of the Super Bowl timing and the hotline is what's coming up at this point. Commissioner Carollo: I understand. And since you're a District 3 resident, you're even more special. So thanks for being here. Mr. Maer: Thank you. Chair Hardemon: Thankyou, sir. You're recognized, ma'am. Cynthia McCall: Good morning. My name is Cynthia McCall. I live at 1601 Nocatee Drive, in Coconut Grove. I wanted to speak to the deferral date for PZ.16 and 17 and respectfully request that it not be deferred until April. If it could bean earlier date that would be our preference. Thank you. Chair Hardemon: You're recognized, sir. Marshall Staiman: Good morning, Chairman. Good morning, Commissioners. My name is Marshall Staiman. I am the president of Talismark, which is located at 1000 Primera Boulevard, in Lake Mary. I am a waste broker with a business that has a national footprint, including in the City of Miami. And waste brokers provide a service of accountability and bringing value to the customers that haulers are providing; in this case, franchise haulers are providing. And I am here to urge you to vote for SR.1 as it is written in the second reading. Thank you to Commissioner Reyes for his work on this. And let's not exclude brokers from being able to help the City residents have accountability with their waste services. Chair Hardemon: You're recognized, sir. Michael Segeren: Good morning. My name is Michael Segeren. I live at 3301 Kirk Street. My property is abutted against the new proposed school. When we moved to the Grove, we kind of considered it an oasis where we perceived that historically, and the tree canopy was valued. And now to hear that there's going to be a 30 foot wall jutting our property, I find very disturbing for property prices and just you go from a tree canopy to looking at basically a warehouse. And also, City of Miami Page 27 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 other things like flooding. I don't know how that's going to affect all that runoff coming into our yard and onto Bayshore. And then historically, I feel that if it's a historically preserved property or protected property that it's going to lose that; that it's no longer going to be something that you can feel has a historic meaning. That's it. Those are just two of my -- a few of my points. And of course, the traffic, but I'm sure you're going to hear about that plenty. Thank you. Elena Carpenter: Good morning. Elena Carpenter, 1660 South Bayshore Court, Coconut Grove, Florida 33133, on the deferral of PZ.16 and 17. Carrollton School was in a rush to send out an email to their parents and their alumni stating that they purchased Villa Woodbine and that they will build a boys'school. I'm not sure that that's very truthful at this time. Perhaps they did purchase it, but I didn't think it was a done deal. The Sacred Heart that Commissioner Reyes and Commissioner Carollo knew is the same one I did. It was run by Sisters of the Sacred Heart and they taught sacred heart religious courses, and they were the teachers. Today Carrollton School of the Sacred Heart has one sister, which they have acknowledged, one. It's run by a lay board. And I'm not sure it's the same values -- I went to the Sacred Heart too -- that we all grew up with. Thank you. Rachel Cardello: Good morning. My name is Rachel Cardello. I live at 2175 Tigertail Avenue, and I'm here to speak on behalf of PZ.16 and 17. So to give you some context, my house would be on the other side of Tigertail, opposite the primary entrance to the Carrollton proposed campus. There's three quick items hopefully I can get to. The first one is just -- Chair Hardemon: Before you -- Ms. Cardello: I'm sorry. Chair Hardemon: -- get into it, I just want to make it very clear that Item PZ.16 and 17 were deferred. Ms. Cardello: Yes. Chair Hardemon: So we're not taking any action on Item PZ.16 and 17. I understand that you all came. I'm going to allow you to speak, because it's not a lot of you that want to continue to speak on the item. But I just want you to -- make very clear -- Ms. Cardello: I'll keep it brief and -- Chair Hardemon: No, no. I mean, I'll let you finish what you have to say. You have your two minutes. Ms. Cardello: Perfect. Chair Hardemon: And I interrupted it and I apologize for that, but I just want to make it very clear for everyone exactly what we are doing -- Ms. Cardello: Understood. Chair Hardemon: -- at this time. Ms. Cardello: So we understand that it's deferred to April and we're happy to come back in April to have a further detailed conversation about the project. The three items that I have issue with is the compatibility and scale of the proposed structures. To give you a sense of that, my home, which is across the street, is about 2, 000 square feet, what I would consider a typical single-family home in the North Grove and throughout the Grove, in fact. And the academic building is about 30, 000 square feet. So it's 15 times what would be considered atypical home in that section of Coconut Grove and the City of Miami. So the compatibility to me is just flat-out inappropriate in terms of relating to a single-family home. It is zoned for a single-family residence. My second City of Miami Page 28 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 item that I have issue with is that it doesn't really consider properly -- in my opinion -- the goals of the Miami Comprehensive Plan, specifically, NR-I and NR-1.3. And this says that the City is to maintain, preserve, enhance and restore the quality of natural resources within the context of the City's urban environment, and will review development and redevelopment to determine any adverse impacts on adjacent areas with significant vegetative features. So clearly, this is having a significant impact to our natural resources when it removes and leaves only about 26 percent of the tree coverage on that site; let alone the amount of impervious area that we're talking about, and other items related to the natural components. The other item that it's not compliant with in my opinion is NCD-3, which is the Neighborhood Conservation District. So that intent is to preserve heavily landscaped character, natural resources, unique single-family neighborhoods and naturally occurring vegetation and trees, and geological features. Again, I don't think that is in support of what the NCD-3 intent is specifically for Coconut Grove area. The third item I have is that I don't think it acknowledges nor respects the Ordinance 11876, which was adopted by the City of Miami in 1999 by the City Commissioners, which allowed the use of this site as a private event space and provided the historic overlay district that they have to comply with. And so, I'm just going to read about five bullet points on what that 1999 ordinance required. Chair Hardemon: Your time has expired. You're 30 seconds over at this point. Ms. Cardello: Fine. But I do think that those ordinance should be considered when we're looking at the project in April. Chair Hardemon: Thank you so much. Ms. Cardello: Thank you. Chair Hardemon: You're recognized, sir. Fabian Garcia Diaz: Good morning. My name is Fabian Garcia Diaz. I live in 3121 Southwest 22nd Street, and I'm here to discuss or mention something about PZ.16 and 17, the application for Carrollton School. And just about eight months ago, a group of neighbors create a webpage asking for support to deny the application for a new school being built in Villa Woodbine. And we receive right now 830 supporters, which all are against this application. And we all have here 277 comments, which I recommend to everybody to read carefully, because we are asking is not only to deny, but to have a vision what to do with Villa Woodbine, which is a sensitive historic piece of property right across from Kennedy Park in a scenic highway, which is South Bayshore Drive. Thank you for your support and I hope you pay attention to this effort that the neighbors have put together just about eight months, and we get a lot of support right now. Thank you. Eileen Bottari: Good morning. My name is Eileen Bottari, 505 Northeast 76th Street, Palm Grove. I'm hereto speak in support, PA.3, which is Elvis Cruz. He's going to give a presentation on Morningside Park, specifically about the pool. We are in opposition to the pool being moved, specifically because the Director of Capital Improvements wants to move the pool to the middle of the park. What he doesn't speck is that by doing that he's eliminating the only regulation softball field that we have in the Upper Eastside. There -- the Director of Parks also supports this proposal, which I find quite alarming, because they want to just create a general field for the children to play soccer and softball on. Right now, this is a regulated softball field that children, teenagers and adults use every day, and there is no proposal to create another softball field anywhere in the park. There's no reason to move the pool. The pool can stay in the same place and be rebuilt. So I am opposed to this and I'm quite alarmed by the fact that we have a Capital Improvements Department and a Parks Department that support a plan that eliminates a facility that is being used by children in summer camp, after -school programs and just by the general public. Thank you. Nicholas Cascione: Good morning. My name is Nick Cascione. I work for Choice Waste of Florida. I'm a waste broker. My father and my grandfather have been in the industry for 50 years now, originated in the City of Miami. I just wanted to give you a little bit of information. We City of Miami Page 29 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 make the marketplace more competitive. We put minorities, we put small business on the same level playing field as the big businesses and other corporations. Waste brokers bring nothing but positivity to the industry. Appreciate your time and thank you. Anthony Parrish: Hello, Commissioners. Andy Parrish, offices at 3678 Grand Avenue. I'm sorry I couldn't get here earlier. I want to briefly just address CA.5 and the affordable housing crisis, and the solutions to it. There definitely is an affordable housing crisis, definitely a need for many more rental units. But I don't want to lose -- you to lose track of the long-term solution is community control of the neighborhoods is so important if we're going to stabilize neighborhoods like Little Haiti and Allapattah, and West Coconut Grove in the long term. And that means some kind of not necessarily homeownership by itself, but there's so many tools that can be used to give permanent solutions to some of these distressed areas. There's land trusts. There's SAPS (Special Area Plans) that can be tailored. There are planned unit developments that have been taken out of our Code, like the Blue Water development down in Tavernier. There's co-ops. There's -- most important, there's soft second mortgages to enable working families who have income to actually own where they live. And once you have families living in the community permanently with a stake in the community, they don't have to even necessarily own the land. They have to own the sticks and bricks above the land. The land can be owned in a land trust. And if you do that, then you're going to end up long-term with solutions whereas the FIU (Florida International University) study and some of the others are going to put a Band-Aid on it, maybe a big Band-Aid or -- in the near future, but long-term, we need to have more ownership in these communities. Thank you very much. Frances Colon: Good morning. Frances Colon, 453 Northeast 68th Street. I'm here about Personal Appearance 2 on the Miami Forever Climate Ready strategy that was present -- that will be presented now, but that was accepted this morning by you. And I just want to congratulate the Chief Resilience Officer and her team, the Administration and the Commissioners for the hard work on this. This is a critical issue for the City, how we prepare for climate change impacts and what's coming in a city that is so vulnerable. This is an approach that is people centered, data centered. It includes our neighborhoods and it protects our infrastructure. I urge you to work on this diligently and expeditiously. I also want to remind you, I'm an outgoing member of the Climate Resilience Committee. There's two vacancies on that committee that should be filled as soon as possible so that that committee, which has had quorum every single time, has met since its origin, is one of the most effective committees and boards you have so that it can continue to support the Chief Resilience Officer and the City and the Commissioners and its work, that you appoint knowledgeable experts to that committee so they could continue to do that work. I want to thank the Mayor for appointing me. I served for almost two years in that committee. It was a great pleasure, and I want to thank you for the support of that. Thank you. Chair Hardemon: And ma'am, thank you for your service. Ms. Colon: Thank you, sir. Chair Hardemon: You're recognized. Charles Patrick: My name is Charles Patrick. I'm a resident of the City of Miami. I live at 1648 South Bayshore Drive, and that's in Coconut Grove. I did a survey of the number of schools that are in the 33133 zip code that are private schools. There are 14 of those schools currently. If you allow this other school to be built, there'll be 15. If you look at the tax rolls, you will see that those -- 12 of the 14 existing schools are situated on property that has an assessed value of a total of $201, 525, 545. $201 million. These are the properties owned by private schools. They pay zero taxes. They don'tpay any -- most of them don'tpay any income tax, because they're not -for - profit corporations. But more importantly, they don'tpay any real estate taxes, zero. So who pays for the public services that they consume? We do. And it's not fair. We don't need another private school. I think you should go ahead with the hearing this afternoon and not give them a continuance, to do what? Are they going to change that? Are they going to change the fact that City of Miami Page 30 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 there's bumper to bumper traffic on South Bayshore Drive and on Tigertail? We can't -- we just can't absorb any more of this. It's ruining Coconut Grove. That's all I have to say. Chair Hardemon: Thankyou, sir. You're recognized. Randy Johansen: Good morning, Chairman and Commissioners. My name is Randy Johansen. And I am the president and founder of Waste Service Solutions. We're based out of Plantation, Florida. We started our business about six years ago. The sole purpose of starting my waste brokerage company was because of the waste haulers' aggressive prices on the franchise areas and open market areas. And our whole sole purpose is to go out and make sure that the small business owners are taken care of, that they're not overpriced. I saw many businesses close in the economic downturn, and yes, it is very cyclical. There will be an economic downturn at some point, and these small business owners have to close shop because of waste services, and that's a sad, sad thing to encounter. So I started Waste Service Solutions to help these people, to help these small business owners. I want to thank Commissioner Reyes, but we hope you vote 'yes" on SR.1. Thank you. Chair Hardemon: Thank you, sir. Rose Pujol: My name is Rose Pujol. I've been a resident of Coconut Grove since 1984. My property faces Kennedy Park, 2455 South Bayshore Drive. Commissioner Carollo, I really want to personally thank you for your grasp on the matter; Commissioner Reyes, you, as well, on the traffic issue. And what I want to point out at this time is that from a city point of view and from a long-term planning point of view, we need to take into context what's happening all around; not just this particular school. If you look at --there's now eight projects that have over 700,000 in office space and over 180, 000 in retail coming onboard in the next two years, okay? There are six here in Coconut Grove; two are right on US-1 and 37th Avenue and 27th Avenue. So when you take a look at what's happening in terms of congestion, it's critical, and it does affect public safety issues. Within the area of that school -- that proposed school, within 140 --I'm sorry, 1,400 feet in either direction, in the last three years, either direction of where Villa Woodbine is, there have been over a hundred accidents that are related either to pedestrian, cycling or cars, so there's a public safety issue. And what I want to remind everybody here -- Commissioner, I'd like you to perhaps spearhead this. In the '60s, Kennedy Park was owned by two Spanish brothers who were developing it. Guess what? The City managed to buy it in the '60s for 2.3 million, okay? There's -- my vision is that you all come together as one and purchase this property from Carrollton -- because it appears they have bought it -- and make it an extension of Kennedy Park. Perhaps have a museum or like Central Park, Tavern on the Green. But to have that vision, because the insanity of what's coming down in terms of development in the City of Miami is incredible and it affects each and every one of your districts. And each and every one of you is, I know, a promoter of resiliency of climate change, every one of you. So if you promote resiliency of climate change and you need funding and monies for disaster relief in your commissions, you must support us. This is a critical topic. Thank you very much for your time today. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: You're recognized, sir. Johnathan Gant: Good morning, Chairman and Commissioners. Thank you for the time. My name's Johnathan Gant. I represent a company called World One, Inc. We're a 25 year -old broker also. I wanted to, of course, express our approval of the SR.1, as well as Reyes'second reading. I wanted to point out three quick facts of what brokers do for the industry. First and foremost, we all use franchise haulers so we pay our franchise fees. We don't use alternative haulers. Whoever hauler is approved by the City, that's who we use. Two -- Chair Hardemon: Sir, can I ask you a question? Mr. Gant: Yes. City of Miami Page 31 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: You represented just now that you pay a franchise fee to the City of Miami? Mr. Gant: Yes. Chair Hardemon: You? You, as a broker, pay a franchise fee to the City of Miami or are you saying that --? Mr. Gant: No. We pay it to the hauler. We contract the hauler to pick up the waste and the hauler pays the -- Chair Hardemon: The hauler pays the -- Mr. Gant: Yes. Chair Hardemon: -- franchise fee. Mr. Gant: Exactly. Chair Hardemon: You don't pay a franchise fee. Mr. Gant: Correct, yes. Correction: We use haulers that pay franchise fees. Chair Hardemon: Understood. Mr. Gant: Legitimate haulers, my bad. Second point is one of our big premises not only to keep the cost effective with owners that we work with is our key component is keeping the premises clean. Knowing Miami is a massive growing industry now, as well as a tourist situation, we do a very good job to keep our clients and keep the ground clean, keep the garbage off the ground; and so, we do a valuable asset, also, to our owners and clients. Last but not least, if this goes through, it's real world. I have to fire two employees that are constituents and live in Miami, so it's a real situation and we all serve very well. Thank you. Manuel Prieguez: Good morning, Commissioner. Good morning, Chairman. Manny Prieguez, 4000 Malaga Avenue. You've heard already this morning from a few of the waste brokers. And so, we are here to ask for your support for SR.1. We want to thank, once again, Commissioner Reyes for sponsoring this item. And I think you've heard for yourselves the benefits that waste brokers bring to the small businesses and businesses in the City of Miami. And so, once again, we urge for your support and thank you very much. Chair Hardemon: Thank you. Ernesto Cuesta: Good morning, gentlemen. My name is Ernesto Cuesta, at 2475 Brickell Avenue, Suite 1243. I'm representing Brickell Homeowners Association. We're coming here to let you know that we are not in favor of the consolidation of the CRA (Community Redevelopment Agency). We're against that. We want to let you know that we are very disappointed to this Commission, because our Commissioner was elected in District 2, was stripped of his duties on these two agencies that he represents. The only way that we can held accountable whoever is in charge of those agencies are the Commissioner that is elected in our district. Unfortunately, those Commissioners that voted to strip him of those duties, they don't -- do not live in our district. You guys were not elected by our constituents. I think it's a total mistake. You don't live in the area. You don't know the needs of the area. You are not related to the residents' needs in the area. I sent to you, Commissioner Diaz de la Portilla, a text message about more than a week ago that we wanted to speak to you and to talk about it. We're still waiting for your answer. Your number was given by one of your donors. And I had spoken to Commissioner Reyes. Still, our doors are open to talk, not to negotiate. We have nothing to negotiate, because we demand to have our duties and needs to be covered by our representatives, and our representative in our area is Mr. Russell. City of Miami Page 32 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Respectfully, something that we have not seen, the respect from this chamber. Unfortunately, we are respectfully asking for Mr. Reyes and Mr. Diaz de la Portilla to resign from those posts and allow our Commissioner to do the work. I would like to remind you, gentlemen, that you were not elected by your colleagues. There was three votes, including your vote, so neither Commissioner Hardemon, neither Commissioner Russell voted for you guys. You voted for yourself. Chair Hardemon: Sir, your time has expired. Mr. Prieguez: Yeah. Chair Hardemon: You're 30 seconds over the amount of time that was designated. Thank you very much. Mr. Prieguez: Thank you. Chair Hardemon: Is there anyone else here for public comment? Seeing no other person here for public comment, I'd like to close the public comments section of the agenda at this time. MV - MAYORAL VETO(ES) NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the Charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the City Clerk as the first substantive item(s) for City Commission consideration.) Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 33 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PA.1 7081 PA.2 PA- PERSONAL APPEARANCES PERSONAL APPEARANCE PERSONAL APPEARANCE BY THE CITY MANAGER. RESULT: MOVER: SECONDER AYES: Withdraw WITHDRAWN Joe Carollo, Commissioner Alex Diaz de la Portilla, Commissioner Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PA.], please see "Order of the Day. " PERSONAL APPEARANCE 6936 A PERSONAL APPEARANCE BY JANE GILBERT REGARDING THE MIAMI FOREVER CLIMATE READY STRATEGY RESULT: PRESENTED Note for the Record. For additional minutes referencing Item PA.2, please see "Public Comment Period for Regular Item(s) " and NA.4. Chair Hardemon: I'll recognize for personal appearances, Ms. Jane Gilbert. You have two minutes to address this body -- I'm sorry -- 10 minutes to address this body. Jane Gilbert: Good morning, Commissioners. Jane Gilbert, Chief Resilience Officer for the City of Miami. Thank you for the opportunity to present this briefing on the Miami Forever Climate Ready Strategy that we've been working on for the last year. The strategy that we're putting for you today will help the City not only adapt, but thrive in the face of increasing risks; increasing flood risks, extreme heat and storm risks that the City's facing. It will also set the foundation for actions to mitigate the causes of climate change. The -- as you know, City of Miami has always had risks. It's associated with hurricanes. Actually, over the last -- since the 1850s , we've had 31 hurricanes. But since 2017, we've had significant increases in the impacts of that; Hurricane Irma, and our neighbors, Hurricane Maria, Dorian, Michael. We know from evidence that these hurricanes are getting stronger, more precipitation, and with sea level rise, the storm surge impacts are more significant. We also have increasing stresses around sea level rise with tidal flooding happening in selected areas. And I will say that with both of these, we've already taken some significant action. The City has a best -in -class emergency management team. It has the strongest wind codes, building codes in the country, if not the world, to defense against hurricanes. And we've installed 50 tidal valves -- backflow valves to mitigate the impacts of king tides. We're working with the Southeast Florida Climate Change Compact and their unified sea level rise projections. They just updated those projections in December of last year. Those have become our new planning horizon as we work on our stormwater master plan, our infrastructure and land use plans. We've had more than two and a half times the number of days over 90 degrees. By 2050, we're going to have over a hundred days where it feels like it's over 104. This has impacts to all of us, but especially our more vulnerable; our City of Miami Page 34 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 elderly, those that work outside, our kids playing outside, people with respiratory diseases. These -- they have significantly more impact. We're also seeing -- starting to see some economic impacts. Moody's has been asking more questions. Luckily, the City, so far, has not only maintained, but improved its credit rating. That's mostly due to the great fiscal management of our Administration, but also because of how we're responding to this threat through the Miami Forever Bond, through our planning. And NFIP (National Flood Insurance Program), our flood insurance program, is also talking about moving to risk -based insurance. So far, we're already giving a 15 percent discount to our residents on insurance because of the work and our participation in the community rating score. All of you understand this as being important. In November last year, you unanimously voted to declare a climate emergency and urge our State and Federal government to do the same, and for this Administration to come back with a comprehensive plan in response. This is your comprehensive plan in response. So how has this developed? We -- I counted -- this morning we had input from over 700 people on this plan. We looked to best practices nationally and internationally. We landed on -- most inspiration from Climate Ready Boston climate adaptation plan. We had input from many departments within the City and our Resilience Action Group. But most specifically, our resilience in Public Works, our planning, our emergency management, our Office of Capital Improvements, and our Communications Department. We also had a lot of different expert input through our Urban Land Institute Advisory Panel, through our resilience hubs that was hosted by the Urban Sustainability Directors Network, and our Climate Resilience Committee, who helped prioritize the actions in this strategy. We went out to residents and businesses throughout. We had eight in neighborhoods throughout the City. We had input between those and our online survey from 480 residents and businesses. So some of the priorities we heard from those residents: First and foremost, they want to be informed. They want to understand the risks. They want to understand what they can do about it and they want to be engaged in the City's planning process -- continue to be engaged going forward. They had a big priority on all things green infrastructure, whether we're talking about tree canopy or living shorelines, and having that integrated with our gray infrastructure improvements. They want even stronger building codes and land use codes around our waterfront, which we've been working on; carbon mitigation, grid hardening and making sure our drains are cleared, our basic operations. So this strategy sets forth five main goals. We have 15 objectives in those goals. Each are outlined as short, medium and long-term with different kinds of actions. Some are plans, some are policy, some are programs, projects, protocols. And we have 86 actions. Many of these actions are going to form future actions. In each of these goals, we've really been building the train as we're driving it. We know we needed to move forward on many actions. So, for instance, in the area ofgoal one, data driven and human centered decision making. We already launched our stormwater master plan. We already surveyed all our seawalls. We've installed a pilot program for a flood sensor network. That needs to be a citywide network. We've been building our GIS (Geographic Information System) platform. That needs to be much more user friendly, ways that we can access new data as we move forward. And we've launched the greenhouse gas inventory, which we should have completed by Earth Day this year. Goal two is in response to that request from the public around informing, engaging and preparing. We want more CERT trainings, which are the Community Emergency Response Team. We trained a hundred over the last two years and are looking to continue to build that program. We want to build resilience hubs, community centers where before and after a disaster, they could -- residents can access this to cool off, charge their phones, access ice, food, whatever they need. And to provide more accessible information on what people can do to address their homes and properties. Goal three is protecting our waterfront. This is our first line of defense. This is why we had the Urban Land Institute here to inform us. They gave us not only great recommendations on our design standards and seawall elevation requirements, but also financing, robust recommendations on how to City of Miami Page 35 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 finance that, because it's both -- only a third of our -- or less than a third of our shoreline is publicly owned; most of it is privately owned. The fourth goal is to invest in resilient and smart infrastructure. Our public voted for the Miami Forever bond, and that has given us a huge shot in the arm towards moving forward on coming up with criteria that really take a holistic look at resilience and sustainability as we go forward, whether we're talking about our storm water infrastructure, or housing, or parks. We need to look at solutions that not only address adaptation, but also carbon mitigation, and look at innovative financing mechanisms to meet those requirements. And the last goal is to promote adaptive neighborhoods and buildings. Miami 21 is a very strong foundation. It starts with prioritizing walkable, mixed -used neighborhoods, transit -oriented development. What this does is this review, which all of you have supported going forward, is to take the priorities of resilience, affordability, mobility, and make sure that we're looking into the future of where we want density, how we want to build going forward, and to look at our participation in the community rating score system and provide further discounts to residents on their insurance programs. And finally, provide a series of tools and resources, and financing resources to property owners on how they can adapt their properties. The first of that on your agenda today is to accept a grant from the Urban Sustainability Directors Network to create those tools for our owners/operators of affordable housing to make their facilities resilient and efficient for the residents inside. And with that, if the -- this will be -- is only effective in how effectively it's implemented. It's going to take strong focus from this body to move forward the policies to approve some of the funding that's going to be needed to resource this strategy. It makes up a third of our citywide strategic plan for the next three years. And so, all departments will be reporting on it. And it has interwoven our Resilient 305 strategy and our participation in the Global Commission on Climate Adaptation. So with that, just to let you know that all our residents can have access to our information by signing up to our biweekly newsletter on resilience, and just to open up to see if you have any questions. Chair Hardemon: Thank you very much, ma'am. Commissioner Carollo: I want to want to thank you for the fine job you're doing, Jane. Commissioner Reyes: Thankyou. Ms. Gilbert: Thank you. Later... PA.3 PERSONAL APPEARANCE 7058 A PERSONAL APPEARANCE BY ELVIS CRUZ REGARDING MORNINGSIDE PARK. RESULT: PRESENTED Note for the Record: For directive referencing item PA.3, please see item NA.4. For additional minutes referencing Item PA.3, please see "Public Comment Period for Regular Item(s). " City of Miami Page 36 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Sir, you're recognized. Elvis Cruz: Yes, Mr. Chairman. While I'm waiting for the -- Chair Hardemon: Yeah, I understand. Mr. Cruz: Yeah. Chair Hardemon: You will also have 10 minutes to address this body. Mr. Cruz: Thank you. While I'm waiting for that to happen, I would like to ask the City Attorney to place me under oath. Could you place me under oath, Mr. Min? Commissioner Carollo: You're making the Deputy Manager nervous, please. It would be -- Chair Hardemon: Perhaps we'll have the Clerk do it. Unidentified Speaker: For what? Chair Hardemon: He must -- I guess he wants to bolster his testimony. Mr. Cruz: You could place me under oath, if you'd like, sir. Chair Hardemon: He wants to bolster his testimony to ensure that he's being -- Commissioner Carollo: The Clerk can. Chair Hardemon: -- truthful to this body which is punishable by, you know, the law, so. Todd B. Hannon (City Clerk): Mr. Cruz, I see you have your right hand raised. (The City Clerk administered oath) Mr. Cruz: Yes. Mr. Hannon: Thank you, Chair. Mr. Cruz: Thank you. Chair Hardemon: 10 minutes, please. Mr. Cruz: Gentlemen, 1953, Morningside Pool opens. That's Biscayne Bay in the background. The pool deck is an elevated platform to view the bay. In 2001, the City promised us that approving the Homeland Defense Bond will provide improvements for Morningside Pool; that never happened, broken promise. 2004, the City paid for an architect's report to fix the pool; never happened. 2008, the City did a cost report to fix the pool; never happened. 2009, the Bond Oversight Committee approved money to fix the pool; the fix never happened. 2016, the pool closed due to disrepair; broken promise. Why is there no moral outrage, no sense of shame that the City didn't maintain this facility, no sense of urgency to get it fixed? Deferred maintenance is negligence, financial irresponsibility, wasting our tax dollars. You can see 400 year -old fountains in Rome. My house was built in 1927; Commissioner Russell's in '49. We maintain our homes on our limited incomes, yet the City can't maintain a 1953 pool. The City then did three engineering studies. The first said the pool deck had structural damage; the second said the pool was repairable. I met with City of Miami Page 37 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 OCI (Office of Capital Improvements) and Zerry, who said he wanted a third study to verify the condition of the rebar. That third study was done by T. Y. (Tung -Yen) Lin, an excellent worldwide engineering firm. That's the firm that recommended against building the FIU (Florida International University) bridge, saying it wouldn't be safe. The T.Y. Lin study used ground penetrating radar to verb that the rebar was fine. And their conclusion, which is in the handout that you've been given, "In our opinion, the existing pool complex is salvageable and does not warrant a full reconstruction. " Full stop, game over, amen. This was both an engineering study and an economic feasibility study. I then met with Mayor Suarez and Zerry, who said, "We will fix the pool. " Thank you. It would be quicker to fix the pool than build a new one, but the fix never happened. And now that $35,000 engineering report is an inconvenient truth the City is hiding and ignoring. Meanwhile, the City launched the Morningside Park general plan to specifically deal with sea level rise based on public input. A petition with 2,100 signatures --I'm holding it here --from park users asked for the pool to be fixed. And a Morningside survey showed 65 percent want the pool fixed, 60 percent don't want it moved, and 58 percent don't want the loop road changed. Nobody -- and I mean nobody -- asked for the pool to be moved. The first draft of the plan and the second draft and the third, and supposedly final draft, show the pool renovated in place. But the public meeting scheduled to show that final draft on January 24, 2019 never tookplace. This final version was never released to the public. $149,000 for three engineering studies and the general plan, yet they ignored or withheld the final version of each. December 2018, Commissioner Russell came to Morningside to announce a $600, 000 allocation to move Morningside Pool. The Morningside board voted it down on the spot, because the money was earmarked for a new pool at a new location. Their letter also said 65 percent of Morningside residents want the pool fixed, not moved. Despite that, August 21, 2019, the City held a meeting and showed the general plan had been changed to move the pool to the softball field, which would cause a domino effect of adverse impacts to the rest of the park, including moving the softball field on top of the soccer area, and the children's playground into what has always been the picnic area's, open play space. The plan was not posted in advance. The City did not mention the T.Y. Lin engineering report. Why? No one from T.Y. Lin was present. Why? Instead, the engineer from the second report was there, but now he recommended against fixing the pool. Why? One reason given was the FEMA (Florida Emergency Management Agency) 50 percent rule. But I showed them FEMA's own documentation that the 50 percent rule does not apply to swimming pools. The City ignored that truth. The City gave four reasons why they want to move the pool. One, to open waterfront views and access to shoreline protection. Rebuttal: That's a red herring, because the pool does not block views or access to the waterfront. Morningside Park has 1, 900 feet of frontage on the bay. The existing pool complex is only 345 feet, which is only 18 percent. Even so, the pool is set back anywhere from 90 feet to 110 feet, which allows plenty of room for waterfront views, access, shoreline protection from sea level rise, and recreational area. The pool deck actually enhances bay views. It's an elevated platform; that's why it was located there to begin with. Three, the pool is in a FEMA VE zone. That's simply not a problem. The City shows a proposed living shoreline wall -- number 25 on this map -- which would not interfere with the existing pool, which is grandfathered, just like City Hall is grandfathered. But City Hall is 18 years older than the pool, it has the bay on three sides, and it has a basement. Alternatively, new construction is allowed in a VE zone. Here's the brand-new Dinner Key Marina dockmaster Building right next door to us in a VE zone. Moreover, here is the City's own map of the elevations in Morningside Park. Notice that both the existing pool and the softball field have the same color - coded elevation. Here's the City's plan showing how high the firstfoor elevation would have to be for a new pool in either location. There's only afoot and a half of difference. Four, the new location would allow centralized programming and maintenance. False. The City's year-round childcare programs operate from the community building. They use the adjacent playground area and softball field, which would be removed if the pool is put there. So the kids would have to go to the south City of Miami Page 38 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 side of the park for those facilities. Programming would be less centralized, not more. The place for another children's playground should be under the shade of the huge banyan trees, not in full sunlight where it would interfere with the picnic playing field. Maintenance is a red herring, because the Park's recreation staff does not do pool maintenance; if they did, the pool would have never closed. The pool has to be maintained no matter where it is by technicians, not park recreation staff. There's many problems with this plan. The boathouse, built next to the pool in year 2000 with grant money, is in very good condition, yet they want to demolish it. The picnic area restroom was closed for 10 years. I came here repeatedly asking for it to be fixed. After several hundred thousand dollars, it was made ADA (Americans with Disabilities Act) compliant and it was fixed, and reopened about a year ago. It's in perfect condition, yet they want to demolish it. That's how crazy all of this is. They want to demolish it to put a new restroom only 200 feet away. There's more. The City has a history of so-called improvements that actually harm the park. They put a cargo container by the softball field. They built a bayfront dumpster corral. They show pictures of the flooded softball field right after Hurricane Irma to justify moving the pool, but they never said a reason that field floods. It's because the City itself blocked the drainage ditch when they built this walkway. The neighbors asked for that to be fixed for more than a dozen years; the fix never happened. Ironically, the area around the existing pool does not flood after heavy rain, but where they want to put the pool does, because they made it flood. They want to eliminate the only regulation softball field in the Upper East Side, which is used by both children and adults, and expect them to play softball and soccer at the same time on a grass field. Commissioner Russell, you promised, "You have my word that I am committed to make sure that we have a public pool at Morningside Park that is on the waterfront. Whether we renovate the pool that exists or have to build new, I'm going to leave that to the experts who know best about how to build a pool on the water's edge with the sea level rise issues that we have. " Commissioner Russell, I thank you for that promise. Please remember that caring citizen who stood up to the City when it was doing the wrong thing at Merrie Christmas Park. He was right; channel him for energy. Bring him back to help you keep this park from being harmed by illogical bureaucracy. To you other Commissioners, please help Commissioner Russell keep his promise by letting common sense prevail, by placing a high value on public enjoyment of this wonderful park, on fiscal responsibility, and on the will of the people. Please, no more broken promises. City of Miami Page 39 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes CA.1 RESOLUTION 6885 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE ASSIGNMENT OF Procurement INVITATION FOR BID ("IFB") CONTRACT NO. 516388(21) FROM SU-R-SEBORTS, INC., FORMERLY KNOWN AS STROBES-R-US, INC., A FLORIDA PROFIT CORPORATION ("SU-R-SEBORTS"), TO SPARTAN UPFIT SERVICES, INC., A FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("SPARTAN"), FOR THE PURCHASE AND/OR INSTALLATION OF CITY OF MIAMI ("CITY") MUNICIPAL VEHICLE EQUIPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SPARTAN; 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, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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, 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. ENACTMENT NUMBER: R-20-0018 This matter was ADOPTED on the Consent Agenda. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized, Mr. Vice Chair. Vice Chair Russell: I'd like to move the remainder of the CA (consent agenda) and the PH (public hearing) agenda, please. Chair Hardemon: It's been properly moved. Commissioner Carollo: Excuse me for a second; if we could -- can I ask before we move -- Chair Hardemon: Seconded by the Chair. Citv ofMiami Page 40 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: -- if we could take two minutes, so I could go carefully through the CA agenda? Chair Hardemon: You could do that during the discussion. Is there any discussion on this, on the motion that's on the floor? Todd B. Hannon (City Clerk): Chair -- Chair Hardemon: PH.2 is a four -fifths. You're recognized, sir. Mr. Hannon: -- it's my understanding that it's to be heard after RE.1; is that correct, Mr. Manager? Joseph Napoli (Deputy City Manager): That's correct. Chair Hardemon: What's to be heard after RE. 1 ? Vice Chair Russell: I will amend the motion to not include PH.2, if I'm not mistaken. That's the one you're referring to? So to clam, CA.1, 2, 3, 4, 6; PH.3. Chair Hardemon: (UNINTELLIGIBLE). Commissioner Carollo: So we're taking up CA only now, right? Chair Hardemon: CA and PH.3. Commissioner Carollo: Well, Commissioner, respectfully, Chairman, not today, but I'm going to present a motion at the next meeting that we only lump together at a time only the items in one group, not so many. You guys are younger, sharper, quicker than all us old guys here. We used to do it one at a time back in the day when I was around, so I don't want anything to be sneaking up on me by lumping all this together, so I'm going to see if a majority feels that we do it that way. And we'll still move as quickly; just that we're not going to be lumping so many things at one time; you know, we do a group, you know, the CAs, and that's fine. Let's limit it so that we could see it better, and thepublic will understand it better. Chair Hardemon: Any further discussion? Commissioner Diaz de la Portilla: Are we doing only the CAs, or are we doing --? Chair Hardemon: No. We're doing CAs and PH 3. Commissioner Carollo: Okay. On CA.3, the allocating funds for Kristi House, I believe it is -- no. It's not Kristi House anymore. Human trafficking. So that was taken out. Let me say this on the record, and I want to be very specific. I'm not voting for this because the Manager went -- trying to win brownie points with the State Attorney's Office to give this money, like if it was his own and he was Santa Claus. I'm doing it because I believe in this cause, and I have no problem in voting for it. But from here on, since it's clear that none of us were the sponsor of this -- unless I'm wrong. Did any of you sponsor this? It doesn't have any of your names, so since none of us were the original sponsors, the Administration should not be in a position like this, so they could be using monies from different pots in the budget to be catering favors and -- or trying to, in their mind -- with different people for their own self esteem. I'll leave it at -- calling it that. Commissioner Diaz de la Portilla: And Mr. Chairman -- I'm sorry. Are you finished, Commissioner? City of Miami Page 41 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Yes, I'm finished. Commissioner Diaz de la Portilla: And I agree. I mean, is it 10, 000 or I S? What's the amount? Commissioner Carollo: 10,000. Commissioner Diaz de la Portilla: Yeah. So why are we --? We're giving it to the State Attorney's Office; is that what we're doing? Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: This is an allocation -- Commissioner Carollo: No. Commissioner Diaz de la Portilla: --of $10, 000 to the State Attorney's Office -- Commissioner Carollo: Before we go into -- Commissioner Diaz de la Portilla: -- I believe it's to -- for $10,000 to deal with human tracking and sexual abuse issues. Don't -- doesn't the State Attorney's Oice have their own budget? And I think it's a pretty large budget. Why does the City of Miami need to contribute $10, 000 for that effort? I think they have their own department, their own lawyers assigned to that, their -- I think it's -- I don't know the exact amount -- maybe someone does -- that they've allocated to deal with sexual abuse and human trafficking in the State Attorney's Office. Why are we giving them our money? Chair Hardemon: You're recognized, sir. Milton Vickers (Director of Human Services): Mr. Chair and Commissioners, the -- there's a Human Trafficking Task Force that was formed particularly for the Super Bowl. Florida is the third highest -- has the third highest rate -- Commissioner Diaz de la Portilla: No one disagrees with the issue. Mr. Vickers: I understand. Commissioner Diaz de la Portilla: Why are we giving our money if they have their own budget and their own dollars? Mr. Vickers: Because -- Commissioner Diaz de la Portilla: And by the way, $10,000 is not that much money; it's a totally symbolic nature. Why are we using our budget when you have -- when the --you represent the State Attorney's Office? Mr. Vickers: No, sir. Commissioner Diaz de la Portilla: And so, why are you defend -- why are you --? Mr. Vickers: I'm Milton Vickers, Director of the Department of Human Services. Commissioner Diaz de la Portilla: Oh, you're Mr. Vickers. Okay. I never -- City of Miami Page 42 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Vickers: Yes. It's under -- Commissioner Diaz de la Portilla: -- you're Mr. Vickers. Mr. Vickers: -- Human Services. Commissioner Diaz de la Portilla: You're the famous Mr. Vickers. Mr. Vickers: Okay. Commissioner Diaz de la Portilla: Yeah. That's the one. Okay. Mr. Vickers: Okay. You know, first off, the Human Trafficking Task Force is comprised of several agencies and departments, both Federal and local. Our own Police Department is a part of that task force. In the process of addressing human services, before, during, and after the Super Bowl, a number of areas were addressed, one of which was a Public Education Campaign, identifying available beds for victims, for placement of victims, and the other was covering some of the cost for overtime by investigators. The $10,000 here is to cover some of those overtime expenses. The original item that came -- that was on the agenda regarding Kristi House, Commissioner, I felt that that may not have been the best way to address the issue. We met with the State Attorney; the Chief of Police and I, as well as the Mayor met with them to -- at their -- the new location that they have developed to address human trafficking. And in this discussion with the State Attorney's Office, we felt that this was the best way to address it in terms of a City contribution. It's left up to you, because you establish policy; we implement it. So if you feel as though it's not a great idea, I have no problem with it, but this was an honest way that we felt we could address human trafficking. Commissioner Carollo: My question to you is, then why did it first come up -- when it first came up, it talked about Kristi House and it talked about the sponsor, the person that placed it on the agenda was the City Manager? Mr. Vickers: Because there was a meet -- Kristi House requested a meeting with City staff that the City Manager attended. At that meeting, the Manager committed $10, 000 for Kristi House. Later on, after it was on the agenda -- Commissioner Carollo: You mean the Manager committed $10, 000 -- Mr. Vickers: Out of his -- Commissioner Carollo: --without getting the Commission approval? Mr. Vickers: No, sir. This was $10, 000 out of the Manager's discretionary fund. We asked -- I sat down with the Manager and discussed it, and it was suggested at that point -- Commissioner Carollo: The Manager doesn't have a discretionary fund. Mr. Vickers: Well, Mr. Commissioner, I can't address that. Commissioner Carollo: Well, I'm -- Mr. Vickers: The only thing I can say is -- Commissioner Carollo: -- putting it on the record. The Manager -- City of Miami Page 43 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Vickers: That's fine. Commissioner Carollo: -- did not have a discretionary fund. Maybe in his mind, he thought the whole budget was discretionary for himself, but he does not have a discretionary fund. Where apparently he thought that he could pick monies as he pleased from was a reserve fund that -- I think it was a hundred thousand dollars or so -- but a reserve fund is just for that; a reserve in case you run out of money for the day-to-day operation of the Manager's Office; not to be out there trying to, you know, show what a great guy you are and curry favors to anybody or any organization in particular. And that's why I find it funny that then he jumped from that to you, and now it's not Kristi House, but it is this other group. And I have no problem in approving it, but I want to be clear how this came about; very, very clear. And at the same time, I want to get on the record where is this money coming from. Where in the budget did we approve last year is this money going to be coming from? Do you know that or --? Mr. Vickers: Mr. Commissioner, members of the Commission, for the record, this money is coming out of the Department of Human Services, funds that we had not spent up to this point, so therefore, we had some additional dollars to invest in this area. Determine -- the determination of final approval of investing those dollars rests with this Commission. Commissioner Carollo: I understand that, and I appreciate that you're stating that. And I think I've expressed how I feel. But, Chris, if I may and if the Deputy Manager doesn't get upset, could he come up and answer a few questions? Christopher Rose (Director, Office of Management and Budget): Be happy to. Mr. Napoli: Absolutely, Commissioner. Chair Hardemon: After you finish answering questions, Chris, I'll recognize the Vice Chairman -- Commissioner Carollo: Sure. Thank you. Chair Hardemon: -- and then Commissioner Reyes. Commissioner Carollo: Chris, can you give me a line item from where in his budget this is coming from? Mr. Rose: I can. I'd have to take a quick look and find it; but, yes, sir, it is in his budget. Commissioner Carollo: Yeah, but you don't know where; you got to look for it, right? Mr. Rose: Not off the top of my head. Commissioner Carollo: Okay. Well I guess it being something that's simple -- Mr. Rose: It is -- Commissioner Carollo: -- you would know where -- Mr. Rose: --forgive me, sir. It is simple; I just would have to take a quick look. Commissioner Carollo: How long might it take you to come back and let us know, the line item? City of Miami Page 44 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Rose: Three minutes. Commissioner Carollo: Okay. Put the clock on, Mr. Clerk, now. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. I'll sponsor CA.3, Mr. Chairman. Chair Hardemon: So noted. Commissioner Carollo: I'll wait for him to come back and -- Chair Hardemon: Okay. Commissioner Reyes. Commissioner Reyes: Mr. Chair, I know that this has been an issue, the Administration and bringing legislation to us. And to that effect, I'm drafting legislation that will require that any, any item coming from the Administration must have -- must be sponsored by a Commissioner; that way, we don't have this -- all this back and forth, and at the same time, we will be informed and we will not be surprised, see, because sometimes I have learned about -- and not only on money that is being given away; it is also on other issues that the Administration comes and present this legislation, and I learn about it on agenda prep. So I am going to bring it. In February, I'm going to bring legislation for this body to analyze and vote on it that it would require a sponsorship from a Commissioner every time that a legislation is going to come; particularly if it involves money. Commissioner Carollo: I would support that, Commissioner Reyes, once you bring it up. Chris, been more than three minutes? Mr. Rose: (UNINTELLIGIBLE) three minutes. Commissioner Carollo: I think more than three minutes went, but anyway, what's simple is never simple in the City. Commissioner Reyes: But anyways, and with all due respect, Joe -- Mr. -- Commissioner Carollo -- and I know where you're heading, and I agree with it. But this is -- I mean, this is just a small quantity, and I believe that what we're doing is using the State Attorney as a pass -through, right? Mr. Vickers, are we using the State Attorney's Office as a pass -through? Mr. Vickers: No, sir. The task force is working, actually working under the State Attorney's Office. Commissioner Reyes: Under the State Attorney? Mr. Vickers: Yes, sir. Commissioner Carollo: Yeah. And we're part of the task force, along with the County and other agencies that's not here. Commissioner Reyes: Okay. So it's our cooperation to that investi -- I mean to the task force? Mr. Vickers: Yes. Commissioner Reyes: Okay. I -- City of Miami Page 45 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: But I -- Commissioner Reyes: -- will vote for it. Commissioner Carollo: -- hope you understand -- Commissioner Reyes: Yes, sir. Commissioner Carollo: -- that it is part of our fiduciary duties to identify where monies come from the budget that are spent. And I know that I've been a big bother to the Administration, because I question many things, but that's what Commissioners are here to do; not to rubber-stamp. And this has got nothing to do on whether this is appropriate, whether it's a cause that we should contribute to or not. That's not the issue. And I think I made it clear I would vote for the $10, 000. What I don't like is how it was done; just like I don't like how the whole City of Miami raised money for the -- what's the name of the organization that we have, in fact, in my district on Coral Way, the countywide group that then contributes money everywhere? They're at 12th Avenue and Coral Way, 3rd Avenue there and Coral Way. Mayor Francis Suarez: Children's Trust? Commissioner Carollo: United Way. Thank you. United Way, the City collected a big chunk of change for them, and I never received -- thank you -- I never received an invitation when we were going to give them a copy of the check. I don't know if any of you did. Commissioner Reyes: No, I never. Commissioner Carollo: You received one? Commissioner Diaz de la Portilla wasn't here then, so he couldn't have received one. And here I see being tweeted in the Manager's tweet and other places, the Manager with the Mayor as the only people that are presenting this check. That's wrong. Every elected official should have been invited -- Commissioner Reyes: Yeah. Commissioner Carollo: -- and that's just one of so many, many different examples. Even recently, this past week, I had received a call from a major developer in Miami that they were holding a luncheon, because the Manager's Office had called them to give them a salute for the work they had done for veterans. The -- they were very happy they were going to get a salute, like anybody who gets a call, and they were going to -- they were asked, "Where do you want to do it?" They said, "Well, we'll do it in this building, " which the one they picked out of all Miami -Dade County happens to be in my district. They were going to hold a luncheon, also. So they called the Manager's Off ce and -- to see how many people they were bringing. They told them, "x amount from the Manager's Office; X amount from the Mayor's Office. " And they asked, "How about from Commissioners?" "No, we're not inviting anybody else. " Commissioner Reyes: Mr. Chair, sir -- Commissioner Carollo: So they went ahead and sent me an invitation. I would assume they might have sent others. But I was the district Commissioner there, and this is the way, you know, the Administration, even till the end, wants to run this City, where Commissioners are not respected. We're not considered their bosses. City of Miami Page 46 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mayor Francis Suarez: Mr. Chair, if I may? Commissioner Reyes: Mr. Chair? Mayor Suarez: Or Vice Chair? I just want to clarify, because I want to make sure that -- sometimes I don't answer some of the things that the Commissioner says, because I think it would just prolong the meeting a lot more. But there are a lot of things that the Commissioner says that I either don't agree with, or are not factual. And so, I just -- I'm not sure if you want me to jump in every single time that he says something that I think is not factual or incorrect. Chair Hardemon: If he has the floor -- Mayor Suarez: Sure. Chair Hardemon: -- you shouldn't interrupt him having the floor. I'll call on you afterwards. Mayor Suarez: Yeah. I'm just saying -- you know, for example, saying that the Mayor's staff was invited, that's not accurate; saying that -- I mean, I got invited the day of by someone who -- someone associated with the developer. And in fact, it was maybe an hour before the event. So it wasn't something that was coordinated by me, by my office, by anyone from my office. There was no one from my office that was there. So, you know, I just -- you know, I want to make sure that we're factual. You know, I think the meeting's already gone long enough. We haven't had any real substantive items done on the agenda. And so, I just don't know how much time we're going to spend, you know, back and forth with, "He said this, I said this." I just ignore it most of the time, but, you know, I think at some point, I have to sort of jump in and say, "This is not factually correct or accurate. " Commissioner Carollo: Mr. Mayor -- Chair Hardemon: I'd like to acknowledge Chris. I think he has a number. Commissioner Carollo: Chris -- Mr. Rose: (INAUDIBLE). Commissioner Carollo: -- I do want to answer him, because -- Chair Hardemon: Chris? Commissioner Carollo: -- I don't want to see victims when there are none. Mr. Rose: Good afternoon. Through the Chair, Chris Rose, Office of Management and Budget. In the agenda package, the 77th page of the current agenda package -- there are 2,885 pages in there. Page 77 states that it has a total fiscal impact of $10, 000, and the General Account Number 00001.450000.534000. 000. 0000 -- Commissioner Reyes: Wow. Mr. Rose: -- from the 77th page, states which account number it's in, sir. Commissioner Carollo: And what does that mean, Chris? Since only you would know that, and even it took you quite a few minutes to figure out that 000. City of Miami Page 47 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Rose: Yes, sir. It is -- we -- the Office of Management and Budget opines, much like the City Attorney -- on where in the budget each of these things are according to Chapter 18 of the City Code. We, the City, are not allowed to spend if it's not in the budget. And in Chapter 2, we're -- the Ojfce of Management and Budget is requested to state whether or not it's in there. So in each item, you'll see fiscal impact and where it is. In answer to your question, Commissioner, it is Line Item 534000, Other Contractual Services. It's on Page 180 of the Proposed Budget Book. Commissioner Carollo: Okay. This is -- we're getting closer now, so we could identify it with words, not numbers. The Other Contractual Service that was approved in the budget, how much did we approve in the budget in September for that line item of Other Contractual Services? Mr. Rose: In the Department of Human Services, you approved $929,000, sir. Commissioner Carollo: Okay. For Other Contractual Services? Mr. Rose: Yes, sir. Commissioner Carollo: Now, do you have a breakdown as to what was anticipated in the September budget that we approved as to what were all the different contractual services that were anticipated? Because I'm sure there had to be quite a few that were being put in there already. Mr. Rose: Yes, sir. I do not have it with me, but it does exist. It is part of the budget process as we're building the budget. But, no; it would take me some time to get that information. Commissioner Carollo: Because you still haven't given me an answer. When I say, "line item," you've given me a general line item, but you haven't gotten specific into that line item, because that line item is general. It should be broken down into individual amounts that are going to certain projects. And if there is a general amount that's not allocated to any particular project, that's what I want to see. Or if other projects that it had dollars allocated are no longer going to be implemented, then that's the one that I should be told. So I do know a little bit how this works, Chris. Mr. Rose: No, sir; you're spot on. Commissioner Carollo: I think we both understand each other, what I'm asking for. Mr. Rose: Yes, sir. Commissioner Carollo: So I would be very pleased if you would humor me and you give me -- in that 000, give me everything that was put down as expenditure and line item in the general line item, and then point to me where the 10, 000 is coming from. And if for any reason any of you are wrong, I'll be happy to get the money out of my own funding, which mine is not reserve, but it's put for -- just like every other Commissioner's budget --for things of that sort. So I thank you. If you could get that to me -- Mr. Rose: Yes, sir. Commissioner Carollo: -- when you can, I would be very appreciative. Now, Mr. Mayor -- Mr. Rose: If it please -- City of Miami Page 48 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: -- you talked about not being accurate. I am very, very accurate, because when I receive a call from the developer's assistant that they tell me that they're informing me, because the Manager's Office -- someone in the Manager's Office called them, and when they asked, "How many people are coming to lunch?" they only gave them a list of people in the Manager's Office and your office, and not a word about any other member of the Commission, but least of all, the Commissioner where this is going to happen in his district, that's, in fact, what happened. And if you were not informed until later or not, I don't know about that. I'm certainly not going to question that on you, but I'm going to tell you how the Manager's Office handled that. They only worried about your office, their office; not about the district Commissioner's office or anybody else's office. So I don't know where you could come up by saying that this is not accurate. I never said that you knew or didn't know. All that I said was what was related to me by the developer as to what happened. And the developer told them that, well, they were then going to invite me and contact me and others, I assume. Mayor Suarez: And what I'm saying is that's not accurate. Chair Hardemon: Mr. Mayor -- Mayor Suarez: So, yeah, what I'm saying is that's not accurate, so -- Commissioner Carollo: Well, how do you know what the developer's assistant told me or not? Mayor Suarez: -- what I'm telling you -- let me finish. Commissioner Carollo: Are you telling me they're lying to me? Mayor Suarez: Can you --? Chair Hardemon: You have the floor, Mr. Mayor. Mayor Suarez: What I'm telling you is that is not accurate. No member of my staff was there, number one. I was informed of it maybe an hour before. It wasn't on my calendar. I ended up going because, coincidentally, I had an opportunity to go, and that's it. And so -- Commissioner Carollo: Okay. Mayor Suarez: -- I mean, that -- so I just -- you know, you can ask me if you ever have a question or a doubt. You can call me. You can ask me if I went. You can ask me if my office was involved. And then you can decide for yourself whether the information you were given was accurate or inaccurate. But I would prefer that you do that than say it in a public forum, as if the Mayor's Office or myself are involved in, you know, not inviting you. I'd prefer it that way -- Commissioner Carollo: The Manager's Office -- Mayor Suarez: -- and I would just -- Commissioner Carollo: --apparently was. Mayor Suarez: -- I would prefer it that way, because I'm careful and I don't, you know, make allegations about you or others unless I have a foundation for it. So if you, you know, have an issue or you think something was scheduled, just call me. And City of Miami Page 49 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 you know how to call me. You know my number. You know my cell phone number. You could call me any time -- Commissioner Carollo: You have mine, Mr. Mayor. Mayor Suarez: -- and I always answer your calls, if you ever call me. Commissioner Carollo: Okay. And I've always answered yours. Mayor Suarez: No, no, you haven't, but that's okay. Commissioner Carollo: Okay. Well, but -- Mayor Suarez: You haven't, but that's okay. Commissioner Carollo: -- that -- look -- Mayor Suarez: But I will always answer your calls. Commissioner Carollo: -- that's fine, Mr. Mayor. Mayor Suarez: That's my job. Commissioner Carollo: I do answer your calls. Mayor Suarez: My duty. Commissioner Carollo: But I've been as clear as I can. If you're trying to tell me that the assistant to the developer was giving me bad information, was lying to me, or whatever the case you're trying to say, so be it. I stated as a fact what was related to me. You don't know, because you were not in that call, if that's accurate or inaccurate, but it's not going to change. So, feel free, any statements that I ever make, just like I'm going to feel free, any statements that you make, to interject. Chair Hardemon: Is there any other discussion about the motion on the floor? Mayor Suarez: Thank you for giving me permission., I appreciate it. Chair Hardemon: Any other discussion? Commissioner Reyes: No. I think that -- a point well taken, and I am moving that we accept the CAs and the PH Commissioner Carollo: Second. Chair Hardemon: PH.3. It was already -- Vice Chair Russell: We already have a motion. Chair Hardemon: The question's already -- Commissioner Reyes: We already have a motion? Chair Hardemon: We do have a motion. We do have a second. Commissioner Reyes: Well, I second the motion. City of Miami Page 50 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: He seconded it. Chair Hardemon: The motion is for the rest of the CA agenda and PH 3. Vice Chair Russell: Except for 2. Chair Hardemon: Excuse me. Chair Hardemon: Right, and PH 3. Commissioner Carollo: Well, I was voting for the CA agenda now. What else are we including? Commissioner Reyes: Except for 2. Chair Hardemon: Correct. Commissioner Carollo: What--? Chair Hardemon: The CA agenda -- Commissioner Carollo: Yes. Chair Hardemon: -- what's left of it, and PH 3. Commissioner Carollo: Okay. That's fine. Chair Hardemon: Seeing no further discussion, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. CA.2 RESOLUTION 7001 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SUSAN Attorney ROSENSTEIN, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED SUSAN K. ROSENSTEIN VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 15-2733-CA 15, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT AGAINST AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-20-0019 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see Item CA.]. City of Miami Page 51 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 CA.3 RESOLUTION 7026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF GRANT Human Services FUNDS FROM THE DEPARTMENT OF HUMAN SERVICES GENERAL FUND IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO THE MIAMI-DADE STATE ATTORNEY'S OFFICE ("SAO") IN SUPPORT OF THE SAO PROVIDING TREATMENT, ADVOCACY, AND COORDINATION OF SERVICES FOR CHILD VICTIMS OF SEXUAL ABUSE AND HUMAN TRAFFICKING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0020 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "Public Comment Period for Regular Item(s) " and Item CA.]. CAA RESOLUTION 6941 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Resilience and MANAGER TO ACCEPT THIRTEEN (13) RIGHT-OF-WAY DEEDS Public Works OF DEDICATION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-20-0021 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.4, please see Item CA.]. CA.5 RESOLUTION - Item Pulled from Consent 6887 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") Housing and AFFORDABLE HOUSING MASTER PLAN, ATTACHED AND "A"; Community INCORPORATED AS EXHIBIT AUTHORIZING THE CITY Development MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN COMPLIANCE WITH THE FINAL JUDGMENT, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0026 Citv, ofMiami Page 52 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item CA.S, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " Chair Hardemon: Okay, so now let's address CA.S. Is there a motion on CA.5 for indefinite deferral, continuance, deferral? Commissioner Carollo: I will make a motion to continue in a special meeting. Chair Hardemon: Okay. Commissioner Carollo: Standalone. Commissioner Reyes: I have a question. Because I would like to have a special meeting on it, on the implementation of this. Commissioner Carollo: That could be included. Commissioner Reyes: On this -- I mean, the report. I think that it is important that we acknowledge that we have received it, and we are going to have a discussion. And at the same time, I will -- we're forming a board, right? And every one of us is nominating people to that board. And I think that should be what we should be discussing at that date. Now the only thing that we are going to do is an acceptance for review. That could be it and it's accepting for review, but I don't see why we are going back and forth on this. And what I would love to do is -- and following on Commissioner Carollo's idea -- is right now set a date for further discussion and -- on implementation, and how we are going to go about doing the recommendation that they -- and mostly, more important, the board that we are going to be forming, how it is going to work and who is going to be on the board, so we start working on it, you see. Commissioner Carollo: But let me retake my motion back and come with a new one that I think would be more fitting. Motion to acknowledge receipt -- Commissioner Reyes: Okay. Commissioner Carollo: -- of the report from FIU (Florida International University) and setting a future date for full review and additions or deletions. Commissioner Reyes: Fantastic. Mayor Suarez: Mr. Chair, if I may? Commissioner Reyes: I second that motion. Mayor Suarez: Can I just -- Chair Hardemon: Okay. That motion -- City of Miami Page 53 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mayor Suarez: -- maybe add --just suggest an addition to it, which is accept the findings. Because there are findings in the report that I think are different -- not the strategies. There's -- Commissioner Carollo: Well, the findings is what we're going to be discussing afterwards. Mayor Suarez: No, no. Commissioner Diaz de la Portilla: It's -- the recommendations is what we -- Mayor Suarez: The recommend -- there's two --there's findings. For example, one of the findings in the report is that Miami is, you know, the most cost -burdened city in America. Commissioner Carollo: We all know that. We don't need a report for that. Mayor Suarez: There's several findings. It's not just one finding. There's -- Commissioner Carollo: Then because there are several -- and you're correct. Mayor Suarez: Right. Commissioner Carollo: This is why I'm saying that we acknowledge receipt and we'll be having a date that we deal with it. You want us to vote for something carte blank [sic]. There's so much there that we should discuss publicly. Mayor Suarez: All I'm asking is -- Commissioner Carollo: And I'm sorry -- Mayor Suarez: -- accept the findings. That's it. Commissioner Carollo: I'm 20 percent of the votes up here; you are zero. Mayor Suarez: Exactly. Commissioner Carollo: I need to have this aired in a public meeting that the public could participate, if they want; the FIU people could come and we could do it in a professional transparent way. Commissioner Diaz de la Portilla: I have a clarification. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla. Vice Chair Russell: Thank you. Chair Hardemon: Diaz de la Portilla and then Commissioner Russell. Commissioner Diaz de la Portilla: The findings are the findings, Commissioner. It just says that we have a problem. What they're recommending is what I have a concern. I have an equal concern that you have, as many concerns as you have, I'm sure. You've stated them publicly, so has Commissioner Reyes and others. So I think accepting the findings and acknowledging the report works across the board. City of Miami Page 54 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: What is the big problem if we acknowledge receipt and we will deal with everything else -- Commissioner Diaz de la Portilla: So my question is -- Commissioner Carollo: -- soon after in a meeting? Commissioner Diaz de la Portilla: -- do we --? Commissioner Carollo: I'd like to see all the findings. We might want to put additional findings in there. Chair Hardemon: Look -- Commissioner Carollo: I don't think they've even begun to really scratch in the way that they need ownership of housing. They're very much tilted into the same train of thought of rental housing market. So, you know, it -- what we're talking about is taking a few days so that we would have ample time to get into it. It's a very big report. A lot of things have been happening. I don't think any of us have had the appropriate time to go through every page. I'll admit; I have not. I have not been able to. Commissioner Diaz de la Portilla: Does your motion have a date, a specific date? Commissioner Carollo: I'll be happy if we choose a date, whatever date you all want. I'll make myself available. Chair Hardemon: I want to acknowledge the Vice Chairman and then I want to make a comment about this. Vice Chair Russell: Thank you, Mr. Chairman. We should really have a special meeting where we let FIU present to us and the public the findings themselves where Commissioners can attend and we can ask questions. Oh, wait. We already did that. Oh. Those of us -- there were three of us there. There were three of us there. We listened for a few hours. We asked questions. We deliberated. This is a very innocuous CA (consent agenda) item, a consent agenda item that acknowledges we have a housing crisis and we take it seriously and we're bringing experts on, and it's just saying that we've received the findings. To delay simply that part, because we haven't had the chance to study it, we have. We've been given the opportunity. We've been given a presentation. Some of us showed up to that presentation and asked questions. We should simply vote on that and that would be my motion, to actually move CA -- Commissioner Diaz de la Portilla: Commissioner, the fact that you just personalized it, you just changed my vote. You got a good applause line but you changed my vote. Chair Hardemon: Thank you. Okay, right now there's a motion on the floor. That motion does not pertain to the order of the day though. I want you to -- I want to make clear of that, because you made a motion that would substantively accept CA.5 with amendments. And so, my request is that let us hear our public comment, because we haven't heard public comment on any of the items, not to mention this item that we -- that is it possible -- Commissioner Carollo: Commissioner -- Chair Hardemon: -- let me finish. City of Miami Page 55 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Go ahead. Chair Hardemon: Since you made the motion for substantive addressing of it, I'm going to open the floor for public comment on CA.5 and then we'll hear from public comment, and then we'll make the motion. Commissioner Carollo: Commissioner, let's not dance around this. We made a motion on what we have for order -- the order of the day and you requested for this one to be dealt with right afterwards. You brought it up -- Chair Hardemon: Right, as far as order of the day but what -- Commissioner Carollo: -- leading us to believe that we could take action deferring this or not -- Chair Hardemon: Correct. Commissioner Carollo: -- and at the -- Chair Hardemon: But you -- that's not what your motion was. Commissioner Carollo: -- same time -- Well, I'm -- then you know what? The majority of this body is what moves us forward. Chair Hardemon: But what are we talking about? Commissioner Carollo: And we found -- Chair Hardemon: You made a motion. Commissioner Carollo: -- that before. Chair Hardemon: I'm acknowledging the motion and the second. Commissioner Carollo: Well, then I -- Chair Hardemon: I'm letting the public speak on the item so that your motion can be addressed. Commissioner Carollo: -- I'm going to make a motion so that we bring back and reconsider the order of the day, and then I'm going to include CA.5 in the order of the day. Chair Hardemon: Commissioner, you're misunderstanding what's going on. Commissioner Carollo: No, I do not misunderstand. Chair Hardemon: You are, because I actually agree with you in reference to this whole item. I just want to address your motion so that we can move forward. Right now we had a motion that approved the rest of the items as far as the order of the day. We did not vote substantively on it. Your motion was twofold. You made an amendment to the actual document itself by saying that it is being acknowledged and you used another word. Commissioner Carollo: How could I have made an amendment to the actual document itself -- City of Miami Page 56 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mayor Suarez: Acknowledge as receipt. Commissioner Carollo: -- when I'm saying that we're acknowledging of receiving it? Chair Hardemon: Because I believe that the item says "acceptance, " right? Commissioner Reyes: Acceptance. Commissioner Carollo: Well, this is what the Administration sent to us, but we're receiving it and -- Chair Hardemon: Right. And I understand, so your motion was on the floor with a second. Commissioner Carollo: And again, you're an attorney. You know well that there's a major difference between "acceptance" and "acknowledging." Chair Hardemon: I would agree with you. But your motion is on the floor. I will have to open the public comment to address that item, because this is more than just a continuance and deferral. It actually amends the item. Commissioner Reyes: That's right. Commissioner Carollo: No. Well, I disagree what you're saying that it amends the item in that way. Chair Hardemon: Well, can -- then can you -- Commissioner Carollo: Without going into the meat of the item -- Chair Hardemon: --how about you withdraw your motion and then take that part of it out and continue it to another day or indefinitely defer it? Commissioner Carollo: Well, what I'm trying to avoid -- if we're not going to listen to this today, and it seems that there's the majority here on that, then -- Chair Hardemon: Then don't hear public comment. Commissioner Carollo: -- why waste more time on this when we have many other items? Chair Hardemon: The only reason is by -- the only reason that we will hear public comment about it is because if we were substantively changing the item. And so, if we're substantively changing the item -- Commissioner Carollo: But we're not substantively changing the item, because whatever they put in there in recommending, suggesting, we're not changing any of that. We're just saying we're accepting, not -- we're -- Commissioner Diaz de la Portilla: For clarification. Commissioner Carollo: -- in receipt of the item. Commissioner Diaz de la Portilla: For clarification, Mr. Chairman. Chair Hardemon: Let me acknowledge Commissioner Reyes and then I'll come back to you. City of Miami Page 57 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Yes. The way that I understood the motion, Commissioner Carollo, is that we're going to remove the words "negotiate and execute, " the language. We're going to -- we were going to use a different language, which was your language which is "acknowledgement receipt. " Commissioner Carollo: Receipt, yeah. Commissioner Reyes: Acknowledgement receipt and we were going to -- Commissioner Carollo: I'll even put in there, "thank you, " you know, to make them feel better. Commissioner Reyes: Okay, and then to include in the motion as also amended that we will determine a date. Commissioner Diaz de la Portilla: But when? But when will we determine? Commissioner Reyes: But that's what -- the only argument that I have -- I mean, the only question now is, when are we going to meet? I mean, it's going to be a time certain and it's going to be the only item we are going -- I mean, we're going to go over the report, and also, we will try to define the work of the committee that we are forming to assist us in this -- Commissioner Diaz de la Portilla: And Mr. Chairman, if I may? Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: How many days does the Commission -- the will of the Commission do we need to have that special meeting or --? Commissioner Carollo: Madam City Attorney, what's the earliest that we could meet when this special meeting will be advertised? Victoria Mendez (City Attorney): I believe it's 72 hours is the earliest. Commissioner Diaz de la Portilla: But I mean, to be prepared and to move forward, Commissioner, not only legally. Commissioner Carollo: Any time next week I will make myself available, or any time that this Commission would want to hear it. We could meet next week or after, if it's the will of the Commission. Commissioner Reyes: I'm open. Commissioner Carollo: At least I'll have the weekend to really dig through this, look at it carefully, so I could, you know, make intelligent decisions. I'm sure that there's a lot of good stuff that was put in there. I would expect that from FIU. I'm a two-time graduate from FIU, with two degrees there, so I know that they have a fine school. But the point being is the buck stops here. Chair Hardemon: So all that I'm requesting of this board is for us to have a clear motion that we're acting on, and that's why I suggest that either we just defer it to that time -- that's why I recommended to you the indefinite deferral -- and then you -- and then we' assign the matter to a certain special Commission meeting that we decide instead of indefinitely defer -- instead of deferring it -- City of Miami Page 58 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: If I may recommend -- Chair Hardemon: -- and also making a substantive change. Commissioner Diaz de la Portilla: -- something? Chair Hardemon: Sure. Commissioner Diaz de la Portilla: Commissioner Carollo, acknowledge receipt of the report and maybe set it for next Friday, not tomorrow, but the following Friday, which will be January 30, and have a special meeting just for that. Ms. Mendez: I believe -- Commissioner Diaz de la Portilla: Friday, at 10 o'clock in the morning, not 9. Ms. Mendez: -- January 30 is a Thursday. January 30 is a Thursday. Commissioner Diaz de la Portilla: I'm sorry, then January 31. Commissioner Carollo: So Thursday? Chair Hardemon: Because -- Commissioner Diaz de la Portilla: I'm sorry, January 31, you're correct. And maybe have a special meeting so we can actually -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- get the ball rolling, right? That's what we're trying to do here. We're trying to move forward. Chair Hardemon: But gentlemen, this is what I want you to understand. Even if we amend the language today, you're saying that we're going to vote on it another day, which means that we can amend the language on another day and vote on it that day as far as the -- Commissioner Diaz de la Portilla: Yeah but for the sake ofpeace -- Chair Hardemon: But if we -- Commissioner Diaz de la Portilla: -- let's accept -- let's just acknowledge the report for the camaraderie that we develop on this dais and in this body -- Commissioner Carollo: Acknowledge -- Commissioner Diaz de la Portilla: -- which I'm very impressed by -- let's just -- Chair Hardemon: So we're not -- so you're not -- Commissioner Diaz de la Portilla: -- acknowledge receipt -- Chair Hardemon: So are we amending the legislation? And then you're vote -- and you're not voting substantive -- so you want to amend the legislation -- Commissioner Carollo: No, sir. City of Miami Page 59 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- not do a substantive -- Commissioner Carollo: We're not amending the legislation, yeah. Chair Hardemon: Maybe the Clerk can help me out to understand what's going on, because I don't know what's going on. Todd B. Hannon (City Clerk): Sir, CA.S does state, "A resolution of the Miami City Commission, with attachments, approving the City of Miami's affordable housing master plan, "so if we're going to change "approving" to "acknowledge, " there will be an amendment to the item. Commissioner Carollo: Well -- Ms. Mendez: And there will be -- based on Commissioner Reyes' request, another amendment to take out the -- "Allowing the City Manager to negotiate and execute any and all necessary documents in a form acceptable to the City Attorney and bond counsel. " So it would be a much simpler resolution. It would just be acknowledging the City of Miami's -- acknowledging receipt. What was the word? Commissioner Diaz de la Portilla: Acknowledging receipt, but also setting a date. It's a two-part motion, correct? Chair Hardemon: I want to recognize the Clerk. Commissioner Carollo: Setting a date that you suggested, next Friday, whatever date it is. Commissioner Diaz de la Portilla: The 31 st. Commissioner Carollo: 31st, which is fine with me. Later Chair Hardemon: Now, Mr. Clerk, is there an additional motion that we need to either amend or place Item CA. S on that agenda? Mr. Hannon: Yes, sir. And Madam City Attorney, please correct me if I'm wrong, but I think now rather than amending CA.5, if you'd prefer to just defer CA.5 to the January 31, 2020 special City Commission meeting, that would be in order, and the item would go as -is. Commissioner Diaz de la Portilla: I move to defer. Ms. Mendez: The problem is that you --you're limiting yourself a little bit. When we mentioned that it's any and all actions regarding the affordable housing master plan and this is a specific -- Commissioner Carollo: Yeah. Ms. Mendez: -- item. Mr. Hannon: Okay. Commissioner Carollo: And we're not acknowledging receipt. Commissioner Reyes: That's right. City of Miami Page 60 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: So let's acknowledge receipt and vote for that, right? Ms. Mendez: Right. I would do what you were planning to do on this item. Mr. Hannon: Right, okay. Ms. Mendez: And then you have your "any and all action"for the special meeting. Commissioner Diaz de la Portilla: I move that we acknowledge receipt -- Commissioner Reyes: And also -- Commissioner Diaz de la Portilla: -- of the plan. Commissioner Reyes: Mr. Chair. Chair Hardemon: So that's the second resolution from CA.5. Commissioner Reyes: That's right. Chair Hardemon: The acknowledging receipt is the second -- Ms. Mendez: It's an amended resolution of CA.5. Commissioner Diaz de la Portilla: It's an amended resolution. So I amend CA.S to -- Ms. Mendez: You're amending this -- Chair Hardemon: So we're passing CA.5 today? Ms. Mendez: You're amending it then passing it if you so choose to. Chair Hardemon: I'm trying to understand what we're doing. Commissioner Diaz de la Portilla: We're amending it to change the word "approving" to "acknowledging." Chair Hardemon: Correct. Commissioner Diaz de la Portilla: And then we're voting on that. Commissioner Carollo: That we received it. Commissioner Diaz de la Portilla: Acknowledge receipt of CA. S. Chair Hardemon: Right, which we would do that (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Of the master plan, I'm sorry. Chair Hardemon: If we approve that, though, then we are passing it, right? Commissioner Carollo: No; we're just acknowledging. Chair Hardemon: But it's the same thing. City of Miami Page 61 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: We're passing that we're acknowledging receipt. We're passing that we acknowledge -- Commissioner Reyes: It's a matter of semantics. Commissioner Diaz de la Portilla: We're acknowledging that we're acknowledging receipt. Commissioner Reyes: We acknowledge that we acknowledge. I mean, this is -- it's a matter of semantics. Commissioner Diaz de la Portilla: Right, of course. Ms. Mendez: Right. And you're removing the language about negotiating and executing and all that. Commissioner Reyes: Absolutely. I want to make sure that that language is removed. Chair Hardemon: The Clerk seems to understand exactly what I'm saying. What I'm -- and I want to make sure the Clerk has an opportunity to speak so that you all don't think that I'm trying to do something that I'm not trying to do. What I'm saying here is that when you amend this resolution and you pass --you move to approve -- Commissioner Carollo: No. Chair Hardemon: -- that amendment -- Commissioner Reyes: Oh, my god. Chair Hardemon: -- right? -- we then need to do something with the item. The question is, are we passing the item or are we taking that amended item and then continuing it to the next meeting? It's confusing. Mr. Clerk, go ahead. Commissioner Carollo: Todd, this is a legal question so I would punt if I were you. Chair Hardemon: I don't think it's legal. I think it's -- Ms. Mendez: My understanding based on the resolution is that you are amending that resolution and passing an item today. Commissioner Reyes: Today. Ms. Mendez: The amended resolution is that you are acknowledging receipt of the affordable housing master plan. That's it. That -- and I believe that that's where you're going to -- would require public comment. Chair Hardemon: Yes, it would. And also that means that CA.S would not be on the agenda for the special meeting. Ms. Mendez: Right. What's on the agenda for the special meeting is any and all actions regarding the affordable housing master plan. Mayor Suarez: Mr. Chair, I have a question. Chair Hardemon: You're recognized, Mr. Mayor. City of Miami Page 62 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mayor Suarez: Is it possible for the Commission in the special meeting then to accept the findings in the report? Commissioner Carollo: Of course, yeah. If that's what -- Mayor Suarez: I just want to make sure. Commissioner Carollo: (UNINTELLIGIBLE). Mayor Suarez: I just want to make sure, because the way I -- Commissioner Reyes: If it is the will of the Commission to accept it. Mayor Suarez: Of course. I guess I'm just -- I break this down into the findings in the report -- in other words, just a study comprehensively and there were multiple findings, and then the actions that we're going to take as a body, as a government to address those findings. And I think there's a lot of debate on that issue, and there's debate on what is the mechanism or the vehicle and how that should be -- Commissioner Reyes: How do we implement. Mayor Suarez: -- created and how it should be developed. Commissioner Carollo: Thank you for making my case that this item should not have been placed on the agenda today, that we should have placed it on a standalone item for a special meeting. So thank you, counselor. You've made my case. Chair Hardemon: So it's been properly moved and seconded that we modify the resolution, as stated on the record. And that motion includes the approval of CA.S, modification and approval of CA. S. Mr. Hannon: I'm sorry, Chair. The seconder was? Ms. Mendez: Yes, as amended. Mr. Hannon: --was? Ms. Mendez: As amended. Mayor Suarez: As amended. Chair Hardemon: That was the motion. Mayor Suarez: As amended. Commissioner Reyes: As amended. Chair Hardemon: Right, that's the motion. Mr. Hannon: And the seconder was? Chair Hardemon: The mover was Commissioner -- Mr. Hannon: Commissioner Diaz de la Portilla. Chair Hardemon: -- Diaz de la Portilla. City of Miami Page 63 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: I seconded. Chair Hardemon: The seconder -- Mr. Hannon: Oh, understood. Commissioner Carollo: What the motion is stating clearly -- and let's not play with words -- is that we're acknowledging receipt of what we have been given. Chair Hardemon: Thank you for the clarification. Now at this time, I'm going to open the floor for public comment for Item CA.5. If you're a member of the public and you want to speak on Item CA.5, this is your opportunity to do so. You have two minutes to address this body. You can speak at any lectern, to my right or to my left. Please state your -- Mariella Lopez: Good morning. Chair Hardemon: -- first name, your last name. You may state your address, on CA.S. You're recognized, ma'am. Ms. Lopez: Good morning, Commissioners. My name is Mariella Lopez (UNINTELLIGIBLE). I'm a resident of Upper East Side at 661 Northeast 68th Street. I'm here to talk about PZ.8, which is -- Chair Hardemon: Not PZ.8. Ms. Lopez: I have to work, I'm sorry. And I'm just going to make my -- Chair Hardemon: This is not PZ.8 time. Ms. Lopez: --comment. I have to work. I have children. Chair Hardemon: I understand. Ms. Lopez: I cannot do this. This is not correct for you guys to do this. I have to go to work, so just give me one minute. Chair Hardemon: The floor is open -- Ms. Lopez: It's very fast. Just please abide to the HEP (Historic and Environmental Preservation) Board's decisions so that the taxpayers' dollars are not wasted and there's no more loopholes; that everybody can come back to you guys, and you guys make the final decision. There's no need for HEP Boards and MiMo Boards if that's how it's going to be run. Thank you. Chair Hardemon: You're recognized, ma'am. Annie Lord: Thank you, Mr. Chairman, and Mr. Vice Chair. Good morning. My name is Annie Lord. I'm the executive director at Miami Homes for All. Our address is 1951 Northwest 7th Avenue, in Miami, Florida 33136. And with regards to the affordable housing master plan, I'm here and Miami Homes for All would like to share that we support the plan. We think it is a plan that not only acknowledges the direness of the affordable housing crisis that we are facing, one in which nearly 60 percent of our residents are paying more than they can afford for their housing, but also understands that this is felt by so many people up and down the income spectrum. So it is a bold plan, and particularly, the idea to create a fund and a corporation that would administer that fund and leverage those public dollars with private dollars, City of Miami Page 64 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 that's a bold idea. And we really hope that you all will -- at the time of your decision that you will actually take action and begin to implement many of the recommendations in the plan. The community is eager for your action and for your moving forward so that we can protect the residents of Miami today, and the generations to come tomorrow. Thank you. Chair Hardemon: Thank you. You're recognized. William Quinlan: Thank you. My name is William Quinlan, residing at 7223 Northeast 4th Court. I don't want to talk too long, but I am very, very sympathetic to Commissioner Russell's point that this is an emergency. It's a crisis and urgent action is needed by this Commission. I'm also sympathetic to Commissioner Carollo's concerns about due deliberation on the matters that will arise out of this plan. So there are some ideas that I might have about moving further and strengthening some of the tenants' protections in this plan, and strengthening some of the climate provisions that I think are buried deep down inside of it. But I'm just very grateful that we move forward at this time. Thank you. Alana Greer: Good morning. Alana Greer. I'm the co -director of Community Justice Project at 3000 Biscayne Boulevard. I really want to encourage you to accept this report, in particular, the underlying data of what the problem is and so that the conversations and the solutions that this body comes up with is really based on that evidence. And what was striking to me even having done this work for many years was how concentrated the problem really is. Over 90 percent of severely burdened -- cost-burdened households are at 60 percent AMI and below, right, 90 percent. So I hope that 90 percent of your solutions flow to that. And Commissioner Carollo, I think we all agree we'd love to increase the amount of homeownership opportunities, but I think the data really does point us -- and we'd love to continue the conversation with your office about the overwhelming number of renters that cannot become homeowners, because we haven't stabilized that situation. So really focusing on that core -- those core issues that this report has put forward is really key, and also making sure that we're thinking about displacement as a core problem facing this community, and how the solutions are not just about building buildings but about preserving our community. Thank you so much. Willie Allen-Faiella: Good morning. My name is Pastor Willie Allen-Faiella. I live at 16745 Southwest 74th Avenue, in Palmetto Bay. I am the rector of St. Stephen's Episcopal Church, here in Coconut Grove, and I'm here representing PACT, People Acting for Community Together. There are 16 of us here today, PACT members. We are a coalition of 40 congregations in Miami -Dade, 40 interfaith congregations in Miami -Dade, and we represent 50,000 residents of Miami -Dade. We have been part of the development of this affordable housing master plan from the beginning. And we are here today asking the Commission to adopt it when you meet next Friday. In the over 18 years that I have served St. Stephen's, I have seen this neighborhood change drastically. Each time I drive down Grand Avenue, I see people being evicted and displaced, and the homes where they lived are being bought up by developers to build homes for the wealthy and not for the people that have lived there for generations. I have members who have had to leave the City of Miami and move way out to the outskirts of our county, far away from their jobs because of the rising costs of housing. The affordable housing crisis in our City is the worst, the worst in the whole nation. This plan recognizes that reality and puts forth a bold vision to change it. This plan also recognizes that we have an obligation to preserve the integrity of our neighborhoods. Commissioners, if you adopt this plan, you will be taking great leadership to turn the tide and set an example to the rest of our country. Thank you. City of Miami Page 65 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Thank you very much. Mr. Clerk, can you make sure that with the timer, once the time expires, it counts up so I know how much time above the two minutes they've gone? Sir, you're rec -- I'm sorry. Ma'am, you're recognized. Frances Colon: Frances Colon, 453 Northeast 68th Street. I'm here in support of CA.5. Thank you for taking this matter seriously and convening a full meeting on this topic. We have a serious crisis. More than half of the households in our City are paying more than they can afford for housing costs, and this plan is bold. It was done by experts and you should be able to accept at least the findings which were done rigorously with extensive research, and then you can come up with solutions. Among the proposals is the creation of a public private fund. You have options. I urge you to take action quickly. We are facing a serious crisis and we have to do something, because we have generations of Miami residents today and in the future that are counting on you to do the right thing and to build the city that we want to be. Thank you. Marc Sternbaum: Good morning. My name is Marc Sternbaum. I reside at 4000 Towerside Terrace. I'm in unincorporated Miami, but I've worked in downtown Miami and Brickell for over 30 years. I'm here representing PACT, as well, as a member of Temple Beth Sholom. And my experience with affordable housing goes back to the early '90s, working with Habitat for Humanity of Greater Miami as an attorney and as a board member, where one of the things we found most difficult with siting, finding appropriate land to use in developing homes, and it led us further and further out of the center of the City where transportation is more difficult, access to jobs is more difficult. That has not changed. Every year we also lose 1,200 units of affordable housing, either because they become unaffordable or they fall into disrepair. We support the affordable housing master plan, because it focuses on preserving and developing additional homes. And we also support the public private partnership banking issues that are part of the process. The plan has had intensive involvement by the nonprofit community, residents, bankers, developers, public officials and philanthropies. I urge you when the time comes not only to adopt the plan, but to take the action to implement it over the next years. Thank you very much. Michael White: Good morning. My name is Mike White. I'm the president and owner of ProWasteUSA. We area national waste and recycling brokerage company. I'm asking each one of you to approve Commissioner Reyes' SR.1 in reference to waste brokers and recycling consultants in the City of Miami. Thankyou. Chair Hardemon: I want to remind everyone that the item that we're here for public comment on is Item CA.S. From this point forward, if you're speaking about an item that is not CA.5, I will stop you. You're recognized, sir. Larry Silvester: Good morning. My name is Larry Silvester. I live at 730 Coral Way. I'm here representing PACT as a member of the Coral Gables Congregational Church. We all know that Miami is the most unaffordable large city in the nation, something we should not be very proud of- in fact, it should be embarrassing. For 40- plus years as a lender and as a mortgage banker, I financed affordable housing so I know how difficult it is to make the numbers work for the developers and for the other members. We support the affordable housing master plan, because it recognizes the big investment that we need to make to accomplish this goal of 32,000 units. Instead of spending the Miami Forever bond money on piecemeal projects, we can leverage that money if we put it together with other State and Federal dollars up to a billion dollars in public investment and leverage it a the HUD (Housing and Urban Development) rate, which is typically 6 to $9 dollars on a dollar, we can achieve the four to six billion dollars needed. The plan is actionable but we need to put it on our support now and not kick the can down the road, like it seems to be happening. We thank you. City of Miami Page 66 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mikal Hamin: Good morning. My name is Mikal Hamin. I'm from 5245 Northwest 7th Avenue, Miami, Florida. I'm an imam at Masjid, at the mosque in Liberty City. We have been therefor over --I'm representing PACT this morning. Our mosque has been a fixture in Liberty City since 1962. We're asking and --we're asking for your support of this plan when you meet on next week to take it in consideration. Over the time that we've been in Liberty City, we have seen the neighborhood transition. People are moving out that perhaps would be more mobile and stayed there and made the city or that neighborhood more effective for business and housing for the neighbors and they wouldn't have to leave. I think this plan, if adopted and accepted by this board on next week, it would help that neighborhood tremendously. So take into consideration the opportunities for the Liberty City area. Thank you. Janet Copeland: Good morning. My name is Janet Copeland. I live at 824 Cortez Street, Coral Gables. I'm representing PACT, as well, and I also am a member of Coral Gables Congregational, UCC (United Church of Christ). Although I'm not a resident of Miami City, I am a resident of Miami -Dade County, and I applaud your efforts in taking the lead in solving the City's growing housing affordable issue. I have several friends and I've heard many stories of people who could not afford to live close to their jobs here in Miami City. They commute in heavy traffic each day from their homes in Homestead and Kendall. This only adds to our traffic woes, which contributes to a decline in our quality of life. I have other friends who have felt forced out of the City as they entered retirement, because of the cost of housing. Even downsizing was not a reasonable option for them because of property tax increases due to the homestead exemption tax structure. The affordable housing master plan is a comprehensive plan that takes a creative approach to housing insecurity, and one that even large developers support. By accepting this plan, the City of Miami will show the rest of Miami -Dade County that you are taking a leadership role in tackling the housing crisis. Thank you very much. Linda Smith: Good morning. My name is Linda Smith. My address is 15815 East Bunch Park Drive, Miami Gardens, Florida 33054. I'm here representing PACT as a member of St. Philip Neri Catholic Church. As a disabled Vietnam veteran, I've fought for the services that I am now due and I am proud of a homeown -- proud to be a homeowner in Miami Gardens. However, many of my family members in Liberty City and beyond are constantly struggling to pay their rent. Over the years, many of them have been forced to move in with me. I look around at affordable housing in the City and I often ask, 'Affordable to who?" One of the reasons that we support this plan is because it focuses on how much money people actually make who live in the City, which is much lower than other areas in South Florida. It focuses on affordable housing for people that make 80 percent of that median income. I frequently use public transportation to get around the City, especially to get to City and County offices downtown to get services that I need. One of the reasons we support this plan is because it focuses on developing housing near public transit options. The affordable housing master plan will benefit me, my family and my community. Please vote 'yes" today. Thankyou. Anamaria Ferrara de Melo: Good morning. I'm Anamaria Ferrara de Melo, with Urban Health Solutions. I'd like to urge the Commission as you all continue to discuss this. Although the plan does briefly talk about the health outcomes of this plan, know that housing is one of the best researched or most in-depth research of all social determinants of health. This housing plan will have the opportunity to not only create stability for mental health and for the cohesions of families and opportunities not only for educational attainment, but also for improved quality of housing and financial relief and burden, as we've heard from many of the speakers today. But also that it's -- something that is very important as you think about the financial mechanisms to be able to support this plan, to take into account what the health City of Miami Page 67 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 impacts will be for the neighborhoods in general as the concentration of the implementation of this plan has been suggested. And as you go through the suggestions of the implementation of this plan are very concentrated. And so, if you could please take into account what some of those health impacts will be at the community level, because the research is so strong to support the environmental, social and physical and mental impacts on our community. Thank you. Hilton Napoleon: Good morning. My name is Hilton Napoleon. Obviously, you guys may know that I'm here on a different reason, but I felt compelled to actually say something about the situation. I have had four sets of close friends who have moved from the City of Miami for this very same reason. Both were married couples who were teachers in the Miami -Dade County Public School System. And neither one of them as a family could afford to live here. Two of the males were math teachers. I think that it's important to recognize with the STEM (Science, Technology, Engineering and Mathematics) in the future and the way that society is moving with math and technology, this is a real problem. This isn't something that is just contrived or something that's made up. And I just felt compelled to let you guys know that I have had four sets of friends move from the City of Miami and Miami -Dade County to Georgia, where housing is much more affordable, and they can actually provide for themselves and for their families. And with people who are -- who have two -teacher salaries and two kids, it's just impossible. So I just wanted to add that and say thank you for the time. Chair Hardemon: Is there any other person here for public comment on Item CA.S? Seeing none, I'm going to close public comment for Item CA.5. Is there any further discussion from the board? Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries for CA. S. Mr. Hannon: As amended. Chair Hardemon: As amended, as modified. City of Miami Page 68 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 CA.6 RESOLUTION 6942 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED ON JULY Parks and 16, 2019 PURSUANT TO INVITATION FOR BID ("IFB") NO. Recreation 1064383 FOR THE PROVISION OF MEALS FOR AN ADULT CARE FOOD PROGRAM ON AN AS NEEDED BASIS FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS ON A PRIMARY AND SECONDARY BASIS AS FOLLOWS: RANDAZZO CATERING, INC. DOING BUSINESS AS CREATIVE TASTES CATERING ("CREATIVE TASTES"), THE PRIMARY VENDOR, AND RED CHAIR CATERING LLC ("RED CHAIR"), THE SECONDARY VENDOR, FOR THE PARKS AND RECREATION DEPARTMENT ("PARKS") FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM VARIOUS SOURCES OF FUNDS FROM PARKS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH THE STATE OF FLORIDA ("STATE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT ALLOWS THE CITY OF MIAMI ("CITY") TO PARTICIPATE IN THE ADULT CARE FOOD PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0022 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA. 6, please see Item CA.]. END OF CONSENT AGENDA Citv ofMiami Page 69 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PH - PUBLIC HEARINGS PHA RESOLUTION 6518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Parks and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Recreation CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PLACEMENT OF A SIGN OR ADVERTISING, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" OF THE DONATION AGREEMENT, FROM SIMPLY HEALTHCARE PLANS, INC., A FOR - PROFIT CORPORATION ("SIMPLY"), WITHIN HADLEY PARK, A CITY -OWNED PROPERTY LOCATED AT 1350 NORTHWEST 50 STREET, MIAMI, FLORIDA ("HADLEY PARK"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM SIMPLY AT AN ESTIMATED VALUE OF $21,179.00 IN THE FORM OF EQUIPMENT AND IMPROVEMENTS AT HADLEY PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A DONATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PLACEMENT OF THE SIGN OR ADVERTISING AND THE ACCEPTANCE OF THE EQUIPMENT AND IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID DONATION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item PH.], please see "Order of the Day. " Citv ofMiami Page 70 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PH.2 RESOLUTION 6938 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - Office of FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED Resilience and PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING Sustainabiiity THE CITY MANAGER'S RECOMMENDATIONS AND FINDING, "A," ATTACHED AND INCORPORATED AS EXHIBIT THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE THE RECOMMENDATIONS OF THE CITY OF MIAMI'S OFFICE OF RESILIENCE AND SUSTAINABILITY REGARDING ENTERPRISE COMMUNITY PARTNERS, INC. AND ITS QUALIFICATIONS TO ASSIST IN DEVELOPING AN AFFORDABLE HOUSING RESILIENCE AUDIT TOOLKIT BY NEGOTIATING AND EXECUTING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SERVICE AUTHORIZATION LETTERS, PROFESSIONAL SERVICES AGREEMENTS, AND AMENDMENTS, EXTENSIONS, AND MODIFICATIONS IN COMPLIANCE WITH THE RELATED FORM OF THE URBAN SUSTAINABILITY DIRECTOR'S NETWORK FUND CONTRACT WITH ENTERPRISE COMMUNITY PARTNERS, INC., FOR AN AMOUNT NOT TO EXCEED $250,000.00 FOR A PERIOD COMMENCING FEBRUARY 1, 2020 AND ENDING DECEMBER 31, 2021, WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL ONE-YEAR TERMS, WITH EACH ADDITIONAL TERM NOT TO EXCEED AN AMOUNT OF $250,000.00 PER YEAR UNDER THE SAME TERMS AND CONDITIONS AS STATED HEREIN. ENACTMENT NUMBER: R-20-0012 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: You're recognized, Mr. Vice Chair Vice Chair Russell: PH 2, please. I'd like to move that. Chair Hardemon: Say it again. Vice Chair Russell: P112; I would like to move PH2. Chair Hardemon: PH 2; been properly moved to approve PH 2. Is there a second? Seconded by Commissioner Reyes. Any further discussion? Commissioner Carollo: Hold on for one second. Let me go to PH.2. Why, ifI may ask the Deputv Manager, are we asking for a bid waiver here? Joseph Napoli (Deputy City Manager): Can you say that again, Commissioner? I didn't -- Citv ofMiami Page 71 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Why are we stating that competitive negotiation methods and procedures are not practical or advantageous to the City of Miami? What is the reason on that? Mr. Napoli: RE.1 was the grant that we -- Commissioner Carollo: PH.2. Mr. Napoli: I'm sorry. Yes, I understand, Commissioner, but RE.1 was a grant that we accepted. In the grant application, we had to identify the entity that we were working with, and that's why. That's why we did these in that order. Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: The question is, why we -- I mean, we are waiving competitive bidding in PH.2? Is this the only company that does it, or why? There must be a reason. Jane Gilbert (Chief Resilience Officer): Yes, absolutely. Mr. Napoli: Yes, Commissioner. Go ahead, Jane. Ms. Gilbert: Sure. So Enterprise Community Partners is a national non-profit that has -- Chair Hardemon: Can you state your name for the record, please? Ms. Gilbert: I'm sorry. Jane Gilbert, Chief Resilience Officer for City of Miami. They have done a similar project in Boston, D.C. (District of Columbia) and New York, where they developed tools and training for the owners and operators of affordable multi family housing. And so, we felt it was the most efficient to work with them to create something that was specific for the Miami area to help those existing affordable housing look and audit their facilities to see what they need to shore up their buildings for storms, for energy hardening, for energy and water efficiency. So that's -- and so, we wrote the grant together; and so, not all the funding, but the majority of the funding would go to them to actually do the work, and we will be managing the project with them. Commissioner Reyes: Are they the only ones that provide that service? I mean, normal, they are -- Ms. Gilbert: They're the only ones that I am aware of. Commissioner Reyes: -- the only one that you are aware of? Ms. Gilbert: Correct. Commissioner Reyes: We didn't go public, and we didn't request that? And we didn't -- an RIP (Request for Proposals)? Ms. Gilbert: We did not do a public announcement, because we didn't have the grant. Commissioner Reyes: Okay. Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye." City of Miami Page 72 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PH.3 RESOLUTION 6940 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "MIAMI PLAZA," Department of A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY Resilience and DESCRIBED IN ATTACHMENT "l," SUBJECT TO SATISFACTION Public Works OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-20-0023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For minutes referencing Item PIL3, please see Item CA.]. END OF PUBLIC HEARINGS Citv ofMiami Page 73 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 RE - RESOLUTIONS REA RESOLUTION 6937 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of AUTHORIZING THE CITY MANAGER TO ACCEPT AND Resilience and APPROPRIATE A REIMBURSEMENT GRANT AWARD FROM THE Sustainability URBAN SUSTAINABILITY DIRECTOR'S NETWORK ("USDN") 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 MATCH IN THE TOTAL AMOUNT OF $510,000.00 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 USDN FOR SAID PURPOSE TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF THE GRANT AWARD FOR THE PERIOD COMMENCING FEBRUARY 1, 2020 AND ENDING DECEMBER 31, 2021 WITH THE OPTION TO RENEW FOR UP TWO (2) ADDITIONAL ONE-YEAR TERMS AT THE SAME NOT -TO - EXCEED AMOUNTS UNDER THE SAME TERMS AND CONDITIONS FOR THE PROGRAM, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED. ENACTMENT NUMBER: R-20-0010 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: I'd like to move RE.1, please. Chair Hardemon: It's been properly moved to approve RE.1. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Reyes [sic]. Any discussion? Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Vice Chair Russell: ThankYou. Citv ofMiami Page 74 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 RE.2 RESOLUTION 7047 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 ("API") IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO CUBAN MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CUBAN MUSEUM"), IN SUPPORT OF THE CUBAN MUSEUM CULTURAL PROGRAMS; 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. ENACTMENT NUMBER: R-20-0011 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: I move RE.2. Commissioner Reyes: I second. Chair Hardemon: Been properly moved by Commissioner Carollo; seconded by Commissioner Reyes to approve RE.2. Any discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Vice Chair Russell: Mr. Chair -- Chair Hardemon: Motion carries. Citv ofMiami Page 75 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 RE.3 RESOLUTION 7048 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 ("API") IN A TOTAL AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00) TO RER CONSULTING ENTERPRISE LLC, A FLORIDA LIMITED LIABILITY COMPANY ("RER"), IN SUPPORT OF THE TEEN TALK DIALOGUE SESSIONS; 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. ENACTMENT NUMBER: R-20-0013 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Next on the agenda is RE.3. Vice Chair Russell: So moved. Chair Hardemon: Been properly moved; is there a second? Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded that we approve RE.3. Any discussion? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 76 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 REA RESOLUTION 7067 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: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item RE.4, please see "Order of the Day. " RE.5 RESOLUTION 7069 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners ESTABLISHING A MIAMI 21 AD HOC TASK FORCE ("TASK and Mayor 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. ENACTMENT NUMBER: R-20-0015 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Reyes: RE.5. Chair Hardemon: Call our attention to RE.5. Commissioner Reyes: Move it. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded to approve RE.5. Any discussion? Todd B. Hannon (City Clerk): And Chair, my apologies. The title of the legislation needs to he amended to read, "Miami 21 Report Ad Hoc Task Force." Citv ofMiami Page 77 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Report. Does the mover and seconder agree to the amendment to the title? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: That's just for the composition of the actual -- Vice Chair Russell: The actual. Commissioner Diaz de la Portilla: -- total number of members; not the actual members, correct? Commissioner Reyes: Yes. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Correct; 12 members? Chair Hardemon: Any further discussion? Commissioner Diaz de la Portilla: I'm sorry, I have a question. Is it -- Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: -- 12 members, Mr. Hannon? Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: Any further discussion? Commissioner Diaz de la Portilla: I have another question. Chair Hardemon: Sure; you're recognized. Commissioner Diaz de la Portilla: Six -- if I remember correctly from yesterday's briefing, six of the members have to come from the City of Miami, and I don't know if the Commission will be amenable to this or not, but I think that -- I've always had a concern about limiting members of these committees to only City of Miami residents, because it limits the (UNINTELLIGIBLE) pool, where we can get people, and we'll get the best and the brightest names to these commissions [sic], especially one as important as this one. So I don't know if the Commission -- you know -- discussed it with the Mayor or anything, Mayor, but if you would be amenable, also, to just expanding it, saying anyone doesn't have to be a member of the City of Miami or living in the City of Miami? Chair Hardemon: If I could make a comment about that, then I'll call on the Vice Chairman. I know one thing -- I can't speak to all organizations that we have within our -- with our -- you know -- purview, but I will say that when it comes to certain entities that are doing certain jobs that are peculiar to City of Miami issues, I think it's a good practice to limit the individuals to City of Miami representatives so that we're getting at least a reflection of what the community believes, and not necessarily someone from outside the community, so that's my only --you know -- my push back on it. For instance, for Miami 21, it's an issue that there are lots of people who have lots to say outside of the community. As a matter of fact, there -- in the City of Miami Page 78 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZAB (Planning, Zoning and Appeals Board) meetings, a lot of the people who come to the PZAB meetings are not from the City of Miami community, from outside the community, and then they're telling us what they believe we should do with our Miami 21 status. So I'm sure that we can come to some sort of agreeance, but that's just my thoughts on it. Vice Chairman. Vice Chair Russell: Mr. Chairman, thank you. Recommendation of an amendment for Commissioner Diaz de la Portilla's concern, what if it's live in and/or work? That way, if someone who's outside the City but they work within the City, they still have a stake and an awareness, and a connection that'll broaden -- Commissioner Diaz de la Portilla: Or own property; maybe "or own property in the City of Miami" is -- Vice Chair Russell: Or own property, yeah; live or work, or own property. Commissioner Reyes: Mr. Chair? Vice Chair Russell: That does broaden the field. Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: The idea that this legislation is to reform or try to find a way that Miami 21 -- and by reviewing Miami 21 that the integrity of our neighborhoods are respected. And I think that since the citizen -- residents of the City of Miami are the ones that suffer the most from this legislation, which is Miami 21, I think that they -- we should take into consideration that residents are a very important part of this committee. Commissioner Diaz de la Portilla: I agree. I know it's your item, and I don't want to -- you know -- trample on your idea. I think it's a great idea. I think it's something that we -- it's long overdue. But I just wondered if maybe you would be amenable to -- property owners are also impacted or -- Commissioner Reyes: That's right. But the language on property owners, it is there in the legislation. Commissioner Diaz de la Portilla: Is it in there already? Is -- does the ordinance -- Commissioner Reyes: Property owners is in the legislation already. Commissioner Diaz de la Portilla: -- the resolution say that property owners -- or does it say just residents? Commissioner Reyes: Just residents. Commissioner Diaz de la Portilla: I think in other boards, it says, 'property owners. " I'm not sure in this one it does. But maybe the City Manager or the City Attorney can clam for me. Victoria Mendez (City Attorney): Right. I believe that -- so in Section 3, it says, "Six members who are electors of the City and who have the desire to serve on the task force." And then -- Commissioner Diaz de la Portilla: Electors. Ms. Mendez: --Section "B"talks about -- City of Miami Page 79 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Electors. Ms. Mendez: -- six members consisting of the different other things that are not supposed to be electors. Chair Hardemon: But it doesn't have a -- Ms. Mendez: So if you would like to change the section, it's supposed to be electors or work, like was suggested by Commissioner Russell, I could change it there. Commissioner Diaz de la Portilla: Maybe not work but property owners -- Commissioner Reyes: Or property owners. Chair Hardemon: Essentially, we're -- before we -- essentially, the first part is six members who are electors. Those are guaranteed community members. Commissioner Reyes: That's right. Chair Hardemon: The second part are six members, and then it does not give necessarily whether or not they have to be electors. It just says they have to have this sort of experience in these different types of areas. Commissioner Reyes: Professionals. Ms. Mendez: So if you don't -- if you want the "electors" portion to be changed, it would be, "who are electors or owners of property, or who work" --just let me know how you want it. Chair Hardemon: So my point is that if you left it the same, we'll be fine. Commissioner Diaz de la Portilla: Well, work, no, because they could live -- work in downtown Miami or --you know. But property owners are people that have a vested stake and have a -- Commissioner Reyes: I think that we have half of it; that they are not City -- a resident of the City of Miami. Commissioner Diaz de la Portilla: I'll defer to you, Commissioner. Commissioner Reyes: I think that residents -- Commissioner Diaz de la Portilla: It was just an idea, sir. Commissioner Reyes: Yeah, but just -- I want to you to make clear, understand what -- the rationale behind it. It is that the residents of the City of Miami, which are the electors, they are the ones that have to live with Miami 21, you see. And we are trying to form this committee that at least half of the committee is composed of people that live and suffer, breathe Miami 21 -- Chair Hardemon: That's how you -- Commissioner Reyes: -- and is affected by Miami 21. I don't -- Commissioner Diaz de la Portilla: But if you're a legal residents and you're not a citizen, you're not an elector, so you can't -- City of Miami Page 80 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Well, if you're not a legal -- you're right. Commissioner Diaz de la Portilla: If you're not registered to vote -- Commissioner Reyes: I mean, if you're illegal. Commissioner Diaz de la Portilla: Well, you could be a legal resident, or you may not be a resident. Commissioner Reyes: Okay. But I -- on the other hand, I think that the best thing that we can do, the best course of action is to bring people that they are knowledgeable on zoning and building, and all of that, you see. Chair Hardemon: That is how you have it written, and it doesn't require -- Commissioner Reyes: Yes, that's how I have it written. Chair Hardemon: -- necessarily that they work there, so they can work there -- Commissioner Reyes: Yes. Chair Hardemon: -- in that section. Mr. Mayor. Mayor Francis Suarez: Mr. Chair, and I would just say you can also have a subcommittee of experts, as well. Commissioner Reyes: What? Mayor Suarez: The committee can create a subcommittee without -- you know -- they're not necessarily voting members, per se, but they are experts that can inform the committee to inform us of their recommendations. Commissioner Reyes: The experts are going to come from the people that you appoint --I mean we appoint. We're appointing --I got my two appointments. Mayor Suarez: But the two -- Commissioner Reyes: I got residents; one is a resident and an expert -- Mayor Suarez: Right. Commissioner Reyes: -- and the other one is not a resident, but is an expert, you see. Mayor Suarez: Right. Chair Hardemon: Is there any further discussion about the motion on the floor? Commissioner Reyes: Okay. Chair Hardemon: Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? City of Miami Page 81 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Hannon: As amended. RE.6 RESOLUTION 7079 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 4(H) OF THE CHARTER OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, FIXING AND ESTABLISHING THE COMPENSATION FOR MAYOR FRANCIS X. SUAREZ. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.6 was deferred to the February 13, 2020, City Commission Meeting. For additional minutes referencing Item RE.6, please see Item NA.6. Commissioner Reyes: You need a motion to defer? Commissioner Carollo: Yes, I would need a motion. Commissioner Reyes: So moved. Commissioner Carollo: The motion; there's a second. Chair Hardemon: Been properly moved and seconded to defer Item RE.6 to the next meeting. Commissioner Carollo: RE.6 and DI.1, they will be combined. Chair Hardemon: And DI.1, you want it to be deferred, as well? Commissioner Carollo: Yeah. But it'll be combined when it comes back. Chair Hardemon: It's combined into what; to RE.6? Commissioner Carollo: To RE.6, yes. Chair Hardemon: I'm confused. Just for clarification, does the Charter speak to outside employment of the Mayor? Victoria Mendez (City Attorney): So the outside employment of the Mayor, I have a legal opinion on that that I wrote two years ago -- Commissioner Carollo: She does. Ms. Mendez: -- and it does not say that he cannot have outside employment. He can have outside employment. Chair Hardemon: So, but my question is, if we're combining DLI with RE.6, and RE.6 -- in fact, when you look at the resolution, it speaks to the Charter, specifically City of Miami Page 82 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Section 4H of the Charter. How is it that we can combine the Charter issue with an issue of outside employment of the Mayor? Commissioner Carollo: Well, what I was trying to do, so you could understand -- Chair Hardemon: Mm-hmm. Commissioner Carollo: -- since I want to speak on one versus voting on the other, I wanted to combine them. But if you like, we'll leave them like that, and when I take up RE.6, I'm going to ask that I could bring up DI.I as discussion before I go into RE.6 that in referring to -- Chair Hardemon: So you want to talk about DI. I before you talk about RE.6? Commissioner Carollo: That's correct. Chair Hardemon: Okay. Commissioner Carollo: But, you know, I need them back to back is all that I'm saying. Chair Hardemon: Understood. So the motion on the floor, to clarify, is to defer these two items then to RE -- to the next agenda. Commissioner Carollo: Correct. Commissioner Reyes: And -- but my understanding, Commissioner Carollo, you are going to use -- I mean, DI.1 is a -- you're going to use only DI.1, or you're going to also have RE.6 as a --? Commissioner Carollo: DI.1 will be strictly a discussion. Commissioner Reyes: And RE.6 is a resolution. Commissioner Carollo: RE.6 might be discussion, might be a resolution. I don't know yet. But I might have something else that I will be presenting at the time -- Commissioner Reyes: Okay. Commissioner Carollo: -- that would go along with fixing and establishing the compensation for the Mayor. Commissioner Reyes: Okay. Chair Hardemon: All right. So it's been properly moved and seconded. Seeing no further discussion, all in favor of that motion to continue, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All opposed? It's been properly approved to defer the item. City of Miami Page 83 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 RE.7 RESOLUTION 7055 A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE BILL ("SB") 1302 AND ANY SIMILAR LEGISLATION THAT City Manager's WILL INCREASE THE STATUTORY LIMITS ON LIABILITY FOR Office TORT CLAIMS AGAINST MUNICIPALITIES; REVISE WHEN A MUNICIPALITY MAY AGREE TO SETTLE A CLAIM OR JUDGMENT WITHOUT FURTHER ACTION FROM THE LEGISLATURE; OR REQUIRE CERTAIN FINAL JUDGMENT AMOUNTS TO BE PAID WITHOUT FURTHER ACTION BY THE LEGISLATURE; FURTHER URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE OPPOSITION TO SB 1302 AS ONE OF THE CITY'S 2020 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0014 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: RE. 7. Vice Chair Russell: I'll make the motion. Chair Hardemon: It's been properly moved. Commissioner Carollo: RE.7 is the one -- Chair Hardemon: Is there a second? Commissioner Carollo: -- Madam City Attorney, RE.7 is the one with the State on the trees or --? Victoria Mendez (City Attorney): RE.7 is the one that we are requesting opposition to the million -dollar caps, and I believe that -- Commissioner Carollo: Okay, okay, that's a different one, yeah. Ms. Mendez: Yes. And -- Commissioner Carollo: This is very serious. Ms. Mendez: -- Commissioner Reyes has been making some headway with that for its. It's gotten a little better, but it's still had, so we want to continue -- Commissioner Reyes: It has gone down, I think, to half a million. Ms. Mendez: Right. It was -- you were able to -- in conversations with Senator Flores, Commissioner Reyes was able to negotiate a lower cap -- City of Miami Page 84 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Weren't you --? Ms. Mendez: -- right, to about half a million, but we're still -- it's still detrimental to our fiscal sustainability, so we're going to continue trying to work with the Senator on that. Chair Hardemon: Any further discussion on RE.7? Seeing none, all in favor, say "aye. " Todd B. Hannon (City Clerk): Chair -- Chair Hardemon: Oh, I'm sorry; we don't have a second. Seconded -- the Chair is the seconder. Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF RESOLUTIONS City of Miami Page 85 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 6554 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 22/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL;" MORE SPECIFICALLY, BY AMENDING SECTION 22-1, TITLED "DEFINITIONS," TO DEFINE SUBCONTRACTOR AND WASTE BROKER, AND SECTION 22-6, TITLED "LITTERING AND DUMPING PROHIBITED; DUMPING OR BURYING WASTE WITHOUT PROPER AUTHORIZATION; ILLEGAL DUMPING IN AREA BULKY WASTE TRANSFER STATIONS; ENGAGING IN BUSINESS OF SOLID WASTE COLLECTION WITHOUT FRANCHISE; DECLARED PUBLIC NUISANCE; PRESUMPTION," TO PROHIBIT FRANCHISEES FROM CONTRACTING, SUBCONTRACTING, UTILIZING EQUIPMENT, OR ENTERING INTO BUSINESS RELATIONSHIPS WITH COMMERCIAL SOLID WASTE HAULERS THAT HAVE NOT BEEN AWARDED A FRANCHISE BY THE CITY OF MIAMI ("CITY') FOR THE PROVISION OF SERVICES TO COMMERCIAL AND MULTI -FAMILY PROPERTIES WITHIN THE CITY OF MIAMI ("PURPOSE"); FURTHER AMENDING CHAPTER 22/ARTICLE 11 OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION;" MORE SPECIFICALLY, BY AMENDING SECTION 22-46, TITLED "ENGAGING IN BUSINESS OF SOLID WASTE COLLECTION AND DISPOSAL; ISSUANCE OF FRANCHISE AGREEMENT TO PRIVATE SOLID WASTE COLLECTORS," FOR THE SAME PURPOSE; AND FURTHER AMENDING CHAPTER 22/ARTICLE IV OF THE CITY CODE, TITLED "GARBAGE AND OTHER SOLID WASTE/MAINTENANCE OF LOTS;" MORE SPECIFICALLY, BY AMENDING SECTION 22- 119, TITLED "EXEMPTIONS," FOR THE PROVISION OF AN EXEMPTION DURING A DECLARED STATE OF EMERGENCY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13889 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For additional minutes referencing Item SR.], please see Item CA. 5 and "Public Comment Period for Regular Item(s). " Chair Hardemon: I want to bring our attention to SR.1. Before there's a motion to approve SR.1, I want to -- Commissioner Carollo: Hold on. Let me ask (INAUDIBLE). Citv ofMiami Page 86 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: I want to talk about SR.1. I'm listed with SR.1 as a -- Commissioner Carollo: Solid waste collection and disposal. Chair Hardemon: Yeah. I'm listed as a co-sponsor of the item. I know that there were some amendments that were put on the record the last time we talked about this, but these amendments were not captured in this piece of legislation. I don't know -- there was some legal discussion about why it wasn't captured. However, one of the things I wanted to bring up to this body is that this piece of legislation does really two things. It identifies that waste brokers shall be allowed to work within the industry, so it acknowledges them. And on the -- and it also describes some limitations of franchisees to contract or subcontract with other hauling companies. So it kind of gives guidelines in those two perspectives. The third thing it does is that at the very, very end, before "maintenance of lots, " it describes in Section X" and Section "T " that the amendments to this Code shall be inclusive -- or shall be basically included in the franchise agreements that we --that the franchisees are participating with. That's what they -- the City and what the franchisees have agreed to. So the things I want to acknowledge are these things. First, I want to be clear from the City Attorney's perspective that we're not unilaterally -- are we allowed to unilaterally change the franchise agreements that the haulers have with the City, or is that something that we all have to come to an agreeance op That's the first thing. I'll let you research that. Second, it's clear that the franchisees pay -- and you can step to the lectern, please, sir. It's clear to me that the franchisees pay on revenue, on any revenue that they receive in relation to their work within the City of Miami. They also --so they pay a percentage. They also pay --they pay lots of things, right? Here, we're including waste brokers as far as acknowledging them into our system. Previously, they were not acknowledged, but we know they were working in the industry, as what was described on the record. Now that we've acknowledged that there are waste brokers within our Code, my -- what I want this board to consider is the fact that the waste broker does not pay any fee what so -- let me finish -- does not pay any fee, whatsoever, to the City of Miami. And so, any monies they make -- say it was $100 -- that money is theirs. Now the contract that they might have helped set up, the franchisee pays a fee to the City of Miami, but we're not capturing the monies that are made by the waste brokers. And so, my question to this body is, in order to improve the revenue that's coming into the City of Miami to make this industry at least more fair, should we be considering -- I believe we should -- but should we be considering fees that are -- that should be paid to the City from the actual waste broker? Commissioner Reyes: Sure. Chair Hardemon: You're acknowledged. Commissioner Reyes: Following your frame of thought, when we had this discussion and I had talked -- I mean, that I met with the brokers, and Madam City Attorney, she knows that we are working on legislation that is going to be presented later on in which they will be charged a fee. Madam City Attorney, Madam -- Barnaby Min (Deputy City Attorney): Yes, sir. Commissioner Reyes: We're talking about the fees, and the fees that -- the legislation that we are going to bring -- Mr. Min: Yes, sir. Commissioner Reyes: -- about the brokers being charged -- Mr. Min: Yes, sir; a regulatory fee. City of Miami Page 87 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: -- fees for the work that they do within the City of Miami. Chair Hardemon: And how was the fee structure created? Because I understand -- Commissioner Reyes: And that's what we are working on, and we are -- we don't want it to be a license, because in the license, that -- they have to have an address in the City of Miami, and some of them don't. And we want to capture and to know who -- what every one of them is, and it has to be just as a fee. Chair Hardemon: So in order -- Commissioner Reyes: And no BTRs (business tax receipts), anything like that. Chair Hardemon: -- but the -- so the question that I have is this: Our franchisees, they pay on their revenue, but then they also pay on each new account, right? So can you just describe to me, sir, what fees the franchisees pay? Mario Nunez: Good afternoon, Commissioners. Mario Nunez, Director of Solid Waste. In regard to your question, each one of the franchise haulers are paid an annual fee, and on top of that, they pay a -- Chair Hardemon: Can you tell us what that --? Mr. Nunez: -- 24 percent on the gross receipts. Chair Hardemon: So tell us what the annual fee is. Mr. Nunez: An annual fee is established in the Code in the franchise agreement. It's around $6,000 as a minimum amount. And that one basically is the license that they have to operate in the City. And then everything else is based on gross receipts; not on net revenues, but on gross receipts. Chair Hardemon: Well -- Mr. Nunez: So the City receives 24 percent on gross receipts. Chair Hardemon: Right. Mr. Nunez: Each one of the franchise owners. Chair Hardemon: So then my question to you, Commissioner, would be, are we considering their legislation that says that waste brokers will be paying an annual fee of a certain amount, and then a percentage of their gross receipts, or --? Commissioner Reyes: No. It's just -- it's going to be an annual fee. But let me tell you this, what is really -- motivates me to do this, because I make this very clear, you see. There are small businesses that they are paying --for example, they are paying $500 a month for just a small bin, I mean, and through the broker, they -- that fee that they are paying have been lowered. Granted, the City of Miami might not be getting as much money as from the licensee, I mean, or the people that they are licensed, they have the franchises, but we are benefiting. By this legislation, we are benefiting the -- particularly, the small businesses. Furthermore, this is the only way that we can and we will, you see, identify all brokers, because as of today, there are brokers all over, and you know very well that those brokers use people that they don't pay any franchise fees to us. How are we going to police that if we don't have this legislation in place? As of today, you go out on the street, you go out in anyplace and there are City of Miami Page 88 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 people that they are brokers, and they are hiring garbage collectors that they don't have any franchise license from the City of Miami. This way, what we're doing, we're saying, "Yes, you're a broker. You're going to pay a fee, but you can only, only, only use drivers, collectors that they pay franchise, "you see? Chair Hardemon: So -- Commissioner Reyes: We might lose a little, but we will gain more of the quantity of franchise haulers that will be working on the City, you see? And then -- and besides that, the benefit that we are offering our businesses -- and some of them are really struggling, and particularly small businesses -- that they can get their garbage hauled by somebody -- I mean, by paying less than that, you see, by using the brokers. And at the same time, we identify who all the brokers are, you see, and their customers, because they have to come and they have to disclose who the customers are, and who are the haulers that they are contracting. And that's the only way that we can make sure that they are using licensees -- I mean franchisees, and that they -- it's the only way we can do it, because right now, you know, Mario, that there is a bunch of brokers that they use people that they don't pay a franchisee, you see? So. Mr. Nunez: IfI may? Chair Hardemon: You're recognized. Mr. Nunez: Yes. This will create definitely a level playing field for everyone. Chair Hardemon: Who? This? Mr. Nunez: The brokers -- including the brokers, who the brokers are, who the players are; establishing a registry of who the brokers are conducting business with the City of Miami. At this point in time, we do not know exactly how many they are and what they're doing; establishing a regulatory fee on an annual basis. Chair Hardemon: Well, but I'm confused. This legislation before me right now does not create a listing of brokers. It identifies who brokers are. This legislation that -- Mr. Nunez: This is the first step. Chair Hardemon: -- let me say it. This legislation before me right now does not establish a fee for brokers to pay. Mr. Nunez: No. Chair Hardemon: This legislation does not make things equal at all for brokers and other franchisees within the industry. And so, I understand what Commissioner Reyes is saying about the benefit of brokers. That's not -- I'm not debating that. What I'm saying is that here, what we're not considering -- I understand that there may be some legislation coming in the future that may consider some fees or -- but the Commissioner admitted that it won't be considering a percentage of their gross receipts. And so, what I'm saying is that if we put this legislation into place, one, it doesn't guarantee us to -- it doesn't name who the brokers are. It just acknowledges that there are brokers. And second, it doesn't give us any revenue. We're not getting any revenue; unlike what we're getting from the franchisees. And so, the new piece of legislation, I think should run along with this is what I'm saying. So what I'm saying is that we should not vote on this matter. We should bring the other matter along with it that says: One, that the brokers will pay this amount of fee each year. And I'm not saying it has to be equal to the fees that the haulers are paying, but it should be a fee. And I'm also saying that, perhaps we should get a percentage of their gross receipts, City of Miami Page 89 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 like we get with the haulers. Now, it doesn't have to be the same percentage, but I think that there should be a percentage. Why? Because in this particular industry that we're talking about here, the City of Miami, we get off like a fat cat. And so, I think that it's imperative that we at least make some things relatively equal with all the players within the industry; that's my point in this. So I'm not saying -- so I'm supportive of the measure but I think -- Commissioner Reyes: Yes, but -- I do understand, but this is -- I do want you to understand this is the first step. This is not going to be, you see, because the -- what we are going to charge them and the way that it's going to be working, it is -- and I do understand your concern -- that the brokers, by using the brokers, we are not -- I mean we are losing, probably, since they can get lower rates, lower rates; since they are lowering the rates, maybe the benefits that we are receiving on the percentage -- Chair Hardemon: We miss that? We miss that -- that's not (UNINTELLIGIBLE). Commissioner Reyes: Hold on, let me finish, let me finish, okay? That it is going to be missed, but what you don't understand and what I'm trying to tell you is that at this moment, there are a bunch of brokers that they are not using license -- people that have franchises; isn't that true? They are pirates -- Chair Hardemon: No, I get that. Commissioner Reyes: By getting all of them into the -- I mean, under this legislation that they have to use people that have franchise, we are gathering -- I mean, we are making more money. We are making more money, and at the same time, we will be able to identify all the brokers there is. The only thing that I'm asking is, let's pass this and we are working on -- and Victoria is working with us. And the next step is determined -- which we will determine here, it's going -- we will determine how much are we going to charge them and what type of fee, if it is a fee. And that's something that Victoria has been working and that it -- we cannot going to call it a license, because some of them don't even live in the City of Miami. And what we did, we -- in order to have a license, you have to have a City address, and that way, none of them is going to go down the cracks, you see. Chair Hardemon: Commissioner, I want -- I just want everyone -- I want every single Commissioner on this dais; I want all the waste brokers, the franchisees, the members of the public to understand this. This is -- this legislation does not guarantee that waste brokers deal with franchisees that are licensed. This legislation talks about that a franchisee has to contract or subcontract with licensed franchisees. I'm reading it out -- You know what? I will read it to you since my level of education does not suffice. "It shall be unlawful for a franchisee to contract or subcontract with another commercial solid waste hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the City that does not have a City Commission -awarded franchise. It shall be unlawful for a franchisee to utilize or have any equipment that is owned by another commercial solid waste hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the City that does not have a City Commission -awarded franchise. It shall be unlawful for a franchisee to have a business arrangement with another commercial solid waste hauling company, also referred to as a subcontractor or waste broker, for the servicing of a commercial property within the solid waste hauling company that does not have a City -awarded franchise. " All these things are upon the franchisee. "It shall be unlawful for a franchisee to contractor subcontract with another commercial solid waste hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the City that does not have a City Commission -awarded franchise. It shall be unlawful for a franchisee to utilize or have any equipment that is owned by another commercial solid waste City of Miami Page 90 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 hauling company, also referred to as a subcontractor, for the servicing of a commercial property within the City that does not have a City Commission -awarded franchise. It shall be unlawful for a franchisee to have a business arrangement with another commercial solid waste hauling company, also referred to as a subcontractor or a waste broker, for the servicing of a commercial property within the solid waste" - - "by a solid waste hauling company that does not have a City -awarded franchise. Franchise agreements shall be inclusive of the requirements of Chapter 22 of the City Code, as amended. A commercial solid waste hauling company servicing of a commercial property within the City of Miami without a City Commission -awarded franchise, pursuant to Chapter 22 of the Code, as amended, shall be presumed a public nuisance, and deemed damaging to the public health, safety, and general welfare. All amendments to Chapter 22 of the Code shall be deemed applicable to and a part of all franchise agreements while operation of law without need for execution of an amendment. For additional clarity, the Department and each franchisee shall enter into and execute an amendment to the franchise agreement for addition of these requirements to this section, as amended. " And the only other additional part that was added was the requirement that all subcontractors have and maintain City franchisees. "City franchises shall not apply during a declared state of emergency pursuant to provisions of Chapter 45 of the Code, as amended. " Every single line that was added was something that was applicable to the franchisee; the person that we have the contractual relationship with; the person that pays the annual fee; the person that pays a percentage of the revenue. None of these amendments have anything to do with the waste broker. This document merely identifies that waste brokers. It does not -- I repeat -- it does not give any additional responsibilities to the waste broker; any financial responsibilities, any identifying responsibilities. It doesn't limit them -- I mean, this is -- it does not direct the waste brokers at all. So that's why I'm asking that we include the legislation that affects the waste brokers, as well, at the same time that we do this, because I just think it makes sense to do, especially when you're affecting a franchise agreement that -- with individual companies that we have a financial relationship with and contract with already. The Vice Chairman, please. Vice Chair Russell: Mr. Chairman, do you have wording for an amendment that would rectify that potential loophole or clarification? Chair Hardemon: I don't think there's an amendment. What I'm saying is that I think that we should pass this and get the other legislation, and do it at the same time, so we have a clear picture of what's happening. Commissioner Reyes: Chair? Chair Hardemon: And the reason I say that is that, look, I -- you know, it's no secret I'm the Chairman of the Solid Waste Advisory Committee. I've been that since the day that I came, right? That committee was dormant many years before I stepped into the picture. So I'm very involved with what happens in the industry, so I get it. I understand what's happening. I just think that we should be careful that we're not, one -- and I'm not saying that we're losing revenue from the fact that the waste brokers would lower the -- if the waste -- Commissioner Reyes: Lower the cost. Chair Hardemon: Right. If a waste broker caused a business to have a lower fee that they pay, congratulations. I think it's a wonderful thing. If the City lost revenue in that situation, it's a benefit to the business owner. We want business owners in the City of Miami. I think that's something we should applaud, and I would applaud the waste broker. What I'm saying is that when the waste broker receives a fee, we don't get a percentage of that fee. That's lost revenue. We also don't get any fee that the City of Miami Page 91 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 waste broker would pay each year to operate within the City of Miami. That's my point. Commissioner Reyes: We will. Chair Hardemon: That's why I want both of them to come at the same time. Commissioner Reyes: Let me ask you something, because the problem here is that at this moment, do we know how many brokers are using haulers that are not franchise? Mr. Nunez: The Department of Solid Waste does not know. Commissioner Reyes: You don't know anything about that, right? Mr. Nunez: No. I know a few, but -- Commissioner Reyes: Are the brokers using at this moment people that -- I mean, haulers that they don't pay a franchise fee to the City of Miami? Mr. Nunez: The franchise haulers -- Commissioner Reyes: Yes, sir. Mr. Nunez: -- all of them are in good standing -- Commissioner Reyes: Non franchise; non franchise haulers are hauling -- Mr. Nunez: Once in a while, we find non franchisees operating in the City, and as I understand this, this basically precludes those franchisees for -- from engaging those companies. Commissioner Reyes: But they exist. They exist. Mr. Nunez: They do exist. They -- Commissioner Reyes: And there are people -- are businesses that they do business directly with franchise haulers that would charge them more; is that true? Mr. Nunez: Yeah, that could be the case. Commissioner Reyes: Does the franchise -- I mean the brokers lower the cost by having so many by dealing and -- dealing with the franchise haulers. Mr. Nunez: It's -- the brokers really are making business arrangements but the franchisees are the ones that collect -- Commissioner Reyes: Yes. Mr. Nunez: -- transport and dispose of -- Commissioner Reyes: Yes. Mr. Nunez: -- the solid waste, municipal solid waste in the City. Commissioner Reyes: This -- I mean, your opinion, this legislation will stop non - franchisees from collecting or hauling gar -- I mean the garbage from the City -- I City of Miami Page 92 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 mean from businesses, because they have to be -- I mean or brokers that they don't use non franchisee from doing business, see. Mr. Nunez: As I understand this, this proposed legislation, in this particular place in time, obviously, there is a need to expand more on what the role of the brokers are, but at this point in time from what I understand is that we're stopping literally that any of the franchisees of the 12 companies cannot engage any other outside companies doing business in South Florida from collecting or gaining accounts in the City of Miami. Commissioner Reyes: That is the intention of this legislation. This is the intention of the legislation, okay. Going to use companies without or who lack franchisees. This legislation also says waste brokers cannot use companies without or who lack franchises. Chair Hardemon: Where are you reading that? Commissioner Reyes: You see, they cannot. They cannot use them, you see. This prohibit brokers from using haulers that they don't have a franchise from the City of Miami. Is that the case? Mr. Nunez: That's how I (UNINTELLIGIBLE). Commissioner Reyes: And I do understand, Commissioner Hardemon, that we need to get -- I mean from the brokers, we need to get some revenues from them too. And then that could be in the form of -- I don't know if it's going to be a license or it's going to be anything. But we been working from my office with the City Attorney in developing that legislation. We will come pretty soon after this. And I'm moving to pass this second reading. Chair Hardemon: It's been properly moved. Is there a second? It's been properly moved and seconded. Any further discussion? Seeing none, all in favor, say -- Todd B. Hannon (City Clerk): Chair, title. Victoria Mendez (City Attorney): The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: There is some unreadiness. Commissioner Russell -- Vice Chair Russell: Thank you, Mr. Chairman. Chair Hardemon: --might have a question for you. Yes. Vice Chair Russell: I just wanted some clarity from you as our representative on the Solid Waste Advisory Board, because I want to respect your opinion. But I'm not fully understanding. You pointed out some deficiencies in the legislation, but you're not recommending an amendment, but perhaps parallel legislation? And how do you feel about this legislation as it is -- as is? Chair Hardemon: So part of my unreadiness about this legislation is tied into some of the language that's at the end. There is a franchise agreement that exists already between the haulers. This -- what this legislation says, that -- not only does this legislation amend that, but it says that all amendments to Chapter 22 of the City Code shall be deemed applicable to and a part of all franchise agreements, while operational, without need for execution of an amendment. For additional clarity, the department and each franchisee shall enter into an executed amendment to the City of Miami Page 93 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 franchise agreement for addition of the requirements of this section. So it's basically saying, "You must accept this the way it is, without any deference, whatsoever, to the haulers"; that's first. Second, what I'm saying is that this piece of legislation purely affects the haulers. The only reason that the broker is involved in this is because in the definition section, they've added "waste broker." So in a way, we've acknowledged that they're existing by identifying what a waste broker is. Now, waste brokers can be a lot more than what's in this definition. It can be narrowly tailored. It can do a lot of things. And so, what I'm saying is that, you know, it's -- this legislation is not about waste brokers. It's not about saving anyone any money. It's about establishing rules against the haulers, and acknowledging then in the definition that a waste broker exists. This legislation does not do anything -- it adds another player, but does not do anything to bring them to the City of Miami to participate in any meaningful way by identifying who they are, by saying, "I am here, this is who my clients are, this is how much I make. " All these things happen under the franchise agreements. But what I'm saying is that this legislation creates two different playing fields for individuals within the industry. In the past, they always existed, waste brokers, but they were never acknowledged. And now that they are being acknowledged, we're not capturing them in the way that we should, is what I'm saying. Ms. Mendez: If I -- Chair Hardemon: You're recognized, and then Madam City Attorney. Vice Chair Russell: I understand what you're saying, and I actually feel the same way, but I'm not understanding what the recommended remedy is for that. Chair Hardemon: Right. So my unreadi -- my recommendation was to bring it with the additional legislation so that we could consider it all at one time; that we can make this thing, so when we create this waste broker system, when we say, "The waste broker is this, " because here, it's saying that they exist; that we create it and we have a mechanism in which we can account for them -- Vice Chair Russell: Right. Chair Hardemon: -- and in which we can have revenue from them. I think by acknowledging them and not accounting for them, we're not doing anything. Vice Chair Russell: We're not really doing anything. It's a -- but is it a positive step that you'd be supportive of with further legislation to clarify it -- Commissioner Reyes: Chair. Vice Chair Russell: -- or are you against this legislation, because it doesn't go far enough? Commissioner Reyes: Mr. Chair? Chair Hardemon: It's one of those things -- it's like the pool. Vice Chair Russell: Yeah. Chair Hardemon: If we're going to put a pool back, fine. If we're not going to put a pool there, it's going to be a splash pond, then it's not fine. And my worry is that this is going to be a splash pond and not a pool. City of Miami Page 94 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: You're doubting on my word, sir, that we are working on it? Are you doubting me? Chair Hardemon: I would never doubt you. I just don't think the legislation goes far enough. Commissioner Reyes: We -- the legislation -- Chair Hardemon: (UNINTELLIGIBLE). Commissioner Reyes: -- what it's doing, sir, is precisely, precisely what we want to end. We want to end un franchised -- non franchised haulers from doing business in the City of Miami, and we -- by them doing that, we are losing revenues. Now, I do agree with you, and that's why we have more legislation that is going to come, and it's going to deal -- I mean directly with the brokers. I agree with you that we have to get from the brokers something. We don't get anything now from the brokers. We're not getting anything from the un franchised haulers. We don't get anything from them, and they are rampant in the City of Miami, and we don't have any, any way of controlling them, knowing who they are, you see; we don't have any way. This -- what this would do is would say, "Okay, this does not preclude the franchisees from doing business directly with other businesses; does not." You see, a franchisee could come to Sedano's and say, "Listen, Sedano, I will haul your trash, your garbage if you pay me something, so much. " Fine. That is not precluded by this. What this precludes is for a person that will come and has different haulers that they could do business with them to come to Sedano and say, "Listen, Sedano, I am going to haul your trash, and I'm going to charge Y amount of money." And that person that would do that business with Sedano will then go and hire or get the services of a hauler that doesn't have a franchise. That's the only thing that precludes. But you -- what you're saying, sir -- and I don't agree with you -- you are claiming that this is against the franchisees. No. The Fran -- the other -- totally, the contrary. The franchisees, they have the right -- I mean, they can do business wherever they want. What we are doing is, those people that they -- their business is to go -- businesses -- and most of them, they go to small businesses; to small businesses and ask them, "How much are you co" -- I mean, "are you charging" -- 'you are paying for getting your trash hauled?" $600 a month. "Okay, I can get it for you for 400. I get it for you for 300, for 400. " And then they have a bunch of customers like that, and then they go out and they hire Manny Prieguez, who doesn't have a franchise, to haul that trash. That's what this is all -- Chair Hardemon: So may I, Commissioner Reyes? Commissioner Reyes: That's it. That's what this is. Chair Hardemon: This is the last thing I'll say about the issue. Commissioner Reyes: Okay. Chair Hardemon: It's very clear from the text of this amendment that every time that it says that, "It shall be unlawful," the next part is, 'for a franchisee"; does not say that, "It shall be unlawful for a waste broker. " Well, let me -- Commissioner Reyes: But that's not what -- Chair Hardemon: -- say this. So that's -- this is about the franchisees in that sense. The franchisees, I would imagine, would lose their franchise if they were giving -- or subcontracting their business to unlicensed franchisees or -- right -- or unlicensed or without franchise agreements businesses. If this was a perfect piece of legislation to City of Miami Page 95 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 do what we're saying about not allowing unlicensed franchisees or unlicensed businesses who do not have franchise agreements to operate within the City, then this legislation would deal simply with that. It does not. It deals with waste brokers by entering them in there. So if I were to amend it, I would strike the "waste broker" definition; strike "waste broker" from the section, and then come back with new legislation concerning waste brokers and their fees, et cetera. However, we've spent enough time on this. We've talked about it enough. You've told me that you're willing to come back with some -- Commissioner Reyes: Oh, yes, sir. Chair Hardemon: --legislation regarding fees. I believe that -- I will probably argue with you that we didn't go far enough in that, because you've given me some indication of where you're going with it, but in that spirit, I will vote with you, because I expect this to come back, because I believe that you're a man of your word with that. Commissioner Reyes: Oh, yes, I am. Chair Hardemon: I think we're still going to have some argument about what it should be, but I think that is meaningful discussion. Commissioner Reyes: Now, then we decide how much it's going to be. Chair Hardemon: I think that's meaningful discussion. Commissioner Reyes: And -- Chair Hardemon: But to end this now, I'll be fine with voting with you on this matter. Commissioner Reyes: Yes, sir. But just for the record, you see, in Section 8, Subsection "I, " it says, "It shall be unlawful for a franchisee to have a business arrangement with another commercial solid waste hauling company, also referred to as a subcontractor, or waste broker, for the services of a commercial property within the City by a solid waste hauling company that does not have a City Commission - awarded franchise. " Chair Hardemon: So I'll tell you this: If the law says it is unlawful for an adult male to have sex with an underage child, the law will charge the adult male; not the underage child. So my point to you is that the law is specific to the person that this is intended to. And here, it is the franchisee. Commissioner Reyes: And we are going to -- Chair Hardemon: Seeing no further unreadiness, all in favor of the motion, say aye. The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Reyes: I promise you I'm going to bring you legislation that you're going to love. Chair Hardemon: Understood. City of Miami Page 96 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 SR.2 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. ENACTMENT NUMBER: 13888 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Chair Hardemon: Can you read the -- SR.2 into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Any discussion about the item? Seeing none, is there a motion on SR.2? Commissioner Diaz de la Portilla: So move. Chair Hardemon: Been properly moved Is there a second? Commissioner Reyes: Second. Chair Hardemon: Properly moved and seconded Any further discussion? Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 97 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 FIR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 7068 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 (BTR);" 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: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes NAYS: Carollo Chair Hardemon: Madam City Attorney, can you please read FR.1 into the record? The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved. Commissioner Carollo: (INAUDIBLE). Ms. Mendez: This one's for food trucks. Chair Hardemon: The Chair will second, but I do have some discussion about the item. You're recognized, Commissioner Carollo, and then Commissioner Reyes. Commissioner Carollo: Here we go again with the food trucks. And my concern with the food trucks is, one, they affect anyone that leases, that rents brick and mortar properties. They don't pay the rents or the taxes that individuals that have brick and mortar places pay. It brings down neighborhoods, because if you fill neighborhoods with food trucks, it's going to affect those establishments. I can tell you that part of the reason that in Little Havana we've had more new restaurants than ever opening up, from the very large to the very small, is that we've done away with the food trucks, and people are going to eat in the business establishments that pay very high rents. I don't know why we need this. We've had laws that are implemented already, and we keep putting more and more and more on food trucks. Chair Hardemon: Commissioner Reyes, I believe you're next. City of Miami Page 98 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Yes, sir. See, one thing that I've seen about this legislation, I do understand that food trucks, they affect -- if we allow them to proliferate, that's -- they will affect the brick and mortar businesses. And I think that we should have some -- I agree with the Commissioner that we should have regulation on it. But by the same token, the -- I remember that sometimes at school, when I was teaching, we used to bring food trucks, and they were parked there, and they were doing business there. And all the kids, they liked it. And every time that we have an event, also, now when I have Jazz in the Park and all of that, there are food trucks that come here. And I wanted to make an exception for government and the Department of Education, you see. Vice Chair Russell: An amendment? Victoria Mendez (City Attorney): For government and educational? Commissioner Reyes: That's right, educa -- for department -- like schools, for example; government, which is us. Now come November, we're going to have Latin Jazz in the Park in Shenandoah, you see. We're going to bring food trucks. I mean, we're going to provide them with everything that is possible for them to have a good time, and amongst those amenities is going to be food trucks that they can buy and all of that. And I think that we should -- we could -- we should be able to bring it in our City. Chair Hardemon: So if I may, when I think about the food trucks, I also couple it with issues that we have with temporary use permits. So the typical site that would have a food truck in my district -- and this includes the wharf -- now there's a space on 7th Avenue and 48th Street. This is also inclusive of Wynwood Yard, you know. These were sites that had no development on them. They were vacant lots. In one case, they were -- it was just a bunch of 16-wheeler trucks -- no, what they call it, 18- wheeler -- yes, 18-wheeler trucks that were parked there, adjacent to someone's home. And the TUPs (temporary use permits), along with the regulations that allow food trucks, activated those spaces. It made them spaces that people wanted to come to. It turned underutilized assets that were paying taxes to the City of Miami to revenue producing assets that the food trucks did pay a rent for, and that gave people an opportunity to come and enjoy themselves, and to create new small businesses through -- via the food trucks, hire employees via the food trucks, and then attract people into a space that they probably would have never come but for the TUP and the food truck combination being there together. The food trucks and I believe the TUPs are not operating on the same playing field as the existing businesses. The existing businesses, say, for instance, if there is a business that is next to a vacant lot that has a food truck on it, that business operates seven days a week, whatever it may be. Like, for instance, in this legislation, the food trucks that are present in the same location, they cannot be in there more than three times per week, and that's important, right? So what it says is that this is not something that is an everyday business, but it creates opportunities maybe for Thursday, Friday, Saturday or Friday, Saturday, Sunday; you know, a place where people can come to. And so, I think that food trucks can be positive for these spaces. Now, I can imagine, you know, a food truck that parks -- if you have a taco food truck that parks in front of a taco business, then there -- that could be problematic, and maybe we should do something about something like that. Maybe we should consider something like that. But the way that I think about this all in relation to the food trucks is that problem that we have where we have an underutilized asset that is causing ills within the community, that doesn't encourage any -- or attract anyone to the space. I think that the Wynwood Yard space, it raised the property value of the properties that are already in the area, and then gave them the revenue in which they could actually build a permanent structure -- or no structures are permanent, but a -- you know -- a City of Miami Page 99 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 brick and mortar structure on that site. So the intent is not for it to always remain that. The issue that I have with this piece of legislation and that I want us to kind of consider here is that this says that -- under Part 7, food truck -- 7, and then I'll go into "B. " "Food trucks that are present in the same location more than three times per week and/or park on the site overnight shall" -- so it goes into food trucks present more than three times a night, but especially, "Have a public restroom available onsite if food or beverages are being served for consumption onsite. " And the issue that I have there, because we're talking about food trucks shall not be able to do this unless there is a public restroom available onsite. So does that put the onus on the food truck provider or on the person that owns the lot where the food truck is supposed to be? And then also -- I mean, the -- is -- I think that's probably the best question. Commissioner Reyes: Chair? Mr. Chair? Ms. Mendez: If we would cite food trucks, we would cite the property. Chair Hardemon: What do you mean? Ms. Mendez: Whatever property they're on, if they're not following whatever the scheme is, we would cite the property. Chair Hardemon: Not the food truck owner? Ms. Mendez: Not the food truck. I know that we're working on with Code Enforcement to give individual citations to -- but we're still working on that -- on those that don't -- Chair Hardemon: Okay. You're recognized. Ms. Mendez: -- aren't attached to property. Commissioner Reyes: Yes. You see, I want to make a -- distinction, no -- I want a clarification here. When we talk about food trucks, are we talking about the truck that -- I mean, that moves from one place to the other, right? Well, how about -- you see, this Monday when we were at the Martin Luther King Parade, after we finished, we went -- I passed by a place, and it was -- smelled so delicious -- of -- but it wasn't a food truck; it was a trailer that were doing ribs, you see. It was a trailer, and they were doing ribs, and it was parked on a parking lot. And we went -- it was at 23rd and 62nd; I mean, delicious. And we went and we had lunch there, you see, and my wife and everybody. Chair Hardemon: That was in the County, right? That's County problems, but go ahead. Commissioner Reyes: No, no, no. But how does -- that trailer is classified? Is that a food truck, or is that trailer different? Madam City Attorney? Victoria, "mi amor. " Okay. Ms. Mendez: I'm sorry. Commissioner Reyes: Is that a food truck that -- a food truck, or it is something else? Because it's a trailer. Ms. Mendez: Right. Commissioner Reyes: It is attached from the automobile -- I mean from the -- City of Miami Page 100 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Ms. Mendez: As we had described it, because our definition of 'food truck" is so expansive, what you described as a trailer serving food would -- Commissioner Reyes: It's a trailer that sells -- Ms. Mendez: -- be a food truck. Commissioner Reyes: -- they cook there, too. Ms. Mendez: Right. But it would be considered a food truck. Commissioner Reyes: It would be considered a food truck? Ms. Mendez: Because we don't have dimensions to our food truck ordinance, we don't have -- but as described, even though it's a big trailer, it would still be considered a food truck. Commissioner Reyes: But, I mean -- Ms. Mendez: I mean, we could legislate it differently in the future if you want to explore it, but right now, as it was described -- Commissioner Reyes: It's a crying shame that -- we put those people to -- making a living and honestly working, and doing what they're -- that specialty, and people will come from all over the place, and maybe they don't have the funds to have a brick and mortar locale, you see. And I think that -- I don't know -- it's -- Ms. Mendez: But right now, they should leave. Commissioner Reyes: -- and I have mixed feelings about, you see. Ms. Mendez: Right. They could come in under this for now. They could -- Commissioner Reyes: I'm just -- Ms. Mendez: -- if they're moveable, they could technically come in under this. Commissioner Reyes: That's right. Chair Hardemon: So I'll explain to you. Like some of -- one of our most notable success stories for food trucks is House of Mac that's been featured on national news programs. House of Mac started with a food truck that broke down all the time as he moved it from space to space. When the Wynwood Yard was created, he parked his space there, and it became the most popular truck there. And since then -- and that's been, I mean, maybe within two years -- he's now included in -- he's opened businesses at the Brightline Station, in Overtown, just near Wynwood,• in North -- is that North Miami? In North Miami, and I think maybe another location. He started, I think, in Miami Beach, as well. So he's done a number of different locations, just starting from the food truck. And so it goes to tell you that a food truck that was not brand new, that was breaking down, went from doing that to having employed all kinds of these businesses, because they started as a food truck. So that's why I'm -- you know -- it's -- food trucks aren't cheap to acquire. However, I've seen some people who were very creative, and as you described, a -- Commissioner Reyes: Trailer. City of Miami Page 101 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- trailer or a grill connected to a flatbed truck, or a truck, or a car is all you need to get started. You know, if you have good food, people will come to you. But, you know, particularly with this legislation, I wanted to just make sure that -- you know, this is about not only those food trucks, but then those food trucks that pull up to those locations with a temporary use permits that are underutilized, and I think that that's what makes this good legislation. We just have to make sure that we keep it all within the rule of the law so that it does not breed the issues between the brick and mortar businesses and the food truck businesses; that's all I'm saying. So I'm in favor of the legislation, especially after it's been confirmed to me that you're not citing the food truck owner, but the owner of the site where the food truck is. Commissioner Reyes: And the only thing that -- I mean, I also -- I will ask for an amendment that leave the government and the school system out. Ms. Mendez: So right now -- Vice Chair Russell: You mean, add them in. Commissioner Reyes: Huh? Vice Chair Russell: Add them in. Ms. Mendez: Right. Commissioner Reyes: Yes. Ms. Mendez: Right now, City property -- the waivers for this is City property and property owned and operated by religious institutions shall not be subject to this section. So City property is what you were worried about. Commissioner Reyes: Okay. That's right. Ms. Mendez: And then we're going to add the educational. Commissioner Reyes: Educational; schools and all that. Okay? Okay. Chair Hardemon: Does the mover agree? Vice Chair Russell: Yes. Chair Hardemon: I agree, as well. Commissioner Carollo: If I may ask for an exemption in District 3? Chair Hardemon: He wants to be exempted -- Commissioner Reyes: An exemption on District 3. Chair Hardemon: -- on District 3. Ms. Mendez: So in this legislation, we still have Sub -Section F3, "Prohibitions. Food truck usage is prohibited in District 3. " Chair Hardemon: Yeah; it's already printed there. Ms. Mendez: Yes, it's therefrom before. City of Miami Page 102 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Yes. And I want to leave it open that any other district that wants to limit them be able to. Chair Hardemon: You can jump in right now if you'd like. Commissioner Reyes: No, no, no. I don't have no problem with it; just in case. Chair Hardemon: Sir? Commissioner Reyes: Just in case. Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye. " Commissioner Reyes: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Nicole N. Ewan (Assistant City Clerk): As amended. Chair Hardemon: As amended, noted, 4-1. Commissioner Carollo: Noted, one "nay." Chair Hardemon: Commissioner Carollo. FR.2 ORDINANCE First Reading 7076 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE and Mayor CITY OF MIAMI, FLORIDA, AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO CLARIFY HOW ITEMS ARE CONTINUED; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, you want to read into the record FR.2? Victoria Mendez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This item, what this does is, if ever there's an item that's left on an agenda that is not deferred or continued, but it's untouched, instead of it going to the next like meeting, which would be a month from now, based on our old Code sections City of Miami Page 103 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 -- remember, we used to have the regular meetings and the PZ (Planning and Zoning) meetings -- now they would just roll over to the next meeting. Chair Hardemon: The Chair would like to entertain a motion to approve it. Vice Chair Russell: I'll move it. Chair Hardemon: Been properly moved; seconded by the Chair. Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF FIRST READING ORDINANCES City of Miami Page 104 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 BC - BOARDS AND COMMITTEES BCA RESOLUTION 7074 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: Adam Old (Real Estate Development) Nathaniel Robinson (Real Estate Development) Melissa Tapanes-Llahues (Elector) Vicky Leiva (Land Use Law and/or Real Estate Development Law) ENACTMENT NUMBER: R-20-0027 NOMINATED BY: Commissioner Ken Russell Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Manolo Reyes MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: BC.1. Commissioner Reyes: BC.1. Nicole N. Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. BC1, The Miami 21 Report Ad Hoc Task Force: Vice Chair Russell will be appointing Adam Old and Nathaniel Robinson to the Real Estate Development category, and Commissioner Reyes will be appointing Melissa Tapanes-Llahues and Vicky Leiva to the Land Use and/or Real Estate Development Law category. Chair Hardemon: Is there a motion to approve the appointments? Commissioner Reyes: Move it. Vice Chair Russell: So moved. Chair Hardemon: Been properly moved by the Vice Chairman; seconded by Commissioner Reyes. Any discussion? Victoria Mendez (City Attorney): Commissioner Reyes, a suggestion: Could Ms. Tapanes be in the elector portion since she lives in the City? City of Miami Page 105 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: She is both. Well, okay, let's place her on the elector. Ms. Mendez: Right; so that it could give a little more flexibility to your colleagues. Commissioner Reyes: That's right; to the rest of the people. Ms. Mendez: Thank you. Chair Hardemon: As noted, seeing no objection from the mover and the seconder. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF BOARDS AND COMMITTEES City of Miami Page 106 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 BU - BUDGET BIJA DISCUSSION ITEM 6738 MONTHLY REPORT Office of I SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair Hardemon: BU.1. Commissioner Carollo: B.1 [sic]. Christopher Rose (Director): Good evening, Commissioners. Chris Rose, Office of Management and Budget. We're going to be sending out a memo tomorrow morning that captures everything I'm going to say today, and a little more. This month, we're not going to be attaching the detailed reports to the back of it, but next month will be the first month with a full-blown projection going forward. We are currently projecting a net year-end surplus of $16.1 million. That is basically the reserves that we already had in the budget. So, as you all know, you don't spend reserves; you, in fact, reserve them. So we have those -- part of it -- Commissioner Carollo: Excuse me, excuse me, excuse me. Can you repeat that again, Chris? Mr. Rose: Yes, sir. Commissioner Carollo: The reserves. Mr. Rose: Yes, sir. Commissioner Reyes: You shouldn't, you shouldn't -- Mr. Rose: You don't spend reserves. Commissioner Carollo: You don't spend reserves. What do you do with them? Mr. Rose: You reserve them. Commissioner Carollo: You sure? Mr. Rose: Yes, sir. Commissioner Carollo: Then why is the Manager spending his reserves in the budget, like he's been doing? Mr. Rose: That is intentionally put there. It's $125, 000. City of Miami Page 107 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Yeah, but it's reserve, right? Mr. Rose: It is -- Commissioner Carollo: And it's listed as reserve. Mr. Rose: Yes, sir. Commissioner Carollo: Okay. Well, I -- Mr. Rose: In case of emergency; yes, sir. Commissioner Carollo: Okay. So is -- and you said reserve is what again? Mr. Rose: Reserves are reserved; yes, sir. Commissioner Carollo: No, no, now you change it -- Mr. Rose: Oh. Commissioner Carollo: -- because I brought up the Manager. Mr. Rose: "You don't spend reserves "; is that what you would like me to say, sir? Commissioner Carollo: Exactly, what you said. Mr. Rose: Yes; yes, sir. Commissioner Carollo: You don't spend reserves. Mr. Rose: There's some reserves that are required by our Financial Integrity Principles. Commissioner Carollo: We all know that. We all know that. But you made it clear what reserves are for, and this is -- you've made my point again. I know you're a good company man, and I'm sure that when the king is dead, the next king you'll act the same way. But I just wanted to get it on the record. Mr. Rose: Through the Chair? Commissioner Carollo: I hope that any aspiring City Manager that's here heard that loud and clear. Mr. Rose: So, through the Chair, as I was saying, the projections are in line with what we would expect so far this year; meaning the amount that we are expecting as a surplus is roughly the amount of the reserves that we set aside. Overall revenues year to date were 401 million. They're a bit higher than over the same period last year. They do represent just about half- 49.6 percent of what we would expect in the budget, and that is as expected, because property taxes come in early in the year. Overall expenditures year to date, 325 million. We're a bit higher than last year, mainly because we did a transfer in the first quarter this year that we did in the second quarter last year. That represents 40.3 percent of general fund budgeted expenditures spent this year. There area number of items that I brought before you in past meetings that will be delineated in the memo that you will see that we are expecting to bring before you at the midyear budget amendment in April. In particular, we're watching recycling services in the Solid Waste Department. The City of Miami Page 108 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 cost of those services have gone up over the last few months, and it's something that we're going to keep an eye on, and be reporting back to the City Commission on. As well, the Super Bowl in -kind services estimate is currently 3.031; $3,031,000. That's an estimate, but it is higher than what's budgeted by $31,000. So we're roughly in line, but we may have to come back with a budget amendment. We've already started the development of next year's budget, and I'll be happy to take any questions you have. Commissioner Carollo: Yes. How are we doing -- If I may, Chair? Chair Hardemon: You're recognized. Commissioner Carollo: How are we doing in the Police budget so far and the Fire Department's budget so far? Those are the two biggest departments that we have. Mr. Rose: They are the two largest departments, Commissioner. I do apologize. I don't have that information in front of me, but I'd be happy to send it to you; to all Commissioners. Commissioner Carollo: I would appreciate if you would. Mr. Rose: Yes, sir. Chair Hardemon: Thank you very much, sir. END OF BUDGET City of Miami Page 109 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 7080 A DISCUSSION ON THE OUTSIDE EMPLOYMENT OF THE Commissioners MAYOR. and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla Note for the Record. Item DI.] was deferred to the February 13, 2020, City Commission Meeting. For minutes referencing Item DLl, please see Items RE.6 and NA.6. END OF DISCUSSION ITEMS City of Miami Page 110 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ ORDER OF THE DAY Chair Hardemon: Mr. Clerk, you want to swear in the individuals for the public comment for the P&Z (Planning and Zoning) items? Todd B. Hannon (City Clerk): If anyone is here this afternoon to speak on any of the Planning and Zoning items, any of the Planning and Zoning items for today's agenda, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair Hardemon: ThankYou. PUBLIC COMMENT PERIOD OF PLANNING AND ZONING ITEMS Chair Hardemon: At this time, I will open the floor for public comment on the P&Z (Planning and Zoning) items. So if you're a member of the public and you want to speak during public comment on the P&Z items, this is your opportunity to be heard. Please approach one or the other lectern to my left or to my right. Please state your first name, your last name; you may state your address and which item you're here to speak about. So once again, if you're here for public comment, state your first name, your last name; you may state your address, what item it is that you're speaking of. You're recognized. Iris Escarra: Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm here on behalf of PZ.11. It's a City application but it's impacting my client's property and I just want to say I'm here in support of PZ.11. Chair Hardemon: Thank you. Andrew Dickman: Mr. Chair, Andrew Dickman, Dickman Law Firm, Naples, Florida. I'm here representing the Miami River Marine Group and Antillean Shipping. We're asking to have interested party status. We were here at the first reading and had that. I just want to make that clear. I provided a case to the City Attorney and it says we have standing, so thank you. Chair Hardemon: What item number is that? Mr. Dickman: PZ.11, sorry. Chair Hardemon: IL Victoria Mendez (City Attorney): He wants intervener status. Chair Hardemon: Intervener status. Mr. Dickman: Intervener. Chair Hardemon: Got it. Mr. Dickman: Interested intervener status. City of Miami Page 111 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Ms. Escarra: And I, as the property owner, object. Chair Hardemon: I can imagine. Is there anyone else from the public that'd like to speak on any of the items? Robert Fernandez: Good afternoon, Mr. Chairman and Vice Chairman. Robert Fernandez, from RHFLaw Firm, LLC (Limited Liability Company), 2600 South Douglas Road, Coral Gables, Florida. Mr. Chairman, I'm here on PZ.13, 14 and 15. And I know you guys had discussed having a discussion on that. I just want to let you know that I'm here to talk about that at that time. I'm hopeful when a discussion is available, so I'm just letting you know that we're here. I'm here on behalf of Becker Boards Miami, LLC. Chair Hardemon: Thank you very much. Vice Chair Russell: Thank you. Mr. Fernandez: Thank you. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. I'm here with a very brief mention on PZItems 4 and S, which were continued, but they're so egregious I want to take just a quick moment to say that is the up -zoning of some properties on Northeast 38th Street, east of Biscayne, to refresh your recollection. That is essentially the off ramp of the Julia Tuttle Causeway, Interstate 195, and tray5ric there is horrendous. It gets backed up just as much as the Grove on Tigertail. So I would -- and the Planning Department recommended denial on those. So when that comes up, I hope you'll keep that in mind and not approve that. Thank you. Chair Hardemon: Thank you, sir. Is there anyone else? Seeing no other person here for public comment, I'll close the public comment section at this time. PART B: PZ - PLANNING AND ZONING ITEM(S) City of Miami Page 112 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.1 ORDINANCE First Reading 5898 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING "T5-0," CLASSIFICATION FROM URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 1628, 1632, AND 1642 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Deny RESULT: DENIAL PASSED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Chair Hardemon: Can we read PZ.1 into the record? Commissioner Diaz de la Portilla: PZ.1. Victoria Mendez (City Attorney): PZ. L The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. Is there a motion on PZ.1, please? Commissioner Carollo: Is there a motion? There's -- well, hold on. We haven't even heard them. I -- this is my district. The first thing that I would like is to hear from the Planning Director on his recommendation, and why. Vice Chair Russell: You're recognized, Mr. Garcia. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.1 is before you as a first reading item, and this item affects three properties; 1628, 1632, and 1642 Southwest 7th Street. I will say briefly that our recommendation is denial. I will say briefly that the recommendation at the Planning, Zoning and Appeals Board was for approval. There is, of course, of record, a covenant proffered by the applicant, which our recommendation is you would do well to consider. Let me say briefly this, and I'm happy to answer questions further: The recommendation for denial stems from the fact that although along the Southwest 7th Street Corridor, there is precedent for the zoning that is being sought, T6-8-0, the nearest precedent for it, the nearestproperty that is zoned T6-8-0 is about 4,500 feet away to the east. T6-8- 0 is a more prevalent zoning designation along the Southwest 7th Street Corridor further east; much less so further west. So this property, if rezoned to T6-8-0 would be a novelty in the area. There is T6-8-0 abutting it immediately to the south, along 8th Street, the Southwest 8th Street Corridor, but not on 7th Street anywhere close. Along 7th Street, what there is much closer, immediately to the west, within 500 feet is T4, which is a lower zoning designation. That said, the character of Southwest 7th Street is increasingly becoming mixed use; certainly, the traffic pressure is heavy. And what I would like to impress upon you is that we would welcome the opportunity City of Miami Page 113 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 to conduct a study of the entire Southwest 7th Street and Southwest 8th Street one- way pair corridor to really address the presently uneven and somewhat checkered zoning there is. We don't have any strong objection to the request before you today. We think the covenant that's being proffered, which limits the height, goes a long way towards addressing many of the issues that we had originally, because the by - right height would have been 12 stories in an area that is prevalently three, four stories, maybe sometimes five, so the covenant goes a long way. But if this Commission were to consider favorably the rezoning on first reading, which is before you today on first reading, we would also very much appreciate direction to study the corridor and try to harmonize it further. Commissioner Carollo: Okay. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Would you like for me to give my perspective as Commissioner of the district, or would you like to go first, and then for me to speak? Whatever you prefer, ma'am. Ines Marrero-Priegues: Commissioner, it's -- you're up there. You have the word. Commissioner Carollo: All right. Then I'll go first. Ms. Marrero-Priegues: If I may at least introduce myself for the record, my name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue, with the law firm of Holland and Knight. I am here representing the applicant on these three properties on the north side -- on the south side of Southwest 7th, between 16th Avenue and 17th Avenue, Commissioner. Commissioner Carollo: Before I proceed, by Jennings, let me state on the record that I have met with the applicant, the owner -- or one of the owners of the property, together with Ms. Marrero. Vice Chair Russell: Commissioner, is your mike on? Commissioner Carollo: It is, yes. Vice Chair Russell: I'm sorry; I'm just having trouble hearing you. Commissioner Carollo: Yeah. Well, I guess we're having to get real close now to be heard. But were you able to get that in the record, Mr. Clerk; my Jennings disclosure? Todd B. Hannon (City Clerk): Yes, sir. Commissioner Carollo: Okay. Thank you. Here is the dilemma that I have with this request: This area, I believe you're correct, needs a thorough study done. In fact, from 4th Avenue all the way down to 27th, I think we need to do a study, because each five blocks is a little different from the next. If we do this, it's going to be half baked, and what we will be creating will be spot zoning. Now, by creating that spot zoning, it concerns me greatly, and I'm going to tell you all why, because it is going to cost the City of Miami in the near future. We've been looking to acquire different properties in the area, because we truly want to make that into a tourist hub between 17th Avenue and 12th Avenue, where it would be a real Little Havana for tourists to come; duplicate many of the old colonial buildings that are in Havana. The difference will be they will be painted and they won't befalling apart. But we do the spot zoning, that means that other properties in the area, if we try to buy them, are City of Miami Page 114 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 going to go sky high on us, and it's going to hurt that goal that is going to benefit the City tremendously in tens of millions of dollars in the future of tourists coming there, spending money, and I think it would help growth much more in the right way. It will really harm that. I already know for a fact that one major property that we were looking at, they're already talking, saying, "No, no, no." They want twice as much as the property is worth, because they're claiming that they're going to be rezoned soon; therefore, they're going to have the same right. I will tell you that last year, we bought a parcel that's 25,000 square feet just a few blocks from them, and we bought it at approximately $90 a square foot. That's no longer going to be the case. So I will be voting against it for those reasons. I don't think that this zoning is appropriate now. At this point in time, it would be spot zoning. And furthermore, we will be shooting ourselves in the foot, and probably even kill any possibilities of going forward, because the prices are going to go sky high on us. Vice Chair Russell: Is that a motion to deny? Commissioner Carollo: That is a motion to deny. Vice Chair Russell: There is a motion. Is there a second? Commissioner Reyes: Yeah, I second. Vice Chair Russell: Seconded by Commissioner Reyes. Maybe you should have presented first. Commissioner Reyes: Can I --? Ms. Marrero-Priegues: Well we had -- respectfully, we had the opportunity to sit down with the Commissioner, walk him through our application, and the reasoning for it. And we had a recommendation of denial from staff when we appeared before the Planning and Zoning Board, which the Commissioner of the district is aware of, and they voted unanimously in support, with two conditions -- well, one condition. The condition was that we would not request -- we would not avail ourselves of bonuses to get extra height. But I also represent another property owner a little west of here, who was rezoning his property, also on the north side of 7th Street, and the Planning and Zoning Board also recommended approval of that rezoning, and this Commission approved that rezoning, because there is a recognition that 7th Street is a transit corridor, that it is right -- that there's appropriate buffers on the south side of 7th Street, which is the north side of 8th Street, and then nothing is happening, because without increased density, there's no incentive for the property owners to redevelop with projects that will bring in the next level of the necessary housing that we need in this area. And without the zoning, then my client will probably just maintain the site the way it is with his units. But some of the property owners may decide that they will do what the Code allows by right, which could very well be -- you know -- check -cashing stores, dollar stores, things -- other permitted commercial uses that do not really make that corridor flourish, and do not provide the necessary housing that we need for a community that's very pedestrian -driven, that needs mixed -use developments, with shops and housing. But it's the will of the Commission, it's the will of the Commission of the district, and -- you know -- I think that the application has a lot of merit, and we waited a long time to present, and -- Vice Chair Russell: Thank you. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Question: Did you -- the self-imposed restriction on the height bonuses, did you offer that in a covenant? City of Miami Page 115 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Ms. Marrero-Priegues: Yes, sir. Vice Chair Russell: You did. Because I'd heard that that was not offered. Ms. Marrero-Priegues: We -- yes. We offered a covenant limiting the height to eight stories, and not availing ourselves to bonuses for height, and also proffering that the design of the building would be Cuban Havana -- I mean -- I'm sorry -- Old Havana style, which is a neo-classical -- neo-baroque style. Vice Chair Russell: Thank you. Mr. -- Commissioner Reyes. Commissioner Reyes: Mr. Chair. And I'm going to ask Francisco. Francisco, how long ago have we been talking about making a special zoning for 7th Street and 8th Street that it will -- I mean, it will keep the Latin flavor or enhance the Latin flavor of the area? And I do agree with Commissioner Carollo that what we have to do is we have to create a zoning change that is comprehensive, you see, and create the conditions that anybody that comes there knows what they -- if they want to build there, they have to accept the conditions that it have to be in this way. And not only 7th Street, because we have spoken about 8th Street, also. Commissioner Carollo: Of course. Commissioner Reyes: Or 8th Street also, and at least -- Commissioner Carollo: In particular. Commissioner Reyes: -- I'm requesting that we start working on that. I mean, get going on that project and try -- I mean, bring us some suggestions on height, and also on limitations of -- on the architecture, how it's going to look, et cetera, et cetera. And I think that it is necessary. We cannot -- I personally wouldn't want to start spot zoning now. Instead, I -- what I want to do is a comprehensive plan that will maintain the Latin flavor of that area. Commissioner Carollo: What I'd like to say on the record, Mrs. Marrero has always behaved herself in the most professional manner. Ms. Marrero-Priegues: Thank you. Commissioner Carollo: And I want to be very clear on that. I -- you know, you're a role model for me on what zoning attorneys should act like. So my position is based on what I feel, not on who is before me. The applicant -- Ms. Marrero-Priegues: Appreciate it. Commissioner Carollo: -- seems to be a real gentleman, and -- you know -- very straightforward in how he spoke to me. You mentioned another site that we had further down. That one was really on 8th Street, and that was about a year and a half ago or so. There was a difference there, big difference. And as I stated, each five blocks there are very different from each other; that's why we need a very comprehensive study that would be a guideline for us as to what we want to do into the future, taking into account that each five -block sectors differ, the flavor. I mean, this one here is the most touristic one of them all, between 17th and 12th Avenue. And so, I think we need that before we let the cat out of the bag in any up -zoning that we give people in this area. And particularly in this area -- you know -- we might want to expand it beyond this; don't know if Commissioner Reyes wants to bring it into his district across 27th. We want to give it a flavor, a real flavor of what Little City of Miami Page 116 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Havana is. I've looked at some places that we have along 8th Street that have the tile roofs. Well, this is what was being pushed on people, "You got to put tile roof. This is Little Havana." Tile roof is not from Cuba, it's not from Havana. The tile roof was what the Spaniards left in Central America and a few other places in South America, but mainly Central America. That's not Little Havana. Havana was built different by the Spaniards. Those engineers, boy, they built buildings that would last; that's why, with all the hurricanes that you've seen, those buildings have lasted so many years. Now that some of them are falling apart, it's because it's a total lack of maintenance, because of the regime that we have there. They're bloodsuckers. If they don't steal from someone, then they can't advance. So these are my main reasons why I want to put a stop in it now until we see what is the appropriate height and many other things that we need to include, and particularly the architectural that we want to use. Ms. Marrero-Priegues: Our only hope is that the study takes place quickly enough so that we can take advantage of that and we can participate with the staff, because this application was filed a while back, and -- you know -- we've been waiting for the decision, and we do know -- well, I know, based on my experience, that the studies and whatnot take a long time. And there are a lot of studies that the City has conducted in support of providing the appropriate location for increased densities to provide for affordable housing that when I read them, to me, they supported this application. So there shouldn't be a lot to be studied to support the increase in the density. If there is a study for the architectural style and for the manner in which these projects go -- come before you, I think that all the property owners would agree. But I think we need something to give 7th Street a shot in the arm and to manage the growth, so. Vice Chair Russell: Thank you very much. Commissioner Reyes: And I might add -- Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: -- that it -- that's going to be fast, and that's what I'm requesting from our Planning Director that -- because this has been a request that we had made. I personally -- I know Commissioner Carollo had made it since -- I mean, I've been here for two years, and since day one, I've been doing it. I mean, I've been asking for that -- I mean proposal, too, that we change the zoning on 7th Street and 8th Street to really make it unique. Make it unique. Vice Chair Russell: Thank you. There's been a motion and a second to deny PZ.1. Is there any further discussion? Hearing none, all in favor of denying the application, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Ms. Marrero-Priegues: Thank you all. Vice Chair Russell: Thank you. Mr. Garcia: And sir, if I may put briefly into the record, because Commissioner Reyes is certainly correct that this has been mentioned previously. I would very much appreciate a directive from the Commission that perhaps defines, also, the parameters of the study. Am I correct in hearing that the desired area is the 7th City of Miami Page 117 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Street and 8th Street one-way pair, from approximately 4th Avenue Southwest to approximately 27th Avenue Southwest, or beyond? Commissioner Reyes: You want it in writing? Mr. Garcia: No, no, sir. For you to say it is a directive is fair enough for me. Commissioner Reyes: Okay. I would say from 4th Avenue, or from 12th Avenue up to 27th, or -- Commissioner Carollo: Well, do you want it into your district? Commissioner Reyes: Of course. Commissioner Carollo: And how far do you want it into your district? Commissioner Reyes: Of course, of course I would like in 8th Street to go all the way to -- I would say 37th Avenue. Commissioner Carollo: Okay. So it will be from 37th Avenue to 4th Avenue. Commissioner Reyes: To 4th Avenue, okay. Mr. Garcia: Very well, sir. Commissioner Carollo: Before we get into what is truly Brickell West, across the other side of the expressway. Commissioner Reyes: Yeah. Mr. Garcia: I do want to make it clear, though, that the 7th Street Corridor, once we go past 27th, as you well know, becomes a lower density area -- Commissioner Reyes: Yes, yes. Mr. Garcia: -- so it would be only for the 8th Street side. Commissioner Reyes: Yes, sir. Yes. That is something that I am very concerned, because I don't want to extend -- I mean 7th Street all the way that it get into what are there, single-family homes there. So I strongly recommend that it will be only until 27th Avenue. Commissioner Carollo: Yeah. Commissioner Reyes: From 27th Avenue on, we have to leave it the way it is, because we will be -- Commissioner Carollo: Yeah. Commissioner Reyes: -- destroying a neighborhood, yeah, and we don't want to do. Commissioner Carollo: If you could, Francisco, meet with Commissioner Reyes separately, with me separately -- Mr. Garcia: Sure. City of Miami Page 118 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: -- since we're the two Commissioners whose district will be affected, so we could discuss further our ideas and how we'll break up different segments, and see what you think of it and get your feedback. Mr. Garcia: Ilookforward to doing it, sir. Thankyou. Commissioner Carollo: Thankyou; appreciate it. Commissioner Reyes: That's right. PZ.2 ORDINANCE First Reading 6760 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.2 was continued to the February 27, 2020, City Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day. " Citv ofMiami Page 119 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.3 ORDINANCE First Reading 6761 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE "73-0," ZONING CLASSIFICATION FROM SUB -URBAN TRANSECT ZONE -OPEN, TO "74-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION FROM "73-0," SUB -URBAN TRANSECT ZONE -OPEN, TO "74-0," GENERAL URBAN TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.3 was continued to the February 27, 2020, City Commission Meeting. For minutes referencing Item PZ.3, please see "Order of the Day. " Citv ofMiami Page 120 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZA ORDINANCE First Reading 4541 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item PZ.4, please see "Order of the Day" and "Public Comment Period of Planning and Zoning Items. " PZ.5 ORDINANCE First Reading 4545 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning CLASSIFICATION FROM 75-R," URBAN CENTER -RESTRICTED, TO 76-8-0," URBAN CORE —OPEN, FOR APPROXIMATELY 1.389 ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; APPROVING AND ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item PZ.5, please see "Order of the Day" and "Public Comment Period of Planning and Zoning Items. " Citv ofMiami Page 121 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.6 ORDINANCE Second Reading 6531 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL- SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.6, please see "Order of the Day. " Commissioner Carollo: Chairman, can we have public discussion on any other item on --? Chair Hardemon: We also -- we still have up for question Item PZ 6 and 7, as far as the order of the day. We took it out of the original motion. There was some disagreement as to whether or not it was to be included. So Item PZ.7, is there -- you know, do we want to hear it or are we going to continue it or --? Commissioner Carollo: I thought it was included Chair Hardemon: When it came up to be read into the record, someone said that it was not to be included. So is there a motion to indefinitely defer PZ 6 and 7? Commissioner Diaz de la Portilla: Let's -- I move that we go ahead and defer it and we just deal with it -- Commissioner Carollo: Second. Commissioner Diaz de la Portilla: -- another day. Yeah, as moved to -- Commissioner Reyes: And — Commissioner Diaz de la Portilla: I move to defer. Commissioner Reyes: -- ifI may? Vice Chair Russell: Second. Commissioner Reyes: By the time that we bring it back again, I want the City Attorney to research any potential liabilities, okay? City of Miami Page 122 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: So it's been properly moved to indefinitely defer Item PZ. 6 and 7. The mover is Commissioner Diaz de la Portilla. The seconder will be the Chair. Is there any discussion about the deferral? Seeing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. PZ.7 ORDINANCE Second Reading 6532 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "76-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item PZ.7, please see "Order of the Day" and Item PZ.6. PZ.8 RESOLUTION 6862 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), GRANTING/DENYING THE APPEAL FILED BY Planning JOEY CANCEL AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO SECTION 23- 6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO A NON- CONTRIBUTING PROPERTY LOCATED AT APPROXIMATELY 6789 BISCAYNE BOULEVARD, MIAMI, FLORIDA WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT WITH FOLIO NUMBER 0132180090010. ENACTMENT NUMBER: R-20-0017 Citv ofMiami Page 123 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Note for the Record: For additional minutes referencing Item PZ.8, please see Item CA. S and "Public Comment Period for Regular Item(s). " Chair Hardemon: Okay. I'd like to call Item PZ.8. This is the HEP (Historic and Environmental Preservation) Board decision appeal, 6789 Biscayne Boulevard. Now this one is in my district. We've had significant meetings about this issue and significant public hearings, etcetera. Commissioner Carollo: This is what item again? Commissioner Reyes: La Placita. Commissioner Carollo: We'll be here for a while. Chair Hardemon: Well, I mean, we've had -- you want to say something, sir? Mark Ingraham: Yeah; just here for public comment on 8, MiMo (Miami Modern) Biscayne. Chair Hardemon: Public comment has concluded. Mr. Ingraham: MiMo Biscayne for Placita. Chair Hardemon: I was saying public comment has concluded. Can you tell me exactly who you are? Mr. Ingraham: Oh, yeah, sure. I'm with MiMo Biscayne Association. Our president is also here. I just wanted an opportunity, also. I'm counsel for the MiMo Biscayne Association. I just wanted to make a two -minute comment. Chair Hardemon: Well, we've had public comment already, so I wasn't anticipating opening up for public comment. In fact, what I wanted to do was -- This is a resolution, right? I would request that the Commission propose a motion to deny the application, to deny the appeal. That's my request for a motion. Victoria Mendez (City Attorney): Chairman? Commissioner Carollo: This is your district; correct, Commissioner? Chair Hardemon: Correct. Commissioner Carollo: Okay. There's a motion. Ms. Mendez: Are you basing this on all the testimony and everything that was heard Chair Hardemon: That we had the previous meeting's -- Ms. Mendez: --previous? Okay. City of Miami Page 124 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- that's what I was saying. Commissioner Reyes: If I recall, last time that these people were here, you promised them that, well, you were going to give them a grant. Chair Hardemon: No. I did. I made a promise to -- well, no. Let's reframe that. What I told them was that I would give them the money to put the lighting up. He was not -- it showed clearly from him not responding to me at the time when I offered it to him that he was not concerned with the money to put it up, because that was presented as one of the main issues of the thing. So when I presented it to him, he was unresponsive. He continued on with further arguments about some other things for quite some time. Eventually, then once things became rather frustrating on the dais, what he said in gest was something to the effect of -- basically, he didn't take me seriously. That's -- you know. Commissioner Reyes: He thought you were joking. Chair Hardemon: Right, which everyone knows that I was not joking. I made a firm offer, it was very plain; it was meaningful, the compromise for the people who live in that community, and the appellant. And so, he didn't accept it at the time. That offer expired. Obviously, that's a great deal of money, like he said. I think what he said was that, "You could take that money and put it into a closed business, and help open them up." That's -- he gave me advice, basically, with what to do with my money when I offered it to him to help his business. It was quite a thing to say to someone who was offering the olive branch in order to keep such a mural on a wall. And so, you know, that is what it is when it came to that. Additionally, when you look at the Historic and Environmental Preservation Board, the same sort of -- and they denied this appeal, 8-0, when we sent it back to them. I was present at the time that they actually made their application known, and the party asked for them to deny it. He asked for them to deny it so that he could appeal to this board, clearly, and from my perspective, so that he can get his way. But the same level of dismissiveness that he had when he spoke to the PZAB (Planning, Zoning and Appeals Board) that give a lot of their time for free to work for us here in the City of Miami I feel like he showed to us. He certainly showed it to me, because I made a plain offer to him to settle this matter. So at this time, I would just like to uphold the law in that district, which is the -- murals are not allowed in that space, and I request that someone from this body make a motion that I can second to deny this appeal. Commissioner Carollo: Well, I thought you were making the motion. Chair Hardemon: I can't make the motion as Chairman. Commissioner Carollo: Well, you give me the gavel. Commissioner Reyes: He's dying to get the gavel. Chair Hardemon: You may do some things. Commissioner Carollo: Listen, you haven't wanted to name me Vice Chairman; I mean, not even secretary, treasurer, nothing. Now you don't want to give me the gavel. I'm going to take itpersonal. Chair Hardemon: Yeah, but you with a gavel in your hands -- you know, I don't know -- Commissioner Carollo: You know I don't need no gavel for that. City of Miami Page 125 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: But you would like for me to pass the gavel to the motion, and I will, but I will request someone do it. Commissioner Carollo: I think as Chairman -- let me retract that. As the Commissioner of the area, you should make the motion. I also would request of you once you make the motion to see if the other two Commissioners come back. I'm a little concerned with these two guys. They disappeared. Chair Hardemon: I'm not. Commissioner Carollo: And after the discussion here, I want to make sure they're okay. Commissioner Reyes: Oh, okay, you see. And Commissioner, I'm not -- Chair Hardemon: So I'm passing the gavel. Commissioner Reyes: Oh, you're passing the gavel. Chair Hardemon: And I'm making the motion to deny the appeal. Commissioner Carollo: How do you do it? Chair Hardemon: You use your right hand with me. Commissioner Carollo: Yeah, I know. Chair Hardemon: But you just acknowledge the motion. Commissioner Carollo: I thought that would please some of my other colleagues if I used the left hand. All right. There's a motion. Commissioner Reyes: There's a motion. There's a second. Commissioner Carollo: There's a second. Joey Cancel: So this is a motion without hearing the applicant after moving this topic from January to --from December to January. Commissioner Carollo: There is -- Mr. Cancel: I think it's a lack of due process. Commissioner Carollo: -- no. Please, you're out of order. We're discussing this now. If the Chairman wants to give you an opportunity to further discuss this, he can, and I'm sure he will. Now, there's a motion. Is there a second? Okay. There's a motion. Is there a second? Okay. Well, I'm going to second it -- well, I can't second it. Let me -- Todd B. Hannon (City Clerk): You can, sir. Commissioner Carollo: No. Well, I'm being the Chairman. Chair Hardemon: But you could second as Chairman. City of Miami Page 126 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Okay. Well, I'll second it for the purpose of discussion. So we're in discussion now. Chair Hardemon: So in reference to discussion, I think it's been clear that the appellant has been -- to me, from the findings of the facts that I saw when he applied himself to this body, and looking at all the different things that happened in reference to some of the testimony that's been made here is that I have come to believe that he hasn't been forthcoming with us. He hasn't been honest with us about his -- when he initially was doing what he was doing. I think in the first time that we had this thing presented to us, I was one of those individuals that was on this board that said, "You know what? I can understand why he may feel that way. " I was leaning towards his side in that first hearing when he presented himself, because, you know, maybe someone who doesn't know could possibly think that this allowed them to do a certain thing. But then at the next hearing, and as more facts came out, and as the way he presented his facts, it just led me to believe that he wasn't -- that he understood exactly what he was doing; that he knew that he was gaming the system; that it was with a complete disregard for the rules and regulations of that area in our community. We -- to preserve historic areas, we've put together a certain degree of rules, and everyone typically abides by them. Certainly, there have been other considerations that this body has an opportunity to talk about and for reasons, we agree with those considerations here. You know, all the attempts that I know that I made after a lengthy hearing the last time to bring this to an end in a way that was amicable for both the neighbors and this organization where they could receive a grant were simply just disregarded. They were disregarded, and then belittled, if you will. The one thing that he said that I would agree with is, certainly, I can put monies for economic development and for Community Development Block Grants into other spaces. That was his recommendation to me, and I'm going to take that recommendation. But other than that, I'm going to do exactly what he requested that the PZAB do, which was deny his application, and that's what I would like to do here. Commissioner Carollo: Okay. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Well -- Commissioner Carollo: Go ahead. Chair Hardemon: I made the motion so you keep it. Vice Chair Russell: Mr. Chair? Mr. Chair? Commissioner Carollo: Go ahead, go ahead. Vice Chair Russell: Thank you. I agree with you. I agree with you, Chairman, about the way this decision has been treated. However, we are hearing this de novo; meaning we can do whatever we want at this point. Last time, we remanded it to the HEP Board with options, and it got played, and they didn't want the options, so the HEP Board just said, "no, " and now it's being appealed up here, fresh. But if a "no" vote results in having just to paint the building back white again -- I mean, not a "no" vote, but a denial of the appeal -- I believe we could give them the option that we were hoping HEP Board was going to give them so that if they deny it, that's of their own volition. We say there's a neon option which allows you to preserve the art that you want to put on the building that has the pride that you want to instill on the building and give the message you want, and that option will remain. If you choose not to take it, that's on you. But this board is not saying we have anything against City of Miami Page 127 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 the flag, we have anything against art. We're simply going by the procedural decision of the HEP Board and -- but we can make the new one here that offers you that out. But I do agree with Commissioner Hardemon to deny the appeal to allow the art as it is, because it is in violation, and it's very clear by the HEP Board. So that would be my amendment, just for your consideration, because I think there was - -pretty universal buy -in for the neon option. They simply, one, didn't want to pay for it; or two, thought they could just get the votes for the painted version as it is. And so, I don't want to get accused after this vote of saying that we have an anti -Puerto Rican sentiment, for example, because we don't. And I really -- especially with everything Puerto Rico's gone through -- I don't want to be responsible for erasing a very large and proud flag off of a building. But to give them an option I think is a potential out. That would just be my recommendation. Chair Hardemon: So I will say to you, I would be willing to accept that option, because by no means do I want to hurt a business. I gave them a option in earnest the last time, and I -- the reason I sent it back to HEP Board was for the board that does so much with historic preservation, that they consider so many different items, for them to at least see what was being proposed, so they can have some input, and really give some professional advice, because we have professionals on that board. And I was just disheartened that they weren't even allowed to deliberate on it. Vice Chair Russell: Yeah. Chair Hardemon: Right? But I think you're right. I think that, you know, we do have an option of considering it de novo despite their actions when they were at the PZAB, and if they were willing to do the sign in neon, I would be willing to reconsider what my motion is and how it is. And I know that I'm saying this, and I want to -- Mr. Chairman, I want to -- because I'm saying this, I want to -- I'm sure they're going to have an option to kind of speak to it, because we're going to be asking them a question about what they want to do. But then, also, I want to make sure that I hear from the Biscayne Association to kind of give their two cents on the issue. Vice Chair Russell: Thank you. And I don't think we need an answer from them tonight as to whether or not they're going to take us up on it. Chair Hardemon: I think -- Vice Chair Russell: That's up to them. Chair Hardemon: -- it's important that we get an answer, because we -- this has been in -- this thing has been in violation for more than a year. Vice Chair Russell: Yeah. Chair Hardemon: It's been a very long time, and the community members have been diligent in coming and coming and coming. Vice Chair Russell: Yeah. Chair Hardemon: And they're disheartened with what's been going on. So I think we should come to some sort of resolution. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Commissioner Reyes. City of Miami Page 128 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Yes. I -- well, I ask the first time that I -- because most of the argument that I heard was that -- first it was that the colors were not in agreement with the palette. And we're talking about the way that they were -- the dismissal, but I'm also concerned that -- on comments that were made, "I'm sick and tired of listening to salsa, "you see? It was -- Commissioner Carollo: To what? Commissioner Reyes: Salsa, salsa music. You see, "I don't want to hear salsa. I don't want to see all the" -- I mean, 'people that come over here. " And also, another thing is -- that I question is, how about if -- why we don't want that flag in the building, and I'll have to also -- you know -- I have to tell you that I met with a couple of neighbors. They came here, two ladies; one was British. And I asked her, I said, 7 wonder how would you feel instead of being a Puerto Rican flag would be a British flag," see? I mean, "Will you try to change the palette?" "Well, that's different. " And I read a twitter, a twitter from that lady that -- I don't know the name here. She -- I don't know, Caroline (UNINTELLIGIBLE), something -- well, that read like this, you see: "The Mayor gave $26,000 away," but whatever, and when they were painting, and they came and visit when they were painting the flag. Who's paying who? And also, the end of the tweet was, "City of Miami" corrupt -- "Commission is so corrupt. " You see, I felt offended, and I told them right in the face, "You don't call us corrupt, because we are not. " And that is -- I mean, that is an offense that I really am very angry about it. And also, I remember that we, months before they came here, we voted, and we allowed another business that had a mural, and we voted for that business to keep the murals, see? And these people -- I mean, granted, they can be a little bit arrogant or whatever it is. I don't care. But these people, they had a permit that could have very well misguide them, you see? Misguide them. So what I'm saying is, I don't want to just shut the door on them. I will love for the -- and I never been in the restaurant, let me tell you. I have never been -- eaten there. I don't know if they know how to do "cuchi frito" or whatever. Okay? Commissioner Carollo: Emilio didn't invite you? Commissioner Reyes: Huh? Commissioner Carollo: Emilio didn't invite you? Commissioner Reyes: No. Emilio, he had his dinner there, but I don't know if they know how to do 'pastel6n" and all those Puerto Rican dishes. But I think that what we're doing here is we're shutting them now, you see. We're shuting them the -- and in my opinion, the flag is not offensive, you know. I don't see any flag to be offensive, you see. It's the flag. And if the palette does not apply -- I mean, who picked the colors? You have a palette, you see. What we have most of the times -- and that's been a concern of mine -- that sometimes, a group of activist people, they declare and they get us to declare a whole neighborhood, you see, historic. And then they are the ones that decide what color you can paint your house, you see? And I don't think it's fair. You know how I've been to that. I mean, that is not fair, because -- I mean, if we get together and said, "Well, now we decide that the colors that I like. Which color you like, Mr. Joe Carollo?" "I like green. " "Oh, I like blue. " Oh, those are the colors that -- and it's not fair. It is not fair, because it is just a -- activists that are dictating what other people can do, you see, and that is my point. That is -- and I cannot vote in favor of denying the appeal. I mean, you know that I always speak my mind and I vote on my conscience. You know that. Okay? Vice Chair Russell: Commissioner Hardemon, and then, of course, I'll recognize you. City of Miami Page 129 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Yeah. So I would just like to say that never have I ever considered this to be a matter of a flag, concern about a flag on a building. It could be a flag, it could be a teddy bear. I mean, that wasn't the issue in this case, and I hope that the majority of this board doesn't see the flag as the issue in this case. This is not about a flag. It's simply about what is allowed as far as murals. This mural just happens to be a flag. In fact, the compromise that the Chairman was referring to is a neon sign that is a flag. So the compromise is not -- reflects the intention of what the restauranteur put on the building, because it still represents the essence that he's trying to put forth; it's just that it's not a mural, and because neon is allowable in those areas, not murals. Yeah, there was a building that was approved, much smaller building, has a different sort of -- less dominating, if you will, to the area impression because of the way it is painted. This is much different. This building is a very tall building. It's one of the taller buildings in that area. It is clearly a mural, and it stands out as a violation of the Code in that space. So I understand why people did what they did, you know. You probably were referring to one of my community members, Caroline DeFreze, when you were trying to figure out their name. I believe that's who you were referring to. We have some very flamboyant -- you know -- community members. And everyone says things that I don't always agree with. On this board we say some things that -- you know -- I don't always agree with. And I thinkpeople don't necessarily think through how they say things to people, and then it comes off a certain type of way. But I think that one of the things that her and other people were -- and this is not in regard to the issue before us, but it's in regard to the restaurant. It was about music that was played, audible that they could hear from their house, or activities in the parking lot that they believed were not permitted by law that were going on. So there were complaints necessarily about things that was going on, but I will make this clear that this is not about those complaints about the business. This is about the ongoing violation of the Code that we can remedy, I think, in ways that are beneficial to the organization and to the civic association. And if the organization is unwilling to adhere to the Code and to a community they just came to by a lease, not through -- you know -- ownership of the parcels or houses, or -- you know, because I'm with you. I don't want anybody -- I want to paint house as soon as I can paint my house before -- Commissioner Reyes: Absolutely. Chair Hardemon: -- it's being historic, declared historic. But I own that house, so I understand that argument there. I do not own the building that I have a lease in, though, that I do my business in. And so, I'm -- what I'm requesting is that a business owner who's temporarily in the space doesn't make a decision -- or we don't make a decision for a business owner in a space that has effects that are permanent in that space. And that's what my request is. Commissioner Reyes: But from what I understand, they learned that they were in violation after the flag was painted -- Chair Hardemon: But they're telling -- they're saying that -- Commissioner Reyes: -- you see. Chair Hardemon: --but my position, from the facts that I've learned -- Commissioner Reyes: And even the Mayor was there. Chair Hardemon: -- is I believe -- City of Miami Page 130 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Maybe that's why they didn't. Commissioner Reyes: Yeah. Chair Hardemon: -- that they understood before that they had a permit to do whatever activity it was -- say, for instance, to paint -- and my belief from the facts that I've heard from the multiple hearings that they had an experienced person that was working with them in getting the permits that they would have needed; that that person informed them that they needed to get additional permission to do what they wanted to do; that they forego -- you know -- those -- that permission; that the Mayor came; that the Mayor was informed that what they were doing was illegal; that the Mayor being there could have had some influence in the Code people that were called there, because Code was called about that issue during the time that they were painting it; that in the midst of them painting -- not yet complete, because they didn't finish it in one day -- that they understood that what they were doing was wrong, and then they just wanted to go through this process to remedy the situation. That's the way that I understand the facts to be. Commissioner Reyes: I didn't. Chair Hardemon: Did you ever--? Commissioner Reyes: I heard different. Chair Hardemon: Great. Well, then you have -- agree to disagree. Commissioner Reyes: I heard differently; that they trusted a person that was getting them in, and that might happen to all of us. We can trust somebody, and you think that they know what they're doing, and they were not doing -- don't know what they're doing. And from what I heard, they didn't -- find out that they were in violation after the flag was painted. And what we did in here -- I know that there is a -- there are issues with -- or there were issues -- I don't know if it is -- issues with noise, and parking, and all of that. If that's the case, then let's talk about those issues, you see? Let's talk about those issues. But don't deny the flag or the mural, because those issues, because they were making noise -- I mean, because they were playing salsa too loud. Well, bring the decibels down, and find a parking space. But I think that the important thing here is that the flag was painted. It was -- according to the first thing that I heard, it was not in agreement with the colors that were -- the palette of colors, and then the mural -- and they had that understanding that the mural was all right, because the police gave them a -- I mean, they thought that they had a permit, because of the police. Now, if officials -- a City official comes and visit, and they don't saying anything, and they enjoy it, what makes you believe? You see? What makes you believe? And remember that -- and I'm going to tell you this, and this is not an offense to anybody that comes from Latin America. You go in Latin America, anyplace in Latin America, and you see the Mayor, the Governor, or the Chief of Police going into any place, and you think, these people, they have the permit to do whatever they want, see? And, I mean, I have -- I've been blessed by the City official or by the -- it is okay. Now, that doesn't apply here, it is true. But I think that we should give him a chance to do something about it. Vice Chair Russell: Thank you. And I'd like to recognize you, but beforehand, I'd like to mention that we need to be very careful that our decision is not based on anything but the Code with regard to how we decide on this; otherwise, we are very vulnerable. Our decision is vulnerable, at least, to their later challenge. And the reason I wanted to give the alternative is that whatever the disagreement was in the beginning -- or the misunderstanding -- we can give them the benefit of the doubt on the first permit. They have been able to gain marketing gold from this controversy. City of Miami Page 131 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: And there will be more. Vice Chair Russell: And it's -- congratulations to them, honestly, because this is what any restaurant opening would dream of to have this sort of publicity, and it's hopefully gained them a lot of success over this time. I hope you've had a very good start to the business. But for us to deny, just flat out deny this -- I could see them trying to take this to the Supreme Court on a constitutional basis for a content - related issue, which would gain them notoriety nationwide, and I'm not going to give that satisfaction. Commissioner Reyes: Would you do it? Would you do it if you were in -- on their shoes? Vice Chair Russell: Absolutely. Commissioner Reyes: That's a very good point. Vice Chair Russell: It's a -- and they have their point of view. Commissioner Reyes: That's right. Vice Chair Russell: They have their point of view, and I grant them that. They have their pride, they have their product, they have their venue, and this has been -- you know -- hopefully not detrimental to them, and that's why I want to give them an option, so that we've been clear. We're not saying no. We're saying, "Just do it under the Code." I'd like to recognize; you've been waiting. Mr. Ingraham: Good evening, Mr. Chairman and the Commission. My name is Mark Ingraham. I'm here on behalf of the MiMo Biscayne Association. I'm their counsel. I also have our president, Ms. Cepeda, here alongside me. I've prepared some comments that'll address some of your issues and concerns, Commissioner Reyes. First of all, a little bit about the MiMo Biscayne Association, a small grass roots organization made of volunteers, residents of the community, property owners and business owners. This small organization has overseen the transformation of this neighborhood over the last 15 years. Anybody that knows Biscayne and was there 15 years ago knows what that stretch of Biscayne Boulevard looked like then and what it looks like now. And this was -- this did not happen by accident. This was because of the efforts of the residents, and the neighborhood, and the people investing in the neighborhood. We obtained, most importantly, a historic designation, and as a consequence of that historic designation, there are rules in place. People invested in the neighborhood, because they understand the value of this historic designation, and I believe one of the Commissioners mentioned earlier that 7th Street or 8th Street, it'd be nice for it to have an identity. That's exactly what our MiMo District does. It has an identity, and it became -- and it was a lot of work to obtain that identity. And when people don't play by the rules, we lose the character of that identity. And the people that came before and did -- and followed the rules, and invested the money, and played by the rules, and did it right, we're not respecting them. And we're also not respecting the residents in the neighborhood. But Placita has hacked the system, and violated the City Code, and historic guidelines. Their actions have not been made in good faith. And we know, and Placita knows that on the Special Events Permit, that that Special Events Permit did not allow for a mural to be painted overnight on the Special Events Permit under the guidance of the off -duty police officers. We also know that the Placita organization is sophisticated; they're even star-studded, and they have investors, and they -- as you said earlier, they also have expediters, and they know what the process is. This is not their first rodeo. Placita will also tell you that the mural should be allowed, City of Miami Page 132 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 because the Commission allowed another mural, the Organic Bites mural, but that entity is different, as Mr. Chairman pointed out. Organic Bites is not gaming the system like La Placita is gaming the system. Organic Bites is a small one -person - owned business. It's a small mural towards the back of a parking lot. And in fact, the MiMo Biscayne Association appealed the Commission's ruling to the Circuit Court, and I should report that we recently amicably resolved that case, favorable to all the parties. We, in the spirit of what the Commission advises people before the dais, we spoke to each other, and we worked out a resolution that's satisfactory to both sides. In that regard, when Placita proposed the neon scheme, we actually were very favorable to that, the residents in the community, our organization. And, in fact, when they pulled that option as an option, it was almost like having the rug pulled from -- out from under us. And as you know, the Chairman made concessions, as well, and it's just not acceptable. The restaurants and restaurant patrons come and go, but please respect the law, the community, and the property owners, and deny the appeal. Thank you. Vice Chair Russell: Thank you very much. So I understand there was a motion. Who was the seconder? I apologize; I missed it. Chair Hardemon: Commissioner Carollo was the seconder. Commissioner Carollo: I was the seconder. Vice Chair Russell: He was the seconder. So where are we, Mr. Chair? Chair Hardemon: So as I understand, your amendment was you want to allow them to have the option of using the neon sign. Vice Chair Russell: Yes. Chair Hardemon: I'm agreeable to that. If they agree to that, then we can make that decision, and I'm done. If they're not agreeable to the neon sign, then I think that the law requires us to deny this application, and make this happen. Vice Chair Russell: So -- Chair Hardemon: You know, this body -- it's not as if -- you know, this is -- these are not easy decisions to make. And this body was never happy when Organic Bites was approved. In fact, they appealed our decision. Right? You know, I looked at this same body, and I said, you know, "It's the nature" -- I thought it was apart of that. I mean, I'd seen it, it was small, it was here, it was there. We talked -- but they had a lot of facts regarding that. And I voted against their interest, my constituents. Vice Chair Russell: Yeah. Chair Hardemon: It was a tough thing to do. In this situation, I -- like I said, I always -- I try to always have a fair look at everything. And -- you know -- we had many different hearings in order to consider the facts that were being presented to us in this. And -- you know -- I've come out with a different, you know, recommendation here. But I want to see -- I would -- I mean, if I had to choose between being denied and the -- and seeing that mural being accented in neon, I think the neon is wonderful. I think that neon could be the next Coppertone baby of that area; I really, truly, do. But that's up for them to decide. Vice Chair Russell: Right. But can I make a prediction? If we give them the option, they're going to say, "no. " And then, the controversy can continue, and we're the City of Miami Page 133 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 bad guys. If we don't give them an option, yet simply make a ruling, "This is what you can do, "we're nothing. Chair Hardemon: How -- but how do we do that? I mean -- Vice Chair Russell: What would the wording be, Madam City Attorney, if we're seeking -- it would be a denial of the appeal in part, I believe, with an option that is acceptable. What would be the correct wording, either Madam City Attorney or Mr. Director? She predicted this, as well. Ms. Mendez: It would be -- Mr. Garcia: It may help the Commission to know, as well, that the option that I believe you're referring to as the neon light option -- it's not exactly a neon light option, but it resembles one -- was actually recommended for approval by the Preservation Office and by the Planning Department, and that is on the record as part of your backup, as one of the items presented to the HEP Board, which they denied at the request of the applicants. Vice Chair Russell: And I don't care if they do the metal backing behind the neon. Chair Hardemon: No. Commissioner Reyes: No. Vice Chair Russell: I know that's an expensive part, and I don't think it's necessary. Chair Hardemon: I think they -- I actually think they added that part to it -- Vice Chair Russell: Right, right. Chair Hardemon: --from the original thing. Vice Chair Russell: That's up to them. I don't mind either way. What would it look like? Ms. Mendez: So it would be grant the appeal in part and modify the HEP decision by allowing the flag in the neon pattern. Mr. Garcia: Yes, the neon graphic display. Ms. Mendez: Thank you. Commissioner Reyes: How much is the --? Chair Hardemon: So -- but if we -- Commissioner Diaz de la Portilla: But I have a question. Chair Hardemon: Okay. And if we did that, what happens if they are noncompliant? Vice Chair Russell: Then they're in violation. Mr. Garcia: It is important -- very briefly -- it is important to set the terms of compliance clearly, and that is because, as you know, they have a running fine presently, which has accumulated to a significant amount. At some point in time, City of Miami Page 134 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 sooner rather than later, they would want to mitigate that. And in order for us to present to the Code Compliance Board a mitigation for that fine, we would need to have determined that compliance has been achieved. So we need to be clear in terms of what "compliance" means for this property. Vice Chair Russell: So there's a penalty for them to not become compliant through the option that we give them at the -- Mr. Garcia: Absolutely, there is. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. Ms. Mendez: So -- but the two options would be either that or paint, you know, and - Chair Hardemon: Or remove the mural. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Madam Attorney, do we have the option of reversing the HEP Board decision and allowing the flag to stay as is? Do we have that legal option available to us? Ms. Mendez: You do. You would just have to give reasons why. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: So -- Commissioner Reyes: I want to ask them a question. How much will it cost to change it to a neon? Mr. Cancel: Commissioner, as we stated previously, our cost starting over -- past $100, 000. Commissioner Reyes: Even without the metal -- I mean, you mentioned the metal backing on it. Vice Chair Russell: Yeah. Commissioner Reyes: Even without the metal backing, just the --? Mr. Cancel: No. That includes the metal housing. Commissioner Reyes: And without the metal? Mr. Cancel: We have to go back to the engineers to see how it's going to be done. Chair Hardemon: No, no, no. Let's -- sir, let's be honest. The first rendition of the model did not include the metal backing. You had the numbers. You had assistance in -- you had assist -- when you say, "no" to me that further tells me that you're not being honest with me. Mr. Cancel: No, it's not that. City of Miami Page 135 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: The first rendition did not include the metal backing. Mr. Napoli is not going to -- he's not going to reflect the same way, because he has a different standard that he has to apply by. The second rendition, when you brought it to us, has the metal backing, which increased the cost of it; that's what made it more than $100,000. I -- you know, I want to work with you, but for some reason -- I don't know if it's because you've put yourself in a position that you just have to stick with -- like Javier Ortiz being a black male -- that you're just going to keep with it. But I think you should just be agreeable that you know the cost to make it without the metal backing. You know it. You don't have to submit it back to engineers. You know what it cost. Mr. Cancel: If I may? When I say, "no, " with my head, I'm not saying "no" to what you're saying. It's that you're incorrect on assuming that the first appreciation or version of the neon was a complete aspect that could be enforceable, that could be constructed. No. That was only a photo shop; was putting neon on a painting. There was nothing behind that. It was an incomplete -- that was an incomplete proposal -- Chair Hardemon: So your testimony is that you didn't have the cost associated with the neon before you added the metal backing to it, which increased the price? Mr. Cancel: The -- no, no. We added the metal behind it so we can show during the day, because the only reflection of that first version was for a night neon display. But during the day, it was not going to be shown. Chair Hardemon: But my question to you is, did you or did you not have the cost associated with the production of it in the neon sign, without the metal backing -- Mr. Cancel: No. Chair Hardemon: --before you added the cost of the metal backing? Mr. Cancel: No, because we went into a complete -- Chair Hardemon: So -- Mr. Cancel: -- process and responsible process of costing a feasible alternative; that's why we stated for the record -- Vice Chair Russell: You've been clear, you've been clear. Mr. Cancel: -- that was an incomplete version. Vice Chair Russell: So we know the worst case is about $100, 000. How much are we looking at in fines at this point, Francisco? Or maybe you know that -- Mr. Garcia: I do. Vice Chair Russell: -- how much the fines have accrued at this point? Mr. Garcia: The fines have been accruing at the rate of $250 per day, and at present, they stand at $65,500. Vice Chair Russell: Do we have the authority to mitigate those fines? Mr. Garcia: Pardon, sir? City of Miami Page 136 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Do we have the authority to mitigate those fines? Mr. Garcia: No. That authority lies with the Code Enforcement Board. Alisa Cepeda: Attorney Russell -- Vice Chair Russell: As you can see, I'm still trying to find a compromised solution -- Mr. Cancel: I do. Vice Chair Russell: --that will work for you. You'd like to be recognized? Ms. Cepeda: I would. Alisa Cepeda, president of the MiMo Biscayne Association. I would like to just correct the statement that Mr. Cancel is making. Neon must be channel set per the Fire Code. You cannot just put up tubes, light tubes on the building. So this can be seen just with the channel set backing that it comes with. It doesn't need the extra metal. It doesn't need all of those extra things? There is neon all over the district that is channel set. We've provided examples before to this board and to the HEP Board. This is -- you know -- a simple thing. We can put this up. The cost of this would be 20, $25,000. This does not need all of the extra detail to be seen 9 to 5. Vice Chair Russell: Right. It would be my recommendation to recommend to the Code Enforcement Board that if they take up this option that we mitigate the fines. Let's give the benefit of the doubt that there was a misunderstanding on the original permit, and if they're willing to invest in the neon sign, mitigate the fees, they should be pretty whole. And we have a solution that works for the community, works for the restaurant, and doesn't have a negative financial bearing. That would be my hope. If we can't mitigate those fines directly, that would be my recommendation to the board, which can. I think the City Attorney has clarified what that motion would be if that's acceptable to the mover. Chair Hardemon: If -- I will rescind my motion for -- and replace it with the motion that the City Attorney's recommending, which gives La Placita the absolute right to have the neon sign on their building, and continue having that space as a tourist attraction for many people to see. Vice Chair Russell: Thank you. Does the seconder approve of that motion? Commissioner Carollo: For the purpose of discussion, yes. Vice Chair Russell: Thank you. Is there any further discussion? Commissioner Carollo: Is there any further discussion or --? You have any more you want to input? Commissioner Reyes: No, no. I don't want to input. The only thing that I want to add is -- How much you say that they are -- the fine is? Vice Chair Russell: About $60,000. Commissioner Reyes: About $60,000. Commissioner Carollo: 65, he said. Vice Chair Russell: 65, 000. City of Miami Page 137 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: 65,000. And by waiving that $65, 000 -- Ms. Mendez: You're recommending -- I believe that Vice Chairman Russell said that you were recommending to the Code Enforcement Board to mitigate those fines. Commissioner Reyes: That's right, mitigate it. And if they accept that, will that be acceptable to you? You have a fine already of $65,000. The Code Enforcement Board could mitigate that and just erase it. You don't owe anything, and you can use all those $65,000 and use it on the -- Mr. Cancel: At this point -- and I appreciate your recommendation -- we have to also consider why we went through all this process, and it's going to be about converting into neon, so we have to also consult the contractor on how much it's going to be, final, something that works for everyone. I don't have that number. I'm not a technician about neons or nothing like that. I do like the aspect of mitigating these fines; that they came to light without us knowing, once again. But if we can solve something, as Commissioner Russell stated, that works for everyone, in those regards, we can be willing to participate on that. Commissioner Carollo: Well -- Commissioner Reyes: Okay. Commissioner Carollo: -- let's see. Did I miss something? Mr. Cancel: Yes, sir. Commissioner Carollo: Did you say you didn't know about the fines, either, or --? Mr. Cancel: That's right. We don't get an invoice. We don't get a statement, nothing from the City. We got that information from a neighbor that shouted in a meeting that we were accumulating more than $50, 000 in fines. Commissioner Carollo: Okay. So you didn't know about the permitting; you didn't know about the fines, even though I'm sure that the City had sent sufficient information that says how many dollars per day you'll be fined if you're in violation. You haven't received anything in the mail, certified? Mr. Cancel: As we were in the process of complying with the Certificate of Appropriateness, and we submitted our self to the HEP Board, and then we started with the appeal process, we were under the impression that everything that has to do with fines was put on hold. As a matter of fact, on one of the hearings, you also stated that you don't want nothing to start going from that day forward in terms of fines until this was resolved. So we were under the same impression. Ms. Cepeda: Commissioner Carollo, if I may -- Commissioner Carollo: Yes. Ms. Cepeda: -- for just a second? I apologize. If I may, at the HEP Board hearing, when the decision was made, he was informed that they were reinstated. He is well aware that the fines accrued. They were given back. This show has to stop. They're experienced restauranteurs. Vice Chair Russell: Thank you. Ms. Cepeda: They're aware. City of Miami Page 138 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: I believe they were aware of "A" amount; maybe not the full amount, but they were aware there were fines. Now, where is our Code Director? Vice Chair Russell: The Director of Code. Good evening. Commissioner Carollo: Have we sent them Code notifications? Do we have copies of them? Adele Valencia (Director, Code Compliance): Yes, sir. Everything has been duly noticed. Commissioner Carollo: They are certified? There's --? Ms. Valencia: I think the disjuncture here is that Code Compliance is responsible for interim violations; they inure against property. So the notice goes to the property owners, which my understanding is Mr. Cancel is not; Mr. Balan is. But we have robust records. Commissioner Carollo: Okay. Ms. Valencia: This has been to hearing at the Code Enforcement Board as of March Commissioner Carollo: Well, you are right. I'm sorry. Whatever was sent, then the fines are against the property owner, because they own the property; they don't. So technically, he is right. But I'm sure that -- Chair Hardemon: He told them. Commissioner Carollo: -- the property owner has had to have mentioned something to them. He's just not going to take the fines and not say a word. And as the lady mentioned, in the HEP Board hearing, they were informed of those fines. But technically, you're off the hook. The fines are against the property owner, unless there's something in your contract between you and the property owner that he says, "You got to pay for fines like that. " Mr. Cancel: If I may? And we're all making assumptions here. On December 5, there was a meeting from the City officials, and most of these officials were there, and at that time was when the neighbor shouted that we were accumulating more than 50-something thousand dollars in fines. In that time, the landlord, Mr. Jonathan Baylons, stood up to stay with the City officers to clarify that, because he wasn't aware, and he didn't receive any type of notification regarding those fines, and that's when he was informed that this $250 daily fine was accumulating, and that is a fact; that's not an assumption. So they haven't -- every time that they receive some kind of violation notification, as a landlord, they send us that for us to correct, whether it has to be with the planters, property lines, something that happened, we have that kind of a communication, because they're also investors in the business. So there's no such thing as a statement or something that it's being shown every month from the City to the landlord or the operator regarding these $250 daily. Commissioner Carollo: Well, there shouldn't be, because once you're notified, which you were not, because you don't own it; it's the landlord. He's notified it's going to be $250 per day from that point forward. I don't think that we send them a bill every 30 days or anything like that on this. But what I see is the following: That this is not about she said what, or who feels what, whether you had salsa, whether you had rock, or you had jazz. That's -- if there are violations on that, that's a City of Miami Page 139 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 separate matter for Code. The bottom line is, whether you have good neighbors, whether you have bad neighbors, the bottom line is this is a decision we have to make. It's based on whether that mural is within the Code or not. Now, it's obvious it doesn't meet Code. And this Commission has been more lenient with you than anyone that I could ever think of that's ever come here, at least in the last two years since I've been back. I haven't see anyone that we've been more lenient with during that time. And Commissioner Hardemon has taken -- you know -- a very courageous stand. Frankly, you surprised me, because there's a lot of pressure that you all are exerting -- or trying to -- on all of us; that's why I see the TV cameras, everything else. Look, I keep up with the news, what it means that -- and everything else. And you guys need to make it not on whatever sign you have, or mural, but on your food. I have one fine, excellent Puerto Rican restaurant in my district on 8th Street. That place is packed all the time, because they got good food. And they don't have no mural on the outside. In fact, they've done so well, they're expanding, and they leased another place, I'm told, for 10, 000 a month, so they could open up a second restaurant on 8th Street, just a couple of doors away from the one that they have. And, you know, those that say that, oh, they can't make it without that mural, what does the mural have to do with the food? I go to a place, not because they have a mural or not, but first and foremost, on the food; secondly, on the ambience. Neither the food nor the ambience inside a restaurant has to do with the mural outside, that the Puerto Rican flag happens to be part of the mural, and that it certainly makes it a lot more attractive, I agree it does. It's a beautiful flag, very similar to the Cuban flag. But the bottom line is, if we want to ignore this, then we should do away with all the codes that we have in that area, and then let everybody do what they please. And, you know, this is what I would suggest. Vice Chair Russell: Thank you. Commissioner Carollo: We either enforce the Code, or we let it go, and everybody does whatever they please. Now part of the problem here has been, also, as Commissioner Hardemon pointed out, the Mayor showed up there. I know Julian. He brought you up there, give you the key or whatever. We approved a sizable amount of money for something else that had nothing to do with this that we all believe in. And then the City Manager goes and eats there. He loves to tweet, and he tweeted there. Maybe he didn't know that anything was going on; maybe he knew more than any of us was aware of. But the bottom line is that any which -way you cut this, you're in violation of a City of Miami Code as far as that mural. Now you laugh at me, you're grinning there. If you're not in violation, tell me how you're not, so I could understand it. Mr. Cancel: I am not in violation. Commissioner Carollo: Why? Explain to me, so I could understand it. Mr. Cancel: If I go back to the history and the chronology on whatever happened there, we never received from the City a revoke of that permit for the course of 11 hours. So if we're in violation, from day one, when we were painting, when all this situation started bursting inside of the City, from Code Compliance and every single department in the City, no one took action. So we were of the impression that we were doing the correct thing, because we had that permit. After that, we continued talking with the HEP Board. We submitted ourselves to the process. And then we learned that the same process that Organic Bites did and got a denial from the HEP Board, a full denial -- Remember, back in the day, we got a partial denial, a split decision from the HEP Board on the first time that we got there. So we even thought about that, and we said, "We might have a chance, because people are looking at this from another perspective, because someone messed it up. " And then we have, on March, a decision from this same board stating that the murals from Organic Bite City of Miami Page 140 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 look MiMo-ish. That's what the transcript says. So how come we cannot use the same standard? Because in no side of the -- in any part of the guideline says about size; it's no murals, at all. So murals or no murals; it's not small murals or big murals. So all of these things brought me to the understanding that if you, as a Commission, approved an exception, how come we cannot be granted with the same treatment? That's how I understand this -- Commissioner Carollo: I'm going to -- Mr. Cancel: -- case. Commissioner Carollo: -- try to have all your main questions answered. But first and foremost is the most important one of them all: That you're telling me that you had a permit. You did not have a permit. Now, Madam City Attorney, who is best that we have here on staff -- whether it's you, whether it's Francisco, whether it's Adele -- that can explain what they had and why that was not a permit. Chair Hardemon: Who is best? Ms. Mendez: What they had -- and? Commissioner Carollo: And why that was not a permit. They never had a permit that allowed them to -- Ms. Mendez: Correct. Commissioner Carollo: -- put that up there. Ms. Mendez: I believe someone from staff knows. My understanding, though, is that they had a permit in order to --like police presence -type permit. They did not have a permit to paint. They did not get a Certificate of Appropriateness; nothing along those lines. Someone did go to Code Enforcement, by the way; appeared on their behalf, and Code Enforcement -- whether it was on behalf of the owner of the property, on behalf of the owner of the restaurant, they were given 60 days to comply at the Code Enforcement Board, and then, a $250 thereafter fine. So someone did appear on their behalf. They really need to talk to their partners and figure that out. Commissioner Carollo: Somebody appeared there? Ms. Mendez: Yes. Commissioner Carollo: And somebody appeared at the HEP Board, which we have testimony to that, also. Ms. Mendez: Right. Commissioner Carollo: Now, what was the permit? And this is what I'd like to get on the record for the future. What was the permit that they received that was not a permit to paint --? Ms. Mendez: Right. My understanding is that they received a Special Events Permit in order to block the street -- Mr. Cancel: Incorrect. Ms. Mendez: -- but if anyone from staff can enlighten -- City of Miami Page 141 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Garcia: That is correct, sir, as previously stated and as manifest on the record. Their sole permit they obtained that day -- and I am referring now, just to be specific, to December 27, 2018 -- is a permit issued by the Police Department of the City of Miami, in an effort to ensure that that portion of the public right-of-way that they would be encroaching onto to set up the necessary tools and devices to paint the mural would be safe. That permit, as we've discussed previously, on its face made mention of the fact that the activity that would take place for all of these instruments would be the painting of a mural; that is correct. Subsequent to that, and I think also before this body, the Police Department has presented to the Commission that they have taken steps to make sure that there is no further confusion again. So whatever confusion may have taken place at that point in time, there was a confusion about the fact that a permit issued by the Police Department to safeguard the public right-of- way may have been misinterpreted by the property owners or the restaurant owners as a permit that allowed them to paint the mural on the building. That said, immediately after the activity of painting the mural commenced onsite, there were hews and cries by many stakeholders, and property owners, and neighbors, advising them that what they were doing was not allowed by the Code. Reasonably, the property owners then appealed to those neighbors that they had a permit. Subsequently, the Code Compliance Office was called out. The Code Compliance Office consulted with the Preservation Office to ensure that, in fact, that permit was not the appropriate one. They were advised accordingly, and we have thoroughly documented -- the correspondence is abundant -- that there were active communications between City of Miami staff, with the right jurisdiction, and right competence, advising them that they should stop the work, which they refused to do until the mural was completed. Commissioner Carollo: Now, in that Special Event Permit that was issued by the police for the purpose of closing the streets, did it include that they had to hire a police officer? Did you hire a police officer that day? Mr. Cancel: Yes, sir. But I would like to -- rebuttal, because it's not correctly -- Commissioner Carollo: Did you pay this one cash, too, like you told me the last time you -- Mr. Cancel: Correct. Commissioner Carollo: -- did the other --? Mr. Cancel: Yes. Commissioner Carollo: Wonderful. Mr. Cancel: But, Commissioner, if I may? I -- we never misinterpreted the permit. The permit -- and I have it in front of me, and we will always put that on the record - - has the purpose of, 'Applicant is authorized to conduct an artistic painting of mural at the above -listed location." That's one sentence. The second one: "Applicant is permitted to close the above -listed location per the attached approved MOTs (maintenance of traffic). " So if what Mr. Garcia is stating, that the permit was for partially closing 68th Street and that we misinterpret about painting, using that permit for painting, that is incorrect, because it says that for the purpose of painting an artistic mural. Secondly, if I may -- Commissioner Carollo: Certainly. Mr. Cancel: -- if we were violating at some point, because Code Compliance and everyone in the City knew that we were conducting a painting, why did the Miami City of Miami Page 142 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 City didn't revoke the permit for us to close the 68th Street? What will happen? That the complete painting was going to be non -finished. But that didn't happen, too. So we were reinforced that what we had at that day was legally bound for us to continue and to complete the project, what we did for the timeframe that the permit establishes. Vice Chair Russell: Thank you. Commissioner Carollo: Well, I'm going to tell you -- I'm going to answer your question, why no one else said anything. We just heard testimony that the Mayor was there that day. He was seeing it, correct? And obviously, everyone else got scared, cowered out from doing their job, and the City Manager has let the Mayor be a strong Mayor through the back door; what he could not win in an election as strong Mayor through the front door. And this is part of what's been happening in our City; not just with you, but in many other areas of our City, and particularly Wynwood. In my district there is some of it, but the ground zero is the Wynwood area. Look, I would like to say to -- you know -- leave the flag up. The Puerto Rican flag is part of what I grew up with too, even though I'm not Puerto Rican. I could almost say to you that my aunt was almost Puerto Rican. She was a nun -- Sacred Heart -- and she was the principal at two of your biggest Catholic schools, one in Ponce and one in San Juan. She's the one that showed me all of Puerto Rico as a young man. The problem that I have here is that we either have to begin by enforcing our laws, or we change it for everybody. I want to address your second point, which is this other mural. Madam City Attorney, first of all, can you tell us what year this happened with this other mural? And can you give us the full story as you remember, and the difference between that other mural and this one, if there is any? Ms. Mendez: You mean the Organic Bites and this one? Commissioner Carollo: Whatever it's called; Organic Bites, Big Bite, Little Bite, anything. Ms. Mendez: The Organic Bites. And Francisco is the best one to tell us the differences between the two. Vice Chair Russell: You're recognized, Mr. Director. Mr. Garcia: Commissioner, in an attempt to differentiate the two, the two have the following similarity: They are both murals; meaning that they are paint applied onto a wall of a structure. Both structures, both buildings are within the MiMo Historic District. Both buildings should abide by the same guidelines. Now the difference between the two is basically size, and the coloring. The Organic Bites -- Commissioner Carollo: Size and anything else? Vice Chair Russell: Coloring. Mr. Garcia: The coloring. Commissioner Carollo: The coloring. Mr. Garcia: The size of the Organic Bites murals is comparatively smaller, and they are displayed in a less conspicuous part of the building, although they are visible from the public right-of-way. The size of the mural at La Placita Restaurant is larger in scope, takes up the full three stories of the building, and is readily visible from Biscayne Boulevard. City of Miami Page 143 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: What year did we approve that other one, the Organic Bite? Mr. Garcia: The Organic Bites mural was never approved. The reason Mr. Cancel is making reference to an approval is the Organic Bites mural, once cited for noncompliance, went the route of going to the Historic & Environmental Preservation Board to seek a Special Certificate of Appropriateness, which they were denied, and subsequently came to this body, where this body found that the amount of time they had been in place and the comparatively smaller size and innocuousness of the murals merited making an exception of them. Commissioner Reyes: Correction. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: I was here. The size was never a question that was addressed. It was the time that they had it that they didn't know, blah, blah, blah, blah, and all that. But we never said about the size, sir. And I voted in favor of that, okay? But it was not based on the size. Vice Chair Russell: Commissioner Diaz de la Portilla. Commissioner Reyes: It was MiMo-ish. Commissioner Diaz de la Portilla: How long -- thank you, Mr. Chairman -- was the Organic Bites mural up? Mr. Garcia: It was therefor approximately two years I am being told. Commissioner Diaz de la Portilla: Two years. Chair Hardemon: Two years before the complaint. Commissioner Carollo: Oh, it's no longer there? Commissioner Diaz de la Portilla: And is Commissioner -- I'm sorry. Is Commissioner Reyes correct that the size was never discussed during that debate here before this Commission? Chair Hardemon: I remember -- Mr. Garcia: Thank you for allowing me to correct -- Commissioner Diaz de la Portilla: I wasn't here, so I need to ask was -- is he correct in what he's saying? You were here. Mr. Garcia: -- clarify. I did not mean to imply -- I was not speaking on behalf of the Commission. The action of the Commission was clear, was to actually allow them to retain the mural. The reason I made mention of the size is that that was reflected in our report as presented to the Commission. It may not have been discussed specifically. My apologies. Vice Chair Russell: The question -- Commissioner Diaz de la Portilla: I understand, but -- City of Miami Page 144 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: -- to him was, "What was" -- "What is the difference between these substantively?" Commissioner Diaz de la Portilla: And I'm just following up. I'm trying -- since I wasn't here, I want to get clarification. You have a good memory, Mr. Garcia. What was the debate -- First of all, what was the vote before that Commission; the vote count? Mr. Garcia: I believe the vote to retain the Organic Bites mural was unanimous by the Commission. Commissioner Diaz de la Portilla: Unanimous. Commissioner Carollo: What year was this? Commissioner Diaz de la Portilla: 5-0. Mr. Garcia: I don't know how many Commissioners were present. Vice Chair Russell: (UNINTELLIGIBLE). Mr. Garcia: There were no dissenting votes; I do know that. Commissioner Diaz de la Portilla: And can you briefly describe the debate? What was the reason why the Commissioners at the time said they were going to allow that mural to remain? Mr. Garcia: Well, what I describe from memory is that they were a very sympathetic group of owners. It's a very small oust, and they made an impassioned plea to this Commission that, really, that mural is their sole source of identification from the boulevard, because -- again, this is my impression, and I stand to be corrected -- it was fairly inconspicuous, and less sort of prominent than other murals that were being presented at the time. The Commission saw fit to let them go. I -- for the record -- and this may be interest mostly to the Commission -- that granting of the murals for Organic Bites was subsequently appealed by the MiMo Association, and that appeal has since been settled out of court. And we can speak about that further, but that should be noted, also. Chair Hardemon: So the -- Commissioner Diaz de la Portilla: But -- sorry. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: But it's still there. They settled, and they kept the mural up. Mr. Garcia: That is correct. The mural is there. Commissioner Diaz de la Portilla: So you know that -- I'm starting to get -- Do you know the terms of the settlement? Mr. Garcia: I am going to represent to you what I have heard. I haven't seen it personally, and anyone can maybe -- or perhaps they would be the best party to say that. Mr. Ingraham: Yeah. Hi. Again, Mark Ingraham -- City of Miami Page 145 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: You're recognized. Mr. Ingraham: -- counsel for the MiMo Biscayne Association. Yes, the Organic Bites certainly does not set a precedent. We appealed that to the Appellate Courts. We reached a settlement. The settlement is a confidential agreement, and the details cannot be disclosed. However, pursuant to that settlement, we believe that the Code and the historic guidelines will be respected, and there's a term for that to -- there's a certain period of time for that to happen. So while you might seethe mural present today, pursuant to the settlement agreement, things could change, and respecting the Code as it's written. Commissioner Diaz de la Portilla: But it's still up today? Ms. Cepeda: We issued a statement, and I'll just go ahead and read the statement, and hopefully, that'll answer most of your questions. "We recently reached a confidential settlement that is favorable to the MiMo District. It will result in long- term compliance and respect to historic guidelines. Unfortunately, the terms of our agreement with the owner of Organic Bites does not allow us to disclose anything further. " Commissioner Diaz de la Portilla: So were -- I have one final question. So were neighbors at the time as passionate about bringing this mural down from Organic Bites as they are today about bringing down the Puerto Rican flag mural? Ms. Cepeda: Absolutely, wholeheartedly, to the point that we appealed it, and we've all spent money out of our pockets, time, effort. This is a private attorney who's donated her time to us. Absolutely, I mean, we have been at this for the past year, and we have stuck with it to the point of appealing it to the Circuit Court. Commissioner Diaz de la Portilla: How many people in your organization, ma'am? Ms. Cepeda: I'm sorry? Commissioner Diaz de la Portilla: How many people in your organization? Ms. Cepeda: We have eight current board members. Commissioner Diaz de la Portilla: How many? Ms. Cepeda: Eight current board members. Commissioner Diaz de la Portilla: Eight; eight people? Ms. Cepeda: Eight board members, yes. Commissioner Diaz de la Portilla: How many members in the organization? Ms. Cepeda: We have approximately 50 members. Commissioner Diaz de la Portilla: 50? Commissioner Reyes: 50. And then I'm going to add to that. Every time there is a problem with MiMo, I only see you. And in this case, the lady that lives across the street from the restaurant, the British lady that call us -- I mean, that tweeted that we were corrupt, and another lady. That's the only people that were here. City of Miami Page 146 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Ms. Cepeda: I have to interrupt you. I -- Commissioner Diaz de la Portilla: Please, please, please -- Ms. Cepeda: -- at this point, I do have to correct you, because in the last hearing that we were here, there was many business owners here. Ms. Jane, a board member of ours was here -- Vice Chair Russell: Ma'am -- Ms. Cepeda: -- and stayed till midnight. So there's been multiple board members that have come -- Vice Chair Russell: -- ma'am -- Ms. Cepeda: -- and it's not just myself. Vice Chair Russell: -- ma'am, please don't get defensive. You're not on the stand here, and you're not recognized at the moment. The Commissioner is just saying his point of view of what he saw in that moment. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Well, it's not "his point of view"; it's the truth. I've never seen more than three people from your organization here since I've been here. So I don't know where your 50 members come from, but I've never seen five members from your organization. Ms. Cepeda: As Mr. Ingraham stated -- Commissioner Diaz de la Portilla: I'm -- ma'am, ma'am, I'm asking a question. How many of those 50 members are Hispanic? I'm curious. Ms. Cepeda: I mean, I'm Hispanic. I mean I -- Commissioner Diaz de la Portilla: No, that's not the question. That's -- Ms. Cepeda: --know, and I mean -- Commissioner Diaz de la Portilla: -- not the question. Ms. Cepeda: -- we have a very diverse district. I don't have a count. I don't know everyone's racial makeup of our board members, of our members, of the business owners in the district. Commissioner Diaz de la Portilla: You don't know the racial makeup of your board, of your eight -member board? Ms. Cepeda: Of my eight -member board, yes. Commissioner Diaz de la Portilla: Yes. Ms. Cepeda: But you asked me of the membership. Commissioner Diaz de la Portilla: Well, I did. You told me you didn't know. So do you know the makeup of the -- of your eight -member board, the racial -- or ethnic makeup of your eight -member board? City of Miami Page 147 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Ms. Cepeda: We have Hispanic members, we have LGBQT (Lesbian, Gay, Bisexual, Queer, Transgender) members. I mean, we have black members. Commissioner Diaz de la Portilla: You don't have the -- Ms. Cepeda: We -- I'm not sure -- Commissioner Diaz de la Portilla: -- a number of the eight -member board? You don't know how many are Hispanic? Are there any Puerto Rican members on your board, ma'am? Ms. Cepeda: We have a board member who is married to a Puerto Rican, I think. Commissioner Diaz de la Portilla: Oh, she's married to a Puerto Rican. Okay. Ms. Cepeda: Yeah. I mean, we have all different types of associations. I mean -- Commissioner Diaz de la Portilla: But that makes her Puerto Rican? Ms. Cepeda: --I don't know exactly where you're going, sir. Commissioner Diaz de la Portilla: I'm not going anywhere. I'm asking you a question. How many members of -- how many are Hispanic? Ms. Cepeda: You want me to list each person's makeup? Commissioner Diaz de la Portilla: It's a simple question. Whenever we look at boards, we look at the diversity in the board. I want to see -- I want you to tell me. What's the diversity of your board? I want you to tell me how many of your eight - member -- I'm not asking you the 50 members. I would venture to say that most of them are not Hispanic. But let's say your eight -member board. It should be pretty easy for you to keep tabs on eight people. You do know I didn't ask for a sexual preference. I asked simply, "How many members are Hispanic of your eight -member board?" One, two, three, four, five? Ms. Cepeda: I believe that four people have a Hispanic background. Commissioner Diaz de la Portilla: Or any Puerto -- of those four, are any Puerto Rican -- are any of them Puerto Rican, ma'am? Ms. Cepeda: I do not believe so, no. Commissioner Diaz de la Portilla: Okay. Thank you. Ms. Mendez: I wanted to clam something for the record. For the Code Enforcement case, apparently it was a sidewalk permit to just close the sidewalk in order to paint; not necessarily paint a mural, but it was to paint. And they were informed by the Code Enforcement officer at the time that the painting of the mural was illegal, and it should be stopped. And the property was properly noticed, obviously, and the fines were running, and they did appear at the board. So I just wanted to clam those points for the record. Thank you. Mr. Cancel: So through the Chair -- Vice Chair Russell: Yes. City of Miami Page 148 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Cancel: -- may I address the City Attorney? City Attorney, do you have in front of you the permit? Ms. Mendez: I'm telling you what was -- what happened at the board meeting that you apparently did not go to. So thank you. Mr. Cancel: Okay. So once again, I'm not referring to meetings or to comments. I'm referring to black and white. The permit said itself to -- it's authorized to conduct an artistic painting of mural; artistic, painting, mural. I don't know what -- Vice Chair Russell: Thank you. You -- Mr. Cancel: -- more clear than that is. Vice Chair Russell: -- have been clear, and you've read it before. I've seen the permit. I agree with you. Mr. Cancel: Thank you. Vice Chair Russell: The issue here is that the body that issued that does not have the jurisdiction to authorize a certificate of -- authority to paint a mural in a historic district. Mr. Cancel: But Commissioner -- Vice Chair Russell: So I understand where you could have taken that permit from the Police Department on its face, because if I were to host a birthday party and needed to close the street, I'd call the police. Mr. Cancel: Right. Vice Chair Russell: And they would give me a permit, talking about what birthday party I'm going to have, and what they're going to do. Mr. Cancel: That's right. Vice Chair Russell: That's what they did, because you said, "We would like to paint a mural. Can you give us a permit?" They said, "Okay, here's your permit to paint the mural. We're going to protect the sidewalk." Mr. Cancel: Correct. Vice Chair Russell: I can understand the misunderstanding, and that's where we're going. I would like to bring this to a close. Chair Hardemon: Commissioner, I would like to call the question. Vice Chair Russell: Exactly. Commissioner Carollo: Well, maybe -- Vice Chair Russell: And so, we have a motion, we have a second. We could -- Commissioner Carollo: I need two more questions. One: Francisco, this other place that they're talking about, the Organic -- whatever. When did that come up before this body? City of Miami Page 149 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Six months ago? 2019 at least. Mr. Garcia: Our best memory is in the month of June of last year. Commissioner Carollo: Okay. Did it come up in the CA (consent agenda) or --? Vice Chair Russell: PZ (Planning and Zoning) agenda. Mr. Garcia: No, sir. It would have also been -- Commissioner Carollo: PZ -- Mr. Garcia: -- a Planning and Zoning item); yes, sir. Commissioner Carollo: Okay. Chair Hardemon: And Commissioner, I want to -- and I also want to refer back to -- I remember, because the gentleman made a comment regarding a statement. The MiMo-ish" is a statement that I made. And the reason I made that statement was because for all of my dealings with MiMo, that mural had been there, as was put on the record, for two years before someone had made a complaint about it. And so, you know -- Commissioner Carollo: Are there any pictures of that mural that anybody has here, or could be brought up -- Vice Chair Russell: Organic Bites' mural? Commissioner Carollo: -- if not there, in the internet or not so I could see --? I mean, how visible is that mural; can somebody tell me? Commissioner Diaz de la Portilla: It's visible. Chair Hardemon: It's -- it is a mural that -- Commissioner Carollo: According to what they have -- Chair Hardemon: -- the typical -- Commissioner Carollo: -- how big is it, approximately? Chair Hardemon: It's a three-story building versus a small one-story building, and it's in a different part of the -- it's not -- like, their building, La Placita's building is prominent on the corner, and it extends three stories high. The murals on that building are not prominently displayed that way. And as I put it before, they had been therefor such a very long time, then it was complained about, and then we came to act on it. And then I just want to make reference to what was said on the record that that won't be permanent there; that because they appealed it, because they took it up to where they took it, and they came to an agreement, it's supposed to be in compliance in the future. And so, then this one won't be in compliance in the future. I think that the option that -- you know -- we presented them, which is to make everything (UNINTELLIGIBLE) -- Commissioner Carollo: Well, when -- can you state when in the future it's supposed to be in compliance? City of Miami Page 150 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Ingraham: I'm afraid, Mr. Commissioner, I can't get into the details of the settlement agreement. Chair Hardemon: So (UNINTELLIGIBLE)? Mr. Ingraham: However -- Chair Hardemon: Not even when? Mr. Ingraham: No, I can't. Commissioner Carollo: Look, I'm not happy with everything that I'm seeing here, and let me lay into the record what I think has been happening. You guys are shrewd businessmen; not a hair on any of you -- I know you got a different cut, but you guys are -- yeah, you guys are sharp. No one took you for a ride, because, whether it's Miami, whether it's San Juan, or any other country, everybody knows that Police does not handle code, zoning, unless you're in Cuba or you're in Russia, or China, or a place like that, maybe, but not in democratic civilized countries. So I don't know why you would think, just by going to the Police Department, you would get a legal permit. Maybe you could enlighten me with that. Mr. Cancel: Thank you, Commissioner. Number one, and we -- in the last hearing, we shared with Commissioner de la Portilla information that he requested regarding the permit expediter, Project "X, " Mason Fritz. He was the professional appointed by us, and paid by us to go to the City. He went to Building, he went to Zoning, he went to Public Works; he went to every single department. And we started complying with every single request of insurance, everything. We were during the holidays. We were in December. And at that point, when someone in the City asked him -- and he was ping ponged from every department -- "For how many days do you need the permit?" He stated, "Only for one day, because this is going to be one painting of one whole day." And they say, "Well, you have to go to the Police Department. " So he was referred by the City from every single oj5ricer at Zoning, Building, Public Works, and he ended up being referred -- we weren't the ones going to the Police Department and saying, "I want an application for a permit, so I can paint a building. " That was not the case. That is -- Chair Hardemon: So why did you never --why did you -- We talked about Mason Fritz before. Mr. Cancel: Right. Chair Hardemon: I asked you for his phone number. You didn't give it to me. Right? Mr. Cancel: I gave -- Chair Hardemon: No, no, no. Mr. Cancel: --you the information. Chair Hardemon: I asked you for his phone number before Commissioner Diaz de la Portilla was here. Mr. Cancel: I provided the information to you. City of Miami Page 151 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: You did not give it to me; you absolutely did not give it to me. Once again, you're making -- you're referring to things that he did. (UNINTELLIGIBLE) watch. I was here. I had -- I wrote it down. Mr. Cancel: Commissioner -- Chair Hardemon: You're referring to him again. You're telling us what he did. Mr. Cancel: Right. Chair Hardemon: Right? This is someone who obviously deals with the City on a continual basis in other permits, and that's why you hired him, because he was someone that I assume is reputable, and you believe will get you to where you needed to be. Mr. Cancel: Mm-hmm. Chair Hardemon: He's not here. He never testified on your behalf. He never sent any letter to say that he was in agreeance with what you're saying. And why my issue is -- because I believe that you're not forthcoming to us. And so, what that makes me believe is that you're using -- you're telling us what he did, and he's not here to confirm it. We can't ask him under oath what it is that -- exactly that he did. And I would bet that if he was here, he would tell us that he told you exactly what you had to do to make it happen, and you did not want to do it, because you wanted to have that restaurant open and that mural put up on that day that you had a special event permit for. Mr. Cancel: I am under oath, sir. Chair Hardemon: No, I got that part. Mr. Cancel: I am under oath. Chair Hardemon: I got that part. Mr. Cancel: And I am telling you that that's an assumption that doesn't reflect the truth at no point. And we can call Mr. Fritz Mason to be here on the stand, and to relate everything that has to do with this, because you're making an assumption based on your experience, based on -- I don't know what other conclusions. But I'm saying for the record, at no point Mr. Fritz Mason came to us and say, "Listen, you need a Certificate of Appropriateness. This is not sufficient. " He said, "This is the permit that I was referred to, and with that, you can continue." And I was the one coming personally to the Police Department Events -- Special Events Division, and I was the one paying and getting the permit with my own hands on the 27th day of December, 2018. And at that point, I called, and I say, "We're good to go. You are able to put the boom in the 68th Street, and we can start. " That's as simple as it gets. Commissioner Carollo: But regardless of everything else, we've had testimony here that states that that same day, you had a Code Enforcement officer who went and told you, you were in violation; that you should stop. Mr. Cancel: That's right. Commissioner Carollo: I would assume that the reason you didn't stop, because you had the Mayor there. You felt that, 'A" -- you know -- and I understand that -- you were protected. Then after that, other things happened with the Mayor. Then the City Manager is going, eating over there, he's tweeting, and it would make anybody City of Miami Page 152 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 feel that, "Hey, I'm protected, " you know, "I'm okay, " you know, "I'm okay, you're okay. " Now, I'm going to tell you what really in addition bothers the heck out of me. You know, you guys think that you have certain people that carry some weight with the Hispanic media and so on; that, because of that, some of us are going to cower. Let me assure you that my vote -- you know -- if anybody wants to come at me -- you know -- you could line up with those others that are lining up against me. That doesn't bother me, whatsoever. I don't believe what you guys have told meat all. At least I have to compliment you. I guess someone gave you some good advice, and the arrogance that we all saw at the last meeting has been really toned down, so I thank you for that. But I think you guys are shrewd businessmen. You know what you're doing; just like I saw you take your cue from some people that I won't mention that were there before you would answer certain questions that were asked before. I understand what's going on. But here's my problem, and this is where I have to cut the line: Regardless of what I feel that you guys are no angels, you knew exactly what you were doing, this has got nothing to do -- and the neighbors, if they like salsa, if they don't or anything else, and we can't make decisions based on that. But Mr. Deputy City Manager, can you come up, please? Please. Anything that I say, you could certainly answer, and you have a right to some time in rebuttal. I will make sure you get that. Joseph Napoli (Deputy City Manager): Thank you. Commissioner Carollo: Mr. Deputy City Manager, on December the 12, I believe, I made a presentation here that I clearly showed that the City Manager, your boss, had presented a 20 plus year -old survey; that the original one didn't have a 24-by- 24 foot deck, but that one somehow miraculously did. I also stated that there were no permits on file anywhere for that deck. Before I showed that, I showed how Agent Orange had come through that property, and huge trees had been cut down. I even showed where the hole was left after the stump was grinded, and then how the following year, it was covered by the 24-24 foot deck. Other trees had been cut, what appeared to be more than 25 percent. This one covered an area of about 2,500 square feet or more. That one disappeared. You had a huge royal palm, a smaller one that disappeared. Have you sent anyone from Code, from the arborist that we have to cite that property? Vice Chair Russell: Commissioner, I'd like to allow that discussion, but I'd like us to dispense with this -- Commissioner Carollo: No. Well, no, but this has -- Vice Chair Russell: --and I'll tell you why. At this point -- Commissioner Carollo: -- no, it does. I'm sorry. Vice Chair Russell: No, I understand you'd like to speak about this. Commissioner Carollo: Listen, if you -- Vice Chair Russell: And I will -- once I pass the gavel, absolutely, this is permissible discussion, but it has nothing to do with this appeal, and at this point -- Commissioner Carollo: -- well, I'm sorry -- Vice Chair Russell: -- we're only giving ammunition -- Commissioner Carollo: -- but for me, the two questions is -- City of Miami Page 153 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: -- to their challenge to our -- Commissioner Carollo: -- there are two questions that I need. This is one, and then I'm going to go to a second one to be sure, because they all have to do. You can't in this City enforce some laws and not enforce others. Vice Chair Russell: Agreed. Commissioner Carollo: So, Mr. Deputy City Manager, can you answer the question that I asked? Have you sent anybody over -- Mr. Napoli: The answer is, "no, " Commissioner. Commissioner Carollo: And why haven't you done that? Mr. Napoli: I don't have a good answer to that, Commissioner -- Commissioner Carollo: Excuse me? Mr. Napoli: -- other than that I know this is under investigation by the Auditor, and I don't have any other answer. Commissioner Carollo: And what does that have to do with you sending Code over on clear violations, that the minutes are there of what I showed? The record is clear. Outside of him being the City Manager and your friend, are there any other reasons? Because residential properties in the City, I can only think of one time -- and certainly, this is what I'm told by numerous employees -- only one property that has had more than two or three departments -- in this case, there were at least four departments -- that they sent a small task force to work over, residential property. And you forgot to contact the owner of that property about that. But outside of that you've never done that with anyone else. And I'm not expecting you to do that, but I am expecting you to enforce our City Code. So how in the heck can anybody expect me to drag them through the coals right now if you just heard that the City Manager of the City has done what he please, and his Deputy can't give me an answer why he hasn't sent Code Enforcement to write him up, whatsoever? And this is not the only problems that are there; I just haven't brought up the rest. He decided to resign, so for the meantime, I've kept the powder dry. Now, my next question: You're telling me -- and I think I've heard this from the City Attorney that -- even though it's confidential -- but you entered into some kind of agreement with the other place that has a mural; that it's about one story. This is three stories. Ms. Cepeda: I'm going to try to touch this and put the picture back. Commissioner Carollo: Yeah. If you could put it up, it'd be great; it would be even more helpful -- Ms. Cepeda: I don't know the -- Commissioner Carollo: -- so you could get an idea, because -- Ms. Cepeda: -- there you go. Commissioner Carollo: -- I don't remember having seen it; maybe I did, but I don't remember. I certainly haven't been by there. Ms. Cepeda: In the meantime (INAUDIBLE) -- City of Miami Page 154 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Hannon: It's got to be on the mike -- microphone. Here. Ms. Cepeda: I apologize. In the meantime, if I may -- Vice Chair Russell: There it is. Ms. Cepeda: -- there have been so many incorrect things put on the record. These folks knew at a minimum of four days ahead of time -- as I stated in the last hearing - - the previous president before myself of the MiMo Biscayne Association, who is their business neighbor, told them they could not do this, and they needed the proper permits. Commissioner Carollo: Ma'am, I stated for the record that I don't believe them; I mean, I made that clear. So that, to me, is not an issue. The mural in the other place is this here? Vice Chair Russell: This is the Organic Bites mural on the monitor currently. Mr. Cancel: That's one of the murals. Commissioner Carollo: It's very small compared to the other -- Mr. Cancel: What for? Commissioner Carollo: -- I agree. The other one is huge compared to this. The problem is that you still have a mural. And unfortunately, as much as I might dislike it, we don't talk about one's bigger and one's smaller; murals are murals. Now, in your agreement that you reached with the court, with these owners, there is a time certain, as I think you mentioned, Chairman, where this mural has to come down? Mr. Ingraham: That's correct. Commissioner Carollo: That's correct. Okay. Well -- Mr. Ingraham: And I should say respectfully -- you know -- we're kind of getting lost in the weeds here. We -- you know -- we -- the reason I -- Commissioner Carollo: Look, I understand. Mr. Ingraham: --and -- Commissioner Carollo: I understand, and I -- Vice Chair Russell: Just a moment; one at a time, please. Mr. Ingraham: -- and in the spirit of the Commission's intent -- you know -- we have spoken to Placita. We're seeking a resolution. Chairman Hardemon actually has proposed an amendment that I think would satisfy the parties. I think Code Enforcement -- the Code Enforcement issue can be worked out, favorable to them. I think -- Commissioner Carollo: But what Code Enforcement issue? Mr. Ingraham: Well, we told -- Commissioner Carollo: The one with the mural. They got other Code Enforcement problems. City of Miami Page 155 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Ingraham: Well, we already heard from Code that there actually does exist a $65, 000 fine, and that it was duly noticed, and it was done properly. Commissioner Carollo: Well -- Mr. Ingraham: So that does exist. Commissioner Carollo: -- if -- Mr. Ingraham: And we're here ultimately to seek a resolution if that's -- Commissioner Carollo: -- I may, I need a full Commission here so we could end this today. Vice Chair Russell: They're here. Commissioner Carollo: Well -- Vice Chair Russell: Commissioner Diaz de la Portilla is walking up. Commissioner Reyes is right here. Commissioner Carollo: --okay. All right. Vice Chair Russell: So let -- Commissioner Carollo: Okay. Commissioner Reyes is here. Commissioner de la Portilla. I -- Vice Chair Russell: Thank you. Let me just set the table, please, so we can -- Commissioner Carollo: Okay. I am going to withdraw my second. Vice Chair Russell: Okay. Commissioner Carollo: And I am going to make a new motion. My new motion is going to be that -- Commissioner Diaz de la Portilla: Well, you can't -- (UNINTELLIGIBLE) the motion. Commissioner Carollo: -- this Commission finds that -- Vice Chair Russell: He was your second to the motion, guys. Commissioner Carollo: Well, if you could hear me. If I have a second, I have a second; if I don't, I don't. This Commission finds them in violation of the mural ordinance that we have in our Code. However, they do not have to take it down until the Organic Bites -- the deal they make expires; that Organic Bites has to take theirs down, so this way, both come down, and we have equal justice. Whether one is bigger, one is smaller, that's not what our Code talks about. It talks about murals, and, unfortunately, that is correct. And I see how big one is compared to the other. Vice Chair Russell: Thank you. There's a -- Commissioner Carollo: My motion -- City of Miami Page 156 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: -- the second was removed. Commissioner Diaz de la Portilla: Well, but I have -- Vice Chair Russell: Please, please, please. Commissioner Diaz de la Portilla: -- haven's had -- Mr. Chair -- Vice Chair Russell: I understand. Just to get order, the second was removed from the original motion. The motion dies. There's a new motion on the floor. Is there a second? Commissioner Reyes: Yes, I do. Vice Chair Russell: Seconded by Commissioner Reyes. Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: Okay. There are a couple of questions, and the City Attorney gave me some language that -- she said that we're in essence reversing the HEP Board decision. Correct, Madam Attorney? Ms. Mendez: Yes. You would be granting the appeal -- Commissioner Carollo: Do we have to reverse the HEP Board's decision by the -- Ms. Mendez: Right. Commissioner Carollo: -- taking this motion into effect? Ms. Mendez: Yes. You would be granting the appeal filed by Mr. Cancel -- Commissioner Diaz de la Portilla: I can read it. Ms. Mendez: -- and reversing the HEP Board's decision. Commissioner Diaz de la Portilla: I can read what you wrote if you want me to, as my motion -- or an amendment to your motion. Will you accept it? Because it protects us legally. Commissioner Carollo: That's fine. But I want to include in that -- you could include whatever she needs to make it legal on trumping the HEP Board's decision, but I want to include in there that however -- but they are in violation of the Code, but we are withholding any adjudication of coming at them until the time that Organic Bites, their time is up that they agreed to, and whatever secret agreement there was that they had to take theirs down. The day Organic Bites -- whatever date that is, and we don't know, we haven't been told -- has to take theirs down, then that same date, they have to take theirs down. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla, you have a friendly amendment? Commissioner Diaz de la Portilla: No. I think he explained it, but we have to make sure the amendment -- the motion includes that we're reversing the HEP Board decision. Commissioner Carollo: Yeah. City of Miami Page 157 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: And we grant the Special Certificate of Appropriateness to allow the existing flag to stay until the day that the Organic Bites mural is removed. Correct? Commissioner Carollo: That is correct. Vice Chair Russell: Does your --? Commissioner Carollo: And I don't want you guys to think at all that you hoodwinked me -- Commissioner Diaz de la Portilla: I would also -- Commissioner Carollo: -- because I haven't believed anything that I've been told. Commissioner Diaz de la Portilla: -- recommend that we add to your motion if you're amenable to it, Commissioner, is that we recommend to the Code Enforcement Board that they eliminate the $65, 000 in fines imposed on them. Commissioner Carollo: Well, let's get the City Attorney's opinion on that. That's a different story. That was prior. Madam City Attorney, what happens to the 60 -- 65,000, whatever it is of fines that they were there before? Are those wiped out or not? Ms. Mendez: No. They would have to go before the Code Enforcement Board to ask for a mitigation of fine. Commissioner Carollo: Okay. All right. Commissioner Diaz de la Portilla: But we will recognize -- Ms. Mendez: If the Commission wishes to recommend to the board -- Commissioner Carollo: I think that should be a separate motion. I don't want to include that in this motion. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: I want to leave this motion as is. Ms. Cepeda: I have a question -- two questions. Vice Chair Russell: You're recognized. Ms. Cepeda: What happens to our district, and what happens to our guidelines? Vice Chair Russell: What hap -- I'm sorry -- what happens to --? Ms. Cepeda: What happens to our district, and what happens to our guidelines? Vice Chair Russell: I can't hear the second one. What happens to our --? Chair Hardemon: District and guidelines. Ms. Cepeda: What happens to our district, and what happens to our guidelines? Vice Chair Russell: Your guidelines. He doesn't -- City of Miami Page 158 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: The same thing that happened to the Manager's house, as you heard here. So we either enforce all laws, or we don't enforce any. Ms. Cepeda: So -- Vice Chair Russell: Please, please -- Ms. Cepeda: -- you're turning us into a sacrificial lamb -- Vice Chair Russell: -- stop, please. Ms. Cepeda: --for all the hard work we did that the City couldn't do for the district that we cleaned up. Vice Chair Russell: Please, you're not recognized. Ms. Cepeda: So you're going to wreck a district -- Vice Chair Russell: Please, ma'am -- Ms. Cepeda: -- that has rebuilt itself. Vice Chair Russell: -- you're not recognized. I understand your frustration. This does nothing to your guidelines. This does nothing to change the district. What -- I will not be voting in favor of this motion, because I do not believe it's enforceable. We do not know the terms of your settlement. We do not know when the other mural's coming down. It sounds like a fair "eye for an eye, " but I don't see it as an enforceable issue here. Furthermore, I don't -- the mitigation of fines was offered from the original motion as a way to alleviate their additional cost of coming into compliance with the neon, so I'm not in favor of mitigating that much fines for folks who knew they were in violation. So I'm not in favor of the current motion. I understand where it's coming from, I understand your frustration, but I'll be voting "no" on this motion. Hilton Napoleon: Mr. Commissioner, may I have --? Chair Hardemon: May I be recognized? Mr. Napoleon: I'm sorry, Mr. Commissioner. Vice Chair Russell: First the Chairman and then -- Mr. Napoleon: Okay. Thank you. Chair Hardemon: So as the representative of this district, I will say that I would have appreciated if the motion would have been more towards like an offering to the district Commissioner, for me to consider what we should do in this case. Vice Chair Russell: Yeah. Chair Hardemon: I think -- you know -- we just denied an application two resolutions before for a Commissioner's district, and he had unanimous support. Here, my issue with the motion -- and the one thing I would say is this: Is that I will tell you, Commissioner Carollo, that with this, you're a consistent man. You are consistent with your issues that you have with Code Enforcement. You are consistent with your issues that you have with the Mayor regarding Code Enforcement. You're City of Miami Page 159 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 consistent with the issue that you have with the Mayor -- the Manager, regarding Code Enforcement. And so that, I see where you're going. Commissioner Carollo: I don't feel good about what I brought forward, Commissioner, and I stated before, and I'll stand by that, and I'll say it again, I think you took a courageous stand, and I applaud you for that. And this is not anything personal with you as the district Commissioner. I think you have fought like, frankly, I expected you to fight for your district. My problem here has been, as I pointed out, we're protecting some people; others, we're not. The reason we've gotten to the point that we we've had -- gotten to with these people has been because of the Manager that we've had. He's allowed this to happen. I mean, how outrageous can it be that he knows what's going on, and he goes there to have dinner, and then takes his selfie and publishes everywhere. And I know even more that went on that I'd rather not even get into it here. But the bottom line is that they never should have settled on that other mural, because by them settling on that other mural, they put us in harm's way, because they can go to a court of law, and they're going to get a lot farther than we might think because of that. Vice Chair Russell: Just to clarify, we settled on the other mural. Chair Hardemon: To finish my statement, it was the last hearing. I publicly stated that I was sorry for what I did when I requested that we approve that mural, because someone would use this in such a deleterious manner towards that district. The district -- you know -- I was trying to help protect the district, but also be fair to business owners. Commissioner Carollo: I think you were. I think you were. Chair Hardemon: And that action has been met with what I believe to be disingenuous intentions, and it's been perverted to cause this harm that we're looking at right now. And so -- you know -- I said then that -- you know -- I wish I had not done it. And my -- the only issue I have with the motion -- and this has nothing to do with the -- I agree with Commissioner Russell when he talked about the fines, and it was be -- having to do with necessarily the -- allowing the neon to be put up as a way of kind of like reducing the cost of making everything happen. The language that we're talking about, approving -- if this organization that's before us, this owner said to us, "We thought we could paint this mural, because the police said they" -- "on the police permit for special events that it identified the activity that was there. " If this sophisticated organization would say that, you can bet your bottom dollar that they're going to say, "The City of Miami, on January 23, approved our appeal, and gave us permission to be here, " and because of that, we can -- the City of Miami cannot take that away; it cannot use that language that it comes down when the other one comes down, et cetera. And I think that a more final decision would be allowing them to use the neon sign, and let's be done with it. I think there's going to be -- this is going to kick us in the butt, and I think that what's happened thus far is enough reason to know that it's going to kick us in the butt. And let me tell you, if you guys were to tell me about something that was going on, on Southwest 8th Street having to do with certain signs or murals, and it wasn't allowed or -- Commissioner Carollo: You want to go right there now? And I'll show you one that I pointed to the Code Director. Chair Hardemon: Well, now, what I'm saying is that -- Commissioner Carollo: And they haven't even cited (UNINTELLIGIBLE). Vice Chair Russell: One at a time, one a time, one at a time. City of Miami Page 160 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: My point to you is that I'd defer to you in that district. Commissioner Carollo: Yeah. Chair Hardemon: I would do that. I would defer to any Commissioner in their district, unless it was something that truly, truly had some monumental City effect, and this is not one of those things. Commissioner Carollo: Commissioner, I have to admit to you publicly, I'm troubled with this decision that I'm making; I am, because I think you're doing what is correct. But with everything that I'm seeing -- I mean, I just mentioned to you -- I didn't even want to go there -- my own district. I have huge signs -- not as big as these guys, but believe me, huge that's been there for months, and months, and months. And Code hasn't done anything. I showed it to the Director as we were passing by, not targeting anybody, because we went through the whole district. This one didn't come up in anything, and it hasn't been touched. There's another huge one there, too, more in tune with what they have that nothing's happened to. So what I'm seeing is that depending on who's in the "A" team, some people get protected, some don't. These people were being protected in the beginning, I feel -- or they certainly thought so. But how can I, with good conscience, seeing that there's another mural there like that, even though it's smaller? I just pointed out two examples to you in my own district. Take a different attitude. When I get the Deputy Manager and I asked him, "Why hasn't the law been enforced in the Manager's own property?" And he says he doesn't know. Well, then, who's in charge of the City? Who's enforcing our laws? The Code Enforcement Director, she could say whatever she wants. She's been told when to look the other way, or when not to look the other way. And if anybody wants to challenge me on that, believe me, I'm ready to salsa on that one. Chair Hardemon: I want to say one thing. So I want to -- Vice Chair Russell: Commissioner, no, please. Chair Hardemon: I'll say one thing. Vice Chair Russell: This -- I believe at this point, we're going to contain the discussion to the dais. I believe both sides have had sufficient time to make their case for why this should or should not -- this appeal should or should not be granted, and we're going to come to a close on this, because otherwise, we could talk all night. Commissioner Hardemon, you're recognized. Chair Hardemon: Commissioner Carollo, I want to make -- I want to tell you something, and this is personal to my family. My grandmother's house was cited for Code Enforcement violation. She did not come into compliance. Obviously, not my grandmother who caused it. Code Enforcement Board met, and it was determined that she was not in compliance, and she would have a running fine. They can confirm from Code Enforcement that they have that running fine going until they have come into compliance. They have yet to come into compliance. And I don't believe that the fine should stop until they come into compliance. I think that's fair, that's the law. And the fact that we are not in compliance at this time is not reflective of everyone who believes it -- that it should be -- who should -- it should come in compliance. It's because of the decision -making of certain individuals involved with it. But my point to you in that is that I'm not doing anything different -- as a matter of fact, I'm doing a lot of things different than I would do for my grandmother in the sense that she has that violation, she has to face the consequences of that violation. She should come into compliance. Here, I offered money for them to come out of City of Miami Page 161 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 compliance -- come into compliance. Here, I made another offer to say, "Please do it this way so you can come into compliance. " Here, I'm being ignored. So in my good conscience, how do I treat -- you know -- my grandmother one way and say, "This is what you need to do, " but then, to an organization that can hire lawyers and employ people, and travel wherever it may be, I don't request the same, and that's how I look at it. Commissioner Carollo: And I'm going to tell you -- Chair Hardemon: So I know you need a motion. Commissioner Carollo: -- why your grandmother probably has not come into compliance. Because the system is there to destroy the average Miamian, and especially senior citizens, that makes it next to impossible if they want to go into compliance to be able to do so. Even when someone wants to tear down something that was built before they bought their property, the -- what the City makes them go through is living hell. I assure that I am going to be bringing some legislation up in the very near future to relieve Miamians, residents of Miami of all sectors and residential properties of a lot of that burden, because what is happening here is unjust, it's incorrect, and nobody gives a hoot about it. If you don't hire an expediter and you're a private resident, you're lost. And that expediter and the whole process that the City makes you go through is thousands of dollars, on anything, any little thing. They make you send notifications all over the City in certain things, and then half the organizations that you're supposed to mail it to citywide don't even exist anymore. I mean, it is unreal. So I could understand the pain that your grandmother has gone through. But having said that, I will not be voting -- Chair Hardemon: We got a bad actor in my family now. Commissioner Carollo: Excuse me? Chair Hardemon: I said we have a bad actor in my family. Commissioner Carollo: Well, look -- Vice Chair Russell: Commissioners, we've gone so far astray from this appeal. Commissioner Carollo: -- let me say this -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: I'll recognize Commissioner Diaz de la Portilla, but we need to bring this into directly deal with this appeal, and nothing else. Commissioner Diaz de la Portilla: I have one more question. Commissioner Carollo: Call the question. Commissioner Diaz de la Portilla: Just one question. Vice Chair Russell: Just a moment. Commissioner. Commissioner Diaz de la Portilla: Before we call the question, I have one more question of Mr. Garcia. Was Organic -- just for my edification, was Organic Bites ever fined? Mr. Garcia: I'm happy to look into that. I don't know that at present, sir. City of Miami Page 162 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: They must have been to have gotten as far as they did. Commissioner Diaz de la Portilla: Well, we don't know. We don't know if they were or they weren't. But my problem with this -- and I'll be very brief -- is I sense unequal treatment, and that's why I think when Mr. Carollo -- Commissioner Carollo's doing is the fair thing to do; that what's good for the goose is good for the gander. If they have -- If Organic Bites is allowed to have their mural, then La Placita should be allowed to have their mural for the same amount of time. It's a question of fairness to me. You know, the HEP Board, the legalities, all that's fine. But to me, I'm up here to do what's fair and what's right. It's a question of fairness. And with that, I call the question. Mayor Francis Suarez: Mr. Chair, if I may? Chair Hardemon: Can we clarify what the question is? Commissioner Carollo: I second that. Mayor Suarez: To vote on it. Chair Hardemon: No, no. I don't know what the question is. Commissioner Carollo: Call the question. Commissioner Diaz de la Portilla: I called it already. Vice Chair Russell: So the -- well, the question is clear. We have a motion and a second to allow La Placita to keep their mural as long as Organic Bites gets to keep their mural. Commissioner Carollo: Until Organic Bites brings theirs down? Vice Chair Russell: Correct. Commissioner Carollo: According to whatever agreement there was that we don't know about it. Vice Chair Russell: Correct. So it's actually an open date. We really don't know when that date is, and I don't know how we're going to enforce it, but that's the motion; there's a second. Mr. Mayor, you have a comment? Mayor Suarez: Yeah. I just want to say very briefly that no one is being protected in the City of Miami. These gentlemen invited me to an event, which I went to. I thought it was going to be a very positive event. Unfortunately, it became very contentious. They were fined, and they have gone through the process, which is this HEP Board appeal; that is the process. At the end of the day, it's for this body to decide whether or not they want to grant the appeal, whether they want to deny the appeal. So no one was protected in this case. They were cited. They have a running fine, which you've all talked about for -- at length, and they've gone through the process. In the process, the Commission has the right to choose who they want to win or lose, or how they want to decide the process, and that's the way the process works. Thank you, Mr. Chair. Vice Chair Russell: Thank you. Commissioner Carollo: Okay. Chair, ifI -- City of Miami Page 163 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Napoleon: Chair, I promise it'll be one minute. I promise. I've been here all day. I didn't even have an opportunity -- Commissioner Carollo: Will you call the question, sir? Mr. Napoleon: They stuck into our time. Commissioner Carollo: I call the question. Commissioner Diaz de la Portilla: I recommend you quit while you're ahead, I think. Mr. Napoleon: I understand that. Commissioner Diaz de la Portilla: So let's do -- Mr. Napoleon: You know what? As an attorney, I understand that. I withdraw. Vice Chair Russell: Thank you. All in favor of the motion, say "aye. " Commissioner Diaz de la Portilla: Aye. Commissioner Carollo: Aye. Vice Chair Russell: All opposed? Chair Hardemon: Against. Vice Chair Russell: Against. 3-2, motion passes. Thankyou very much. (Applause). Chair Hardemon: Call our attention to Item PZ.12. Commissioner Carollo: Before they go, so they won't be as happy as they seem, the - - since we don't know who is in charge of this City anymore, the Code Director, if she's here. Madam Code Director, I would -- Ms. Valencia: Adele Valencia, Director of Code Compliance. Commissioner Carollo: --fully expect that any noise complaints or other legitimate complaints that you get on this Placita that it would be handled appropriately, and not ignored, looked the other way, or brushed under the rugs, or let a police officer that's being paid cash shoo the Code Enforcement officer away. I would expect that you would follow the law, and do what's appropriate. I'm not saying that you're not doing it, but I just want to put it on the record that we're politely asking you to follow our laws in this particular place, along with the rest of our City. Ms. Valencia: Thank you, Commissioner. If I may, in the 11 months I've been here, I've done my level best every day to follow the law, and to support a complex and essential department. In the case of this location particularly, we have numerous noise tickets. Every time we have a complaint, we respond to it, and cite accordingly, and proceed through the process, as normal. Commissioner Carollo: Would you be so kind as to send me in a copy, in particular, to Commissioner Hardemon and the rest of the Commission -- all the complaints for City of Miami Page 164 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 noise or any other Code violation that you have received there, and what is the status of all that? Where is it at along this long process that we have and everything? Ms. Valencia: Gladly, sir. I believe that you all received for the last item a substantial packet. Some of those citations predates my tenure and they describe exactly the actions taken. Commissioner Carollo: Well, if you could send a full package, up to date, on everything that you have there. Ms. Valencia: I'd be delighted. Commissioner Carollo: And if there's anything that's supposed to go to Code, or a magistrate, or anybody else, if you could please inform us of that, also, in that package. Ms. Valencia: Thankyou. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes. Commissioner Reyes: Can we -- Chair Hardemon: We're on PZ.12. Commissioner Reyes: -- PZ.12, try to finish it? It's going to be 10 o'clock, and some of us have to -- Chair Hardemon: I know. That's what I want to do. Commissioner Reyes: -- get up real early tomorrow. Chair Hardemon: I may go home. Vice Chair Russell: I'm going home. Commissioner Reyes: Okay. Can we -- Chair Hardemon: Madam City Attorney, can you read into the record Item PZ.12? Commissioner Reyes: --expedite this? Ms. Mendez: Chairman? I'm sorry? Chair Hardemon: Read into the record Item PZ.12, the title. Mr. Garcia: If I may, Mr. Chair? And again, in an effort to be clear and to set enforcement actions going forward as pertains to La Placita, I need to inform the Commission that at present, my understanding is that based on your action just now, La Placita is in compliance. Chair Hardemon: That's what the action was; that they're in compliance. City of Miami Page 165 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Garcia: And the reason I say that is one could expect that they will be going forward to the Code Enforcement Board to seek full mitigation of their fines, and they would likely be entitled to do so. I want to renew that information. Commissioner Carollo: Well -- Vice Chair Russell: That was not decided here though. We did not make that recommendation. Chair Hardemon: But they're going to say -- what they're going to say is that, "We are in compliance, " and they're right, because this board decided that they were in compliance. (MULTIPLE PARTIES SPEAKING IN UNISON). Ms. Mendez: As of today. Commissioner Carollo: As of this date. Ms. Mendez: As of today. As of today. Commissioner Carollo: But previously, they were not, so those fines still stand I will not vote today or any other time to recommend to the board that those fines be taken away. It's going to be up to that board to decide what they want to do. Commissioner Reyes: Yes, sir. Commissioner Carollo: And I hope they keep them. Commissioner Reyes: All right now. PZ.9 ORDINANCE Second Reading 6797 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor- PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINA USES IN "CS", CIVIC SPACE TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.9 was continued to the February 27, 2020, City Commission Meeting. For minutes referencing Item PZ.9, please see "Order of the Day. " City of Miami Page 166 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.10 ORDINANCE Second Reading 6798 MAY BE DEFERRED Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor- PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM"; AND ARTICLE 3, SECTION 3.14, TITLED "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO MODIFY THE AREA MEDIAN INCOME FOR WORKFORCE HOUSING IN THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.10 was deferred to the February 13, 2020, City Commission Meeting. For minutes referencing Item PZ.10, please see "Order of the Day. " PZ.11 ORDINANCE Second Reading 6759 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING 0.53 ACRES OF PROPERTY LOCATED AT APPROXIMATELY 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA FROM "75-L," URBAN CENTER — LIMITED, PARTIALLY TO "75-R," URBAN CENTER —RESTRICTED AND PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND BY CHANGING 8.91 ACRES OF THE PROPERTIES AT 1535, 1545, AND THE REMAINING PORTION OF 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA FROM "76-12-L," URBAN CENTER — LIMITED, PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND PARTIALLY TO "75-R," URBAN CENTER — RESTRICTED, RESULTING IN 2.25 ACRES OF "75-R", URBAN CENTER — RESTRICTED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, AND THE REMAINING 7.19 ACRES OF "D3," WATERFRONT INDUSTRIAL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13890 Citv ofMiami Page 167 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Re ABSENT: Russell Note for the Record. For minutes referencing Item PZ.11, please see "Public Comment Period of Planning and Zoning Items. " Chair Hardemon: Gentlemen, if we could bring our attention to Item PZ.11. As I understand, that may be an item that may not take us very much time, as I anticipate Commissioner Carollo: Okay. Chair Hardemon: -- could happen with other items. Commissioner Carollo: PZ.11 ? Chair Hardemon: Yeah. That's in Commissioner Alex Diaz de la Portilla's district. Victoria Mendez (City Attorney): Chairman, did you want me to read the title? Chair Hardemon: That would be wonderful. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: Mr. Chairman. Chair Hardemon: Is there a presentation that you want to do? You're recognized. Commissioner Diaz de la Portilla: The department -- I do believe the department has a presentation, but for applicable provisions of Miami 21 and Florida law, I'm disclosing that I met with the applicant and their lawyers on the 20th of January of this week. Chair Hardemon: You're recognized, sir. Francisco Garcia (Director, Planning): Thank you, sir. I'll be brief. I will mention to the Commission that the representatives of the property owner here are present, and also representatives of other interested groups along the river that may want to add some details to the record. But I will say this briefly by way of presentation: I think we are, if not 100 percent, very largely in that realm, regarding agreement on this, as we committed to you we would do at the last hearing. On first reading, we presented to you that the reason for the zoning change is basically to bring the zoning of this parcel in compliance with the already existing land use designation. The land use designation for this particular property is and should be marine -related industrial in that large portion of the site that fronts the Miami River. And in the area that is to the south and west of the property, it should be T5-R, which is the residential zoning designation medium density residential, which is a buffer that abuts the already existing residential area to the south and to the west. That is what the land use designation is today. What this zoning designation does -- or attempts to do is to correct the present zoning designation of T6-12-L, which is high density, high intensity mixed use, and reverts it back to again marine -related industrial and medium density residential. I believe that everyone is in agreement with that, and I City of Miami Page 168 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 would invite other parties to speak to it if the Commission so wishes. I will have two more details to present to you on the record. You may hear -- and if not, I'm happy to tell you that there is an issue of future amendments to what we term the working waterfront table of properties, which happens to be Appendage PA -I in the Miami Comprehensive Neighborhood Plan. This table of properties basically has a designation, and I think it is being handed out as I speak, basically has a set of designations or settings for all the properties in the working river that designate the properties as industrial, light industrial, etcetera. This property is presently designated as containing industrial development. There really is very little development there, but future development is intended generally to be industrial. Our commitment to the parties that we've interacted with is that any future amendment to that table of properties will be done through a public and participatory process, and certainly involving all the interested parties. I believe that satisfies everyone's interest. You may hear from them separately. And lastly, to close my presentation, I'm certainly happy to answer any questions. We believe that this proposal meets with the approval of the Miami River Commission, which we've worked with closely, and I hope it does, as well, with the Miami Marine Group. With that, I close my presentation, and I'm happy to answer any questions. Commissioner Reyes: Mr. Chair, Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: Let me ask a question. This is to preserve the working part of the river, so it will still be industrial, right? Mr. Garcia: Marine -related industrial; yes, sir. Commissioner Reyes: Okay, marine -related industrial, to preserve that area as part of -- the working part of the River of Miami. Mr. Garcia: Yes, sir. Commissioner Reyes: And is that a -- I mean, there is a demand for -- I mean, this is just marine businesses there still? Andrew Dickman: Thank you, Mr. Chairman. Andrew Dickman, Dickman Law Firm, Naples, Florida. I represent Miami River Marine Group, and including Antillean Shipping Company, and I appreciate City staff working with us, as well as the Miami River Commission. We all have met and discussed this. As you recall the first reading, we did not; we had very little notice of it, and this is complicated. When you read the staff report, there's a lot going on. I was the attorney that litigated all of these cases from 2004 through 2010, and I was happily, happily involved in working out a compromise with the City that resulted in the new Port of Miami River Sub -Element that was just handed out to you. One of the things that we were concerned about, as the Planning Director mentioned -- you know -- the devils are in the details. You know, while it sounds right to correct the zoning, a couple of things in the staff report were erroneous regarding the table, and I wanted to make sure -- and also regarding the documents that were in your packet showed the old Sub -Element with the 12 shipping companies that we litigated, we won, and should never even be in your packet, whatsoever. It's a document that no longer exists. So I appreciate that document, the new document that was the comprised document being put into the record. The other thing -- the final thing, really, is that maintaining that designation, "A, " in the Port of Miami River Sub -Element, it is Category "A, " which is only for industrial designated working waterfront properties. Even though the zoning is going back, it still will be that color in the map until such time as someone requests to change it. And as I mentioned with your Planning Director that we City of Miami Page 169 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 wanted to make sure that that would be done in a public forum. We believe that is a part of the Comprehensive Plan. It was intended to be part of the Comprehensive Plan. So in the same manner that it was adopted into the Comprehensive Plan, any amendments to it or changes to it have to be done in the same manner. I believe everyone is in agreement with that. The only thing we would ask is that you authorize or direct your Planning Director to issue something in writing so that it is memorialized. I appreciate the statements that are being made here today, but it's important to us, since it wasn't mentioned in your staff report, that it is crucial that it is memorialized that this will remain as a Category 'A" property, regardless of the zoning, until such time as it is requested to be changed, and that we get that in writing and get it into the record; very important to us for that. Otherwise, we -- through the work with the Miami River Commission, as well as City staff, I think we've narrowed all the issues down to that, so I don't think it's a big issue. I think my friend over there, Iris, is probably going to agree with everything I just said. Thank you. Iris. Iris Escarra: Good afternoon, everyone. Iris Escarra, with offices at 333 Southeast Avenue [sic]; joined today by Jorge Navarro, my co -counsel, and Brian Dombrowski. We're actually here on behalf of the property owner. This is a long time waiting that we've been asking to have the zoning corrected on this particular site, the comp plan; everything come back to what it was prior to the appeal. We have worked diligently with the City staff, as well as with the Miami Marine Group, and their counsel in order to make sure that everything on the property gets properly restored, and that's what we're here, and hoping that we'll have a vote on today. Thank you. Commissioner Diaz de la Portilla: I support the application. It's in my district. I support it, and I think it's a good compromised solution, and I think it's something that needs to be done, so I ask for a favorable vote. Commissioner Reyes: And I second. Chair Hardemon: It's been properly moved and seconded to approve Item PZ.11. Any further discussion? Seeing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Dickman: And just as a courtesy, if we could have dialogue with staff and get something in writing regarding the -- having any changes be done in a public forum. Is that okay? Commissioner Diaz de la Portilla: Well, I didn't move for that. I just moved the item. Mr. Dickman: I don't think there needs --just to instruct. Commissioner Diaz de la Portilla: Yeah, you just need to talk to them. Mr. Dickman: No, no, I just want to make sure of that. Commissioner Diaz de la Portilla: And just make an appointment. Mr. Dickman: Thank you. City of Miami Page 170 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.12 ORDINANCE First Reading 6930 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY "SUPPLEMENTAL AMENDING ARTICLE 6, TABLE 13, TITLED REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "75" - URBAN CENTER ZONE AND "76" — URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: I just want to have read into the record Item PZ.12. Victoria Mendez (City Attorney): PZ.12. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Is there any discussion? Francisco Garcia (Director, Planning): Only briefly to add to the record, and I apologize for interjecting that the Planning, Zoning and Appeals Board considered this item in the interim, but after the publication of the agenda, and their vote was unanimously in support of this amendment. Commissioner Carollo: Okay. Mr. Garcia: Thank you. Commissioner Carollo: Thank you. Chair Hardemon: Huh? Say that again. I'm sorry. What amendment? Mr. Garcia: The amendment that you're presently considering was acted on by the Planning, Zoning and Appeals Board. That was done after this agenda was published, and the rationale was to unanimously recommend approval of this amendment. Chair Hardemon: Okay, got it. Understood. Any further discussion? Seeing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 171 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.13 RESOLUTION 6931 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Zoning GRANTING/DENYING THE APPEAL FILED BY BECKER BOARDS MIAMI, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 19-0012 TO THE PROPERTY LOCATED AT 78 NORTHWEST 37TH STREET, MIAMI, FLORIDA BY NTWW, LLC. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.13 was deferred to the February 13, 2020, City Commission Meeting. For minutes referencing Item PZ.13, please see "Order of the Day" and "Public Comment Period of Planning and Zoning Items. " Chair Hardemon: We do have some supplemental items on the agenda; SI.1, ST2, ST 3, and ST 4. Are we trying to do those items, and do we want to dispose of those items? Commissioner Carollo: Can we do -- Vice Chair Russell: We have PZ (Planning and Zoning), as well. We still have some PZ remaining. Chair Hardemon: (UNINTELLIGIBLE) we have PZ. Commissioner Carollo: -- the remaining PZs, plus whatever items are on the regular agenda before we go to whatever is left on the supplementary agenda? Chair Hardemon: Commissioner, your district has an item, which is PZ.1. Commissioner Carollo: That's correct. Chair Hardemon: We'll call that one. You want to read it into the record? Commissioner Carollo: In fact, what I would suggest after we begin with that one, if you could find out who is here for what items so that people won't have to wait long, and we could dispose of them in that fashion; just a suggestion. Vice Chair Russell: If I -- is there a motion on the floor right now? Because I -- Chair Hardemon: No. I was just reading into the record PZ.1. Vice Chair Russell: -- within the order, I'd like to recommend a deferral of a few of the items, and maybe we can get them out of the way. Chair Hardemon: From the PZ agenda? City of Miami Page 172 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Yes. Chair Hardemon: Okay. Commissioner Carollo: Additional ones? Chair Hardemon: Commissioner Carollo. Vice Chair Russell: That we haven't dealt with yet. We spoke about it, but 13 through 15, the mural appeals. Commissioner Carollo: Okay. Chair Hardemon: Can you give us --? Vice Chair Russell: There are some running updates as we speak. It's a fluid situation, so I'd recommend we defer those to see how that works out with the State. I understand the two companies are speaking with each other. It may be a non -issue at the end of the day. Chair Hardemon: Is that -- is there no objection from the companies regarding that issue? Javier Avin6: For the record, Javier Avin6, with law offices at 1450 Brickell Avenue; no objections on our part. Chair Hardemon: And who do you represent? Mr. Avin6: We represent -- I represent Set Midtown, the owners of 78 Northwest 37th Street, and NTWW, the mural operator. Chair Hardemon: Okay. There's a gentleman standing next to you. Robert Fernandez: Yes, Commissioners. Robert Fernandez, RHF Law Firm, LLC (Limited Liability Company). I represent Becker Boards Miami, LLC. And, yes, the parties are in discussions to hopefully resolve the issues related to PZ.13, 14, and 15. So we have no objection to the deferment. Chair Hardemon: Thank you very much, gentlemen. We really do appreciate your diligence in working with us. Mr. Fernandez: Thank you. What date? Vice Chair Russell: February 13. Chair Hardemon: February 13? The motion by Commissioner Ken Russell was -- Commissioner Carollo: I second. Chair Hardemon: -- to move this item to February 13. It's been seconded by Commissioner Carollo. Commissioner Carollo: PZ.13, 14, and 15. Chair Hardemon: That is correct. Any further discussion on that? Seeing none, all in favor, say "aye." City of Miami Page 173 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. PZ.14 RESOLUTION 6983 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Zoning GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.14 was deferred to the February 13, 2020, City Commission Meeting. For minutes referencing Item PZ.14, please see "Order of the Day," "Public Comment Period of Planning and Zoning Items, " and Item PZ.13. PZ.15 RESOLUTION 7022 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of Zoning GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY LOCATED AT 70 NORTHWEST 37 STREET, MIAMI, FLORIDA BY BECKER BOARDS MIAMI, LLC. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.I5 was deferred to the February 13, 2020, City Commission Meeting. For minutes referencing Item PZ.15, please see "Order of the Day," "Public Comment Period of Planning and Zoning Items, " and Item PZ.13. City of Miami Page 174 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 PZ.16 RESOLUTION 6981 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF Department of THE SACRED HEART OF MIAMI, INC. AND Planning REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT- 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.16 was deferred to the April 23, 2020, City Commission Meeting. For minutes referencing Item PZ.16, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " PZ.17 RESOLUTION 6982 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF Planning THE SACRED HEART OF MIAMI, INC. ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION, RESTORATION, ALTERATION, AND NEW CONSTRUCTION OF A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS VILLA WOODBINE WITH FOLIO NUMBER 01-4115-010- 0111. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.17 was deferred to the April 23, 2020, City Commission Meeting. Citv ofMiami Page 175 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 For minutes referencing Item PZ.17, please see "Order of the Day" and "Public Comment Period for Regular Item(s). " END OF PLANNING AND ZONING ITEM(S) City of Miami Page 176 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NA - NON -AGENDA ITEMS) NAA DISCUSSION ITEM 7120 DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE City Commission RESIGNATION OF THE CITY MANAGER AND DEPUTY CITY MANAGER. FRESULT: DISCUSSED Chair Hardemon: Gentlemen, we've already read --the City Attorney's already read the procedures to be followed for the day. We've had our invocation. We have had our protocol. And so, now we'll be moving on to the -- Commissioner Carollo: Before we move on, Mr. Chairman, I need to make some point of clarifications that we need to have clarified. Last meeting some of us requested if we could have a date certain of when the City Manager was actually stepping down. He sent a letter of resignation; this Commission voted to accept it. We were told a week ago we would have that soon. We also asked the Deputy Manager that's leaving us about a letter of resignation; that he said he would provide one. I haven't seen one from the Deputy Manager, nor have I seen a date, when his last date is going to be. I haven't heard anything from the Manager. So before we get back to that, I want to go over the part of the Charter that I think we're having a problem with, and let me go right to it. And I'm going in Section 15, "City Manager Qualifications, Appointments, Term, Salaries, Sickness or Absence, Removal. " In the second paragraph, it says "The Mayor, subject to the approval of the City Commission, may designate a qualified administrative officer of the City to assume the duties and authority of the City Manager during periods of temporary absence or disability of the City Manager." Well, I don't know if any of you have seen the City Manager, but I certainly have not. I don't know of anybody that has seen him certainly since the last meeting that we had. So I have to assume that the Manager is absent, burning -- which he's entitled to do -- some of the sick time, vacation time, et cetera, that he has. So, Madam City Attorney, am I correct that if there's an absence, like the Charter clearly is stating, that the City Manager, during periods of temporary absence or disability that the Mayor has to name someone to replace him? I haven't seen anything come through my desk that says that he has named temporarily Mr. Napoli to address us. I'm speaking to the City Manager. Chair Hardemon: I want to allow the City Attorney to respond, then I'll call on you, Mr. Mayor. Mayor Suarez: Sure. Chair Hardemon: And then I also want to remind us that, you know, we have public comment. And so I want to make sure that we at least give the public an opportunity to discuss -- Commissioner Carollo: Well, they -- Chair Hardemon: I'm just saying -- hear me out -- Commissioner Carollo: -- always will. Chair Hardemon: -- to talk before we get into a long discussion about something that's not necessarily on the agenda. It's important. City of Miami Page 177 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Well, it's not on the agenda, but it's very important. Chair Hardemon: Yes, I certainly agree that it's important, but I want to make sure that our residents have an opportunity to speak, and then move on if they need to move on with their day. Commissioner Carollo: Commissioner -- Chair Hardemon: You're recognized -- Commissioner Carollo: -- thankyou. Chair Hardemon: -- Madam City Attorney. Victoria Mendez (City Attorney): Yes, Commissioner. It says that when the City Manager, during periods of temporary absence or disability, so we would have to ascertain if he's been absent. Commissioner Carollo: Has the Manager been around doing any kind of work, doing anything, Mr. Mayor? Mayor Suarez: Mr. Chair -- thank you, Commissioner. I spoke to the Manager yesterday. He indicated to me that he will be here on Monday. He also indicated to me that he believes the date certain for his resignation will be February 10. So I hope to -- before the end of the week -- provide that to you in writing, both that he will be here on Monday and that his date certain resignation will be February 10. Commissioner Carollo: Okay. Now that's good. We're moving forward and I appreciate it. But I still have a problem on today's meeting, tomorrow, Saturday and Sunday. The Manager has been absent from what I've seen -- and you certainly have not given me any information to the contrary -- for at least a week, maybe more, I don't know. So that's an absence. We're talking at least -- between that time and Monday when he's supposed to be here -- and I don't know if he'll be here for ten minutes, for an hour or if he's going to work all day. That wasn't clear but -- Mayor Suarez: I'll clarify a little bit. He said to me yesterday that the condition -- his wife's condition, which is what has essentially been keeping him away, has improved, without getting into obviously the details of their personal issues, and that he will be here on Monday. But if it makes you feel more comfortable, I can appoint the Deputy Manager. The City Commission can rates it until Monday, and I mean, that's one way to proceed if that makes you feel more comfortable. Commissioner Carollo: Well, I think that we need to follow the Charter. So if maybe -- Mayor Suarez: I think it's the Code. Commissioner Carollo: -- you could do that and you could bring it back to us, if you want, after lunch so that you don't have to be rushed into writing something real quick -- Mayor Suarez: That's fine with me. Commissioner Carollo: -- and we could deal with that. Mayor Suarez: I don't think it has to be in writing necessarily. City of Miami Page 178 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Well, it should be in writing. That's how, you know, we leave records (UNINTELLIGIBLE) -- Mayor Suarez: Well, we're on the record right now. Commissioner Carollo: -- (UNINTELLIGIBLE). Mayor Suarez: We're on the record right now. So I mean, if you want to do it now, we can do it now. But if you want to do it in writing, we can do it in writing; that's fine. Either way it works for me. Commissioner Carollo: I would appreciate it. Mayor Suarez: Okay. Commissioner Carollo: This way you get all the proper wording. Mayor Suarez: You want a written record. Commissioner Carollo: Your legal counsel -- Mayor Suarez: You prefer a written record (UNINTELLIGIBLE). Commissioner Carollo: --can advise you on what you should put down or not put down. Mayor Suarez: Okay. Commissioner Carollo: But I'm glad that the Manager's wife is feeling better. I was told that she was seen the week past shopping at Publix, so I'm very happy to -- Chair Hardemon: Commissioner, I'm going to -- Commissioner Carollo: -- that's confirmed. Chair Hardemon: -- move on with the business now that we have some clarification, okay? Commissioner Carollo: Well, I understand it but I do want to get some things out of the way that I think are important. Now you tell me -- I'm just a Commissioner, you know. That's all that I am. Chair Hardemon: So am I. Commissioner Carollo: Yeah, but tell me when I can have a few minutes to go over some very serious points of City business. Now I think you understand that what I just brought up is serious, because we're moving forward in violation of what the Charter says that we needed to do. Past mayors, including myself, followed that Charter when you had a temporary absence, so we all should follow that. Later... Mayor Suarez: And I just want to slightly -- Chair Hardemon: Mr. Mayor, you're recognized. City of Miami Page 179 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mayor Suarez: -- correct the Commissioner. It says, in Section 14 of the Charter, "The Mayor may designate. " May is M-A-Y, may; not "shall designate. " So I may designate; I may not. If it makes you feel more comfortable or the Commission more comfortable that I designate someone from now until Monday, then I will do that. And if you want me to do it in writing, I'll do it that way, as well. Commissioner Carollo: That's what I want. I will be very happy if you could bring it sometime -- Mayor Suarez: In the afternoon. Commissioner Carollo: -- either before we break or after lunch would be perfect. Mayor Suarez: We'll get it done as quickly as we can. Commissioner Carollo: Thank you very much. Mayor Suarez: I just want to be clear that there is no violation of the Charter. It says -- Commissioner Carollo: Well, the -- I -- Mayor Suarez: -- the Mayor "may. " Commissioner Carollo: -- believe that you have a duty to do that. Mayor Suarez: It says "may,"sir. Commissioner Carollo: Well -- Mayor Suarez: That's what it says. So may or may not. Commissioner Carollo: We'll get to it when we bring it up again. Later... Commissioner Carollo: Mr. Deputy City Manager, please let me know, first and foremost, since we brought this up the last time, when you're going to send us your ojficial letter of resignation, and when is going to be your last day. Secondly, please let us know when you're sending the environmentalist from the Tree Department, if you might call her that, and Code, to look at the matters that were brought up on December 12 on the Manager's homestead. Thank you. Chair Hardemon: This meeting is adjourned. NA.2 DISCUSSION ITEM 7121 DISCUSSION BY COMMISSIONER CAROLLO REGARDING THE City Commission SUSPENSION OF CITY OF MIAMI POLICE CAPTAIN JAVIER ORTIZ. [RESULT: DISCUSSED Commissioner Carollo: But you tell me when you feel comfortable that I could bring something else up, because I think we all need answers, so does the public, on some of the things that I just learned by pure coincidence in the news yesterday -- frankly, it was late in the day -- on Javier Ortiz. City of Miami Page 180 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: The -- Commissioner Carollo: I want to know what happened, not just that he's been suspended. Up until recently by the people who are protecting him in this Administration, he was treated like a hero, a king. He could come up here and insult some of us, in violation of departmental rules and regulations, and he would not be punished. All of a sudden, he is suspended, and we cannot be told why he's suspended. So I think we need to clear the air on that. Chair Hardemon: I think you're correct in that. Commissioner Carollo: But you tell me when you feel comfortable -- Chair Hardemon: But to answer your question, it's my recommendation as Chairman that we proceed with that discussion after we get through with the public comment. Commissioner Carollo: That will be fine. Chair Hardemon: And the body, of course -- this is a body that decides in and of itself when things can be addressed, but I would like to have the public comment, and then we move on to discussions about anything else we want to talk about. Later... Chair Hardemon: Okay. What I'd like to do at this point is maybe call the Chief of Police here so that we can address this issue regarding what happened most recently with one of our employees for the City of Miami Police Department. Jorge Colina: Jorge Colina, 400 Northwest 2nd Avenue, Chief of Police. Commissioner Carollo: Chief -- Chief Colina: Yes, sir. Commissioner Carollo: -- this should be very quick, to the point. I'd like a public reason why Captain Javier Ortiz was suspended. Chief Colina: So two quick points only, because it's been referenced several times today. I mentioned it last Friday when I spoke when Captain Ortiz came up previously and spoke the way that he did, that was obviously a Thursday Commission meeting. The very next day, the very next morning in my office, I called the attorneys into my office and asked, "What action can I take against the captain for his behavior?" And being that the discussions were related to collective bargaining, terms and conditions, union business, after conferring with his colleagues, I was told, no disciplinary action can be taken. That is what occurred. I did not disregard the behavior previous to Friday. In terms of Friday, I found the captain's behavior to be inappropriate. I found the captain's behavior, his comments, to be inflammatory and insensitive. Those are things that I have to consider in a decision. I cannot get into the specifics of the totality of why the suspension occurred. I'm not even at liberty to discuss what the length of that suspension would be, because I honestly just don't know that right now. But what I can tell you is that it is not related, not related to the issue of how he identified on the exam. That has nothing to do with this. It has more to do with behavior that day, along with several other factors that unfortunately -- and I hope you can understand, Commissioner -- that I cannot elaborate on. City of Miami Page 181 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Well, I don't want you to elaborate. There are numerous rumors, and I just take them at heart as being rumors. There's rumors here every day that he is under some kind of investigation by another agency. And if that's the case, that shouldn't be difficult at all or should there be anything in the Florida Statutes that would prevent you from confirming that, if that's the case; if it's not, then it's not. Chief Colina: Actually, I'd like to get the opinion of the City Attorney, because I -- honestly, I just don't -- this -- since this is a public forum, I don't want to make a mistake. Commissioner Carollo: I understand that. George Wysong: Good afternoon. George Wysong, Assistant City Attorney, City of Miami. When -- ultimately, this case may have a criminal component, may have a civil component, but ultimately will end up in Internal Affairs. And the Officer Bill of Rights indicates that the existence of an investigation against an officer is confidential under the Officer Bill of Rights, Section 112.532 and 112.533. Commissioner Carollo: If I could stop you for a second. I have not asked for anything -- Mr. Wysong. I understand. Commissioner Carollo: -- pertaining to the -- any investigation, if there is one or not. What I'm asking is a confirmation if there is one or not, period. That is different from anything that occurred here on Friday. Mr. Wysong: Yes, your -- I think the reticence is to -- once you start talking about the existence of an investigation, then other questions follow, so -- Commissioner Carollo: No. I'm not going to ask anything other -- if you, through the Police Chief, if he tells me that he suspended him because he was informed by another agency that there's an investigation, you know, I know not to ask anything else. Mr. Wysong: If you're sufficient with that answer, that's an okay answer to give. Yes, we can confirm that. Commissioner Carollo: Okay. Well, Chief, so -- can you elaborate on a 'yes" or "no"? Is there -- is your reasoning for suspending him is because that you have been informed there is an investigation of him by another agency other than Miami Police? Chief Colina: I can confirm that he was relieved of duty because there is an investigation, and there is another agency that is involved. That agency isn't necessarily working on its own. Commissioner Carollo: Okay. Well, that's sufficient for me to hear. I think that that's sufficient for all of us here, as a matter of fact, if I may speak for the body. Police Chief Colina : Now just by coincidence, as well, because of Friday's events, the manner in which the captain behaved, I just wanted to also be clear that that behavior was not acceptable to me and we were already in the deliberation process of what action to take. And so, I can't say that I would have arrived at the same conclusion or not, but I do want it to be clear that, as the Chief of Police, what I City of Miami Page 182 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 observed on that Friday afternoon was extremely disturbing to me, so much so that I even met with Commissioner Hardemon to speak directly to him and get his thoughts since he was the one that was engaged with him, what his perception of what had occurred there, just because of the amount of people that it was so (UNINTELLIGIBLE) clearly many were disturbed and offended, et cetera. Commissioner Carollo: But Chief, in all frankness, one thing is that he's suspended because there's an external investigation of him from another agency, whether Internal Affairs is working with them or not. Another thing is what you just stated, because his actions have been known to you, to the City Manager, to the Deputy Manager at least for the last two years approximately, since you've all been here. His actions have been known. The question about him claiming to be black was something that was out there; it's nothing new. He has been protected by this Administration, and that's why he felt so able of being able to do what he did last week, because he had been doing it before and he had no problem. So all that I wanted to make sure of is, one, that the public surely understands why he was suspended, the main reason. Secondly, I wanted to make sure that the City is going to be protected if -- because he's being thrown under the bus for other reasons that are not the ones that were stated that we were protected from that, because I'll be frank with you, as much as I feel that he should not be wearing a badge, at the same time, even someone like that I would protect if he is being fired so that others can pretend that they're doing their job that they haven't done for the last two years since I've been here. So that's all that I wanted to get across. I don't need any further explanation, unless any member of this Commission wants to ask anything else. I don't think that they would, because we've been very clear on it and now everybody knows the reason why he was suspended. Chair Hardemon: I will say one thing, before you speak, Chief. I don't know if, Commissioner Carollo, if you're right or if you're wrong about the Administration protecting him. But I will say that I feel strongly that a lot of his behavior, his antics, the things that he would do and say were more so protected by his status as president of FOP (Fraternal Order of Police) and that relationship with the Department where we know that statements that are made pursuant to bargaining, et cetera, are allowed and it's not punishable, if you will, because of the role that he's in. And I want to be very clear -- sir, you're here. I'm not necessarily calling on the FOP right now. I'm not going to say anything regarding you all that's defamatory or anything like that now. Thomas Reyes: And I don't take it that way. Chair Hardemon: Right. All I'm saying is that -- and now I know at the last hearing that Mr. Ortiz was here, he didn't speak on the behalf of the local FOP. If you can remember, now he has a role, I think in the State. Is it state or national? Commissioner Carollo: He did. As a matter of fact, he -- Chair Hardemon: So -- Mr. Reyes: He is the district director, which by virtue of that position, he's a state board member. Commissioner Diaz de la Portilla: But Mr. Chairman, a quick question. But the local FOP voted to allow him to speak. Was that my understanding? Mr. Reyes: There was a majority of our board who did want him to speak last Friday. City of Miami Page 183 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: And what was that vote count? Mr. Reyes: I don't have it off the top of my head. I think it was -- Commissioner Diaz de la Portilla: You don't remember? Mr. Reyes: -- it was maybe 6-5 or something like that. I don't get a vote as the chairperson. I only break a tie. But I think by virtue of his position, yes, he was here in official capacity. But I don't believe that -- Commissioner Diaz de la Portilla: But you authorized him to speak. Mr. Reyes: He was authorized to speak -- Commissioner Diaz de la Portilla: On behalf of the (UNINTELLIGIBLE) -- Mr. Reyes: -- on behalf of the union, but I think his -- the things he spoke about were personal in nature and not necessarily had anything to do with the lodge, so. Chair Hardemon: So -- and I'll allow you to live with that statement, alright? But that's -- so when I think about the issue, the police have a -- they have a -- you know -- if they're accused of wrongdoing, if there's -- if they're being investigated. They have a lot -- they have much more leeway than I would say than the average citizen would if they were accused of something and evidence is being presented against them before they make statements, et cetera. So, you know, it's just the nature of the beast created by the Florida Statute. And we didn't -- somebody I know might have helped create it but not -- Chief Colina: Thank you, Mr. Chair. The only thing that I'd like to add is that I don't have any interest here, whatsoever, to protect anyone. I've been the Chief for two years. I know that there's been a long history of issues with the captain. His career spans five different chiefs. I can only take action on the things that I can take action. And even then, obviously, they need to be within the law, within our own rules and regulations; otherwise, I would be no better than the person that's breaking the rules. And so, that's why I'd like to be as deliberate as I can be. It's why I always like to confer with the attorneys who ultimately have to defend the action, whether it's an arbitration for a firing or litigation against the Police Department or the City. Ultimately, they're the ones that are inside the courtroom. And so, what's prudent is to always, in my opinion, is consult, make sure that we're arriving at the right decision for the right reasons. And to your point, Commissioner, not necessarily to appease one group or another, but certainly things that we can all agree is the proper decision and the proper steps. Chair Hardemon: Commissioner Diaz de la Portilla; then I'll recognize you, Assistant Attorney. Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Chief, educate me. How do you determine whether you suspend someone without pay or with pay? Chief Colina: So that goes to collective bargaining. It is not a decision that I have the ability to make. In the contract it says that if you're relieved of duty that you're relieved of duty with pay unless that was because you failed to submit upon demand to a drug test. It's, I believe, the only element where then I have an opportunity or the ability to suspend you without pay. We recently had an officer that refused to provide a drug test that we demanded based on what we deemed was cause. The officer refused and so I relieved that officer of duty without pay, because it was within my authority. The other circumstances, I don't have the authority. I only City of Miami Page 184 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 have the authority to relieve you of duty, but I don't have the authority to take your pay. Commissioner Diaz de la Portilla: So a collective bargaining agreement -- if I may, Mr. Chairman -- only allows you to suspend them without pay for failure to take a drug test? Chief Colina: Correct. Commissioner Diaz de la Portilla: Interesting. Mr. Wysong: And I could clarify that just a little bit. There is another condition where if the ojfcer is incarcerated, in jail -- Chief Colina: Correct, yes. Mr. Wysong: -- they can be relieved of duty without pay, because clearly, the Department's not going to pay them while they're in jail. Chief Colina: Yeah. If you don't have the ability to -- because even when you're relieved of duty at home, you're still being given orders, which is you will remain at home. You cannot leave. You've got to call twice a day. If you do leave, you have to take time off, et cetera. So there, because we're controlling essentially how you're performing or what you're doing, which is you will stay home, you are paid. If you were in jail and you don't have the ability to do all those things, then we don't have to pay you. Commissioner Diaz de la Portilla: I have another question. Mr. Reyes, if you don't mind coming back to the lectern. Do your bylaws allow you to suspend a member of your board for the same reason -- Mr. Reyes: I don't believe it calls for anything -- Commissioner Diaz de la Portilla: -- if they're under investigation? Mr. Reyes: --for suspension, no. As far as the department, he is relieved of duty or suspended, as you would call it. He is still, as far as our membership is concerned, he's still a member in good standing. Commissioner Diaz de la Portilla: He's a member in good standing -- Mr. Reyes: Yes. Commissioner Diaz de la Portilla: -- even though he's been suspended -- Mr. Reyes: Correct. Commissioner Diaz de la Portilla: -- by the Police Department? Mr. Reyes: Correct. Commissioner Diaz de la Portilla: That's what your bylaws say or --? Mr. Reyes: That is how our bylaws --yes. Commissioner Diaz de la Portilla: That's what (UNINTELLIGIBLE)? City of Miami Page 185 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Reyes: He would have to be -- in order to not be a member in good standing with us, somebody would have to file a complaint on his actions. One of our members would have to file a complaint on his actions and we would have to take our course of our due -- of our internal due process, which would be an impeachment hearing and so forth. Commissioner Diaz de la Portilla: And the State FOP is the same bylaws? Mr. Reyes: It would be basically the same procedure, but at the state level. Commissioner Diaz de la Portilla: Okay, Mr. Chairman. And no one in your organization has filed a complaint? No one has (UNINTELLIGIBLE) --? Mr. Reyes: I have not received one yet -- Commissioner Diaz de la Portilla: Have you -- Mr. Reyes: --as far as locally. Commissioner Diaz de la Portilla: --filed a complaint? Has the vice president filed a complaint? Has --? Mr. Reyes: To the State? Commissioner Diaz de la Portilla: Yes. Any of the five people that (UNINTELLIGIBLE) --? Mr. Reyes: I believe there is a state complaint forthcoming but I have not -- it's not on paper. It's not completed yet, but I believe there is. Commissioner Diaz de la Portilla: But you're not happy with his actions, correct? Mr. Reyes: I do not agree with his actions. As his union president, though, I will defend his due process. And ultimately, it'll be up to the membership to decide whether we defend him or not. It's not my sole decision to make that decision. Commissioner Diaz de la Portilla: Will you bring it to a vote before you--? Mr. Reyes: Absolutely. The way we decide whether we're going to defend somebody is we have a Legal Defense Committee. The committee makes the initial defense or makes an initial decision, and makes a recommendation to the board. The board makes a decision and then ultimately, it falls back on the membership. Commissioner Diaz de la Portilla: So theoretically, he could come before this body and address this body on behalf of the FOP? Mr. Reyes: I don't believe that's going to be happening anytime soon, because as of right now, as the Chief said, he is on orders where he's not allowed to leave his house Monday through Friday, 8 to 4, I think it is, or 8 to 5, so I don't think that'll be happening any time soon unless he does it on his own time and takes a day off, which I -- Chair Hardemon: Or if he comes tonight. Mr. Reyes: I'm sorry? Chair Hardemon: Or if he comes tonight. City of Miami Page 186 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: Or after 5 o'clock, right? Mr. Reyes: That is a possibility too. I just -- obviously, it would not be in his best interest to do so. I know he is advised by our counsel not to do so and not to make any kind ofpublic statements. So hopefully he'll abide by that advice. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Mr. Chairman. Chief. Chief Colina: Sir. Commissioner Carollo: When an officer's suspended, is their badge and gun taken away? Chief Colina: Yes, sir. Commissioner Carollo: Okay. Chair Hardemon: Their service weapon. Chief Colina: I'm sorry? Chair Hardemon: Their service weapon. Mr. Reyes: His service weapon. Chief Colina: The weapon that we issue, we take that, the badge, vehicles. Commissioner Carollo: Yeah, that's what I meant. Chief Colina: Yeah. Commissioner Carollo: I'm sure that Captain Ortiz has other personal weapons, but at least the weapon that he's issued by the City has been taken away from him. Chief Colina: It's a good question. We actually will collect all equipment, including vehicles, uniforms, everything. Commissioner Carollo: I'm more concerned of the badge, and particularly, the gun. Chief Colina: No, we collect that, as well. Commissioner Carollo: Now, Captain Ortiz was in charge of what units? I understand Off -Duty was one or -- Chief Colina: He is the -- Commissioner Carollo: (UNINTELLIGIBLE) call it? Chief Colina: -- captain of Special Operations, which include Off -Duty, K-9, Marine Patrol, Aviation, the Motor Squad. He's not the ultimate person. We have a major that is in charge of all those elements, but he is in that chain of command. Commissioner Carollo: Okay, so let's go over it. Special Operations, that included - City of Miami Page 187 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chief Colina: Aviation. Commissioner Carollo: -- Off -Duty -- Chief Colina: Yes. Commissioner Carollo: -- Aviation, Marine Patrol, K-9. How about motors? Chief Colina: Motors, yes. Commissioner Carollo: Okay. What else? Chief Colina: SWAT (Special Weapons and Tactics). Commissioner Carollo: SWAT. Chief Colina: Bomb Squad and -- Commissioner Carollo: Bomb Squad. Chief Colina: -- OEM (Oj5rice of Emergency Management) and the Bomb Squad. And again, he's in the chain of command; not in charge of them, but in the chain of command. Oh, and Mounted, as well. Commissioner Carollo: Yeah. Chief Colina: It's a big section. Commissioner Carollo: Yeah, that's the Mounted. So, oh, boy, he had some very important duties from what I see. So this just wasn't your regular Joe, the plumber captain. He was handling many, if not the majority, of our key departments. Chair Hardemon: May I interrupt for one second? The -- is there more than one captain that's in that chain of command for those departments, or do you have one captain for that -- those departments and another captain for other departments? Chief Colina: Other captains for other departments. So it depends on the element -- if it's an element where there's many lieutenants. And ideally, and not all, sometimes we just have a major and they'll be in charge of the lieutenants. If we have an opportunity to put a captain, then that helps that major run, because there's several lieutenants, so just for span of control. Chair Hardemon: And so, but he's the captain over those department -- over those -- in the -- Chief Colina: He's in the chain of command. Chair Hardemon: -- and there is no other captain like him (UNINTELLIGIBLE) -- Chief Colina: Not in that element, not in that Special Operations. Chair Hardemon: And he arrived to become captain over that element based off of the examination that he had taken in probably 2017 -- Chief Colina: The exam -- City of Miami Page 188 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- the exam he said he was a black male on. Chief Colina: He -- no, he was promoted to captain. Chair Hardemon: Promoted to captain. Chief Colina: He was -- Chair Hardemon: Through the examination -- Chief Colina: Through the examination, he's promoted to captain. Chair Hardemon: -- that he indicated that he was a black male on. Chief Colina: Right. And then depending on what the organizational needs are or where the vacancy exists for captains, because there's "A"positions. It's not just put a captain anywhere. Chair Hardemon: Then he's assigned. Chief Colina: Then he's assigned. Commissioner Carollo: Chairman, if I may put up one piece of paper that I'd like to show to the Commission, and at the same time, you know, for the public at home to see. Are you all ready with it? And Chief, while they're doing this for me, who assigns him to all these units that you were talking about? You assigned him, right? Chief Colina: He was -- Commissioner Carollo: He's assigned by the Police Chief? Chief Colina: I'm sorry? Commissioner Carollo: He's assigned by the Police Chief to all these units? Chief Colina: He's assigned--? Commissioner Carollo: By the Police Chief, you. Chief Colina: Well, everything falls underneath me. He's had that position since he was promoted to captain. Commissioner Carollo: And he was promoted to captain in the previous Chief -- Chief Colina: Yes. Commissioner Carollo: -- about three weeks before we had mayoral elections in the City of Miami. You did not appoint him. It was your predecessor that appointed him, and I know. Chief Colina: Yes, sir. Commissioner Carollo: Are we ready? Is it up here? Okay. Just so that we're clear, we're talking about how he's been protected by this Administration. I'm not going to put up in there dozens and dozens of attacks, personal attacks, lies about me that were being put up on Tweeter [sic] by Mr. Ortiz, in violation of departmental rules and regulations that started only after a few days before this -- maybe a week City of Miami Page 189 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 or so; maybe a little more -- this date of August 13, when the Manager held in the MRC (Miami Riverside Center) an unveiling of veteran law enforcement flags, and the only time in the two years the Manager was here that my office received not just an email from his office, but his assistant called my office, and the Manager, himself, called one of my staffers; it was for this, for me to be there. I went, and to my surprise, the Manager introduces me with something that he knew, because he had investigated it already, that I was not a veteran of the United States Marine Corps. To be a veteran, you have to have been on active duty for an 'X" amount of time that I did not meet, whatsoever. I was in the reserves, inactive reserves, like I had told the Manager some year and a half before when he started asking me about my background and asked about my military background, if I had any. It was a private conversation. I told him I was -- I had been in the inactive reserves. And then the Manager tried to take this so that he could lay a trap for me to publicly call me a veteran of the Marine Corps, and if I became timid, I did not want to say "no" to him in front of a crowd, or correct him, then I would have been accused that I was claiming to be a veteran. I did correct him, and stated what I had done. I had been in the inactive reserve. Soon after that, within days, Mr. Ortiz started his barrage against me in ways that clearly violated rules and regulations of the Miami Police Department. And then, to and behold, when they started getting nervous, the Administration, that, gee, maybe there's something more that we don't know about this guy; not just what they had in hand that said, yeah, I was in the reserve, but didn't have my picture, didn't have my serial number; said that, unlike what they were claiming, that I had to show that I went through Parris Island, and I said, "no "; that I was in Quantico, and a few other things. In this tweet that Mr. Ortiz made, who answers him? You know, the right hand of the Manager, Emilio Gonzalez, the gentleman that's sitting there now as Deputy Manager, and he says to Ortiz, "This is serious stuff. He needs to put up, " meaning me. "If he hadn't today, it means he's working on something. " Well, I think anybody that reads this that "he's working on something," is trying -- will take it as he's trying to say that I'm trying to come up with something false on this, when, in fact, they weren't aware that I had an honorable discharge at all; even though they had the rest of it. Now, when you have an Assistant City Manager, the right hand to the Manager, who started this with me, and he is having this back and forth with someone like Javier Ortiz, if that isn't clear as daylight where someone is blind could see it of how this man is receiving protection to the point that this is the relationship that he is having with the top people of this Administration. I don't know what else he's shown to you. But this is a fact that's here. Of course, the excuse that Mr. Napoli gave was, gee, he didn't know that by him answering Ortiz that would be seen publicly. Well, what does it matter whether it was public or private? What matters is what he was sending out, and how much credence they were putting to Ortiz, and then Ortiz, in combination with the Manager and others, came here with a small group of present officers and former officers to try to attack me, even after they saw that I had an honorable discharge, to try to see how they could muddy me up, and the Manager, smiling with others, and Ortiz, coming back and forth to the Manager and them speaking closely together, or going behind those doors, speaking to each other to see what moves he had to make again, and nobody bothered to say a word to Mr. Ortiz until now. So I wanted to put this on the record, clearly put it on the record, because these are part of the reasons that I took in presenting a motion, besides others, of firing the City Manager. And if he hadn't done anything that was wrong, nobody would have been trying to -- have stopped the investigation of our Auditor General. And I guarantee you, he certainly would not have resigned. Chief Colina: Commissioner, just briefly, because I'm compelled to tell you that if you want to make a complaint on this, other than this presentation, you have the ability to. There would not be a 180-day rule here, because a complaint has not been generated. And so, I don't believe I've ever seen that, but certainly, you have a right -- City of Miami Page 190 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Chief -- Chief Colina: -- if you want to, to make a complaint, and that can be investigated, and it could be deemed the level of appropriateness, et cetera. It's just my duty to let you know that if you wanted to make a complaint, you certainly can, like anyone else; that's all I'm telling you here. Commissioner Carollo: -- look, I would be surprised if you hadn't seen any of these and dozens of others -- Chief Colina: You'd be surprised what little attention I pay to that nonsense, sir. Commissioner Carollo: -- well, I would be surprised, Chief, with everything else. And why in the world would I trust Internal Affairs that's controlled by you when, one, I've seen what the 40 plus victims of Javier Ortiz have gone through, and what has happened in Internal Affairs, including many of the ones that were shown here last Friday? Furthermore, when I have read information from complaints and allegations that were filed with the Civilian Investigative Panel that in 2018, while Captain Ortiz was being investigated by Internal Affairs, you were Chief then; it wasn't another one, like your Assistant said. And you had an Internal Affairs Commander there at the time that's different than the one now. Civilian Investigative Panel received a complaint that you and the Internal Affairs Commander were going to let the 180-day pass by so that Mr. Ortiz wouldn't have any problems. And, in fact, they opened an investigation based on that. And as I am told, when they came to inquire of you, you refused to speak to them. Chief Colina: That's not -- Commissioner Carollo: Well -- Chief Colina: -- I don't have a problem speaking with anybody. Commissioner Carollo: -- this is what I've read, Chief. Chief Colina: I understand. I'm --just to clarify the record, I don't -- again, the 40, or 50, or 60 complaints that he's received over the course of his time here, I can't answer to that. I believe he's had six complaints in the last two years; not that one complaint is acceptable. But I believe he's had six complaints. I know -- I don't believe -- I still don't believe it was a 180 issue. There was an investigation that was administrative, where the investigator did botch his case. That investigator, sir, was disciplined by me, and removed from Internal Affairs. I don't know what other action I could have taken other than that. He's been substantiated twice. In those six complaints, it's my belief that he's been substantiated twice. I -- Commissioner Carollo: The -- Chief Colina: -- as I said before, I'm not interested in protecting anybody. Commissioner Carollo: -- bottom line is that what was alleged to CIP is, in fact, what ended up happening. Chief Colina: That is not what happened, sir. Commissioner Carollo: Well, I'm saying -- Chief Colina: You're saying that the -- City of Miami Page 191 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: -- they alleged the 180 days -- Chief Colina: That's what you understood. Commissioner Carollo: -- was going to go by, and, in fact, that's what happened. 180 days went by, and Ortiz was off the hook because of that. Chief Colina: And just for clarification as well -- Commissioner Carollo: So don't -- Chief Colina: -- the 180 days matter if there was going to be a substantiation of a case to be clear. So if someone makes a complaint and there is no evidence, for example --forget .Iavi Ortiz -- someone makes a complaint tomorrow and it's not a case that's going to be substantiated, then there is no urgency in closing that case in the 180 days, because that is only -- that only matters if discipline is going to be issued. You can still have a findings after that time period, but the only reason that that would matter, the 180 days, if discipline is going to be issued. If there is a complaint that we can clearly see is going to be inconclusive, for example, that case isn't necessarily priority; one that discipline will be issued will be the priority, because if the 180 day passes, you cannot issue discipline. Commissioner Carollo: What happened in this case was that it was claimed that Mr. Ortiz could not be reached, because he was out of town. He could not be reached, whatever, in numerous weeks. Therefore, case was closed. And then on -- the investigator from Internal Affairs that you claim was disciplined, because he botched the investigation, from what I read, it might have been retaliation, because he was the one that is alleged that gave information out as to what was going on. Chief Colina: I don't know what you're referring to, but the case that I'm referring to, the investigator gave him his notice of discipline before he took his statement, which was a violation of the Officer Bill of Rights, because he was going to be disciplined on the case. That alone allowed him to not be disciplined, and that's why that investigator was transferred from the unit. Commissioner Carollo: Well, nevertheless, Chief, I could go on into many other areas, and I'm trying to be as diplomatic -- Chief Colina: I appreciate it. Commissioner Carollo: -- as I possibly can, and as courteous as I possibly can -- Chief Colina: Thank you. Chief Colina: -- a lot more than what I've been called, a bully, and accused of targeting people. And talking about targeting, just so we can see the kind of stuff that was going on when Mr. Ortiz was being given instructions to come after me, he went ahead during this month of August, and he knew that I was going to a grand opening at a new establishment on 8th Street; which, by the way, since I've been Commissioner, we have had more restaurants open up there in those two years than ever before in anytime period like that. The rental that he made was of one of these trucks that have the billboards lit up at night that are supposed to be moving. This truck was parked, not moving, and it was protected, so they could be there for at least four hours or more without any problems. You had officers coming that were taking a selfie with him, and stopping traffic. That was okay, too. And, of course, keep in mind that Mr. Ortiz was the guy overseeing the off -duty work, where the City of Miami Page 192 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 majority of our off cers are being paid in cash. And not all off cers get off -duty work equally. What surprised me more than anything was when I was told from inside the FOP itself that the reason that that particular place that I was going to cut a ribbon that night, that truck was parked there was because the people in the establishment, along with myself, were targeted, because, supposedly, they had contributed to my campaign, when, in fact, they never contributed to my campaign. They contributed to my PAC (Political Action Committee) during the Strong Mayor's Campaign that I opposed. So this is how Mr. Ortiz has been used. And I'm going very, very lightly on it, but I wanted to get in the record, and I appreciate it, the reasons why Mr. Ortiz was suspended. And like I said before, even with someone like him that should not be working as a police officer, that should not have begun, if he was suspended for the wrong reasons, I would bring it up here. You -- Chief Colina: He was suspended with cause, sir. Commissioner Carollo: -- now, I suspected that that was the case, and that's why I want it in the open, because the public in something like this has a right to know. And if it hadn't been that this became viral in the social media, that this got the attention of not only national, but international media of a white Hispanic police off cer claiming to be black, you know, maybe things would have been different. But it got to the point that Mr. Ortiz now was a liability, and this is what happens in the City. And may every employee that thinks that they're going to move up through brown -nosing, in other ways, see this; that when you're not longer needed, you're going to be thrown like a rag in front of the bus, and you'll be history. Thank you, Chief. I appreciate it. Chief Colina: You're welcome. NA.3 RESOLUTION 7123 A RESOLUTION OF THE MIAMI CITY COMMISSION City Commission SCHEDULING A SPECIAL CITY COMMISSION MEETING ON FRIDAY, JANUARY 31, 2020 AT 10:00 A.M. AT MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR THE PURPOSES OF TAKING ANY AND ALL ACTIONS RELATED TO THE CITY OF MIAMI'S AFFORDABLE HOUSING MASTER PLAN INCLUDING BUT NOT LIMITED TO THE ADOPTION OF ANY RESOLUTIONS FROM SAID DISCUSSION. ENACTMENT NUMBER: R-20-0007 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: So I want to recognize the Clerk. Todd B. Hannon (City Clerk): So before amending CA.S to include the special meeting date, we should call for the special meeting, and that could be done either through the Commission right now through a resolution. Commissioner Carollo: Right now. Mr. Hannon: Okay. So essentially, is there a motion for a special meeting? This is outside of the motion right now for CA.5, because right now we just want to call for City of Miami Page 193 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 the special meeting, then we can go back to CA.5 to amend it with that special meeting date and time. Commissioner Diaz de la Portilla: So move. Victoria Mendez (City Attorney): When you call for the special meeting, it should be what you're going to discuss. Mr. Hannon: Yes. Yes, I'm sorry. Thank you. Commissioner Carollo: Before Commissioner Diaz de la Portilla moves, let me withdraw my motion. Commissioner Reyes will withdraw his second. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I moved it -- Commissioner Reyes: No, wait. Commissioner Diaz de la Portilla: -- to call a special meeting on January -- Friday, January 31, specifically to deal with this -- with CA.5. Commissioner Reyes: I only have one question. Mr. Hannon: With CA.S, understood. Chair Hardemon: It's been properly moved. And Commissioner Carollo -- Commissioner Reyes: I have -- Chair Hardemon: -- do you second? Commissioner Reyes: -- a question. Why do you like Friday so much, man? Commissioner Diaz de la Portilla: Fridayss a nice day. Everybody's more relaxed. Commissioner Reyes: That's right but we can have it any other day. Friday -- Commissioner Diaz de la Portilla: Everybody's more relaxed. They've gone through the week and Mondays are horrible. Thursdays don't appear to be that good. Commissioner Carollo: I'm beginning to like Fridays. Maybe we ought to change our meeting to Friday. Commissioner Reyes: That's right. That's right. Chair Hardemon: Is there a second to the motion? Commissioner Reyes: I second. Chair Hardemon: It's been properly moved by Commissioner Diaz de la Portilla, seconded by -- Mr. Hannon: And Chair, I just need a time. I heard Friday, January 31, 2020, at what --? Commissioner Diaz de la Portilla: 10 a. m. City of Miami Page 194 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Hannon: 10 a.m. Thank you, sir. Chair Hardemon: Seconded by Commissioner Reyes for a special Commission meeting to address Item -- what? -- no, I'm sorry. We just -- right now -- Madam City Attorney, you said that you wanted the item included in the motion. What item is it going to be? Ms. Mendez: Well, the substantive topic of what you're going to talk about, which would be the affordable housing master plan. That's enough. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: That's enough. Chair Hardemon: Mover and seconder agree to that? Commissioner Carollo: And any additional ideas. Ms. Mendez: Right, any and all actions having to do with the affordable housing master plan. Commissioner Reyes: Okay. Mayor Suarez: Mr. Chair. Chair Hardemon: It's been properly moved and seconded. Mayor Suarez: I think you need to make it as broad as possible, because you're limited on what you can do in a special meeting to what's advertised, so I think you should make it as broad as possible. Commissioner Carollo: I think by what the City Attorney suggested is pretty broad. Mayor Suarez: No. I was -- I don't (UNINTELLIGIBLE). Chair Hardemon: Is there any further discussion? Mr. Hannon: One last question: Madam City Attorney, does this require a public haying for this type of resolution or no? Ms. Mendez: For setting a meeting, a special meeting, no. Mr. Hannon: Okay, thank you. Commissioner Carollo: Okay. Chair Hardemon: Seeing no further discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. City of Miami Page 195 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NAA RESOLUTION 7124 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING City Commission THE CITY MANAGER TO DESIGN A CAPITAL IMPROVEMENT PLAN REGARDING MORNINGSIDE PARK THAT WILL KEEP MORNINGSIDE POOL LOCATED AT ITS CURRENT LOCATION WITHIN MORNINGSIDE PARK. ENACTMENT NUMBER: R-20-0009 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. A motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo, and was passed unanimously, to call the question for item NA.4. For additional minutes referencing Item NA.4, please see Item PA.2. Elvis Cruz: At this time, Commissioners, could one of you please make a motion directing the City to keep Morningside Pool in its current location, whether it is fixed or rebuilt? Commissioner Carollo: I now make a motion to keep Morningside Pool at its current location. Mr. Cruz: Thank you. Chair Hardemon: Sir, is your presentation complete? Mr. Cruz: Yes, sir. I'm standing by for any questions. Chair Hardemon: Thank you, sir. Commissioner Diaz de la Portilla: I second that motion. Chair Hardemon: So the motion is to, as you put it, keep Morningside -- can you repeat your motion, please? Because I heard, "keep your" -- "keep this pool complete" -- or "get it complete." Victoria Mendez (City Attorney): Keep Morningside Pool at its present location. Commissioner Carollo: Correct. Chair Hardemon: That's the motion. Commissioner Carollo: That's the motion. Commissioner Diaz de la Portilla: I second it. Chair Hardemon: That's been properly seconded. Commissioner Diaz de la Portilla: Yes. Chair Hardemon: Is there any discussion -- City of Miami Page 196 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: Yes. Chair Hardemon: -- on that motion? Commissioner Reyes: I have a -- Chair Hardemon: You're recognized. Commissioner Reyes: -- couple of questions. First of all, we -- last meeting when we asked that you be given the opportunity to address, and also, was given a directive to the Administration that you guys -- I mean, that you sit with them and see if you could solve this problem. I mean, you can find -- did you have a meeting with the Administration? Mr. Cruz: I've met with Mr. Williamson, Mr. Napoli and the now former City Manager, and they were not able to resolve the issue. Commissioner Reyes: But they -- Mr. Cruz: But that happened before that last meeting. Commissioner Reyes: Before I asked. After I asked -- Mr. Cruz: We've been through it all. I never heard from any of them Commissioner Reyes: You never heard from them all. And I asked you guys to give us a report on what was the result. Isn't that true? We did. That never happened. Now regarding this motion, I want to know from the engineers if it is feasible and if it is better to keep it or -- I mean, you wanted to repair, right? Mr. Cruz: I'd prefer it to be repaired, but that's not my opinion. That's the $35, 000 engineering study, which was paid for by the City. Commissioner Reyes: And in that study, it says that it is more -- it's economically feasible to repair -- Mr. Cruz: Yes. Commissioner Reyes: -- and it would be much -- I mean, less expensive than to build a new one. Mr. Cruz: That is correct. Commissioner Reyes: Okay. Has any other analysis, any studies come after that? Mr. Cruz: Not that I'm aware of. Commissioner Reyes: So why are we deciding to move it? Mr. Cruz: You'd have to ask Mr. Williamson. I believe he's the main force behind the motion. Commissioner Reyes: Because if we have an engineering report that says, "Let's keep it there, " it is -- would be less expensive for the tax -- Miami taxpayers to refurbish it or repair it than to move it to another place. And I don't know where they want to move, but what do they want -- what do they propose; to move it where? City of Miami Page 197 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Cruz: They want to put it into what is currently the softball field and the children's playground, displacing those two facilities. Commissioner Reyes: So those two facilities would be displaced. Mr. Cruz: Correct. Commissioner Reyes: Okay. And as an -- incurring an additional cost. Mr. Cruz: I would imagine so, yes. Commissioner Reyes: Okay. Mr. Williamson, you have anything to say about that? Steve Williamson: Good morning, Mr. Chair and Commissioners. Steve Williamson, Director of Capital Improvements. Could you repeat the question, sir? Commissioner Reyes: Yes. I mean, why you want to move the pool to where the softball field is, eliminating the softball field, and eliminating also the playground, and at an additional cost, substantial additional cost? Because I'm trying to build a couple ofpools and you know how the cost -- I mean, I don't know where the cost -- how they came so -- they kept increasing every month, but you know the cost of building anew pool is. Why don't we do what is economic efficient if we are going to have a pool that is going to fulfill the requirements and we will get all the people that surrounds that area, particularly, the children, to come and enjoy the pool now that summer is around the corner? Mr. Williamson: Commissioner, you bring up a lot of questions that we've been struggling with over the last year. It's a very complex area. You know, the first thing that you asked about is cost. And the estimate that we have done, it would cost approximately the same to construct it where it is or in the new location. So in this case, we are cost neutral. I believe the second question you asked, why would we move it. And what we have learned in this -- the City has matured. As we've been talking today, we've been talking about climate change. We've been talking about climate resilience. We have set policies in place across the City that we are interested in protecting our shorelines. And so, our decision and recommendation is that we should move it out of a VE zone so that we have a better protection of our shorelines. Commissioner Reyes: But according to what I was hearing from Elvis is that rebuilding it or repairing it at the place that it now stands, that would not preclude us from having a barrier of -- or protecting the pool from sea level rise. Mr. Williamson: If I understand your question, so -- Commissioner Reyes: That we have enough space to, I mean, build a dune or -- I don't know, but I am not an expert on it. But it would be -- because I -- I mean, it really bothers me when you are taking a couple of facilities like a softball field and a playground in order to move a pool. You have space thereto move it and if it's going to cost the same, well, might as well do it there, right there, and I'm inclined on supporting the motion. Mr. Williamson: No, I understand your concerns, Commissioner. And, you know, the first thing -- we need to protect the shoreline no matter what, whether the pool is where it is -- Commissioner Reyes: Absolutely. City of Miami Page 198 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Williamson: -- or whether it needs to be moved. Commissioner Reyes: Absolutely. Mr. Williamson: And I think we all recognize that. You know, one of the things that has happened, which I think is a big win for the City, as we've made a recommendation to move the pool, we've actually had the Nature Conservancy come onboard and say, "We would like to be apart of not only just addressing the shoreline, but also the drainage situation that we have in the park, which, if you've been to the park, is very significant. Commissioner Reyes: But by keeping the -- are they mutually exclusive? If you move the pool, you cannot improve the drainage? Mr. Williamson: No, but I -- Commissioner Reyes: (UNINTELLIGIBLE). Mr. Williamson: No, sir, but I believe -- and again, you would have to ask the Nature Conservancy on this -- they may or may not want to be apart of that investment if that pool is not moved. And again, that's -- Commissioner Diaz de la Portilla: Well, I have a -- Mr. Williamson: -- not me speaking but that's one of the reasons why they came to us, because what they saw is an open waterfront where they can do an enhanced shoreline -- Commissioner Reyes: We can -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Chair Hardemon: Wait, wait, wait, wait, wait. Commissioner Diaz de la Portilla then Commissioner Carollo. Commissioner Diaz de la Portilla: I just have a question. Mr. Williamson: Yes, sir. Commissioner Diaz de la Portilla: Now what you said just raised a second question in my mind. But how many feet between the shoreline and the existing pool? How many feet between the shoreline and the existing pool? Mr. Williamson: Elvis would know better than I, but I would guess about 100 feet, maybe I50 feet. Commissioner Diaz de la Portilla: A hundred feet? Commissioner Reyes: A hundred feet. Commissioner Diaz de la Portilla: A hundred feet? Okay. Mr. Williamson: Where are the existing pool and the shoreline? Commissioner Diaz de la Portilla: Yes, a hundred feet. Mr. Williamson: Can you confirm? City of Miami Page 199 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Cruz: Yes. I can bring up that slide straightaway. And if they want to reconnect me. Unidentified Speaker: 90. Mr. Cruz: Okay, so there you have the overhead view. Commissioner Diaz de la Portilla: So the Commissioner said about 90 feet. Mr. Cruz: And there's 90 there and there's 110 there. It's an irregular structure. But the minimum that I find is 90 feet. You can see there's plenty of room therefor -- Commissioner Diaz de la Portilla: Right (UNINTELLIGIBLE). Mr. Cruz: -- shoreline protection. Commissioner Diaz de la Portilla: So you think -- Commissioner Carollo: It's 90 to a 100. Commissioner Diaz de la Portilla: Yeah, 90 and a hundred— between 90 and 110 in different -- depending, right? And is that not enough room to deal with all the resilience issues you have and you've addressed or --? Mr. Williamson: So we'd definitely have to go through design to determine that. Commissioner Diaz de la Portilla: But you haven't gone through that process? Mr. Williamson: No, no because we -- unfortunately, we've been a stalemate for about a year and a half as to where we want to go. Commissioner Diaz de la Portilla: Even though there's been a debate about -- this debate's been an ongoing debate, going on between moving the pool, not moving the pool, all kinds of studies back and forth. You haven't done the due diligence to see that if a hundred feet is enough to do whatever needs to be done to meet our new sea level rise goals? Mr. Cruz: Commissioner -- Mr. Williamson: We can do estimates. And the answer is it probably could be addressed. But I think it would be very derelict for the City, who is trying to claim ourselves as the City of resilience to build a facility in a VE zone. Mr. Cruz mentioned that it's swimming pools, but the exclusion in the FEMA is about the swimming pool itself. In order to support the pool, we also have to build facilities; bathrooms, other facilities that are part of it. Those will have to be raised. Those will have to be addressed as the Florida Building Code requires. So, yes, maybe the swimming pool itself has an exclusion, but not the facilities that support the pool. Commissioner Reyes: Excuse me. Commissioner Diaz de la Portilla: And just one quick follow up. What participation does the Nature Conservancy play in this decision -making process? What role do they play? Mr. Williamson: In -- City of Miami Page 200 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: You mentioned them. Mr. Williamson: -- our ability to make a recommendation? Commissioner Diaz de la Portilla: Yeah. Did you have discussions with them? Were they the ones that went to you and said, "Hey, we want this for" -- "to do a nature trail, " whatever they wanted to create or --? Mr. Williamson: No, sir. It was only after -- until we made a presentation -- I believe it was November, which -- so one of the options being that we would move the pool to the location that Mr. Cruz showed up on the picture. And from that, then they approached us and said, "We would like to be apart of solving your shoreline and your drainage issues at the park. " I can't say whether it was a cause and effect, but I can only say that it was a timing -- Commissioner Diaz de la Portilla: Was your decision based on anything they recommended, partially based, somewhat --? Mr. Williamson: Our -- what we have is a recommendation. We don't have a decision. We believe it is better placed where we -- adjacent to the community center because of the reasons --and I can list them. There's more than just four. But that is where we believe it is best located, but it was not impacted by the Nature Conservancy. Commissioner Diaz de la Portilla: Okay. Mr. Williamson: It has not been reinforced by their interest to invest. Chair Hardemon: Commissioner Carollo. Commissioner Diaz de la Portilla: Thank you. Mr. Cruz: If I may respond? Chair Hardemon: No. Commissioner Carollo. Commissioner Carollo: If I could just get a quick second here. Gentlemen, I apologize, but I need to call the question to a vote; otherwise it needs to come back after 2: 30, because three of us -- therefore, I'm inviting the two of you that were not invited -- as the present president of the Bayfront Park Trust, three of us -- and the Mayor, who has left already, so he could be the first one there -- were invited to a press conference for the Super Bowl Committee. Chair Hardemon: What three were invited and who was left out? Commissioner Reyes: You. Commissioner Carollo: I believe -- Commissioner Reyes: You. Commissioner Carollo: -- both Commissioners at the ends and myself. But you two were left out. I know the excuse that they're going to give. Commissioner Diaz de la Portilla: I won't take it personally. Commissioner Carollo: But I am personally inviting you guys -- City of Miami Page 201 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: -- because I think it's the appropriate thing to do. So if you want to take a vote on the motion now -- Commissioner Diaz de la Portilla: I move the question. Commissioner Carollo: -- let's do it. Chair Hardemon: We can't vote on the motion until -- because it's a resolution -- we hear from public comment. Commissioner Carollo: Okay, so I -- Chair Hardemon: So -- Commissioner Carollo: -- would have to ask -- Commissioner Diaz de la Portilla: Let's just tru to do it -- Commissioner Carollo: -- if we could bring it back at 2: 30. Commissioner Diaz de la Portilla: Maybe we don't have that -- I'm sorry, Commissioner -- many people who want to address the issue from the public. Commissioner Reyes: Yeah. How many people are here? Commissioner Diaz de la Portilla: Let's at least ask and see if we could just move it along. Chair Hardemon: I'd like to open the floor for -- Vice Chair Russell: Chairman. Chair Hardemon: We also -- I also recognize the fact that we haven't had any discussion from -- Vice Chair Russell: The district Commissioner. Chair Hardemon: -- the district Commissioner and everyone. But I want to -- Commissioner Carollo: Okay, well -- Chair Hardemon: -- make sure -- Commissioner Carollo: -- can we bring it back at 2: 30? Elvis, I really would appreciate if we could bring it back at 2: 30. Mr. Cruz: I'll be here, sir. Thank you so much for your support. And I would like to offer some rebuttal to what Mr. Williamson said at this time. Thank you. Chair Hardemon: Thankyou. So this meeting is in recess until2:30. Commissioner Reyes: Okay, that's cool. Vice Chair Russell: 2: 30, did you say? City of Miami Page 202 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Later Chair Hardemon: And we can revisit now -- we were on -- before we left for lunch, there was a motion and a second that was put on the floor regarding -- Vice Chair Russell: Morningside. Chair Hardemon: -- the Morningside pool. I don't think we ever got the public comment on that either, so that's something that we have to open up public comment for, as well. But what we should do is continue discussion here at the board level before we open up public comments since we were already discussing the matter. So at this time, I'll recognize our Vice Chairman, Commissioner Russell. Vice Chair Russell: Thank you, Chairman. I definitely want to thank Elvis for his advocacy. He's nothing if not passionate on these issues that affect the neighborhood, and that's always very important and welcome. I want the board to recognize there is also a civic association of an elected body in the Morningside area and they have positions on this, as well. We've had many community meetings. But -- and also very important to recognize this is not a Morningside pool. This is a City of Miami pool for residents on both sides of Biscayne Boulevard, in fact. And this has become a bit of contention as Morningside is not a gated community. It's not a private community. It is a community of the City of Miami. So, yes, everything that I've said as a promise is one I intend to keep, that we will have a pool in Morningside. I do believe it should be on the waterfront. I believe even though the park was not granted historic status, there's something very special about this being one of the largest parks in our city and that the pool could have a view of the water that residents from anywhere in the City could go enjoy that pool as if it were a first-class resort on the water in the City of Miami. I do believe that it can be done in a resilient way. And this is a perfect example of what we're going to be dealing with as we have this conversation of resilience and sea level rise versus community, quality of life and amenities. The true easy resilience is to say no pool at all, because it's an at -risk area. But Elvis is correct. We've built things on the water and we can do it. We have the technoloU, it's possible. Can we do it in a resilient way? And that's where I believe that we -- what I would recommend is an amendment to the motion so that it encompasses the entire resilience of the park, because that pool can be part of the buffer that becomes a berm along the front edge of the waterfront of the park and that can be a -- not a bay walk as we know it in the commercial area of Miami, but a walkway, a jogging path on an elevated berm, not blocking views but creating protection to storm surge and sea level rise. And then when the waters do breach on an eventual storm that the internal of the park is regraded correctly so that it steers the water toward the mangrove lake that's in the center of the park, which then drains back out to the sea. So we can live with water. We can have the amenities for our neighborhood. There's been a lot of fights over where that pool should be. I absolutely agree that it should not bump a softball field that then has to combine with a soccer field. And so, after these community meetings, I've come back with the Parks Director. I've come back with Steve, at OCI (Office of Capital Improvements), and we're going to take all the input and create the appropriate master plan. Those who oppose moving forward on the pool immediately, their worry is that we're going to spend all this money on the pool and have no money left for the resilience and the amenities of the remainder of one of Miami's largest parks. And that's my other assurance to them; that we, as a body, will be there to support this community citywide pool. And so, that's my hope that we amend it slightly just to make sure that the pool fits with an entire resilience conversation, including that walkway berm along the water's edge and the appropriate drainage to shed water, but that we also have the commitment of this board to fund the project as we look at the next tranche of the Miami Forever Bond and the parks monies that are available. Thank you. City of Miami Page 203 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: So just -- go ahead, you're recognized. Commissioner Reyes: You don't have the money for it yet? Vice Chair Russell: Oh, no. You guys are --that's what we're all hereto talk about. Commissioner Reyes: Okay, but what I want to know is if by making it part of the resilience project, we are not delaying the construction of the pool, because we know that -- and it was, I mean, stated here that it's enough distance between the sea and the pool that we can create a barrier that the pool will not suffer. I mean, they are not mutually exclusive, as I said before. You see, you can do one and the other and there are different budgets for both of them, right? Chair Hardemon: You're recognized. Vice Chair Russell: Thank you, Mr. Chairman. And so in fact this could pull from both a resilience perspective budget and a parks budget of which the Miami Forever Bond has sufficient funds for both. So as we move forward, certainly if you're going to mandate to the City to do this, you need to also come with the funding, as well. Commissioner Reyes: We're mandating where it's going to be located. Vice Chair Russell: Right so you're telling them -- Commissioner Reyes: That's got to be -- Vice Chair Russell: -- to build a pool. Commissioner Reyes: -- relocated there and now that we have to -- when the funds come available, I mean, going to be part for that, part for my pools, also, part for his pools, you see. We cannot get all the money and allocate it in a single district, because that's not right. Vice Chair Russell: Right and that's why we need to look at this holistically and not make a knee-jerk decision on the dais -- Commissioner Reyes: That's right. Vice Chair Russell: --from one person in the community's point of view. I agree with Elvis; we have to work through this funding. But if we're going to give a decision right now where that pool is going to go and that it should happen, we should also be committed to funding the project, as well. Commissioner Reyes: I don't agree with you, sir. Commissioner Diaz de la Portilla: Mr. -- Commissioner Reyes: I think that the only thing -- Chair Hardemon: Commissioner -- Commissioner Reyes: -- that we doing is determining where the location is going to be. Now you're very good at getting money for your parks and your pool and --but, you see, there is other Commissioners here, also -- Commissioner Diaz de la Portilla: Yeah. City of Miami Page 204 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Reyes: -- that we need the pools, also. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Well, if he were that good at it, he wouldn't have been caught, right, at the end of the day? Mr. Williamson, can I ask you a question? Mr. Williamson: Ask. Commissioner Diaz de la Portilla: Didn't you say -- didn't you testes that it would cost the same whether you build it where it's at right now or whether you build it in a new location? If I remember -- Mr. Williamson: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- correctly. Mr. Williamson: Steve Williamson, Director of Capital Improvements. So the construction of a new pool in either location would be approximately the same. I think the difference is about 600 -- $800, 000. Commissioner Diaz de la Portilla: Okay, so there is no difference in -- Mr. Williamson: I mean, there's -- Commissioner Diaz de la Portilla: -- it's more or less -- Mr. Williamson: -- it's about $7.2 million for one and close to about 8 million for the other. Commissioner Diaz de la Portilla: Okay. Mr. Williamson: The 8 million being the one on the waterfront. Commissioner Diaz de la Portilla: So the maker of the motion is Commissioner Carollo, I believe. So Commissioner Carollo, I have a question for you, sir. Do you want to accept that amendment, or do you just want your motion to be as you stated it? Chair Hardemon: Can we clarify what the amendment is? Commissioner Carollo: You can clam what the amendment is. Vice Chair Russell: Right. And just to make sure I understand, the motion is for a new pool in the same location? Commissioner Carollo: I never said a new pool. Vice Chair Russell: Okay, then I need understanding. Are you talking about repairing the existing pool? Commissioner Reyes: Is it repair or building a new one? Which one was better? I'm sorry, because I was (UNINTELLIGIBLE) or building a new one. Which one is going to be better? City of Miami Page 205 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: His motion was to keep the pool in the same location. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Not to add any additional dollars or committing additional future dollars, or anything else you discussed, Commissioner Reyes. Commissioner Carollo: That's correct. I didn't say to repair it. I didn't say to build. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: I said to keep it in the same location. However, if what he presented -- and he was under oath -- unlike the Administration -- that they just say they're under oath, and the building shakes. If what he presented is factual and you had a prominent firm state that this can be repaired and it's going to be a lot cheaper Commissioner Reyes: That's what he says. Commissioner Carollo: -- then I have no idea why the Administration would want to build in that same location a new one instead of repairing the one we have. Commissioner Reyes: Yes. Vice Chair Russell: Commissioner -- Commissioner Reyes: Can we get his opinion? Mr. Cruz: Thank you. May I? Chair Hardemon: One second. I want to make sure -- Vice Chair Russell: Thank you very much. Chair Hardemon: -- because there was a question asked to the Commission. Vice Chair Russell: So, yes, the repair versus new conversation -- Commissioner Carollo: Yeah. Vice Chair Russell: -- and as you heard our director say the re -- that the cost isn't so different and he'll go into that, because to fortes even a repair job on this pool, it -- where it is in relation to storm surge, we can't leave it like it is. And if you go there and visit it, if you come on down to District 2 and take a look, this pool is an old pool. And if it costs us about the same to get the best amenities for our community, we should do it. You know, there's nothing nostalgic there that needs saving. If it's put in the same place, it has the same view, we should -- and it doesn't cost us more -- or much more, we should have the best possible amenity for the City. Commissioner Carollo: Commissioner, I'm all for what makes sense. If that's the case, then I might tend to agree with that concept even though I also want to hear the concept of the historical pool, because once it's repaired, it would be like new. But this is why I made a motion that the Administration could look at all possibilities. They could speak to him, speak to others, and decide in that same location if they go for a repair or if they go for a new pool. However, what I do expect is on the new City of Miami Page 206 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Administration that will be here, to come to us before they make a final move on any decision. If they are going to repair it, to come to us and explain to this body, "We're going to be repairing for these reasons. " If they want to tear it out and build a new pool in the same location, then come to us and explain to us why they're going to build a new pool and tear our the old one. And then we give them the final okay. Vice Chair Russell: So your motion is simply for the location? Commissioner Reyes: Yes. Vice Chair Russell: So -- Commissioner Carollo: That's what it was. Vice Chair Russell: -- in that case, here's my ask: I agree that it should definitely be on the water, but I would like to give some flexibility to the Department with regard to the north -south on the water and I'll tell you why. I don't agree that it should be pulled inland over completely by the community center, but there certainly are programmatic advantages to having it closer to where the tennis courts, the community center, the baseball field and everything is as an active source. I'm not saying it won't go exactly where it is, that may be the perfect location. But I'm looking at it from the resilience perspective, this berm, this walkway, and that that pool, I absolutely believe it should be on the water, or within 100 feet of the water, as it is now, but I want to give the Department some flexibility in terms of the north -south Commissioner Carollo: I thought the motion -- Vice Chair Russell: -- on the water. Commissioner Carollo: -- that I presented did. It was either one. But the caveat is that we expect that you speak to this group, any other group, and then before you implement any final decision that you come to, you come to us, let us know, and we're going to make the final decision if we want to go that route or not. Commissioner Reyes: Mr. Chair, can I--? Chair Hardemon: I'll recognize you, then I'll recognize you and then -- Commissioner Reyes: Okay. Mr. Williamson: Thank you, Mr. Chair. I just want to make sure that -- Chair Hardemon: First Commissioner Reyes. Mr. Williamson: Okay, yes, sir. Commissioner Reyes: I have a question. Mr. Cruz. Mr. Cruz: Sir. Commissioner Reyes: Wasn't it a report on fixing the pool, an estimate of how much will it cost? Mr. Cruz: Yes. Commissioner Reyes: I think it was about 200, 000, something like that. City of Miami Page 207 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Cruz: The 200, 000 roughly was simply for structural repair -- Commissioner Reyes: Okay. Mr. Cruz: -- of the specific concrete members that caused it to be shut down to begin with. However, that sheet of paper that's in front of you on your -- right in front of you on the dais -- right here, sir. Commissioner Reyes: Oh, I'm sorry, okay. Mr. Cruz: And Commissioner Carollo, you have one in front of your nameplate also. Commissioner Carollo: Yes. Mr. Cruz: So that is a message that I exchanged with the Mayor, Francis Suarez and Assistant City Manager Nzeribe Ihekwaba -- I hope I promised that correctly. And this is what Zerry reported after he had reviewed the T. Y. Lin report, the third engineering report that used the ground penetrating radar. And he says cost estimates, 3.5 million. Now if the technicians in the back could plug me in, I could show you a couple more slides that give you more information so that you can make a valid decision. Okay, here we go. So Zerry said the cost to repair -- not demolish with a new pool -- is 3.5 million. There you have that. But here's what came out in the Morningside Park general plan. They put the cost at renovating the pool at 4.9 million. Oddly enough, look at what I've underlined therein red. They talk about replacing the pool deck, the support infrastructure and the perimeter CMU (Concrete Masonry Unit) walls. But this report says you don't have to do that; it's fixable. You don't have to replace it. That may be why there's a disparity between what Zerry came up with and what they're putting forth as that cost. So it's about 3.5 million, according to Zerry, to fix the existing pool. Also, regarding the 50 percent rule, some of the things Mr. Williamson mentioned was that you would have to raise some of the pool. Again, if you stay within the 50 percent rule you don't have to do that. The swimming pool itself is excluded. There's other costs that are excluded, plans, specifications, surveys and permits, but most importantly, there's also any corrections of Code violations are exempt from the 50 percent rule. And a very large portion of the cost with that 3.9 million -- excuse me, 3.5 million is because the pool has a lot of Code violations in electrical, mechanical, plumbing and ADA (Americans with Disabilities Act). So it's very likely that it could be done under the 50 percent rule. T.Y. Lin, these are smart people. I'm sure they were familiar with the 50 percent rule when they said the pool can be repaired, salvaged, and does not merit a full rebuild. So here's -- on your screen, this are the -- these are the projections that they gave us at the meeting that you were at, Commissioner Russell, for building a new pool, 6.3 million -- about 6.4 million -- whether it's in the same location or in the softball field. So you do the math, 6.4 minus 3.5, it's a savings of $2.9 million to fix the existing pool. Again, 1953, that's not old for a building. It's cheaper to repair. It's faster to repair. It fulfills the promise that was made to the citizens of Miami in 2001 when they voted for that bond issue. It fulfills Commissioner Russell's promise, and it sets a good example that we care for our buildings in the City and we maintain them rather than go along with the toxic groupthink that you're going to do negligence, demolition and rebuild. Now to speak specifically about sea level rise, et cetera, and -- Vice Chair Russell: Just a point of clarification -- Mr. Cruz: Yes. Vice Chair Russell: -- because you're quoting me there. My -- I never made a promise to repair versus new. City of Miami Page 208 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Mr. Cruz: No, you did not. Vice Chair Russell: Just to be clear. Mr. Cruz: No, no. What I'm saying is -- that's correct. But as far as keeping it on the waterfront -- and you've reiterated that today and I thank you for that. That's excellent. But this slide that was in my show that I showed you earlier -- and I know there's a lot of slides -- the City already showed us how they want to do the shoreline protection in this slide, number 25. Inside the red box, you can see that they're planning a living shoreline wall. It would not interfere with the existing pool. As the Commissioner mentioned, it's not mutually exclusive to do the sea level rise protection, to do the storm surge protection, to do the shoreline protection, and still keep the existing pool in its existing place. Lastly, I want to mention there are some people opposed to fixing the pool or moving the pool. There are some people that didn't want the park to have any pool for whatever their reason was. But I can assure you we have a petition with 2,100 signatures from park users. How many times has the public come before you with a petition, a few hundred signatures? 2,100 signatures. It was easy to get. We simply approached people who were in the park, said, "Read this. " People love that park. Multiple generations have been going there. It's a wonderful park. Of course, they want to fix the pool and save it, and preserve it. We also had the 65 percent ofMorningsiders surveyed. Commissioner, this is not one person's position. This is a majority position both inside Morningside and throughout the general public, especially people from District 5 who are the main customer base for Morningside pool and park. Thank you. Chair Hardemon: You're recognized, sir. Mr. Williamson: Thank you, Mr. Chairman. Gentlemen, the first thing I want to say is I have no personal interest, whatsoever. I just want to do the right thing, what I think is the right thing for the City. And we've evaluated this. We've had a number of consultants evaluate this, which is why we've come up with this recommendation. I do want you to understand this is still a conceptual plan. So although Mr. Cruz showed you some lines on a map there, there is more that has to go into that to truly understand what needs to be done there. We're very concerned about whether this is going to be permittable. You know, we could go down this road and start doing designs, and then we run into the question of whether we can permit this. This is a VE zone. It has many, many restrictions, and therefore, that's one of the reasons we're concerned. There are other examples in the City, as well, where we're moving pools, as well. We move them for --whether it be a sea level rise issue or perhaps a park issue that makes it a better programming location so that is also things we do in the city. I'd also want to make sure you understand, as well, is the current estimated cost for this entire general plan is approximately $30 million. About $15 million of that is to address the water quality, the drainage and the shoreline issues. Approximately the other 15 million is for the park amenities. We are currently funded at $1.2 million. We have along way to go before we even put this plan into reality. I just want to make sure that all these details are out there. We have talked to many groups, many groups. We've had three, four, five public meetings. We've had many people visit my office. I can only assume they visit other Administration members' oJ57 as well. We have looked at this from many sides. Sothis is our best recommendation to my boss, Deputy City Manager, Assistant City Manager, and the City Manager. What I would like to do, Chairman, if you would, what we wrote up -- and I want to make sure I get this into the record -- are the nine reasons why we recommend this. And I want to make sure that I read these very clearly. Number one, it facilitates park -wide efficient and effective staff oversight, security and safety. Secondly, it centralizes park programming. Thirdly, it provides for more efficient park operations and maintenance, which will reduce costs in the future. It opens access to and views of City of Miami Page 209 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 the bay. And as we all know, it's just a beautiful bay and a beautiful view up there. It creates open space adjacent to the bay for potential outdoor programming. It reduces the potential impact from sea level rise as we mentioned many times today. It enables opportunities for creative, as well as third party leverage drainage and shoreline solutions. It supports the City's resilience priorities and goals as we discussed today as we launched Climate Ready Miami. And then also, as he spoke, as well, it meets City Building Department and Florida Building Code restrictions for construction in a FEMA high -risk, or as I said before, VE flood hazard zone. So I wanted to make sure I got that on the record. I want to make sure all the details were also on the record so that you all understood the challenge that we're facing at this park. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Question for Director Williamson. What is the difference in elevation from the waterfront area where the pool is now to the place where your recommendation is over by the community center? Mr. Williamson: It's a little bit over one and a half feet. Vice Chair Russell: Right. So, really, that entire park is at storm surge risk. Mr. Williamson: Yes, sir. Vice Chair Russell: There is no high ground in that park. So coming inland, even though they're a hundred yards, isn't really going to protect us in a storm surge situation. We'll have to harden it in the same way of elevation, bringing it higher than the existing grade. Mr. Williamson: We will have to bring it up, but we won't be restricted to the VE requirements. It'll be -- it's an AE zone, so the restrictions are a little bit less, but yes, sir, we will have to restrict it. Vice Chair Russell: Would creation of the berm, which could include a living shoreline, an elevated walkway with a storm surge protector, would that move potentially the AEIVE line? Mr. Williamson: That's a tough application process. I mean, I -- Vice Chair Russell: So -- Mr. Williamson: -- we could apply for that, but whether it would be accepted by FEMA -- Vice Chair Russell: -- I know that in areas of, say, Brickell, for example, where we've raised -- or an independent developer has raised the cap on the seawall, they've actually changed their AEIVE status, changing the insurance rates, changing the flood plain map, and so that would be a good thing to explore. Mr. Williamson: Well, again, you can't explore it until you give the plan and you actually -- it's -- Vice Chair Russell: Right. Mr. Williamson: -- the chicken or the egg. You can't ask questions. You actually have to submit them --same thing for permitting. You can't step around and say, City of Miami Page 210 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 "Would you do this?" You actually have to hand them something to question whether that's permittable. Same thing for FEMA; you actually have to turn something in for them to evaluate. Vice Chair Russell: Right. Mr. Williamson: So you'd actually have to do that design. Vice Chair Russell: Yes. So I'm not in favor of bringing it fully inland, away from the views of the water and having to move other amenities. But I believe the simple criteria we could ask is that it stays within the same distance from the water as it is now, and that'll give them a little flexibility to work from a resilience perspective, a planning perspective. It gives a compromise. It gives Elvis a waterfront pool, which the community does want --not everybody. There are splits and I'm sure we'll hear from others from the civic association, et cetera. But this gives us some middle ground to work with as we go forward and start working on funding. Chair Hardemon: Mr. Cruz. Mr. Cruz: Sir. Chair Hardemon: What's your biggest worry regarding the pool? Like what is your biggest worry? Is your biggest worry that the pool will be moved to another location, that the pool will be eliminated? Do you believe -- so those are two questions. Do you believe that if we repair it, then we're guaranteed that we have a pool? Or if it's re -- or do you have a difference of opinion on if you repair it or replace it in the same location? What's your goal with it? Mr. Cruz: Thank you. First of all, I don't believe the pool is going to go away, because I'm very happy to say the City has shown a commitment to have a pool in Morningside Park despite the naysayers who wanted otherwise. As far as the location, I thought I covered it quite clearly that moving the pool to the softball field causes a domino effect of problems throughout the rest of the park, so that's a big problem. And then as far as the existing pool in the same location versus building a new pool in the same location, please know the pool has already been closed for four summers. It's not going to open this summer. If you act right away and ask for it to be fixed, it could conceivably be open for 2021. By their own estimate, the City's own estimate, they think it'll take four years to build a new pool. Commissioner Diaz de la Portilla, his office is right next to Curtis pool, which has been under construction for - - what? -- two years, about that? It just takes forever to build a new pool. Meanwhile, our kids have been denied a pool for going on five summers. It could conceivably be another four summers if you're going to go through the trouble to build a new pool. For me, it's very clear and it's not just about me. Again, there's a lot of people who agree with me. The path of least resistance, the path of least cost, the path of expediency, getting it done quickest, and the path of greatest responsibility is to fix what we have. Chair Hardemon: So when I think about repair versus replace -- Mr. Cruz: Right. Chair Hardemon: -- I -- many times I come to believe that repairing something is not always quicker and cheaper than replacing something, because when you're repairing it, you find issues. Right? You dig, you explore, you find issues. Here you described some of the things that they used, some sort of radar type system or -- Mr. Cruz: Correct. City of Miami Page 211 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- you know, imaging system to see within the pool -- Mr. Cruz: Yes. Chair Hardemon: -- etcetera. Mr. Cruz: Yes. Chair Hardemon: But I -- you know, I think about it in terms of just like homes or anything, I mean, that you -- once you open it up, you realize, okay, we got a problem. This is there, this is that, this is this. It causes time delays. You have to spend more resources to repair it, because now you -- you know, you're fully committed to repairing it. And so, you know, the argument about what's cheaper from the perspective today looking at it without digging into the ground, without actually starting to repair, you know, I'm more flexible with the whole thought process -- like the cost is the cost is the cost. It's going to cost what it's going to cost. But the job that we're trying to do is to ensure that we have a pool -- as Commissioner Russell put it -- on that waterfront or 100 feet from the waterfront, preferably in that same space. And so, you know, in trying to find a compromise here, Commissioner Russell has expressed his desire that we want to keep it at least the same distance from the waterfront, at least the same distance. It seems to be your biggest worry then if not having a pool is the timeline to produce the pool. Mr. Cruz: And location. Chair Hardemon: As long as it's -- when you say "location, "you mean as long as it's not put where the softball fields are, et cetera. So as long as it's within 100 feet of where it is -- or from the shoreline, then that seems to be agreeable to you. The only disagreement that you have is the timeline that it takes to actually produce the pool. And you believe that repairing the pool would take less time than actually building a new pool. Mr. Cruz: Yeah. The City Manager agreed with us on that when we had a meeting with him. But to the point that you mentioned about you might find things when you start to actually construct, that you might run into surprises, that is the specific reason that Zerry wanted the third engineering report. And I have the slide up now where you can see the page from that third engineering report where the engineer took the original plans from 1953, and that's where they used the ground penetrating radar to analyze the structure and make sure that there would be no surprises. They looked at the reinforcing steel. That's specifically why this study was done, to handle those surprises. Let me remind you that even with new construction, you can run into surprises. We heard an example of that today when somebody said, "Oh, we want to build a building. But we've suddenly discovered that there's an FP&L (Florida Power & Light) line running through the middle of theproperty." So I wouldn't necessarily use potential surprises as a reason to not fix the existing pool. But even then, as I mentioned, $35, 000 spent on an engineering report -- let me turn it the other way around. If this report had come back and said, "The pool is beyond economical repair, "game over. But this is why you guys hire experts. This is why you spend taxpayer money. And this is what they said. And Mr. Williamson has nothing personal in the game; these people certainly do not. If anything, it's easier for an engineer to say, "Tear it down." That way they don't have to worry about recommending something that didn't work out. Chair Hardemon: Right. Commissioner -- Vice Chairman. City of Miami Page 212 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Thank you. I just wanted to clarify there was an exaggeration in my opinion made regarding repair versus new. The idea that it takes a new pool four years to be created, we're planning one right now in Coconut Grove in Virrick Park, brand-new construction, 18 months. And I'd be glad to work with any of you on the pools that you're planning for your districts to see that the kids are out of action for the least amount of time. We're choreographing this one so that they get done with their summer program, hopefully budget, permitting, everything allowing. As soon as the summer program is finished, we break ground. 18 months later, they can -- they'll lose one summer and be open the following summer. That is absolutely possible; am I wrong? Mr. Williamson: That's our plan as we spoke yesterday. Vice Chair Russell: Now what about repair? I need your honest opinion as our Capital Improvements Director with regard to repair, because what I've been led -- what I've heard from our department, both Parks and your department, is that repair is not the right way to go. Can you go into that, please? Mr. Williamson: So let me reiterate that, again, our recommendation from the staff is to move the pool to a different location. So that's our recommendation. But I do believe there are four courses of action. It's the pool where it is, repair; pool where it is, new; move the pool to another location or no pool at all and we put the money in Athalie Range and really make that a year-round pool. So I think those are the four courses of action that we've evaluated. The two that we've evaluated the most is the new one on the shoreline and the new one in the new location. We have not gone into detail as much as we have on the repair. Vice Chair Russell: Yes, so from a policy perspective, you can take number four right off the menu. Mr. Williamson: I just wanted to say which -- Vice Chair Russell: I understand. Mr. Williamson: --four that we've evaluated. Vice Chair Russell: Yes. So we will have a pool for this neighborhood. Mr. Williamson: I recommend, sir, that we -- then give us some time to come back and there's a reason why we hired these experts. Expert consultants don't make decisions for the City. They provide information to the City. It is our expert staff who then make the decisions, so I just want to make that sure -- clear. We hire a lot of consultants who provide us a lot of us conflicting information. It's our job to decipher that information. So my recommendation, Mr. Chair, is for us to go back, come forward with three -- with three courses of action evaluated on selected criteria -- and we can actually ask you which criteria you believe those should be -- and we can give you a recommendation based on the -- Vice Chair Russell: If the motion of this board passes, it'll only be two options. It'll either be -- it'll be within the 90 feet of the water, new or within 90 feet of the water, repaired. I think those are really the two options that this board would like to see from a policy perspective. And if we're told at that point there is no physical way that it's financially feasible to build a pool that close to the water -- which I know that's not true -- hotels do it all the time; resorts do it all the time -- then we'll look at option three. But I think in the meantime, the will of this board it sounds, depending on the vote, is to narrow your options down so that we get feedback just on repair versus new. City of Miami Page 213 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: But what I want to clam -- because I know Commissioner Carollo's motion is to repair. I remember it being -- it was about location. It was like what he said. I thought I remember him saying repair or build new at that location, at that location. Commissioner Carollo: That's right. Chair Hardemon: And so I know, Commissioner Russell, your request was for him to be a little bit flexible, which is repair or build new at that location or at another location within the same -- Vice Chair Russell: The same distance from the water. Chair Hardemon: -- distance from the water. Were you willing to accept that sort of amendment? Commissioner Carollo: No. I said, "at that location." Chair Hardemon: No, but my question is, are you willing to accept the amendment that he -- Commissioner Carollo: I said, "at that location. " I'm not willing to accept that. Vice Chair Russell: Why? Chair Hardemon: Okay, then that's -- he's not willing to accept that. Vice Chair Russell: Just curious from a -- I mean, these are things -- to understand that park very carefully that's -- I'm just curious why you would not have flexibility north -south a little -- Commissioner Carollo: Ken, because -- Vice Chair Russell: -- because it wouldn't shuffle the (UNINTELLIGIBLE) -- Commissioner Carollo: Number one, what I truly believe is that based upon everything that we have been presented here today, the cheapest way to go is to repair that pool. And I would be very, very surprised if I hear something different. And since we're going to have a new Administration here shortly, I'm hoping that by the end of the day, Mr. Napoli would finally -- since he didn't want to do it last week -- give us a letter of resignation. But you know, I wouldn't be surprised if this Administration wants to go down to the last day being insubordinate and not respectful of this Commission -- or not accepting of this Commission, their bosses. That wouldn't surprise me. But since we're having new people that are coming here, I want to make sure that they understand what we say. Now if for any reason everything that he's presenting is not so, he's perjuring himself under oath, which I would doubt very much. That still would be the best location for that pool to be in. I don't know why you keep wanting to drag the pool somewhere else. I mean, did you promise someone to move it somewhere else? Do you know someone that's in the pool business? I don't know. I mean, he's giving you a very good firm that says it could be repaired. And from the numbers that I'm seeing, the repair numbers are much cheaper than putting a new pool. But you know, normally, that's the case. Vice Chair Russell: So then your motion is for repairs, specifically; it's not for the location? I just want to be clear, because -- City of Miami Page 214 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: My motion stands as it was. I'm tired of -- Vice Chair Russell: I just need to understand it, because it's not clear enough. Commissioner Carollo: Well, if you don't understand it, that's your problem. Go back to the minutes. I've stated -- Chair Hardemon: It's our problem. Commissioner Carollo: -- numerous times already. Chair Hardemon: We all need to understand -- Commissioner Diaz de la Portilla: Mr. Chairman. Commissioner Carollo: I've stated it numerous times already. You've been wasting time and time. This is part of how you like to do things. Vice Chair Russell: Oh, no. I think this is all a waste of time. Commissioner Carollo: When you don't see that you have votes, then you want to tire people out and you keep talking and talking and talking. You're good at talking. You sold millions of yo yos by talking. Vice Chair Russell: Wow. And pool supplies. Commissioner Carollo: But remember, you sold them to all the kids. You got grown- ups here and they are a different ballgame. So I'm asking you, if you don't like it, then don't vote for -- Vice Chair Russell: I don't know what I'm voting for, really. Commissioner Carollo: -- the resolution that you have. Vice Chair Russell: Please tell me. Commissioner Carollo: I've explained it to you numerous times already, Commissioner. How many more times do I need to explain it? Vice Chair Russell: Just once. Commissioner Carollo: No, you're not getting it. I've explained it already to you. Commissioner Diaz de la Portilla: I call the question, Mr. Chairman. Vice Chair Russell: What's the question? Commissioner Diaz de la Portilla: The question is that he wants the pool in that location whether it's repaired -- that's his motion -- or a new pool in that location, not two feet to the left and not two feet to the right. Chair Hardemon: But the problem -- Commissioner Diaz de la Portilla: That's the motion. Vice Chair Russell: Thank you. City of Miami Page 215 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: -- the problem -- Commissioner Diaz de la Portilla: Is that clear? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: It's clear what you just said. But the problem is that what I just heard from Commissioner Carollo was that he was not interested in a new pool; he was interested in a repair, repair in the existing space. Commissioner Diaz de la Portilla: But he repeated the motion, Mr. Chair. Commissioner Carollo: The motion stands. Commissioner Diaz de la Portilla: He clarified. The motion stands and I've called the question. Chair Hardemon: Well, I need to understand what the motion is. There's unreadiness about what the motion is. Vice Chair Russell: Who is the seconder? Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: And now -- Commissioner Carollo: Commissioner Diaz de la Portilla has just explained my motion. Vice Chair Russell: Okay. Commissioner Carollo: Mr. Clerk, can you dome a favor? Vice Chair Russell: So he's clarified that he's in accordance with Diaz de la Portilla. Commissioner Carollo: Can you read from the minutes what the motion is? Maybe I needed -- Mr. Hannon: Commissioner -- Commissioner Carollo: --to have passed out smart pills today; I don't know. Chair Hardemon: Commissioner -- Commissioner Carollo: But -- Chair Hardemon: -- Carollo, you know, time and time again, you're making comments -- Commissioner Carollo: I am, Commissioner, because -- Chair Hardemon: -- (UNINTELLIGIBLE) offensive to your other Commissioners. City of Miami Page 216 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: -- (UNINTELLIGIBLE) -- Chair Hardemon: No one's commented (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: But he's not the only one. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: He's not the only one, sir. Chair Hardemon: Hear what I'm saying. I haven't heard anyone trying to offend the Commissioner. And so all I'm asking for -- Commissioner Diaz de la Portilla: I did. I did. Chair Hardemon: -- all of us, for all of us, we can do these arguments. We can make these arguments -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: -- make them passionately without trying to offend each other. Commissioner Diaz de la Portilla: Yeah, I agree. Commissioner Carollo: Mr. Chairman, look -- Chair Hardemon: That's it. Commissioner Carollo: -- you all could play all the games you want -- and this is a game. Chair Hardemon: It is not a game. I allowed the -- Commissioner Carollo: This is a whole game. I keep explaining. You keep saying you don't understand it. Well -- Chair Hardemon: I'm the Chairman. I need to understand what it is that we're voting on. I believe the pool should be in the same location. Mr. Cruz knows that. Don't you know that, Mr. Cruz? Mr. Cruz: Thank you, sir. Chair Hardemon: That is something that I've always been in favor of. Commissioner Diaz de la Portilla: Can we have -- Mr. Chair, can we have the Clerk just repeat the motion? Then we vote on it. I think I've called the question and parliamentary procedure means we vote on it when the question's been called. So if we can clam -- Chair Hardemon: Not necessarily. Commissioner Diaz de la Portilla: Actually, it does. Chair Hardemon: Hear what I'm saying to you. Commissioner Diaz de la Portilla: But I don't want to get in debate with you, Mr. Chairman. City of Miami Page 217 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: Hear what I'm saying to you. The Clerk can explain to you the rule. Commissioner Diaz de la Portilla: Sure. Chair Hardemon: We call the question; we have a second of calling the question. There's no debate about calling the question.. Commissioner Diaz de la Portilla: Is there a second on calling the question? Chair Hardemon: We go straight to the vote, et cetera. Commissioner Carollo: There's a second on the question being called. Vice Chair Russell: No, we have public comment. Chair Hardemon: No. We don't know what the question is. That's the problem. That's the unreadiness. It's not about discussion. Commissioner Carollo: Well, the question is very clear. Well -- Chair Hardemon: It's about discussion -- it's not about discussion. Commissioner Carollo: We can play this same game with you on every time you make a motion. Chair Hardemon: Sir, it's not about discussion. It's about the question that is before us. There is unreadiness about the question. Once we hear from the Clerk, then we'll open the floor for public comment, and then we'll take the vote. Mr. Clerk. Mr. Hannon: Chair and Commissioners, I must go back to my notes from 12: 03 p.m., where basically I have the motion being to keep Morningside Pool at its present location. And then -- Commissioner Diaz de la Portilla: That's it. Mr. Hannon: -- down the road, if it's going to be repaired, a new pool, whatever the case may be, but the motion was to keep Morningside Pool at its present location. Chair Hardemon: Okay. I open the floor for public comment. Is there anyone from the public that would like to speak on this motion that's before us? You have two minutes to address the body. State your first name and your last night. Vice Chair Russell: You can use this lectern, as well. Chair Hardemon: And you may state your address. Jamie Rosenberg: Thank you, Commissioners. My name is Jamie Rosenberg, and I am the chair of the Morningside Civic Association Parks Committee. The Morningside Civic Association is the elected body of the community, elected to represent the voice of the majority of the community. And I'm here to ask -- I apologize -- that the Commission reconsider taking action on the motion and an issue that was given no notice to the community, zero notice. In fact, Elvis, what was the item that you listed for the item today to be heard? Was it specific about Morningside Pool or what -- how did you list it? City of Miami Page 218 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Chair Hardemon: I'll answer the question for you. Mr. Rosenberg: Okay, what was it? Chair Hardemon: On our Commission agenda plasma, it states, "Personal appearance, Elvis Cruz. " Mr. Rosenberg: Okay. So in other words, there was no notice given to the community, whatsoever that the Commission would be discussing -- or that Elvis would be discussing the Morningside Pool. Had there been notice, there would be adequate and sufficient voice from many aspects of the community, many aspects of the community who have a very strong opinion on this issue. To take a vote without any notice would be a travesty in transparency. Ms. Mendez: I'm sorry, sir. Mr. Rosenberg: So I would like to review some of the actions that occurred -- Ms. Mendez: Sir. Mr. Rosenberg: On a -- Ms. Mendez: There was notice. Mr. Rosenberg: Okay. So this issue has been debated over three years, dozens of meetings have occurred, hundreds ofpeople have voiced their opinion so strongly that -- Elvis was president of the Morningside Civic Association. His opinions were so disliked he was voted out of ojfce on this very issue. Mr. Cruz: News to me. Mr. Rosenberg: After hundreds and hundreds and hours of meetings, your employees presented a plan to the general community. We are listening to your employee experts that are telling the community every possible fact that we could have to make an educated decision. The decision was a general plan presented. When that general plan was presented, the Morningside Civic Association passed a resolution, 9-3, accepting the general plan. Chair Hardemon: Can you clarify something for me? The plan that you're supportive of, does it include a pool? Mr. Rosenberg: It includes a pool located near the rec facility so that the children can be safer, so that there could be more safety for the kids. Chair Hardemon: So is that the plan that is -- that moves the softball park and creates a combined softball and soccer field? Mr. Rosenberg: The plan was presented as this: That the pool could be located here and everything else can be on the table. In fact, the park Commissioner came back to the MCA (Morningside Civic Association) meeting and said specifically she was going to reconsider the relocation of the softball field and she was going to reconsider combining a soccer field and a softballfield; that it was noted for the record that the general plan, as it was laid out, pertaining to the softball field was not set in stone; that everything was up for debate. The general plan was just the blueprint for which a conversation could be started, and to the City's credit, took input and said, "You know what, that makes sense. Maybe we should not combine the City of Miami Page 219 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 soccer field and the softball field. We're going to go back to the drawing board on that. " There's so many moving pieces -- Unidentified Speaker: Mr. Chair. Mr. Rosenberg: -- so many important aspects, so many hours of input from so many different people -- Commissioner Reyes: Mr. Chair. Mr. Rosenberg: -- that have voiced their opinions for the Commission to take a vote on this very sensitive issue with no transparency, giving no one the right to speak. I literally was -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. Rosenberg: --called by the president of MCA. I would drive down from Hollywood, leave my job, because no one knew this was even happening. Chair Hardemon: Sir -- Ms. Mendez: Okay, I'd like to -- Chair Hardemon: I gave -- right. I gave him a little bit more time, obviously, because he's representing a civic association. Is there anyone else here from the public that would like to speak on this item? I want you to make sure you come. Madam City Attorney, do you want to clam something on the record? Ms. Mendez: Right. I don't like the fact when a member of the public says that this Commission is not giving proper notice to anyone in the community. It clearly said that this was a personal appearance by Elvis Cruz regarding Morningside Park. It said that legislation may result from the City Commission's consideration of any personal appearance. Thank you. Mr. Rosenberg: No notice of the pool. Chair Hardemon: I understand what you mean. Mr. Rosenberg: Okay, you understand. Commissioner Carollo: Mr. Chairman, if I may say? Chair Hardemon: Yes. Commissioner Carollo: The way that personal appearances are always handled and need to be handled by the Charter is precisely as the City Attorney described it. As we advertised when we printed this agenda that it says, "Personal appearance by Elvis Cruz regarding Morningside Park. " At the same time, we had another personal appearance. Personal appearance by Jane Gilbert regarding the Miami Forever Climate Ready strategy. So you see how we do it. The only one that wasn't done that way was the one that should have never been as a personal appearance, and then they canceled after they cried before that they didn't get an opportunity, because the meeting was canceled, which was the personal appearance by the City Manager. And City Managers don't get personal appearances. Chair Hardemon: Once again, Commissioner, it was offensive to the City Manager. You're recognized. City of Miami Page 220 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Unidentified Speaker: Okay, well -- Commissioner Carollo: Yeah, but all that the City Manager did to me -- Chair Hardemon: He's quitting. Commissioner Carollo: -- and you stood by it, and so did Commissioner Russell, that was not offensive, correct? Chair Hardemon: I didn't stand by anything, sir. I'll tell you this, I thinkpeople misunderstand you. I think many times that people do things to you that are wrong. I think you express them on this dais, and I think the tone in which you do it is what people -- causes people not to hear you, because people should hear you, because when you talked about your wife, you were victimized. When you talked about what happened at your house, I believe that was wrong, and I can understand why when you brought up those things and it didn't happen to the City Manager, why you should feel some kind of way. I would feel some kind of way, so I'm with you on that. I completely get those things. I think that many times -- and I'll end it by saying this, and I'll let the woman speak -- that you -- people do cause harm to you, and that is wrong. You express it, and no one helps you, and that is wrong, because they should. That's all I'm going to say about that. You're recognized. Commissioner Carollo: And Commissioner, let me answer that briefly. I've been extremely patient here. I've taken it and I've taken it, and I've taken it. No more. I can recollect times that you have been scratched, and unlike me that have taken it and taken it, you jumped right away. Maybe that's what I should have done. But see, my items, when I put them to try to go through the process and the rule of law, kept being put at the end of the agenda where we could never get to it. While I was being defamed through the Manager, through the Deputy Manager on questioning my service to this country in the Marine Corps, whether they liked the service or not, that's their problem, but I had an honorable discharge. Questioning many other things about me, giving information to the media when there were no public requests made and when we all know that there's a procedure that has to go through the City Attorney when reporters ask for information on something that was being (UNINTELLIGIBLE) before. So just because somebody fails to kill you when they shoot at you doesn't mean that they didn't try. And these individuals have tried for months to see how they could disgrace me, they could make me ineffective, keep me busy trying to defend myself from lies and fake news, and some here let it happen. And then after all these months that a disgraced cop, a thug cop that was allowed to come here and attack me, a former Chairman let him do it and lie about me. The City Manager was given directions that everybody could see. They were laughing back there and nobody did anything, and all the violations that he was making, these departmental rules and regulations that would not allow a police officer to do that, and only after this became national news, mysteriously he gets separated from the department until we see what happens. And by the way, before this meeting is over, I'd like to get some answers on that, because I think we all deserve to know; in particular, the National Football League players that are going to be coming down since he arrested several of them in the past, what's the status of this guy. Is he going to be out loose during Super Bowl or not? Thank you. Ms. Mendez: Commissioner, quickly, I just wanted to clarify just because things can get taken out of context. My understanding is that nothing that had to do with the events of last week and Mr. Ortiz coming to speak here had to do with his suspension. I just wanted to clam -- City of Miami Page 221 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: City Attorney, I appreciate that. But you know who I wanted to verify it and to tell us is the Police Chief, because this individual has been protected here tremendously by this Administration, by the Police Chief. I want to know why all of a sudden, after all the protection, he gets suspended all of a sudden. We need to know; the public needs to know. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes. Commissioner Reyes: Mr. Chair, I think we're going around and around and around and I don't know why, because this -- I mean, the motion is very simple. Chair Hardemon: Well, it's public comment now. Commissioner Reyes: The motion is very simple. Hold on a second. Let me finish. The motion is very simple. We are voting on keeping the pool at the location that it is. If it is going to be repaired or it's going to be new, it all depends on the cost and that's it. The motion is don't move it from there. Don't take away the baseball -- I mean, the softball field and don't take away the playground. The pool should be oceanfront. That's the only motion. That's the only thing that we're discussing here. Now it has been going around and (UNINTELLIGIBLE) I don't know why. It's a tactic or it's whatever, but you call the question. Commissioner Carollo: Yes. Commissioner Reyes: Okay, I'll second calling the question and let's get going, because we're going to be going around and around. I have seen this before. I have seen this before. So I think that at this time what we have to do is vote 'yes " or "no" on the motion, and keep on going. That's it. The motion is very simple. The majority of this board, if they want, they vote 'yes, " want that pool to stay in the someplace. That's it, that's it. If there's going to be repair or it's going to be a brand-new pool, it is a function of cost; that's it. And before you decide if it's going to be repaired or if it is going to be a brand-new pool, you will have to come to this body. Is that clear? Well, that's all. Mr. Rosenberg: If I could add, for example -- Chair Hardemon: One second, sir. Mr. Rosenberg: I'm sorry. Chair Hardemon: One second. I'll acknowledge the fact that we have called the question and that it was seconded. We will vote on that without discussion. However, I need to have public comment come to a completion before we vote on the matter. So I'm asking the young lady to speak for public comment. Julie Lotspeich: Alright, thank you. My name is Julie Lotspeich. I live at 1311 Caprese Street, in Coral Gables. I grew up in Bay Point, which is adjacent to Morningside Park. My mom still lives in Bay Point, right next to Morningside Park. And I have been there on a number of weekends where families are enjoying the park and having a great time. And it's a shame that four summers have gone by and the children in the area have not been able to use the pool there. Like so many problems, this boils down to time and money. It seems like time and money are both on the side of renovating the pool instead of destroying the softball field and starting all over again. I think I heard someone say that only one point something million has been raised towards this pool so far. If it's four million to renovate the pool at its existing City of Miami Page 222 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 location and eight million to build a new location --pool in the new location, then it makes sense to really dig in and try in any way possible to renovate it in its current location. In terms of safety of the children, the softball field is probably used much more often by the children than a pool -- Mr. Rosenberg: It's never used; never used. Ms. Lotspeich: -- so it makes sense to have the softball field being close to where the administrators are. So -- and the pool would have its own lifeguards and whatnot, so I just think it makes a lot more sense to vote on it to hopefully renovate it in its current location. Chair Hardemon: Thank you, ma'am. Is there anyone else from the public that'd like to speak on this item? Seeing none, I'll close the public comment. It was properly moved and seconded to call the question on this item. All in favor of calling the question, say so by saying "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. And then may I have a roll call vote, please? Mr. Hannon: One moment, sir. Commissioner Reyes: Can you please read the motion, please? Chair Hardemon: Oh, I'm not reading the motion -- Vice Chair Russell: No. Chair Hardemon: --again. Commissioner Reyes: No, I'm not talking to you. Chair Hardemon: I'm not reading it. Commissioner Reyes: Whoever is going to. Commissioner Diaz de la Portilla: Let's just vote. Mr. Hannon: Ready to vote then, gentlemen? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Yes. Mr. Hannon: Understood. Roll call vote on a motion to keep Morningside Pool at its present location. Commissioner Russell? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Commissioner Diaz de la Portilla? City of Miami Page 223 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Hardemon? Chair Hardemon: I agree it should be in the same location. I'm voting 'yes "for that. The only issue that I have is that I do believe that we should have provided more notice to the community. Even ifl disagree necessarily with the location, where it should be, I think you're due an opportunity to come and speak your grievance. I think it is a little bit more difficult for it to be on a public appearance item and then for you to know, okay, we should come and address this issue. So -- but I'll -- but for the record, I'll vote for it to be in that location. Mr. Hannon: Motion passes, 5-0. Mr. Cruz: Thank you, gentlemen. Thank you very much. Thank you, Ken, for keeping your promise. Goodman. City of Miami Page 224 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NA.5 ATTORNEY -CLIENT SESSION 7125 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 FEBRUARY 13, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE 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 ATTORNEYS 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 CITY OF MIAMI COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. V *'ill0 � 116Yfl11*1=19, Chair Hardemon: Calling the January 23, 2020 Miami City Commission meeting back into order. What I'd like to do is allow our Assistant City Attorney to read a message into the record for a shade meeting. I believe there's a shade meeting. And then from there, we'll open up the floor for public comment on the P&Z (Planning and Zoning) items. Barnaby Min (Assistant City Attorney): Thank you, Mr. Chairman. Mr. Chairman, members of the Commission, pursuant to the provisions of Section 286.01](8) of the Florida Statutes, the City Attorney's requesting that at the City Commission meeting of February 13, 2020, an attorney -client session closed to the public be held for the purposes of discussing the pending litigation in the matter of West Flagler Associates, Limited versus the City of Miami, Case Number 19-CV-21670-RATS, pending in the United States District Court for the Southern District of Florida. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. The City Commission will -- well, we're asking that this meeting start at approximately 10 A.M, under the parameters of Section 286.01](8) Florida Statutes. The private meeting will conclude approximately one hour later. The session will be attended by the members of the City of Miami Page 225 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 City Commission, which includes Commissioners Alex Diaz de la Portilla, Ken Russell, Joe Carollo, Manolo Reyes and Keon Hardemon; City Manager Emilio Gonzdlez, City Attorney Victoria Mendez, Deputy City Attorney John Greco, Division Chief for General Litigation Christopher Green, and Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure the session is fully transcribed and the transcript will be made public upon the conclusion of the 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. Thankyou, Mr. Chairman. Chair Hardemon: Thank you very much. NA.6 DIRECTIVE 7128 DIRECTIIVE BY COMMISSIONER CAROLLO TO THE CITY City Commission ATTORNEY TO TRANSMIT A LEGAL OPINION TO THE MAYOR, MEMBERS OF THE CITY COMMISSION AND CITY CLERK REGARDING CITY OF MIAMI CHARTER SECTION 4(H) AND HOW THE MAYOR'S SALARY MAY AFFECT THE SALARY OF THE COMMISSION. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item NA.6, please see Item RE.6. Chair Hardemon: RE.6. Commissioner Carollo: RE.6 and DI.I are combined items. Madam City Attorney - Chair Hardemon: With DI.I ? Commissioner Carollo: Yeah. If I may ask the following from you: If you -- you're ready? Okay. If you could send to all the members of the Commission, and the Mayor, and the Clerk a legal opinion reference your legal interpretation of when the Charter change is made for a salary to the Commission, how that is connected or not anymore to the present salary of the Mayor. In other words, if the 60 percent that the Commissioners received, their salary back whenever this was passed, that was the 60 percent of the Mayor's salary back then, if that would be affected either way; whether the Mayor has a higher salary, or a lower salary, if that would affect either way the salaries of the Commissioners. I'd like a legal opinion on that, and if you could send copies to all the elected officials and the City Clerk. Victoria Mendez (City Attorney): Right. We don't have a written legal opinion on that; it's just based on the plain language -- Commissioner Carollo: Yeah, but what I'm asking is for -- Ms. Mendez: To write one? Commissioner Carollo: -- to write one, if you want on the plain language of -- however you see fit that you want to write it, but I want a clarification on that, because there is some fake news that's being put out there on our salaries. So, you know, take your time on that, and what I'd like to do then is to defer these two combined items and combine them into one. This would be RE.6 and DI.1. City of Miami Page 226 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Commissioner, I don't believe there's a DI.1. Which item are you referring to? Commissioner Carollo: Well, there is a DI. I -- Commissioner Reyes: Yes, DI.1. Commissioner Carollo: -- but that's in the -- Vice Chair Russell: On the supplemental agenda? Commissioner Carollo: Yeah. That's on the supplemental agenda. Vice Chair Russell: I believe it's ST 1. Commissioner Carollo: Well, I have here -- Commissioner Reyes: No, no, no. Commissioner Carollo: -- I have a DI.1, so. Commissioner Reyes: We have a DI. I here. Commissioner Carollo: Yeah. I have a DI.1. That's what I'm seeing. Commissioner Reyes: DI.1. Vice Chair Russell: Right. I believe it is a DI (discussion) -- Ms. Mendez: Page 20. Page 20 is DI.1. Commissioner Reyes: Outside employment of the Mayor; that's what I'm reading here. Commissioner Carollo: Yeah, outside employment of the Mayor is DI.1. Commissioner Reyes: And the other one is fixing and establishing the composition for the Mayor which -- Commissioner Carollo: Right. Commissioner Reyes: -- was RE.6. Commissioner Carollo: So if we could defer this to the next meeting that we have, and if you would give us a legal opinion on what I've requested by that date of the meeting. City of Miami Page 227 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NA.7 RESOLUTION 7143 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: Anthony Balzebre Joe Carollo Joe Milton NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes ENACTMENT NUMBER: R-20-0028 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): And Chair, I do have names for the Affordable Homeownership Loan Program Task Force. Vice Chair Russell will be appointing Anthony Balzebre, and Commissioner Reyes will be appointing Joe Milton. Commissioner Carollo: And I will be appointing myself. Chair Hardemon: Can you state for the record again exactly what committee that is? Ms. Ewan: Yes. This is the Affordable Homeownership Loan Program Task Force. Chair Hardemon: And so, we're noting for the record three appointments, including Commissioner Carollo that wants to appoint himself. Ms. Ewan: Correct. Chair Hardemon: Is there a motion to the like? Commissioner Carollo: There's a motion. Chair Hardemon: Been properly moved; seconded by anyone? Commissioner Reyes: I'll second it. Chair Hardemon: Seconded by Commissioner Reyes. Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Ms. Ewan: Thank you, Chair and Commissioners. City of Miami Page 228 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NA.8 RESOLUTION 7144 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE MIAMI 21 REPORT AD HOC TASK FORCE Cierk FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Iris Escarra (Land Use Law and/or Real Estate Development Law) ENACTMENT NUMBER: R-20-0029 NOMINATED BY: Commissioner Keon Hardemon MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: I do want us to revisit the Miami 21 Report Ad Hoc Committee -- or Task Force. I want to include a name, so I ask that there's a motion to be inclusive of the name that I want to include. In the attorney's position -- or one of the attorney's position -- Ms. Iris Escarra. Vice Chair Russell: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair. Commissioner Carollo: I'm sorry, what was that about? Chair Hardemon: The Miami 21 Report Ad Hoc Task Force. There are different categories. Commissioner Carollo: Yeah. Chair Hardemon: They have attorneys -- Commissioner Carollo: Right. Chair Hardemon: -- more than one, I believe, and one of the attorneys that I want to add to that is Ms. Iris Escarra. Commissioner Carollo: Okay. All right. Chair Hardemon: Any further discussion -- Commissioner Carollo: Do you accept that, Iris? Iris Escarra: I'd be honored. Chair Hardemon: Seeing no further discussion, all in favor, say "aye. If City of Miami Page 229 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. NA.9 RESOLUTION 7116 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, WITH THE ASSISTANCE OF THE CITY Commissioners and ATTORNEY AS NECESSARY, TO CONTACT, CORRESPOND, Mayor AND MEET WITH APPROPRIATE OFFICIALS AND REPRESENTATIVES OF THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN ORDER FOR FDOT TO REVIEW, INVESTIGATE, AND ANALYZE SAFETY MEASURES NEEDED ON SOUTHWEST 8 STREET (ALSO KNOWN AS "CALLE OCHO" AND "TAMIAMI TRAIL") BETWEEN SOUTHWEST 42 AVENUE (ALSO KNOWN AS "LEJEUNE ROAD") AND SOUTHWEST 57 AVENUE (ALSO KNOWN AS "RED ROAD"); FINDING THAT THIS RESOLUTION IS OF AN EMERGENCY NATURE DUE TO PUBLIC SAFETY CONCERNS INVOLVING PEDESTRIAN FATALITIES AND ACCIDENTS OCCURRING ON THIS PORTION OF SOUTHWEST 8 STREET. ENACTMENT NUMBER: R-20-0016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Okay. It looks like -- oh, we have a D4 (District 4) pocket item. Commissioner Reyes: Yes, sir. Chair Hardemon: This is a resolution by the Miami City Commission, directing the City Manager, with the assistance of the City Attorney, as necessary, to contact, correspond, and meet with the appropriate officials or representatives of the Florida Department of Transportation in order to -- for FDOT (Florida Department of Transportation) to review, investigate, and analyze safety measures needed on Southwest 8th Street between Southwest 42nd Avenue and Southwest 57th Avenue; finding that this resolution is of an emergency nature due to public safety concerns involving pedestrian fatalities and accidents occurring on this portion of Southwest 8th Street. Is there any member from the public that'd like to comment on this item? Seeing none -- Commissioner Carollo: Commissioner Reyes makes a motion, I'll second it. Chair Hardemon: -- it's been properly moved by Commissioner Reyes through his head nod; and a second by Commissioner Carollo that we approve this measure. Any discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 230 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 NA.10 RESOLUTION 7145 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT Clerk ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Alex Diaz de la Portilla ENACTMENT NUMBER: R-20-0030 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell NOMINATED BY - Commission -At -Large Note for the Record. For minutes referencing Item NA.10, please see Item SL 5 on the supplemental agenda. NA.11 RESOLUTION 7129 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING City Commission THE CITY MANAGER TO CANCEL POLICE EXTRA -DUTY DETAIL SCHEDULING AND MANAGEMENT SERVICES REQUEST FOR PROPOSALS ("RFP") NO. 1178386, ISSUED ON JANUARY 13, 2020; AND, FURTHER DIRECTING THE CITY MANAGER TO PREPARE A REVISED RFP DEVELOPED IN CONSULTATION WITH AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY COMMISSION PRIOR TO ISSUANCE. ENACTMENT NUMBER: R-20-0024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Commissioner Carollo: We have passed out earlier this pocket item. Madam City Attorney -- well, I'll read it. Victoria Mendez (City Attorney): It -- okay. Chair Hardemon: I'll read it, I'll read it for you. Commissioner Carollo: Okay, thank you. Chair Hardemon: It's a resolution of the Miami City Commission directing the City Manager to cancel police extra duty detail scheduling and management services Request for Proposals Number 1178386, issued on January 13, 2020; and further directing the City Manager to prepare a revised RFP (Request for Proposals), developed in consultation with and subject to the review and approval of the City Commission prior to issuance. Is this another one? No, I have this. Okay. So the City of Miami Page 231 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 title of it was read into the record. Is there anyone from the public that'd like to speak on this item? Seeing no person from the public that wants to speak on this item -- Commissioner Carollo: A motion. Chair Hardemon: -- I will close the public hearing, because it was opened and closed. Commissioner Carollo: Okay. Is there a second to my motion from anyone? Commissioner Reyes: Second. Commissioner Carollo: A second. Chair Hardemon: It's been properly moved and seconded to approve this resolution. Commissioner Carollo: Can we get a full body here of the board, please? Commissioner Reyes: (INAUDIBLE) through the glass. Commissioner Carollo: Everyone is hungry and everyone's tired. Vice Chair Russell: So there's a problem with the current RIP, and you'd like to revise it. Commissioner Reyes: That's right. Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla, this is the resolution of a pocket item that I passed, with an RIP that went out that we were not consulted on, and it's been properly -- a motion has been properly made and seconded. If you need any more information on it, I'd be happy to address it; if not, if we could get a vote on it. Commissioner Diaz de la Portilla: What is it? Chair Hardemon: You're recognized, Vice Chairman; then I'll recognize you, Commissioner. Vice Chair Russell: Thank you. So my understanding is that they are -- the Police Department is seeking a third party to manage the Off -Duty Policing Program, and - Commissioner Carollo: No, no. Vice Chair Russell: -- as it's done in other cities. Commissioner Carollo: Not quite. Vice Chair Russell: That's not what this is about? Commissioner Carollo: Not quite what they're doing. This is what I'm asking; that we -- Vice Chair Russell: But they --? Commissioner Carollo: -- are consulted to do that. City of Miami Page 232 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Vice Chair Russell: Yes, but they're already in the process of an RFP. My question is, is there apart of that RFP specifically that you disagree with that's not going -- Commissioner Carollo: Yes. Vice Chair Russell: -- it's going away -- Commissioner Carollo: Yes. Vice Chair Russell: -- or find the right provider? Commissioner Carollo: Yes. First of all, this RFP, they took off running when they knew that I was looking to put one. In fact, you even met with some of the people, because we put them available to meet with anyone from the Commission, so we could get areal third party to handle off -duty. What they're really asking for is not that. They're asking for a process --going to take a year or more --so they could get -- instead of giving it to a third party -- it's got nothing to do with anybody -- they want to include software in here so that the fox could still keep keeping track of the hens. And what I'm saying is that this is something that this Administration knew; that it should have come to us, so we could have discussed it before anything went out. The department knew that I was working on this, and instead, this has been put out in a very different fashion than it should be put out. And, of course, 20 days RFP. The Administration, before they leave, will want to see how they could make a decision on this since it's supposed to come back on February 5, I believe. It went out on January 13. It closes February 5. So what I'm saying here is that we squash this; they meet with us, so we could go over on a process that would truly resolve the problems that we've had, and truly put out an RFP for a real independent third party to handle this; not software, not anything else similar. Chair Hardemon: So I acknowledged the Vice Chairman. He posed a question to Commissioner Carollo, and he answered. Do you have anything further you want to add? Seeing none, I want to go to Commissioner Diaz de la Portilla for -- Commissioner Diaz de la Portilla: I think the Commissioner explained it. He wants the Commission input into any RFP -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- moving forward, and to reverse the decision of the RFP that was already issued. Correct? Correct? Commissioner Carollo: Absolutely. Chair Hardemon: So I'll recognize the Chief of Police, Chief Colina. Commissioner Reyes: Excuse me. I have a question, and I think that you asked me. This is to get us -- get the Commissioners involved in the -- Commissioner Carollo: Sure; to squash this that they put out that is an extremely watered-down version that's going to still keep the problem going, because they're basically asking for software so that the same people that have been keeping this problem going on could then keep their hands on it. Commissioner Reyes: But this RFP that is going to be out, it will not preclude anybody -- any company from -- I mean, applying? Everybody should comply -- I mean, should apply. City of Miami Page 233 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 Commissioner Carollo: Well, it's an RIP, of course; that's what an RFP -- Commissioner Reyes: So -- Commissioner Carollo: -- people can apply, but it's not asking for all we need. This is to try to get around what's happening, and then the implementation is going to be - - you know -- a long time down the road. What I'm trying to do is truly resolve the problem that we're having by getting a third party that's got nothing to do with us, nothing with the people that hire off -duty officers, and they could handle paying everybody; they can handle rotating officers, so you don't have the same officers working in the same place all the time. Commissioner Reyes: But when you say, "a third party, " you don't have -- I mean, there's nobody in mind; it's a party that is going to participate in the RIP -- Commissioner Carollo: What --yeah. Commissioner Reyes: -- and based on the qualifications -- Commissioner Carollo: Exactly. Commissioner Reyes: -- it will be --? Commissioner Carollo: Exactly. What I'm asking is that they meet with us; we discuss it at a meeting, so we could put the right RIP that we need to with the right criteria; we put it out to bid, and whatever comes there that provide the service -- you know -- whoever gives the best proposal can win. Commissioner Reyes: I got you. Chair Hardemon: All right. I want to acknowledge the Chief. Jorge Colina (Chief of Police): Mr. Chair, this RIP was discussed at length. Procurement is here, and they can answer any questions. This RIP is for a third party to handle every aspect and element of the off -duty process. This is not for software, where we then have control over who, what, when, and where, no. This is specifically for a third party to handle every element of this process, like I discussed with you about six months ago, which is what we need; a completely independent third party to handle every last element of this process. That is what we're asking for. Commissioner Carollo: And Chief -- Chief Colina: And Procurement is here, and they can answer the specific questions about the scope. Commissioner Carollo: -- this is not what we have understood from this RIP at all. Why, if you knew that I was working at it, and I've been --? Chief Colina: Sir, we've been working on this for a very long time. Commissioner Carollo: You just stated that you spoke to Chair Hardemon. Why didn't you speak to me? Why didn't you speak to some of the others who are here? Chief Colina: I spoke with Commissioner Hardemon. Commissioner Hardemon asked to speak with me, because he saw a police officer that was asleep in Overtown City of Miami Page 234 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 in the daytime; and so, he brought that to my attention. I asked him, "Commissioner, did you get the car number or the name of the officer?" He said, "This isn't about disciplining an officer. This is about" -- and I will bet you he told me, "This is about an officer who probably worked more hours than he should have, and now he's sleeping in the daytime when he should be keeping Overtown safe, number one; and number two, while he, himself, is putting himself in jeopardy by being asleep." And he asked me then, "Are we finally going to be able to fix this issue?" And I assured him then, "Yes, sir; we are working on it." We tried to find an internal solution. We gave it our best effort. It was not possible. We dealt with Mr. Burns in IT (Information Technology) at the time; then we moved on to think, well, maybe we can get software, like you had mentioned, and that would help us. And we deemed that that wasn't going to work, either. And then, really, the last straw for me was that conversation with Commissioner Hardemon, where I thought, we need to find a completely third party independent that handles every element. And for about six months, we started to bring companies in to demo the products they had. Then we started to meet with Procurement, so we can put the scope together for a company that can handle every element of this -- Commissioner Carollo: Chief, if then -- Chief Colina: -- so we don't have to have this problem any longer. Commissioner Carollo: -- then if you're being so above board like this, then you shouldn't have any problem if we put a stop to this now. You could meet with each one of us. If you've met with Commissioner Hardemon, and he's satisfied, you won't have to meet with him. Chair Hardemon: Well, I'll say this -- Commissioner Carollo: You meet with each one of its so that we are assured, truly, what's going to go out there, and you are -- Chief Colina: It's in the package, sir. If it's -- Listen. And by the way, if you guys want to not vote for this to go forward, that's okay with me. I mean, these are your decisions. What we did here was put on paper, "This is what we need, " which is an independent -- and like I said, Procurement is here, and they can answer the questions germane to the actual RFP, because that's their level of expertise. But if you gentlemen decide that you don't want to do that, that's okay with me. I mean, that's your decision. Chair Hardemon: So I'll say this to this board: What the Chief reflected in his recollection is true. Not only did I see that officer sleep; I did circles in the middle of the street, on 14th Street, and the officer didn't know. I -- he was facing the direction --I believe he was facing eastbound. I pulled in the eastbound lane in the --and was next to him, traveling on the westbound, so as if I was talking to him, window -to - window that the officer did not see me, did not respond to me. I know that he was asleep. I saw that he was asleep. But when I speak to -- spoke to Chief Colina about it, it is true, I said, "It's not about the discipline of that officer. I'm not here to rat out on an officer for what he's done. I've seen many officers do many things that I know are against their regulations, and that's not my intention. " I felt like it was reflective of a bigger problem, which is -- you know -- my mother was a police officer. She was also in off -duty, so I was vaguely aware of some of the ways that officers get off - duty jobs, work more hours than they should, and then rest during their time of service, when they should actually be working. And in fact, I -- you know -- was privy to a lot of the tricks of the trade, if you will -- you know -- officers cancelling at the last minute, officers work an off -duty job or an officer booking a off -duty job and then another officer showing up instead. You know, the off -duty -- the person that City of Miami Page 235 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 needs -- the officer doesn't say, "Hey, you're not the officer I asked for." They say, "We need an officer, " and there you go. And so, on the books, one officer was there, but in fact -- and you get paid in cash --another officer showed up. These are not -- when I talked about these issues with Chief Colina, he was receptive, and I remember him being receptive. And so, you know, I would agree with him that this conversation started since then. And I would also tell you, though, that the RIP that went out, I have not seen it, so I haven't read it. Commissioner Carollo: Well -- Chair Hardemon: So even the statements that you're making about it, I can't vouch for them. Commissioner Carollo: -- I haven't seen it personally, like you think I did, too. So I called the question. Procurement knew we were working on this. The City Attorney knew through Procurement that -- what we were doing, and nobody bothered to call us, to sit with us. What they did was they rushed to get this done before we could put -- or give any input on it. So for all these years, certainly since Chief Colina has come onboard, he's known about what's been happening with the off -duty, and only now they're going to take action. And I'm supposed to accept what they're giving me without any input from myself or any of us. This is why I want to put a stop to this. I want to be able to meet, give input, and then we bring it back and put it out the right way. Chair Hardemon: Commissioner --Vice Chairman. Vice Chair Russell: Thank you. The fact that we weren't consulted, I don't think is underhanded; it's more systemic with regard to our RIP process, which does need reform. I believe their quickness to get this going was the fire that was lit and making this happen. But we do have a problem with our RIP system, because there is no requirement for any major RIP, as big as it may be, to be consulted with each of us before it's issued. Commissioner Carollo: Well, that could be changed, also. Vice Chair Russell: Agreed, agreed. Where we -- Commissioner Carollo: But then there's -- Vice Chair Russell: -- are asked to step in is a rubber stamp at the very end, either 'yes" or "no," and that does not -- the chance that they get it right is pretty slim in terms of what we may have in mind from a policy perspective, so I think we do need an overhaul there. But in this case, I do believe they were simply acting quickly, and they're doing exactly what we asked. So I -- Commissioner Carollo: Then there shouldn't be any problem -- Vice Chair Russell: -- am in favor of it. Commissioner Carollo: -- that we stop this RIP process and meet with us, and then we bring it back, and this Commission takes action on it. So I call the question. Chair Hardemon: I want to say something before -- you know -- this -- I hear what you're saying, calling the question. I want to remind everyone, according to Mason's Rules of Order, we can't necessarily just call the question before everyone has had an opportunity to debate. We can't use it in a way that is intentionally used to keep meaningful discussion from happening. We want to ensure that we at least have City of Miami Page 236 Printed on 512012020 City Commission Meeting Minutes January 23, 2020 ADJOURNMENT some meaningful discussion. And I believe that it comes -- at the end of that meaningful discussion, if it becomes belaboring, then we -- you know -- we use the call of the question. I'm saying that as a blanket thing to everyone to understand the whole Mason's Rules of Order in calling the question. I don't see any further discussion that we need to have unless you want to be recognized from the Procurement Office. This went out 10 days ago. I can understand frustrations from all sides. 10 days is not a big deal; we could pull it back. I think that's something that's agreeable. So -- Joseph Napoli (Deputy City Manager): Mr. Chairman, we'll pull it back. Chair Hardemon: Yeah. Mr. Napoli: And then we'll -- we will brief you all on the contents of that RIP, get your input, and then we'll come back to the Commission. Chair Hardemon: Thank you very much. Mr. Napoli: And just -- Chair Hardemon: There's a motion, there's a second, and there's no further discussion about it, so I'm going to call the vote on this issue. Commissioner Carollo: Thank you. Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: Thank you. Todd B. Hannon (City Clerk): I have that as 5-0, sir. Chair Hardemon: You're recognized. I want to recognize you, sir. I know you had something to say, Deputy? Mr. Napoli: No. I just wanted to say that -- and I understand the issue of not being informed, but we did send out the RIP to all the Commission offices on the day it was released, asking -- advising that it had gone out, and I just wanted to put that on the record. The meeting adjourned at 10: 10 p.m. City of Miami Page 237 Printed on 512012020