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HomeMy WebLinkAboutCC 2020-02-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * ' INC0RP 0RATEO * l8 96 Meeting Minutes Thursday, February 13, 2020 9:00 AM Regular City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 13, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Hardemon, Nce Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, and Commissioner Reyes. On the 13th day of Februaty 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: 00 a.m., recessed at 12:41 p.m., reconvened at 3:18 p.m., recessed at 7.00 p.m., reconvened at 7.01 p.m., recessed at 7.59 p.m., reconvened at 8:45 p.m., and adjourned at 9:28 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9: 02 a. m., Commissioner Carollo entered the Commission chambers at 9:15 am., Nce Chair Russell entered the Commission chambers at 9:16 am., and Commissioner Diaz de la Portilla entered the Commission chambers at 9:26 a.m. ALSO PRESENT. Nzeribe Ihekwaba, Chief of Operations/Assistant City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Welcome to the February 13, 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 Chair; and me, Keon Hardemon, the Chairman. Also, we have Emilio Gonzalez, our City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. I will open the meeting with a prayer, and will lead you in the pledge of allegiance. All rise, please. (Invocation and pledge of allegiance delivered.) Chair Hardemon: You may be seated. PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PRA PROTOCOL ITEM 7164 Honoree Presenter Protocol Item City of Miami Employees Mayor and Human Resources Pins City of Miami Police Department Craig Harley — Executive Director of CALEA TRI-ARC Award ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: PRESENTED 1) Mayor Suarez and Commissioners recognized various City of Miami Employees for their 25 years and 30 years of service; presenting them with Service Milestone Awards and commending them for their dedication and commitment to the City if Miami; furthermore, thanking them for their dedication as City Employees. 2) The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) presented an award of excellence to the City of Miami. The CALEA TRI ARC Award is given to the City of Miami Page 1 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 governing body (or bodies) and agencies that have concurrent CALEA accreditation for their law enforcement, public safety communications and public safety training. CALEA is a credentialing authority (accreditation), based in the United States, whose primary mission is to accredit public safety agencies, namely law enforcement agencies, training academies, communications centers, and campus public safety agencies. Chair Hardemon: We will now make our presentations and proclamations. (Presentations and proclamations made.) ORDER OF THE DAY Chair Hardemon: We will now begin our regular meeting. The City Attorney will start to read the procedures to be followed during this meeting. 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, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available at the Office of the Clerk or online at www.municode.com. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on a 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 made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. No cell phones or other noise -making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and maybe subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and service for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. PZ (Planning and 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 communications pursuant to Florida Statute 286. 011(5). Staff will briefly present each item for applications requiring approval. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The order of presentation shall be as set forth in Miami 21. The appellant will present its appeal to the City Commission for appeals, followed by the appellee and staff will be allowed to make City of Miami Page 2 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 any recommendations 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 at the City Commission's discretion. At this time, the Administration will announce if any items are being withdrawn, deferred or substituted. Thank you. Chair Hardemon: You're recognized, sir. Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): Good morning, Mr. Chairman, Mr. Vice Chair, 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; PA.1, personal appearance by Emilio T. Gonzalez; to be withdrawn, PA.2, personal appearance by Mr. Rodney Barreto. Commissioner Carollo: I'm sorry. Can you go over those again and make sure I understand? Mr.Ihekwaba: Sure. Commissioner Carollo: "P" -- which one? Mr. Ihekwaba: PA.1, to be withdrawn. Commissioner Carollo: PA.1. Which is PA. 1 ? Mr. Ihekwaba: Personal appearance by Mr. Emilio T. Gonzalez. Commissioner Carollo: Didn't he defer this; that he didn't want to come last time we met? Mr. Ihekwaba: That is a request for it to be withdrawn unless it is the wish of the Commission to defer. Commissioner Carollo: I understand that. But my question is -- Chair Hardemon: Commissioner, can we just --? Let us get through the rest of them and then Commissioner Carollo: Yeah, because at this meeting -- Chair Hardemon: -- because you have the right to accept or deny the withdrawal. Commissioner Carollo: Well, I have no problem with it. Chair Hardemon: All right. Commissioner Carollo: But the point that I'm trying to make is that this was withdrawn by him at the last meeting. I did not hear any request that the gentleman wanted to have it at this meeting, so it is deferred now is what you're saying. Chair Hardemon: I think at the last -- Mayor Francis Suarez: No, no, it was withdrawn. Chair Hardemon: I think this one was from the meeting that it was -- Mr. Ihekwaba: Was -- it rolled over from the -- City of Miami Page 3 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: It's a rollover. Mr. Ihekwaba: --first meeting in January. Commissioner Carollo: Well, then let me just say this before you could go to the next one: Let it be perfectly clear and stand in the record that in one meeting that not just this item, but all the other items were cancelled for the one meeting; that then a small group of people used it as saying that we did not let the City Manager speak, which is not the case and never was the case. Let it stand in the record today and forever that the last meeting, he didn't want to come and speak. In this meeting, he did not want to come and speak. Thank you. Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: Sure, Mr. Mayor. Mayor Suarez: Yeah. The City Manager resigned and was not allowed to speak at that meeting. I just want to clarify factually for the record he was not allowed to speak at that meeting. Thank you. Commissioner Carollo: What do you mean he was not allowed to speak at the meeting? Mayor Suarez: He was not allowed to speak at that meeting. The meeting was adjourned before he was allowed to speak is that -- Commissioner Carollo: Nobody spoke. Don't -- look, you're playing with words, Mr. Mayor, with all frankness. The City Manager did not speak like other people's items were not heard, because the meeting was adjourned. But it's a big difference between a meeting being adjourned and someone not being allowed to speak. Mayor Suarez: Mr. Chair, if I may? Commissioner Carollo: That's a big difference. But beyond that, if you like, I will make a motion later on in this meeting, because this is the legislative Commission meeting. You're the executive branch. Frankly, out of all the different Executive Mayors that have passed by, you're the only one that's been sitting up here, trying to influence this body constantly at the same time that you want to be exempt from the sunshine law, and you can't have it both ways. So I would greatly advise you that you table this so we could go on, because you're not going to like my future motions -- Mayor Suarez: Mr. Chair, if I may? Commissioner Carollo: -- if you want to keep going at this. Chair Hardemon: Mr. Mayor. Mayor Suarez: Yeah. Look, you're not going to bully me today, tomorrow, any day into whatever it is that you think you're going to control about what I say or don't say, period. That's number one. I'm the presiding officer of this body. Right now, I have designated that presiding officer status to the Chairman, who is chairing this meeting. I have every right to be here. You, yourself have chaired this meeting from up there. And so, I'm -- you're not going to come here and try to rewrite history and talk about how, you know, a person was able to speak when they were notable to speak. You're not going to be correcting the record or establishing your own record however and whenever you want. It's not going to happen while I'm here. Okay? So if you want to go back and forth all day, you want to make motions all day, you can do that. And I'll sit here as the Mayor, and be the Mayor, and you'll sit there, and you'll be the Commissioner and that'll be the way it -- that we'll handle this all day long. Make as many motions as you want. Pass as many items as you want. That's your prerogative. You are a City of Miami Page 4 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner. You have a -- you know, there's a -- this is a Commission. But I'm not going to sit here and allow you to tell me when and how to do my job, and where to do it and how to do it. I was elected by 86 percent of the residents to be the Mayor of Miami for four years, and until that day ends, I'm going to be the Mayor of Miami in the way that I choose to be the Mayor of Miami. And I'm going to work collegiately with all of you, because I always have and I always will. And I will always strive to work professionally, including with you, who I may have many personal differences with. But I'm not going to allow you to tell me how to do my job, when to do it and in what fashion to do it. It's just not going to happen. And you're not going to be able to rewrite the record, or recreate the record or create a record that you want to create; just not going to happen, not on my watch. Thank you. Commissioner Carollo: Well, let me say this to the Mayor: You like being called "Mayor " so we'll call you "Mayor. " If you would've presented this same attitude, this macho type attitude that you're trying to present today, maybe you wouldn't have the mess that you have up on the second floor with your esteemed former advisor, Communications Director Mr. Pedrosa. Chair Hardemon: Can we move on? Commissioner Carollo: Maybe that's the attitude that you should have taken in that situation. But last that I'll say to clarify the record -- and he is totally wrong in what he's saying -- he is the presiding officer. If he wants to sit up here and preside this meeting, this is the way our Charter works. This is why, for a short time when I was Mayor I was the presiding officer. I didn't sit over there. I sat over here and I was the Chairman. But when you give the chairmanship up, you can't say that you're still the presiding officer, because you cannot have two presiding officers at the same time. The presiding officer is the Chairman that he chose, and no other presiding officer at the same time. Now, if you want to be the presiding officer, you know, I've offered that to you in the past and your answer was, "No, no, no, no; I want to be in the other side. " That was before Emilio Gonzalez advised you after you lost as strong Mayor that you needed to sit up there. But you want to be the presiding officer, then you need to be up here and you need to chair the meeting. Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: So I'm the presiding officer. Mayor Suarez: No, Mr. Chair -- Chair Hardemon: No. I want to say this: I'm the presiding officer. Mayor Suarez: Right. Chair Hardemon: I chair the meeting. I give everyone here an opportunity to be heard, especially members of the Miami City Commission. And I will recognize the Mayor to speak at times when he requests for him to speak. He doesn't rule on any motions. He doesn't determine what our discussion is. He is the Mayor, and I'm going to recognize him to speak. Mayor Suarez: Thank you, Mr. Chair. And I'm going to -- this -- I don't really want to spend all day going back and forth with Commissioner Carollo, and how he thinks the meeting should be run, or how he thinks I should do my job, because he doesn't determine how I do my job and the fashion that I do it. And you're not -- never going to determine that, Commissioner. Just -- you know, and your office is not a paragon of how things should be run in an office. You've had more turnover in your office and allegations of people that have done things in your office than is -- But, of course, I know that you want to create a narrative where you want to now put the focus on my office and mistakes that have been made and things that I've been doing. Commissioner Carollo: I know you have -- City of Miami Page 5 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: No. Commissioner Carollo: -- you have. Mayor Suarez: No, no, no. But don't worry about it. I'm going to remind people of the things that are going on in your office, and the things that you're doing and the things that you've done continually, as well. If you want to do that all day, we can do it all day. But what I would prefer to do is -- Commissioner Carollo: You're already trying to -- Mayor Suarez: Thank you, sir. Commissioner Carollo: -- recall me with that. Mayor Suarez: Well, I'm not trying to recall you. Commissioner Carollo: Of course, you are. Mayor Suarez: No, but I will eventually. I will -- I may have to join that effort, because you're more concerned about arguing with me and debating with me all day long, and trying to manage and run the meeting and take over the City than you are about doing the work of the people that are here waiting all day long for you -- Commissioner Carollo: Well, we're the ones that vote. Mayor Suarez: Listen, that's it. That's it. Chair Hardemon: Commissioner -- Commissioner Carollo: You don't vote. Chair Hardemon: -- he has the floor. All right. Mayor Suarez: Thank you. Thank you, Chair. Chair Hardemon: We can continue hearing what our order of the day is. Commissioner Carollo: Which is the next one that you said? Chair Hardemon: We have PA.1. We have PA.2. What else do we have? Commissioner Carollo: PA.2 is -- Mr. Ihekwaba: PA.2 is the personal appearance by Rodney Barreto in regards to the Super Bowl. Commissioner Carollo: Rodney Barreto? Mr. Ihekwaba: Yes, sir. Commissioner Carollo: Did he askfor another hearing -- Mr. Ihekwaba: To be withdrawn. Commissioner Carollo: -- or is this an old one? City of Miami Page 6 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: The Super Bowl happened, sir. Mr. Ihekwaba: The Super Bowl has already passed, so. Commissioner Carollo: Okay, all right; withdrawn. Mr. Ihekwaba: To be withdrawn, RE.2 -- Commissioner Carollo: RE.2? Mr. Ihekwaba: -- which is the noise waiver, which has already been taken care of -- Commissioner Carollo: The noise ordinance? Mr. Ihekwaba: --at the January 17 meeting. Commissioner Carollo: Okay. Mr. Ihekwaba: To be withdrawn, RE.4, yes. RE.4 -- Commissioner Carollo: Which is RE. 4, please? Mr. Ihekwaba: The appointment of John Elizabeth Aleman as the Executive Director of DDA (Downtown Development Authority). Chair Hardemon: Dr. Ihekwaba, when you say the number, can you just say what the item is, as well? Mr. Ihekwaba.- Sure. Chair Hardemon: Thank you. Commissioner Carollo: Thank you. I appreciate that; for me and for the public. Mr. Ihekwaba: To be withdrawn, RE.6, the reappointment of the City Clerk, Todd Hannon, which has already been approved. To be withdrawn, RE.7, the reappointment of the City Attorney, Victoria Mendez; it's already happened. To be withdrawn, RE.8, the establishment of the Miami 21 Task Force. Commissioner Carollo: The Miami --? Mr. Ihekwaba: 21 Task Force, which has already happened at the last meeting in -- Commissioner Carollo: Anything else? Mr. Ihekwaba: To be withdrawn, RE.9, noise and alcohol waivers for the Super Bowl 2020; it's already happened. To be deferred, RE.10, which is the acquisition of property at 1221 Southwest 14th Street. Commissioner Carollo: Can you read that again? Chair Hardemon: Commissioner -- Mr. Ihekwaba: To be withdrawn -- to be deferred -- City of Miami Page 7 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: -- I want to make this clear. If I haven't identified anyone to speak, the Chairman has the floor. If you want to speak, please acknowledge the Chairman so that he may acknowledge you to keep us from talking over each other. Commissioner Carollo: No problem. I'm just trying to understand him. Chair Hardemon: No, I understand. I understand. And I'm going to have our Assistant City Manager read very slowly the number -- Mr. Ihekwaba: Okay. Commissioner Carollo: Thank you. Chair Hardemon: -- identify the item, and then again repeat it so they're not -- it's heard more than once. Mr. Ihekwaba: To be deferred, RE.10, acquisition of property at 1221 Southwest 14th Street. Commissioner Carollo: Thank you. Mr. Ihekwaba: To be deferred to the second meeting in February, RE.16, which is the lease agreement for water taxi transportation services. To be withdrawn, FR.2, yes. Chair Hardemon: It's FR. 2, as in "Frank"? Mr. Ihekwaba: Yes. This is the food truck ordinance on private property. It was already approved previously in the last meeting under a different file I.D. (identification). To be deferred to the first meeting in March, FR.5, which is the amendment of Chapter 54 of the Code for placement of signs, and also for communication kiosks. Commissioner Carollo: That's for --? Mr.Ihekwaba: FR.S. Commissioner Carollo: Okay. Communi -- Mr. Ihekwaba: The pay phones and communication panels; the change in ordinance to allow and permit those ones to happen. Commissioner Carollo: I'm sorry, I didn't catch what you said before though. Ms. Mendez: The kiosks were with -- Commissioner Carollo: Yeah, but he said some word before the kiosks. What --? Mr. Ihekwaba: Communication; communication panels. Commissioner Carollo: Oh, communication panel, yeah. Thank you. Chair Hardemon: The -- I have a question for you in regard to that. I know that there's an item which is -- Mr. Ihekwaba.- Yeah. Chair Hardemon: Well, I'll let you continue. Mr. Ihekwaba: Okay. City of Miami Page 8 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Do you know -- excuse me, Chair. Can I -- Chair Hardemon: Yes, you're recognized. Commissioner Carollo: -- ask on this one? Do you know how this FR. S got in the agenda? Mr. Ihekwaba: It's been on the agenda for several months, since last year. Commissioner Carollo: For -- no, but for this meeting. Mr. Ihekwaba: For this meeting? Commissioner Carollo: Yeah. Mr. Ihekwaba: It was -- I believe it was deferred from the last meeting in December. The -- there was a (UNINTELLIGIBLE) from the December 12 meeting. It was on that agenda. Several folks had written to request a deferral, including the vendor for the pay phones that exist today in the City. They made an intervention, asking the Administration to defer to this meeting. Commissioner Carollo: Okay. Thank you. Mr. Ihekwaba: To be withdrawn, with your permission, Discussion Item DI.1. It's discussion of the keys to the City and City proclamations. Commissioner Carollo: Which one is that? Because there's two items. I -- Mr.Ihekwaba: DI. I. Commissioner Carollo: --placed one. Mr. Ihekwaba: I think it was an item by you, which already was withdrawn at the last meeting. Commissioner Carollo: No. This -- Mr. Ihekwaba: Some of these items were in the January 9 meeting. Commissioner Carollo: Yes, but -- Mr. Ihekwaba: They can be rolled over. Ms. Mendez: It's a repeat. Just to clam it's a repeat. So there's key to the City, keys to the City; key to the City, keys to the City. So we're just taking out the redundant one -- Commissioner Carollo: Well -- Ms. Mendez: -- the one that was reset. We're going to hear them today; it's just the other ones, remember, from the other meeting. Commissioner Carollo: Okay, as long as you understand I have two on the keys. Mr.Ihekwaba: Yes. Commissioner Carollo: One on the keys; and the other, keys and proclamation that -- you know -- you could take out whichever one is redundant, but as long as you leave one in each. Mr. Ihekwaba: To be withdrawn, DI.3. City of Miami Page 9 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: "D" --? Mr. Ihekwaba: 13, Discussion Item Number 3. Commissioner Carollo: Which is? Mr. Ihekwaba: Which is the discussion on racial equality within Miami Police, which already happened. And to be withdrawn, DI4. It's another redundant item, discussion on the key to the City. Commissioner Carollo: You have another one? Mr. Ihekwaba: Yeah. That's keys -- Commissioner Carollo: Which is the numberfor the other one that you have? Commissioner Diaz de la Portilla: DI S. Chair Hardemon: DI S. Mr. Ihekwaba: DI S, I believe. Commissioner Carollo: Okay. Mr. Ihekwaba: Yes, DI S. Commissioner Carollo: All right Thank you. Mr. Ihekwaba: And there are some Planning and Zoning items that will happen in the afternoon thatprobably will be deferred. Chair Hardemon: Do we have the --? Well, I don't have that agenda in front of me. Mr. Ihekwaba: If you want the numbers, I can actually read them out now. Chair Hardemon: Yeah, give them to me now while I don't -- I know I don't have the agenda. Mr. Ihekwaba: Okay. Chair Hardemon: I know we can vote on it now. Mr. Ihekwaba: Yes. It's going to happen after 2 p.m. To be deferred to the first meeting in March, PZ3, which is a mural decision appeal on the relocation of a mural at 78 Northwest 37th Street. Commissioner Carollo: Excuse me, Chair. Chair Hardemon: You're recognized. Commissioner Carollo: If I could ask him a question? Chair Hardemon: Sure. Commissioner Carollo: Was this part of the discussion that we had at the last meeting that they came to an agreement, or is this a different one? Mr. Ihekwaba: I couldn't hear you, sir. City of Miami Page 10 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Sir? Mr. Ihekwaba: Could you repeat, sir? Could you repeat? Commissioner Carollo: Yeah. I'm saying is this withdrawn, part -- Mr. Ihekwaba: No, it's not a withdrawal. It's a deferral. Commissioner Carollo: A deferral. Mr.Ihekwaba: Yeah. Commissioner Carollo: Is this deferral part of what we dealt with last meeting where you had two different entities that were fighting for a mural? Mr.Ihekwaba: Yes. Commissioner Carollo: Okay. So it's the same thing. Mr. Ihekwaba: I think they're here. Both of them had jointly requested for the deferral. Commissioner Carollo: Okay. I thought it was taken care of last meeting; that's why I'm asking. Mr. Ihekwaba: Yeah. The both of them asked for this deferral. Commissioner Diaz de la Portilla: Chairman, a question. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Does that include also PZ. 4 and PZ.S? Mr. Ihekwaba: Yes, exactly. They're all part of the same items, all part -- Commissioner Diaz de la Portilla: So 3, 4, and 5 will be deferred? Mr.Ihekwaba: Yes. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: Do you want to be recognized, sir? Javier Avino: Yes, if I could. Javier Avino, with law offices at 1450 Brickell Avenue, and Robert Fernandez. We're the -- representing the parties for P.3, 4, and 5, and we'd request that they be deferred as the Assistant City Manager had indicated. And if we could take care of that today -- I think there's no legal impediment to doing that this morning versus waiting till 2 p.m. -- we'd appreciate that. Chair Hardemon: That's correct. Thankyou, sir. Mr. Avino: Thank you. Chair Hardemon: Thank you, gentlemen. Is there any other item? Mr. Ihekwaba: No. We're done. City of Miami Page 11 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Is there any item from the Commission that you would like to see; continuances, withdrawals, deferrals? Commissioner Carollo: Maybe later, but what I -- once we're done with deferrals and withdrawals, let me know, so I could try to get at some other items. Chair Hardemon: Okay. Can you please repeat just the item numbers, so everyone has a full list; make sure we have it all? Todd B. Hannon (City Clerk): And Chair, my apologies. Mr. Ihekwaba, I will need to know the date that you're deferring RE.10 to. I didn't catch that. I caught RE.16 as being deferred to February -- Mr. Ihekwaba: I think it's going to be continued to the next like meeting. Mr. Hannon: Understood. That'll be March 12. Mr.Ihekwaba: Yeah. Mr. Hannon: RE.10. Mr. Ihekwaba: To be withdrawn, PA.1. Commissioner Diaz de la Portilla: Hold on. Can you go slowly and --? Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: Okay, from the beginning. Mr. Ihekwaba: To be withdrawn, PA.1; PA.2, to be withdrawn; to be withdrawn, RE.3 -- RE.2 -- sorry; to be withdrawn, RE.4; to be withdrawn, RE.6; to be withdrawn, RE.7; to be withdrawn, RE 8; to be withdrawn, RE.9; to be deferred, RE.10; to be deferred, RE.16; to be withdrawn, FR.2; to be deferred, FR.S; to be withdrawn, DI.1; to be withdrawn, DI.3; then to be deferred, PZs.3, 4, and S. Chair Hardemon: Is there a motion in concurrence? Unidentified Speaker: (UNINTELLIGIBLE). Mr. Hannon: I also remember DI4 was going to be withdrawn; is that correct, sir? Mr. Ihekwaba: Yes, DI4. Mr. Hannon: Okay. Ms. Mendez: And on the AC (Attorney -Client) sessions, there's also a duplicate, the shade meetings, so we will be withdrawing one of those; AC.2, since that was also a duplicate. Thank you. Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized, Mr. Vice Chair. Vice Chair Russell: Thank you very much. I'd just like to note for the record I'd like to sponsor PH2, the Scavenger 2000. And in my motion for the order of the day, I'd like to include PZs -- what is it? -- 3, 4, and S? Yes. City of Miami Page 12 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: It's been so moved; seconded by the Chair. Any further discussion on the motion? Mr. Hannon: I'm sorry. Commissioner Diaz de la Portilla: No, no, no. Wait, wait. Mr. Hannon: I apologize, Chair. Commissioner Diaz de la Portilla: He would like to -- Mr. Hannon: What was that again, Vice Chair Russell? Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: I'd like to move the order of the day, including the deferrals of PZ 3, PZ. 4 and PZ. S. Chair Hardemon: Okay. Commissioner Diaz de la Portilla: We already included them. Chair Hardemon: Well, he just noted it, because this is the first time that we've actually done it ahead of time, so he just highlighted it. Commissioner Carollo: So did he include any other item, or did you --? Okay, just 3, 4 and S that were here already. Chair Hardemon: Correct. Commissioner Carollo: Okay. Now, Mr. Chairman, since he said the order of the day, I want to make sure that we -- Chair Hardemon: The order's not set yet. Commissioner Carollo: Okay; that's what I want to make sure, is -- okay. You want to do it now in the same motion, or do you want to leave it as a separate motion? Chair Hardemon: Let's leave -- let's have this motion. So if there's no further motion -- discussion on this motion, then we can take whatever motion comes next. Commissioner Carollo: Okay. Chair Hardemon: Any further discussion? Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Mr. Hannon: And Chair, that was moved by Commissioner Russell; seconded by? Vice Chair Russell: The Chairman. Chair Hardemon: The Chairman. City of Miami Page 13 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Hannon: Okay. Thank you. Chair Hardemon: You're welcome. You want to be acknowledged, sir? Commissioner Carollo: Yes. I appreciate it, Chair. Chair Hardemon: You're recognized, sir. Commissioner Carollo: I'd like to have time certain items right after our lunch break. The motions that I have for keys and proclamations and keys, whatever numbers there. Staff could figure it out so (UNINTELLIGIBLE). Chair Hardemon: Without objection, I'll recognize those items, but after we come back. Commissioner Carollo: Yeah. And one additional one, which will be a pocket item that has to do with us and our staffs. Chair Hardemon: Okay. Is it your pocket item or is it--? Commissioner Carollo: My pocket item. Now, if there are any other pocket items that anybody would like to bring up, it should come at that time. None of us should have first Bibs over any others. So if you'd like, what I'll change it to is that pocket items with them also come after I -- we deal with those two items and keys to the City. Chair Hardemon: The only -- you want to be recognized, sir? Commissioner Diaz de la Portilla: Well, pocket items -- the purpose of pocket items is for them to come whenever the person -- whatever person the pocket's coming out of, right? So it's -- and we don't want to set a time certain for pocket items. It depends on what the discussion -- the flow of the day. So I don't understand the reasoning behind putting other pocket items behind -- Commissioner Carollo: Okay. Well -- Commissioner Diaz de la Portilla: -- after. Commissioner Carollo: -- at least mine, I would like it at that time. But what I don't want to engage in either is -- look, we are the legislative body. We set the agenda. We're the ones that have a vote. There's a sixth elected official that is the executive branch, and it's a constant that he wants to bring up whatever he wants to before the rest of us, and this is what it taking sometimes a lot of our time, and eats into our time. Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: Mr. Mayor, you're recognized. Mayor Suarez: Thank you, Mr. Chair. What takes up a lot of our time, sir, is your voice. But - Commissioner Carollo: Well, you're going to have it here for a long time, so get used to it. Mayor Suarez: I doubt that. But, Mr. Chair -- Chair Hardemon: Yes. Mayor Suarez: I do also have a pocket item; and so, whenever you think it's appropriate for me to present this pocket item, which deals with -- and he's right. You know, you are the City of Miami Page 14 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 legislative body, and you decide whether any item that I present or that anyone presents, whether it's the Administration or anyone gets voted up or down. But I just want you to know that I have a pocket item, as well. I can circulate it to you now or whenever it's convenient for you. Thank you, Mr. Chair. Chair Hardemon: I think it's already been circulated; at least, it's been put on mine. Thank you, sir. Mayor Suarez: Okay. Thank you. PUBLIC COMMENT PERIOD FOR ALL ITEM(S) Chair Hardemon: All right. So what I would like to do now is actually open public comment. so -- Unidentified Speaker: Do we have to do mayoral vetoes? Chair Hardemon: -- I will open up public comment for today's agenda. That includes the PZ (Planning and Zoning) agenda; not the items that were continued. So if you're a member of the public and you'd like to speak on today's agenda, please approach any of the two lecterns. Please state your first name, your last name; you may state your address, and what item it is that you're referring to. Commissioner Carollo: Chair, may --? Chair Hardemon: Once again, I'm opening the floor for public comment. You can approach any of the two lecterns. State your first name, your last name, what item it is that you're speaking of and you may state your address. Commissioner Carollo: Chairman, do we need to vote on what we just discussed and you agreed to? Chair Hardemon: No, no, I agreed to it. That's fine. Commissioner Carollo: Okay. All right. Chair Hardemon: As long as there's no objection. Commissioner Carollo: All right. Chair Hardemon: We'll hear your item after lunch. Who's on first? You're recognized, sir. Hugo Guzman: All right Thank you. My name is Hugo Guzman. I'm hereto speak about the fertilizer, the proposed fertilizer ordinance. If you'd just give me a minute, I have some prepared statements. So today we're going to hear about a proposed fertilizer ordinance here for the City of Miami. You will likely hear some scientific literature regarding the ecological impact of fertilizer on our oceans and other ecosystems, and you'll also here about some historical precedence, like the fact that there are similar ordinances in place in 32 counties here in Florida and almost 90 municipalities. I'm not going to delve into that other than to say that I concur with what you will hear. What I do want to submit to the Commission for the public record is some of the scientific data pointing to the role that fertilizer plays in perpetuating climate change, because I don't think you'll hear much about that today. So one thing that you should know is that based on the EPA's (Environmental Protection Agency) facility level information on Green Gases Tool -- or FLIGHT for short -- the industrial processes that are required to manufacture fertilizer such as the mass production of ammonia, emit tens of millions of metric tons of greenhouse gas into the atmosphere on a yearly basis; City of Miami Page 15 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 that's every year. And that's just the front end of the cycle of fertilizer consumption. There is peer review to scientific literature that demonstrates that when fertilizer is added to lawns, like lawns that we all have here in the City, those lawns become a net emitter of greenhouse gas. So what that means is that your lawn, when it -- or any lawn -- when it is sprayed or when fertilizer is applied, it emits more greenhouse gas into the atmosphere than it sequesters. All right? So again, this ordinance that you're going to hear today, it's mainly being put forth on the grounds of the ecological ramifications that fertilizer has on our City and our community, but I just wanted to make sure that the council members and the general public are aware of the climatological impact, as well. Thank you for your time. Chair Hardemon: You're recognized, sir. Michael Wohl: Thank you. Good morning. Chair Hardemon: Good morning. Mr. Wohl: Mr. Chair, Commissioners, my name is Michael Wohl. Some of you know me well. I'm a proud resident of the City of Miami, and I'm here to talk on PZ.2, the -- you know, which was sponsored by my friend, Manolo Reyes, who I love dearly, and -- but let me just tell you that -- let me give you a little history, okay? So I've been in the affordable housing business for 22 years. My partners and I have built 75 affordable housing developments in three states, 26 of which are in Miami -Dade County, 15 of which are in the City of Miami. They're state -of -the art. They're the best in class. I'm concerned about the City and its initiatives with respect to affordable housing, because it seems like you don't understand the business of how to produce it; and so, I'm really here to discuss that with you. I will give you -- I'll tell you that about a year ago, I did walk into Mr. -- Commissioner Manolo Reyes' office, and offered to impanel an expert group of blue --just a group of affordable housing folks to interact with the City to discuss how to facilitate the development of affordable housing. I read the FIU (Florida International University) Perez report. I think it's ambitious. Quite frankly, I think it's very creative. I have some serious questions about the execution. Affordable housing was developed in -- out of the 1986 Tax Act by Reagan, and there's two vehicles to finance affordable housing. First is the procurement of the 9 percent tax credit, so-called low-income housing tax credits, which are Federal subsidies that are administered by the State through the Florida Housing Finance Corporation. Chair Hardemon: Mr. Wohl? Mr. Wohl: Yes. Chair Hardemon: I have a question for you. Are you going to be here for the discussion on the item? Mr. Wohl: No. Chair Hardemon: No? Okay. Mr. Wohl: But I just wanted a comment. To give you some perspective, in the last three years, here were nine projects that were issued by the -- that were approved by the Florida Housing Finance Corporation. Two were in the City, totaling 225 units. Vice Chair Russell: Mr. Chair? Chair Hardemon: You're recognized. Vice Chair Russell: Mr. Wohl, do you have any recommended amendments to the item, or are you against the item? City of Miami Page 16 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mr. Wohl: No. I -- what I -- before you start legislating about affordable housing, what I'm here to offer you and to encourage you to do is to have a workshop with people that are out there, actually in the community, building affordable housing, because it's hard. You have escalating renting costs, you have escalating construction costs, the subsidies are limited and it's hard. And so, I'd like to -- it's -- you can see that in 1986, the -- really, the affordable housing piece is Section 42 of the IRS (Internal Revenue Service) Code really talked about a public/private partnership. At best, this business is the most successful public/private partnership there is. So I -- you know, I don't have any problem with talking about the ordinance, with talking about limiting the workforce housing piece, but I don't think that you should be discussing this or legislating this in a vacuum. I think you need to understand how affordable housing is developed and how we can best address the affordable housing issues. I want to give you one example of that. Chair Hardemon: Wait. Before you continue, because I know your time has expired, I want to recognize Commissioner Reyes. Commissioner Reyes: Yes. Mr. Wohl, I think you don't understand the -- what is the issue here. The issue here is that affordable housing, the benefit; that developers come to us and they ask for benefits, additional benefits. That's additional density, additional floors, additional units. They will offer affordable housing in exchange for us granting that. And among the affordable -- so-called affordable housing that they are offering, the majority has been what is called workforce. And "workforce" has been misused, the name. It is total -- a misnomer, because it is used as 140 of County AMI (area median income), which is $55, 000. If you do the math, you can charge up to $2, 000 per month. That, my friend, is not affordable. What this -- the only thing that this is doing, it is limiting the definition of "affordable" to the maximum of 100 AMI, which is $55, 000. Still, it's very high and it is not affordable, because if you get -- I ask anybody over here, how many of you make $55, 000? Or if you -- unless you are working for the City of Miami or if you are a developer, but you are not making $55, 000. A teacher, a teacher, when the teach -- and that's -- teachers are part of the workforce, and I was a teacher, you see? Teachers, the entrance level is $37, 000, you see. What I'm saying is, and according to a statics that was developed by our Planning Department, they -- we receive twice as --from that benefit twice -- I mean two times the number of workforce housing than any other type, like 60 percent, or 40 or 80 percent of AMI So it is an abuse, and it is a farce and that's the only thing that is it. If you don't want to use it, don't ask for benefits. You see, this is not going against the developers, whatever they want. It is -- this is -- you see, I'm a capitalist. I believe in free enterprise and I taught economics, okay? I -- you can do with your apartments and you can charge as much as you want. But if you have -- Mr. Wohl: No, we can't. Commissioner Reyes: -- if you come here before this body and you ask for benefits in exchange for affordable housing, please give us affordable housing that we can give to our people that -- You know what is the AMI of the City of Miami? Mr. Wohl: I know it well. Commissioner Reyes: You know well? How much is it? Tell me. How much is it? Mr. Wohl: It's in the 40s. Commissioner Reyes: No. 35,000. 35, 000. And you mean to tell me that you're building homes for people that are making $77, 000? And the only thing that I'm changing, I'm going to Mr. Wohl: I am not. I am not building homes -- Commissioner Reyes: No, no. I'm saying that -- and that is the only thing, sir, okay? City of Miami Page 17 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: So that's -- Mr. Wohl: And that's -- Chair Hardemon: --Mr. Wohl -- Mr. Wohl: -- that proves my point, and that is I think you guys need to understand the business. But let me tell you one thing that was not included in the Perez report, because I know my time is up. Chair Hardemon: Your time has been up. And this is why I ask whether you're going to be here during the discussion. Mr. Wohl: This is why we need to have a -- Chair Hardemon: Mr. Wohl, listen to me. Mr. Wohl: -- workshop. Chair Hardemon: Hold on. Commissioner Reyes: And by the way, we had many workshops and -- we had many workshops and meetings that this was discussed. Mr. Wohl: With who? Commissioner Reyes: Well, with the people that were invited. I mean, we had one here that was -- Mr. Wohl: I wasn't invited. Commissioner Reyes: Well, maybe you don't keep up with the paper, sir. Chair Hardemon: Commissioner Commissioner -- Mr. Wohl, I appreciate your comments. Part of the reason why I was asking you if you were going to be here during discussion was because I knew there was going to be a lot of lively discussion. But this is public comment time, so we want to make sure that we continue on public comment to allow people to say what they need to say and to move on. So I'm going to end your time. But if there's anything, I'm sure we can call on you to speak, or you can speak to us at any other time. Okay? Mr. Wohl: Thank you. Chair Hardemon: Thank you, sir. Commissioner Reyes: Thank you, sir. Chair Hardemon: And before you introduce yourself, sir, I just want to make sure that we acknowledge one of our fellow public servants. This is Mr. Marvin Wilmoth. He's the Vice Mayor of Harbor Island. So thank you for coming, sir. Marvin Wilmoth: Thank you, Mr. Chairman. Again, my name is Marvin Wilmoth, Vice Mayor of North Bay Village. Mr. Chairman, Vice Chairman, Commissioners, I thank you for having me today. I'm here to speak very briefly in support of Item FR.3, 6789, the Florida fi^iendly fertilizer ordinance. As we all know, Biscayne Bay is at a tipping point. And earlier last summer, North Bay Village took the step to pass legislation also encouraging the reduction of excess nutrients in our waterways. You know, we've seen the devastating effects that algae blooms have on municipalities all across the State of Florida, and I think it's imperative that City of Miami Page 18 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 we all work together to pass this legislation in order to make sure we're improving quality of life for our residents, as well as maintaining our economic vitality of the municipalities in the surrounding areas. So I urge you guys to -- I urge you gentlemen to support this legislation. And if there's any questions, I'm happy to answer those as an elected. Thank you. Chair Hardemon: Thank you, sir. Albert Gomez: Albert Gomez, 3566 Vista Court. I'm also a member of the Biscayne Bay Marine Health Summit. I'm on their steering committee, which you guys supported. We submitted recommendations. One of the recommendations also align with FR.3. You all stood next to the NFL (National Football League). You had quite a few different events where you were supporting the NFL's efforts. If you don't support FR.3, you're basically being disingenuous with the initiatives that the Super Bowl and the NFL were supporting down here in South Florida. So I would expect you to be consistent and support FR.3 if for just that. The benefits that we get as a people based on the improvement of Biscayne Bay's health is beyond that. I also support SR.1. It's about time we recognize the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) community. We support the Scavenger 2000, as well. We need more cleanups. I'm a little concerned with SR.4. This is basically where this body has evolved. We are also on this body. We are right now -- actually, we're above this body, because we're speaking. And we are not seeing decorum at this body, and it's disappointing that we have opportunities for headlines to make our City better, and it's stolen away by petty fights. And all of us -- I don't care who you are and what side you are -- don't want to see this at this Commission. All right? I don't care who's argument is what. You deserve better for your office. You deserve better for us. And putting pocket items so that you can fight each other is just further dissolution --devolution of this body. So start respecting us for once. We don't see it. We're disappointed. We're hereon our own dime. And I got to see this? And I echo this when everybody -- regardless of recalls or whatever, all of you need to step up your game and have some decorum. Give some respect to this body and this City for crying out loud. Chair Hardemon: Thank you, sir. Commissioner Diaz de la Portilla: Is he speaking on an item, or it's just a political statement? Chair Hardemon: He named a bunch of them. Commissioner Diaz de la Portilla: Are we going --? Chair Hardemon: Please, please, no. Listen, everyone -- Commissioner Diaz de la Portilla: Mr. Chairman, I want to be recognized, please. Chair Hardemon: Let me say this. Commissioner Diaz de la Portilla: I want to make -- Chair Hardemon: Let me say this first though. If you've never been here before, we don't allow any outbursts, so no verbal outburst, no clapping, no heckling, no jeers. If you're supportive of what someone has to say, you can simply show your support by making some sort of hand gestures that are not -- you know -- confrontational to anyone. We call them spirit fingers, if you will. But please, no clapping, no heckling. There are going to be lots of speakers that may say some things you agree with, but you are not allowed to interrupt us that way. You're recognized, sir. Commissioner Diaz de la Portilla: And no political statements, just -- the public testimony is for what's on the agenda -- Chair Hardemon: I don't know if I'm -- City of Miami Page 19 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: -- and only what's on the agenda. Right? Chair Hardemon: I know he -- Commissioner Diaz de la Portilla: Right, or am I wrong? Chair Hardemon: Limiting the speech is the issue that I've never -- Commissioner Diaz de la Portilla: It's not limiting speech. It's a point. Chair Hardemon: No. What I'm saying -- Commissioner Diaz de la Portilla: We're discussing the rules of the body. Chair Hardemon: -- the rules of the body is this -- Commissioner Diaz de la Portilla: I served in the Senate, and we never had political speeches on the floor of the Senate from people screaming and insulting sitting elected officials. So I think if we allow the body -- Chair Hardemon: -- this is a body -- Commissioner Diaz de la Portilla: -- I know, but we allow people to testify before -- the items before us -- about the items before us, and that's it. If they want to give speeches, they could get a permit or protest and do what they want, but not in this body. We have to respect for the body and the institution, and I think that's important. And I know you've always done that, Mr. Chairman, and I know you'll do it again today. Chair Hardemon: You're recognized, ma'am. Rachel Furst: Hi. My name is Rachel Furst. I am the current president of the Morningside Civic Association, and for the last two years I have served in other capacities as officer. So I'm here today to speak on the vote the Commission took on January 23 setting in stone the location of the Morningside pool within Morningside Park. I want to ask this Commission to reconsider that ruling. For the last two years at least, the entire neighborhood, along with City staff and various City departments, has been involved in a collaborative planning process about the future of Morningside Park, and where the various amenities -- how the various amenities there might be improved, or maintained or renovated. This is not unlike an email I got this morning about these sorts of -- I'm sorry. This process is not unlike an email that I got this morning on the future of Jose Marti Park that invited public comment; said that public comment was important, and it featured Commissioner Carollo's photo and invited members of the community to come out and speak in favor. So we have been engaged in that process in Morningside. Hundreds of neighbors have turned out for these community meetings. And as a result of that process, the City developed a master plan that contemplated improvements to various features of the park, not just the pool. For example, I last year advocated on behalf of a group of nearly a hundred mothers whose top priority was renovation of the existing playground, not the pool. We were disappointed to hear after the vote was taken on January 23 that a single resident of the community came before the Commission upon a personal appearance, without notice to the rest of the community, and asked that this Commission vote on the location of a single feature within the park -- the pool -- and this Commission took up that request and voted in favor of freezing the location of that pool, which, as the Commission knows, is an important feature of the park, but not the only park [sic]. So I am here simply to ask that this Commission reconsider that vote and give the discretion and the authority to continue to plan the future of Morningside Park back to City staff and City departments so that the community can continue to be engaged in this park, which is so important to so many of us. So I thank you for your time, and really hope that we can continue on that collaborative process on behalf of Morningside and all park users. Thank you. City of Miami Page 20 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Thank you very much. Ma'am, you're recognized. Maria Cristina Chicuen: Good morning. My name is Maria Cristina Chicuen, and I'm the campaign organizer with Transit Alliance. I'm here to speak in support of Discussion Item 7, regarding the retrofitting of the trolleys. As you all may know, for Transit Alliance, one of our main goals is to improve public transit by advocating for a system that not only connects our residents to, you know, critical services, jobs and opportunity, but, you know, we really want to make sure that public transit is both useable and convenient. However, we've seen that for a lot of our residents using trolleys, they are experiencing, you know, critical accessibility issues. And so, we know that accessibility is not just, you know, reserved for our City's elderly and disabled populations, but for anyone who may require additional assistance to navigate Miami on trolleys. Transit Alliance first brought up this issue to the Commissioners' attention after having conducted extensive workshops at several senior centers across the City of Miami, and we heard repeated concerns about accessibility, so whether it was not being able to get on the trolleys because of the steps, or the trolleys were moving too quickly, some seniors couldn't hold on. So we believe that moving forward, all City of Miami trolleys should follow uniform accessibility standards that include lifts, ramps and other securement devices. By retrofitting these vehicles, and also increasing the fleet, this Commission is moving towards a trolley system that is more equitable and more useable for the majority of the residents in our City, and we're thankful that quick action is being taken on this matter. Thank you so much. Chair Hardemon: Thank you. You're recognized, sir. Collin Schladweller: Hello. My name's Collin Schladweller. I'm the outreach coordinator at Miami Waterkeeper. I'm here to speak in proponent today of FR.3, the fertilizer ordinance. This is an important ordinance for its limitations for fertilizer pollution and other nutrient loading into Biscayne Bay. We all know that water quality is decreasing, so I will not even bother you with that kind of information. But I do want to go over some key components of this ordinance that I support that I outlined in this paper that I'll pass out. If you have any further questions, you can ask later. Biscayne Bay is an ecological jewel in South Florida and Miami wouldn't be the same without it. I think we all can agree with that. And while it has countless ecological benefits, its economic important is just as great. And Biscayne Bay provides over $60 billion in ecosystem goods and services; $6.3 million in income to County residents, and over 100, 000 jobs. And I really hope that you all take this ordinance seriously. If you have any questions, don't hesitate to ask. Cris Costello: Good morning. I have a couple of things to handout there. It is a list of strong fertilizer ordinances, the Tampa Bay Estuary Program model ordinance, and some items fi^om the Green Industries BMP (Best Management Practices) Manual. I have nine copies, so there should be plenty for everyone. Good morning. My name is Cris Costello. I'm representing the National Sierra Club here today. My office is in Sarasota, Florida, the location of the first strong County level urban fertilizer ordinance in 2007. The things I'm handing out today, one is a list of the 13 counties and close to 90 municipalities that have already adopted similar ordinances to the one that you're considering today. We are in full support of your voting "yes" on that ordinance. This should be the easiest vote to take, ever, because this has already been done for the last 13 years, with great success. I've been involved in most of these ordinances; not only the adoption process, but also the implementation processes, the enforcement processes and fighting the detractors, both at the local, regional and State level. I will be here for the discussion item; and so, whenever that happens today, if you have any questions for me later, I'd be happy to answer them. The other two documents I have, one is the Tampa Bay Estuary Program model ordinance from 2008. If you follow the four -- the blue dots, you'll find some critical information that is associated with what you've voting on today. And then the last item I have is a list of items directly from the Green Industries BMP Manual that support the reduction of nitrogen on urban lawns. Despite detractors, this is the easiest thing to do. It's cheap, it costs almost no money and the successes across the State are multiple. Thank you very much. City of Miami Page 21 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: You're recognized, ma'am. Rachel Silverstein: My name's Rachel Silverstein. I'm the Executive Director in Waterkeeper of local nonprofit group, Miami Waterkeeper. We're at 2103 Coral Way. I want to speak in favor of the fertilizer ordinance today, and I thank you all for your time and attention to this important issue. I know Biscayne Bay water quality, and particularly algae blooms has been a big subject of concern for the whole community, and I'm really pleased to see the City taking leadership on enacting limits on the amount of nutrients or fertilizers that are getting into our waterways that are causing these blooms. This is one of a number of ways that we're getting this nutrient pollution in our waters, including sewage leaks and septic tanks, but this is a really easy first step. And as Cris mentioned, this is probably the easiest vote you may ever take. It's a win/win/win. It's good for the environment, because it limits the amount of pollution that's getting into our waterways, but it also is going to save the City money, because we aren't going to be putting fertilizer and chemicals that we don't need onto our landscaping, because in the summer, for example, when you put fertilizer down on the ground, it's so rainy that it almost immediately turns into pollution. It runs off into the waterways, and the plants aren't taking it up, so it's really not helping the plants at all, and it's just turning into pollution very quickly. So by eliminating that source of pollution, we're saving money, and we're not putting fertilizers down by limiting the amount of fertilizer we're putting down while also eliminating the amount of pests that we're getting, because excess fertilizer can lead to pests, which means that we then have to treat the pests with other kinds of chemicals that also cause money. So it's saving the City, it's saving homeowners, it's saving the environment and it's really successful. A key piece of this is also the education of the public and the community. We've already been working on outreach materials; we're happy to help with that. And also, as Cris mentioned, this has been really successful in over 80 municipalities around Florida. It's time for Miami to join them and to share in that success. Thank you so much for your time and attention. Valerie Robbin: Good morning. My name is Valerie Robbin, and I'm Sierra Club, Miami Chapter -- outreach chair, that's me. Okay. 730 Palermo Avenue, Coral Gables, Florida. I am also in favor of the proposed urban fertilizer ordinance; not just myself, but Sierra Club also; all of Sierra Club, as has been mentioned. I would like to give Michael U, " who is behind me, some of my time to speak, because he's traveled quite a way to speak up about this same issue of the fertilizer ordinance. I hope that by reaching out to you will give us the opportunity to protect our beautiful bay and waters. Thank you. Chair Hardemon: Sir, you have three minutes to address the body. Michael Juchnowicz: Good morning, gentlemen. How are you doing? My name is Michael Juchnowicz. No one can pronounce my last name, so we'll just call me "Michael J. " I'm the owner, founder, and president of Garden Masters of Southwest Florida, a fertilizer/pest control company; been in business for almost 40 years. And we service over 20, 000 homes every month, and over many millions and millions of square feet of turf every month in Southwest Florida. We go south of Tampa all the way to Marco Island. I'm actually here for a proponent of the fertilizer ordinances, and I was actually one of the first industry people to get onboard on this in 2007. So with that being said, I actually applied -- because I called my fertilizer supplier this morning -- 4,200, 000 pounds of fertilizer last year, 2019. Now, had we not had these ordinances, I probably would have applied 8,200, 000 pounds --or 400, 000 pounds. So these ordinances are very workable. I don't have an agenda here; just my agenda is clean water, guys. I mean, for me, on the west coast of Florida, I make a personal impact on clean water. And I took the initiative in 2007, and I didn't do it for myself. I did it for my family. I also did it for my grandkids. So I'm going to tell you that fertilizer restrictions, like these other people have said, is not an end-all; it's just one point on the compass. You will find that once you get these restrictions in that other items are going to be addressed. Some frequently asked questions that I get -- because I've spoken to the Senate, the House, many, many counties about this -- but a lot of the Commissioners ask, "You know, can" -- "if you're in the pest control business, fertilizer business, can you make money? Is this a viable alternative?" And the City of Miami Page 22 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 answer is, absolutely, yes. I mean my company is quite -- flagging quite well. And the fertilizer industry is onboard with this; actually have plans for better compliant -- I mean, it's really good. One other thing that was mentioned already before is there's a soft benefit to fertilizer restrictions, and that is, because you're not over-lzutriating [sic] your nitrogen, a lot of your chinch bug and a lot of your fungal activity is diminished. I have hard facts on that that we actually spend less money on insecticides, and herbicides and pesticides that go under the environment, and that's also a soft benefit of this. Last year we had a red tide event, a big red tide event in Sarasota County, all up and down the coast. Well, let me tell you, the first thing that they wanted to was take potshots at fertilizer okay? However, because we had the restrictions in place, they quickly found out that actually, it was not the fertilizer, but they had gone back to finding things, and now the media has actually been publishing waste water that's been dumped into the bays and whatnot, like that. So I just want to thank you for letting me come over here. It was a long drive, you have a lot of traffic, but I hope you guys vote on the amendment. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Thank you. You're recognized, sir. Vice Chair Russell: Thank you. Mr. "J, " I just wanted to say thank you. I'm pleasantly surprised. I really expected if the industry were to show up today, it would have been in opposition. And so, I'm really glad to hear that this does not damage your business model, but actually strengthens our ecology, and it lets us all work together. Thank you. Mr. Juchnowicz: Because we have hundreds of new starts every month. So thank you very much, gentlemen. Chair Hardemon: You're recognized, sir. Brett Bibeau: Good morning, honorable City Commission. Brett Bibeau, Managing Director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I respectfully recommend approval of PH.2, renewing the contract for the excellent services provided by the Scavenger water decontamination vessel throughout the City of Miami. This allocation was already included in the City's previously approved EY19/20 budget. A clean and fresh -smelling waterfront is vital to economic growth, tourism and quality of life. The Scavenger water decontamination vessel removes floating debris, and every hour, decontaminates 600, 000 gallons of water, while injecting 150, 000 liters of oxygen into the water. This significantly improves water quality, aesthetics and removes odors. This invaluable and necessary service is provided along all of the waterfronts of the City of Miami from Coconut Grove through downtown Miami and up to the Upper Eastside. The Miami River and its tributaries are thankfully included. The Miami River is a destination landscape for residents and tourists alike. The river has over 10,000 residences, 20 restaurants, 10 public parks, 6.5 miles of constructed public riverwalk. All appreciate and benefit from the Scavenger vessel's continued excellent services being successfully provided under several contracts with the City of Miami for over 17 years. Your support for the Miami River District is sincerely appreciated. Thankyou, gentlemen. Chair Hardemon: Thank you. You're recognized, ma'am. Ligia Labrada: Thank you. Good morning. My name is Ligia Labrada, and I happen to be a resident of the Morningside neighborhood, as well, where I live with my husband and two small children, seven and eight. I also have the pleasure to serve as a member of the board of the Urban Design Review Board, as appointed by Commissioner Joe Carollo. And I am here today to echo our president of the association, Rachel Furst's sentiment, and ask that you please reconsider the resolution to keep the Morningside pool in its current location. As you know, Morningside Park is one of our -- among our waterfi^ont parks, and I know the City is dedicated to creating a resilient city and developing solutions for this. So as we face climate City of Miami Page 23 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 change, it'd be a shame to disregard the amounts of studies, planning and outreach efforts, and this is a perfect opportunity for the City to be in the forefront of readopting and redesigning a resilient City park. And I want to thank you for your time for reconsidering. Chair Hardemon: Thank you. You're recognized, sir. Daniel Padilla Ochoa: Good morning. My name is Daniel Padilla Ochoa. I live and work in Miami. I'm a trained city planner and environmental designer. I currently work with Ocean Conservancy and National Marine Conservation, a nonprofit. And I'm actually working already with the City in the Shores Forward Campaign, so the first municipal ocean conservation initiative, so thank you. And you might have seen us at Super Bowl. We were there at Bayfront Park as the Ocean partner. But I'm here today to support and highlight the importance of the fertilizer ordinance. So as you know and the whole nation knows, Florida has been suffering from algal blooms from west coast, east coast, and our freshwater and it's really important that we take these steps. There are many steps to take, but this is the most effective amelioration tool that we have to improve the water quality in here. So Miami is no different; water's connected in every other way, just like New York, Boston and every other metropolitan region. And so, when we spray commercial and noncommercial application of this fertilizer with excessive nutrients like nitrogen and phosphorus, it enters our water supply. So either it filters through our ground soil, very shallow, so I don't have to tell you why it's a had idea to poison our own water; or it goes into our canals, and eventually feeds out into Biscayne Bay. Biscayne Bay is an economic juggernaut for the region. If we have more algal blooms, it's a pretty easy equation to make. We're going to lose some money, we're going to make some people sick and we're going to kill some animals. This is a very simple step to take for the Commission. I appreciate you listening. I look forward to working with you, and I look forward to working with the Office of Resilience and thank you. Chair Hardemon: Thank you, sir. You're recognized. Victoria Mendez (City Attorney): Mr. Chair, I apologize, but I forgot to mention that Commissioner Reyes also wants to sponsor the fertilizer item, FR.3. Todd B. Hannon (City Clerk): And then, Chair Mayor Suarez would also like to sponsor FR. 3. Chair Hardemon: You're recognized, ma'am. Nancy Benouaich: Okay. My name is Nancy Benouaich. I'm the president of the Bay Heights Improvement Association, and I'd like to first of all give a little history on -- and I'll be talking about the peacock issue. Chair Hardemon: Thank you very much. Ms. Benouaich: First of all, I'd like to thank Commissioner Russell for sponsoring this issue and trying to help us out. According to the article here in the Miami Today, dated January 16, there are approximately 600 peafowl in the Grove. That's not to mention throughout the City, you have in Coral Gables, South Miami, but a census was taken of 600, most of which are in North Grove, where Bay Heights is, where -- near Mercy Hospital. And in -- we are happy with what has been done, but we have a little question about Section 6-4, Article 1, Number 4, and it's kind of vague about how this is going to take place, the census, and if it's going -- and according to the article, it says that the study will be based on Rancho Verde -- Palos Verdes, in California, where they use ortho as a way to keep the population down. But we have too many. We have approximately 60 to 80 peacocks in an area of 190 homes. Can you imagine that? So not only do we have the poop that they do, they're on the roofs. They're getting aggressive, because it's mating season now, and we really need some help on that part of it. We've had meetings and meetings. I've been at this for two years. As of March of this year, it's been --actually three years. There was -- 2017, where we met with Mayor Regalado, Mayor City of Miami Page 24 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Suarez in the Commission chamber. There was a lot of people there. I even got to the point where I recorded the squawking and the screaming one night, and I put it on somebody's answering service, and they said, "My god, I can't believe this. " Well, how would you like it at 4 o'clock in the morning, 5 o'clock in the morning to hear that? So we do want to thank you for all you've done, but I think there's more work to be done. It needs to be fine-tuned. We have somebody on (UNINTELLIGIBLE) in Natoma that feeds the peacocks every morning, and it's just some -- we need to put some teeth in this ordinance. So I'm willing and able to help you all and meet again. It's never too late to fine-tune it and get it even better. So thank you for all that you've done. We really appreciate it. And let's just keep at it. Chair Hardemon: Thank you very much. Ms. Benouaich: Thank you. Chair Hardemon: Sir, you're recognized. Neil Robertson: Thank you. My name's Neil Robertson. I live at 5991 Northeast 6th Court, Miami, Florida. I'm vice president of the Morningside Civic Association. I've resided in Morningside since 1983. I may be the only Morningside resident still around who rented a cabana at our pool when it had cabanas. I'm here to speak to ask you to reconsider your vote at your last Commission meeting concerning the location of the new pool, and I want to emphasize "new pool. " The one that exists, while it may be repairable, is not providing the services that the community now needs. It may have been a wonderful thing in 1954 when it was built, the year I was born, but it no longer services our community. We have had a meeting. Everybody came to it. Your City representatives, Commissioner Russell came, Mr. Anderson came, the Parks Department came. And we laid out what their plan was. And in that plan, there was three locations considered for the pool. There was a lot of other items on the agenda to discuss, but the one that's been a hot topic in our neighborhood for some time is the pool. I cannot tell you that we reached agreement with everyone there, but the overwhelming decision was of the community people -- not just from Morningside, but all the other residents in Northeast Miami who use that facility -- was that it should move away from the bay and over to the current playground area, for it to be on higher ground, a safer location, cheaper to rebuild and would satisfy the needs of the community as it now stands. When I arrived in Morningside, I was unique in that I had children. It wasn't a place for children at that time. Now we have hundreds of children in our 400 homes, and we have mothers that need a pool to go to that satisfies their needs. We need you to move forward on this. We need you to move forward quickly on this. We have debated this over and over. Thank you very much for your attention. Chair Hardemon: Yes, sir. Andres Candella: My name is Andres Candella. I am a retired physician. I live in 42 Bay Height Drive. The issue I am talking about is more than a nuisance for all of us. It's an overwhelming plague and infestation. My wife and I bought the home that we live in 1971. We like to live there and we enjoy it. I think ever since in there, we raise our four children. Throughout all these years we feel happy about our home, and our surroundings and neighbors. I don't feel that lucky anymore. I am only -- and it is due to the massive infestation of the peacock. For sure, they are nowhere here in 1971 where I move in. They run around in group of 20, 30, or 40 or even more. Look, let me remind you all we are paying substantial amount of money in property taxes, water, sewage to the City and the County. In addition, we pay an impose to ourselves an special tax district to pay for 24-hour police patrol in our area, which brings some relief to the police force of the City of Miami to take care to different other part of the City. We keep our property freshly painted and spotted gardens. In other words, we should not need this situation, and we do not deserve that. Please, I beg you to do something about it. Try to feel sorry about us for one time. It's about our quality of life, the quality of life that have -- it have changed for all of us. We would like to stay in our home, in our neighborhood that we love during the remaining years of our life. I don't want to remain City of Miami Page 25 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 forgotten, a filthy, dirty peacock (UNINTELLIGIBLE) as hostage of a group of birds. I think that is more than unfair. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Roy Hardemon: Thank you, Commissioner, Chairman Hardemon, Commission. I'm a former representative, Roy Hardemon, 800 Northwest 56th Street. I was compelled to come back again, because several things been occurring. Something like the hundred -million -dollar bond issue that the college brought here the other day and did a report. But the community still have not heard nothing that says the Liberty City area where it's the most povertized [sic] in the County, and we can go as far as in the country. And no one takes Liberty City serious. And, you know, when I look at the CRAs (Community Redevelopment Agency), and I look at these bond issues, and I look at the empowerment zone that created the new Wynwood and those four new communities where we advertised, we made something happen in these communities. You know, I was here way back when, and nothing changed in my neighborhood; no real economic development. You know, we get all this nonprofit stuff. We're a dumping ground at this point for nonprofit. We getting ready to put a eight -story sickle cell anemia in the middle of a community that need jobs. These are career jobs that they're bringing, and I want them to stop it. You know, the fact is that the CRAs and stuff is good. I fought for the CRAs in the -- while I was in Tallahassee. I'm going back and I'm going to fight again. We need the money to fix our community. We want Liberty City to reflect the 103rd Street Corridor when it comes to business development. When you look at Calle Ocho, it looks great, and it has businesses. Liberty City haven't had a new business corridor built in decades, ever since -- I'd say since the '80 riot. I wouldn't want Miami to look as if it is a banana republic. I want us to fix these problems. I want us to do it now, because I'm going to be personally looking at the fact that we need to pierce the corporate veil, everybody resolutions and everything else until it's done for our community. Thank you. Chair Hardemon: You're recognized, ma'am. Pat Tzakis: Thank you very much. My name is Pat Tzakis. I'm a resident of Bay Heights and a neighbor of Dr. Candella's, and I'm here to speak about the issue of the peafowl. And thank you very much for bringing it up for discussion. It's not just a noise issue. It's not just -- we think these creatures are magnificent and beautiful. People stop in our neighborhood and they photograph them. But they're proliferating beyond any imagination that you can have unless you actually live where they are. My house is not particularly affected, but I am affected as a member of this community of more than a hundred homes. Just to give you a couple of personal experiences, I walk a dog. I have a very small dachshund. And one day, I was walking with my dog and -- on the sidewalk -- and we were about 10 feet behind an albino peacock with her four young chicks. And we were 10 feet behind it, and all of a sudden, this large creature goes up into the air and comes at me and my dog, with its talons out. We didn't do anything to it, but it just unpredictably swooped on my dog. And I was fortunate to be able to get away from it. I did notice on the same timeframe that albino peacock babies were underneath the tree. And a lot of times, the peacocks go up in the tree limbs now when it comes nighttime. And I saw a jogger going underneath that tree where the peacock as up in the branches, and I told the jogger "Don't go under that tree, because the babies are there. " I could imagine that somebody would get swooped on. I saw -- over the Halloween holiday, I saw a little girl who was trick -or -treating She rang a bell, and there were peacocks on the columns of the gate of that particular property, and one of the peacocks actually swooped down and flew at her for no reason. She didn't do anything to the peacock, but it went and was very aggressive towards the little girl, and I was afraid for her. Our neighborhood is taking photographs and video in cooperation with EIU, because I hear that they're interested in documenting these kinds of incidents; and so, we are trying to cooperate with them in compiling other than anecdotal evidence of these episodes. Also, someone has mentioned the poop. It's not routine poop. It's a very big perimetal [sic] poop that's slimy, and I'm concerned that people who are walking in the neighborhood or jogging in the neighborhood could someday have a severe accident. As a physician, I worry about that; senior citizens, and City of Miami Page 26 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 just people walking on the sidewalk. So they are a pest, they are noisy, they do poop, the poop is significant and they are getting very aggressive over time. When I moved into the neighborhood 25 years ago, they were mainly confined to 17th Avenue and Natoma, and now we have about a hundred peacocks in our own neighborhood, which is small. So they're getting aggressive as they multiply, so please help out in finding a solution for these magnificent creatures. Chair Hardemon: Thank you, ma'am. Ms. Tzakis: Thank you very much. Chair Hardemon: Sir, you're recognized. Samuel Latimore: Good morning. My name is Sam Latimore, retired professor and law enforcement officer. To the Chair Mayor, and members of the Commission, I want to thank you for this opportunity that you give citizens to come and share information. None of that -- all of that information is not negative. First of all, I want to thank the Chairman, Keon Hardemon. I've had a chance -- as you know, this is celebrate Black History Month. And those of us who've been around and see the transition that this community are taking this month as a point of starting something new and different for the future. Chairman Hardemon, I want to appreciate what your staff has done to get that information out to the public. I also want to thank the Mayor for his senior initiatives. I see that the County has adopted some of the ideas. I was pleased to see that, but I want -- I tell them that it started in Miami. Many seniors are benefiting and will benefit from that program. I want to thank the Manager's office, because we have seen a dramatic improvement in the quality of life in areas of our community. It is that partnership that we have formulated with the Manager's office's staff, and I'm going back to Code Enforcement and Public Works, the NET (Neighborhood Enhancement Team) office and all the others, and we thank you and we want to say to you during Black History Month that you are making our children much more aware that they're not some second-class citizens who do not deserve their communities taken care of. And so, on behalf of the seniors at the -- throughout City of Miami and Dade County, I want to wish you all -- or have you share with us, celebrating Black History Month in the City of Miami. Thank you. Chair Hardemon: Thank you, sir. Elvis Cruz: Mr. Chair I'd like this gentleman to speak while the technicians plug me into the screen, please. Chair Hardemon: Sure, no problem. You're recognized, sir. David Winker: Thank you. David Winker. I live and work in the City; here to speak on the Morningside pool and in support of keeping at its present location. I'd like to read from an AP (Associated Press) news story that came out in 2018 that's titled -- that sets some context for what we're talking about. "Parents lineup for hours for lessons at Miami public pools. When David Winker got to Shenandoah Pool at 12: 40 a.m. Monday to sign up his daughter for swim lessons, he wasn't first in line. That title belonged to a man asleep in a silver four -door, parked right in front of the pool gates. By 2 a.m., nine parents had lined up, equipped with fold -up chairs, portable phone chargers, snacks and water. The October 22 registration is no runoff. The City of Miami pools are for five levels of swim lessons in month -long bundles; $45 for eight twice -a -week classes. But with only 78 spots each month, they fill up quickly. 7 was surprised and upset,' said City Commissioner Manolo Reyes, describing his reaction to learning about the registration lines. 7feel had that we haven't provided the facilities for these people to not be in line for five hours. "' I have to commend Commissioner Reyes. You quickly fixed that problem, and I would urge the Commission to stick with their vote to keep Morningside pool at its current location. It's been closed since the summer of 2016 Let's get this done. Your decision was based on facts, including an engineering study, consultant study, City of Miami Page 27 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 elevation studies and the will of the people in the form of a 2,100 signature petition. Please take the next step and move to fix the pool, which would be much faster and cheaper by at least $3 million than building anew pool. Our children need swimming lessons. Thankyou. Mr. Cruz: Thank you, Mr. Chair. Elvis Cruz, 631 Northeast 57th Street; 42 year resident of Morningside; past president of the Morningside Civic Association. I'm here today to thank you for your 5-0 vote to keep Morningside pool in its current location. I'm also here speaking to thank you on behalf of the 2,100 Morningside Park users that signed a petition asking for that pool to be repaired, to be fixed and kept in that same location, as well as the 65 percent majority of the Morningside survey that asked for the pool to be fixed, and 60 percent majority that asked that the pool not be moved. The Morningside Civic Association is currently not supporting the majority position of its own survey. It is also contradicting itself. Commissioner Russell, you'll recall that in December 2018, you came to a Morningside meeting to tell us that you had a $600, 000 allocation to move Morningside pool. Here's the letter that was sent to the City. The board immediately voted to turn away that $600, 000 because it called for moving the pool. That's the money that then went to Commissioner Reyes' district, you'll recall. So here they specifically said, "Don't move the pool, " in 2018. Also, at the last meeting, I mentioned it would take four years to build a new pool. It was said that that might have been an exaggeration. It was not an exaggeration. This is from the City's own documentation you can see underlined in red. They estimate four years to build a new pool. And we all know about construction estimates. They almost invariably take longer. So, please, take the logical next step. Move to fix the pool. That would be much quicker and would save at least $2.9 million. As far as the Nature Conservancy and any shoreline treatment, I called the Nature Conservancy, and I spoke with Mr. Rod Braun, a Manager there. They don't even have designs yet, but he assured me that whatever they're going to do could be done without conflicting the pool or vice -versa. So please fix the pool. It'd be quicker and cheaper. Thank you. Chair Hardemon: You're recognized, ma'am. Brenda Betancourt: Good morning to all. I just have a question for ER.2, and I didn't catch it; that's still going, or you guys are going to --? ER.2. Chair Hardemon: That was withdrawn. Ms. Betancourt: It was withdrawn. Okay. Then not a problem. I just want to support SR.3 for the alcohol, and I hope that not just the alcohol sales, but all those renovation, they are done over the weekend so people expand, the businesses is going to be taken care of. And the reason I say is because we have couple buildings that they do some work in the middle of the weekend. And sometimes, even if you take pictures and send it to Code Enforcement, we're still having seen those. And one of the example is 12th Avenue and 5th Street, is a restaurant who now it have a patio, which is not a patio. Now it's a restaurant, because then soon, it's going to be walls on it. So that space, it used to be empty. It was the front of the house. Now it's completely installed, have roof, have everything for the kitchen. So -- and we have report this couple times, because it's illegal for you to cover the whole thing for couple years, and I'm still haven't seen nobody going to that place. Southwest 12th Avenue and 5th Street, right in the corner -- Commissioner Carollo: Chairman, that's my district. Ms. Betancourt: -- which that place caught on fire the other day, because illegal construction, as well. Commissioner Carollo: Okay. So this is the one that had the fire. Ms. Betancourt: Mm-hmm. City of Miami Page 28 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Okay. Well, let me bring you an up to date as best as we can. Not only was that restaurant there illegal, but the business next to it was illegal. There was no tax BTRs (business tax receipts), and the building built right behind it, that there were three apartments -- Ms. Betancourt: That's right. Commissioner Carollo: -- was also illegal. Ms. Betancourt: And we have report it for couple years, Commissioner. Commissioner Carollo: And now -- Ms. Betancourt: And I'm still haven't get no answer. Commissioner Carollo: -- but this is the problem that I am having in my district, but I'm seeing it citywide. Code Enforcement is not enforcing on the business commercial properties our laws, but then they go after the single homeowners -- Ms. Betancourt: Yes. Commissioner Carollo: -- and they make their life a living hell. Ms. Betancourt: That's exactly right. Commissioner Carollo: But you send stuff to them and it's like a big sink hole. You never see what happens. Ms. Betancourt: I have -- City -- Code Compliance has passed three directors. I'm still haven't get no answer, neither for the three that already gone and the one we have right now. Commissioner Carollo: Well -- Ms. Betancourt: So to me, it's a concern about the alcohol, because we have plenty businesses, and supposedly, they don't have a -- no liquor license, but they still sell alcohol in our neighborhood. And to me, it just -- this is concerning, because we are supposed to be following the law. Commissioner Carollo: Hopefully -- Ms. Betancourt: So I hope that this law that you guys are creating is to regulate those who are trying to sell alcohol everywhere, no matter where our location are. Commissioner Carollo: -- when we get a new City Manager, he's going to make sure that Code does what they're supposed to; no banker's hours, Monday through Friday; that Saturday and Sunday will be regular days. In fact, maybe we need to put more people on Saturday and Sunday. We need to have crews every night so that these kind of stuff won't happen, and to hold people accountable, because how in the world can you tell me that something's not going on if not only it's in plain sight of Code Enforcement officers, but on top of that, if they're supposed to be checking BTR license, these places don't have them? So it's -- you know. But I brought others out and then they accused me that I'm targeting, when the only person that's ever been target in the City has been me. But -- Mayor Francis Suarez: Mr. Chair, ifI may when he's finished? Thank you. Ms. Betancourt: Can I --? I'm sorry to -- and it is my -- (UNINTELLIGIBLE). Was my two minutes cut off in the middle? Have I nothing? City of Miami Page 29 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: No. You actually still have some time left. Yeah, you're recognized. Ms. Betancourt: Yes. I just want to see if it's possible for -- as the Commissioner say, sometimes citizens feels -- they own houses, and you cannot even cut a branch without getting a citation. But you have businesses or people, they are doing things around, renovation that we report, and nobody show up, because that person is not going to be touched. So could you guys please, since the five of you represent our City and create the laws, make sure that if somebody reports a person who has a abandoned building and is doing renovation illegally inside, and we almost see the materials going inside the building, when we report it that you're actually going to do something? Or it's just -- it doesn't matter at this point, and the laws are - - just throw them on the floor and just do all, whatever we want. I just -- to me, it's just concerning. Thank you. Chair Hardemon: Thank you. Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. Yeah, I just want to respond to -- she's welcome to send me -- you're welcome to send my office whatever email that you may have regarding a specific case, and we'll forward it to the Code Enforcement Director at any given time. Ms. Betancourt: I really appreciate it, Mayor. And believe me, I will make sure everybody get a copy, so when I send next time, I can have a proof. Mayor Suarez: Perfect. And then what we'll do is we'll provide for the Commissioner, because I know that since I've been Mayor, our Code Enforcement cases have actually increased by about 60 percent; at least that was the last time I reviewed the numbers. So our Code Enforcement Department has never been more active in going after Code Enforcement violators than we've ever been, at least in the foreseeable past. So I'll have them give you a breakdown, Commissioner, of how many are commercial, how many are residential, and we'll go back in time, as well, to see if that's a trend that continues from the past. I don't think that there's any sort of -- you know, there may be, just based on the nature of what -- the complaints that we receive. Commissioner Carollo: Well -- Mayor Suarez: But we'll get -- we'll drill down on that and get you some information. Commissioner Carollo: -- but I'm glad you got the hint -- Chair Hardemon: Commissioner Carollo. Commissioner Carollo: -- of what I was talking about, Mr. Mayor, and I appreciate that, the imbalance between commercial and residential. But most of all, what -- the residential side certainly is what brought up the higher numbers that you're talking about. Certainly, in my district, this is what I'm seeing, on the residential side. And on the commercial side, what increase you might be seeing or not has to do with minor little stuff, not the areas that are really affecting the life of people in the neighborhoods. Mayor Suarez: I haven't seen the data on that, so I can't yet. Commissioner Carollo: For instance, I could tell you right now that I have found shocking to me, but that at least in one occasion, one address was kept from me. And I say it was kept from me because of where it was and who it was that had a problem. But anyway, thank you for taking notice in that. Chair Hardemon: Sir, you're recognized. You're recognized. City of Miami Page 30 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Steven Leidner: Commissioner and Mayor Steven Leidner, SSS Northeast 34th Street. I'd like to complain about the traffic and -- but that's not why I'm here. I would like to bring out the fact that within the next decade to two, almost a million species of marine and plant wildlife will go extinct. One of the factors that's driving that extinction is nutrient -- excess nutrients in our waterways, and that originates in fertilizer -- misuse of fertilizer. So I would like you all to consider the fact that we are losing our wildlife at an unprecedented rate. This is the sixth mass extinction in the history of the planet. Thank you. Chair Hardemon: Thank you, sir. Miguel Soliman: Good morning, Commissioners. Good morning, Mr. Chairman, Mr. Mayor. I'm here -- Commissioner Carollo, just -- I wasn't going to speak on this point, but our Code Compliance Department, the greatest problem we have is that compliance of what Code? City Code. There is a South Florida Building Code, there's a Fire Code, there's a National Electrical Code. There's all kinds of codes that --for instance, Miami -Dade County's Code Compliance Department; that is the Code that -- those are the codes that they make sure that businesses comply to. And like that business that caught on fire, if our Code Enforcement Department, instead of enforcing the City Code, it would enforce the South Florida Building Code, the National Electrical Code, the -- all the different codes that that's what those departments are supposed to do, then they would be able to look out whether a business has a fire sprinkler, whether it's illegal, whether it complies with means of egress. And our current Code Compliance does not do that, and that is very, very dangerous for a city of our size. We are ignoring the South Florida Building Code, the Fire Code, the National Electrical Code, and I urge you to look at that department, and Mr. Mayor, and make sure that department is up to par with what other departments are doing, such as the County; not only the City Code. The other second thing I wanted to do, you're taking an initiative on alcohol, and I think that is a very serious matter. There's a resolution going on right now to allow our Underline to have kiosks to sell alcohol. Commissioner Carollo: In kiosks? Mr. Soliman: Kiosks to sell alcohol underneath our Underline. And you want to go a step further? There's 23 pages to this resolution, and on Page 20 -- and it's not -- and on Page 20, it's ex -- it's waiving the requirement for there to be a thousand feet between the sale of alcohol and schools or churches. Now, this is not -- this is a resolution -- I'm sorry -- that's going on in Miami -Dade County. Commissioner Carollo: Okay. Mr. Soliman: But it affects just about every single district that we have. This is unacceptable. What are we going to have; someone in a scooter, riding on the Underline with a rum and Coke on their hand? This is crazy. And next to it, within a thousand feet of a church; of a school? How can the County do this to us? And most of all, this has gone already to the first reading. It has been approved, and it's up for the second reading, if I'm not mistaken, in their next meeting. So I urge you -- even though it is a County matter, it does affect every single one of our districts directly, and it is a very serious matter. Commissioner Carollo: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Carollo: Since you want to be a representative of the County, I'm sure that's one that you want to take up, you know, sooner than later at the County level. This -- I'm very grateful that you came here with this information today, because I knew nothing about it. From the looks on my colleagues' faces, I don't think they knew anything about it. Mr. Soliman: Yeah. City of Miami Page 31 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: And it's plain outrageous. Mr. Soliman: I believe that it is. Commissioner Carollo: Not to mention that we have some sizeable parks right next to the Underline. In my district, we have Southside Park that is a major park for the area; in fact, the major park for that whole West Brickell area. And a little further down, we have the back side of another one of our parks where we're going to, in fact, make an additional park. And then you go further down, and we have property where we're going to be building an additional park in Silver Bluff. So this is plain outrageous; that we're going to have playgrounds, with kids, where we're going to have teenagers playing basketball or soccer, families to gather that the County is going to be approving, of all things, kiosks, so that they could sell alcohol. I mean, this is just outrageous. And I think that this Commission should take a resolution, and Chairman, whenever you think it's appropriate, I'd like to make a resolution today expressing our opinions against this so we could send it to the County; furthermore, instructing our City Attorney if there is anything that legally we could do within the law if they pursue this in stopping them from doing it. Ms. Mendez: If I may recommend, can -- on the break I pull all the legislation and see what it actually is -- Commissioner Carollo: Yeah. Ms. Mendez: -- and then you can have it for whatever resolution may come -- Commissioner Carollo: Sure. Ms. Mendez: -- in the afternoon? Commissioner Carollo: Yeah. Would you like for me to wait for this afternoon for a resolution on that, Chairman? Or -- Chair Hardemon: I think it -- yeah. I think it's appropriate that we get the ordinance first, so we know exactly what it says -- Commissioner Carollo: Okay. Chair Hardemon: -- and we know what we're voting on. Commissioner Carollo: Okay. Thank you. Thank you very much. Mr. Soliman: And thank you, Commissioner. And Chairman Hardemon, I believe there are some churches along the Underline in your section. And Commissioner Russell, think of the businesses in Brickell that right now pay a license, have an establishment, a restaurant to sell their liquor, and all of a sudden, someone's going to come and put a kiosk right in front of the restaurant to sell liquor. That's unacceptable. It's unacceptable to that business, it's unacceptable to our churches, to our school and our residents. Thank you. Commissioner Carollo: How can they even get a license for that? Mr. Soliman: I don't know, Commissioner. That's a very good question. How can they waive a restriction and put -- to sell alcohol within a thousand feet of a church or a school? These are all very good questions. Commissioner Reyes: Let's take a break. Chair Hardemon: Thank you, sir. City of Miami Page 32 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Thank you. Mr. Soliman: Thank you very much. Jose Romero: Thank you, Mayor Chairman, Commissioners, for the opportunity to speak. My name is Jose Romero, and I live off of 27th Avenue and Coral Way. I attended public and private schools here in Miami, and I graduated from Belen, and I received my MBA (Master of Business Administration) from the Yale School of Management. Prior to starting my own development firm, I was Vice President of Development for Housing Trust Group, the largest affordable housing provider here in Florida. I built their two largest deals, one market rate, one affordable; Princeton Park down in Naranja. I am greatly concerned regarding the proposed changes to the Workforce Housing Program. I feel compelled to express my -- the economics of this decision and who it affects. I started my development company to fix our affordability and wealth crisis. The density program must provide more benefit than cost in order for developers to use it. Lowering the percentage to a hundred percent instead of the mixed income approach will reduce those that can access this program, but more importantly, the incentive to do it at all. Although a single person making 140 percent of AMI is $83, 020, as mentioned in the papers, a household of two hard-working individuals making an average of $22.82 or 47, 000, also make 140 percent of median income. That is basically the starting salary for our teachers. I think if this change should be made, it maybe require two income households, so you don't receive the single person. The two items that affect whether or not to use this program for development is your land cost -- higher equals better -- and your construction to product that housing. Lower. is better. The current program has a break-even land cost of 46,290. Right now, there are still achievable select sections of T6 that meet this requirement. At a hundred percent, that cost drops to 38, 000. This almost doesn't exist in our current high -density zones. The break-even point for construction is currently 165, 000. For one bedrooms and very, very small twos, that's still potentially possible. The new break-even point would be 135, 000. That is not possible. The only place that would be possible is for single-family homes, and you can't add density for single-family homes; it's the opposite of the program. So this is not what we want; this is not something that is achievable. We need something that is achievable, and that this current change is not the answer. I'm happy to share my math, discuss ways to design better options to achieve your goals, or help in any way. Thank you. Chair Hardemon: Thank you, sir. Is there any other person here for public comment? Ma'am, you're recognized. Reagan Pace: Hi. My name is Reagan Pace. I'm a resident of Coconut Grove. And I'm just coming to state my support for the fertilizer ordinance. On Key Biscayne Tuesday night, this passed unanimously. I'm sure you guys are familiar with the ordinance. We're also -- there's also one being worked through Coral Gables, the City of Coral Gables, as well. It's a 15 foot setback, no fertilizer applied during the rainy season, 50 percent slow -release fertilizer, and then no phosphorous application. I'm sure you've heard there's nutrient pollution in Biscayne Bay, and just anything we can do to improve the quality of water in Miami. Commissioner Carollo: Can I --Chair? Chair Hardemon: You're recognized. Commissioner Carollo: Can I recommend something to you -- Ms. Pace: Sure Commissioner Carollo: -- and all the people that have come here? Ms. Pace: Yeah. City of Miami Page 33 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: You should go to Miami -Dade County. Ms. Pace: I have been. Commissioner Carollo: Yeah, but not for what I'm going to tell you. Ms. Pace: Okay. Commissioner Carollo: And demand -- Ms. Pace: I'll go. Commissioner Carollo: -- that we get an ordinance creating the law of Miami -Dade -- Ms. Pace: Yeah. Commissioner Carollo: -- that you could only sell and buy the 50 percent slow -- Ms. Pace: That's a great idea. I mean, there's other things you can do, as well, because I know people are -- obviously, fertilizer companies are upset and -- Commissioner Carollo: Yeah. Mr. Pace: -- pest control. But there's other options that you can use. Commissioner Carollo: Sure, there's others. But beyond the problem with the water, I'm going to tell you what another problem is that's even more serious to me and quicker, the impact, and that's our kids that play in the lawns between the fertilizing that is put into them and then the spraying for insects. We're killing our own kids, and then we wonder why are they getting cancer at such rates, like they are. Ms. Pace: Well, that's why I'm saying -- Commissioner Carollo: And it's a combination of both of these, so. Ms. Pace: Okay. Thank you so much. I appreciate it. Have a good day. Chair Hardemon: Thank you. Is there any --? Ms. Mendez: Chairman? Chair Hardemon: Yes. Ms. Mendez: On all the fertilizer and chemicals in the water, remember that this Commission and the Mayor had authorized us to fight against the State when they were trying to change the contaminant levels, and based on all your work, you were able to get them to withdraw those type of changes, so I just wanted to remind everybody of that. Thank you. Commissioner Carollo: Thank you. Chair Hardemon: Is there any other person that would like to speak for public comment? Seeing none, I'm going to close the public comment section of the day. City of Miami Page 34 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 AM -APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Planning and Zoning - Oct 24, 2019 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Vice Chair Russell: We would like to take up Items AM.1 and 2, the meeting minutes of October 24 and January 17. Is there a motion? Commissioner Carollo: Would you say those again, please? Vice Chair Russell: AM], AM.2. It's just the minutes of October 24 and the minutes of January 17. Commissioner Carollo: AM], AM.2, there's a motion for those. Vice Chair Russell: Is there a motion to approve the minutes? Commissioner Carollo: Yes, there's a motion. Vice Chair Russell: Thank you. Motion seconded by Commissioner Reyes. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on AM.1 and AM. 2. Thank you. AM.2 City Commission - Special Meeting - Jan 17, 2020 10:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon Note for the Record. For minutes referencing Item AM.2, please see Item AM.]. City of Miami Page 35 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 MV - MAYORAL VETO(ES) MV.1 RESOLUTION 6965 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING City Commission THE INDEPENDENT AUDITOR GENERAL TO INVESTIGATE THE ACCUSATIONS PRESENTED AT THE DECEMBER 12, 2019 CITY COMMISSION MEETING DURING THE DISCUSSION OF AGENDA ITEM D1.5; FURTHER DIRECTING THE INDEPENDENT AUDITOR GENERAL TO PROVIDE A STATUS REPORT ON THE INVESTIGATION AT THE JANUARY 23, 2020 CITY COMMISSION MEETING. RESULT: ADOPTED - NOT SUBJECT TO MAYORAL VETO Note for the Record. Pursuant to Office of the City Attorney Legal Opinion #19-002, the City Commission took no action on the mayoral veto due to the City Attorney's position that the resolution directing the Auditor General is not subject to veto by the Mayor. As such, the resolution is adopted as originally passed at the December 12, 2019 City Commission Meeting. Chair Hardemon: Mr. Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Yes. Mayor Suarez has vetoed Resolution R-19-0522 that was passed at the December 12, 2019 City Commission meeting. Resolution R-19-0522 is a resolution of the Miami City Commission directing the Independent Auditor General to investigate the accusations presented at the December 12, 2019 City Commission meeting during the discussion of Agenda Item DI5; further directing the Independent Auditor General to provide a status report on the investigation at the January 23, 2020 City Commission meeting. Mayor Francis Suarez: Mr. Chair? Chair Hardemon: You're recognized, Mr. Mayor. Mayor Suarez: Thank you. You know, we've talked about this already before. I don't think it's properly before you today, because my contention is that the mayoral veto which was properly -- pursuant to our ordinance -- placed on the next available regular Commission meeting as the first substantive item by the Clerk, as required by law. It was not acted on by the Commission when the Commission was abruptly adjourned. There's since been a special meeting where it was also not acted on by the City Commission. So my contention is that the mayoral veto was sustained. Obviously, the City Attorney disagrees and has issued an opinion essentially stating that the mayoral veto was not proper. As I've mentioned before, I think that this requires -- and that this Commission should want, frankly -- a judicial clarification on this issue. And the reason why I think the Commission should want a judicial clarification on this issue is for a variety of reasons. The first is, at some point, one of the Commissioners may be the Mayor, and I think it's important to uphold the integrity of the Office of the Mayor and the Mayor's authority. Secondly, the mayoral veto, which is the only act that the Mayor can take to uphold the integrity of the legislative process is something that protects Commission districts that are minority districts. And any one Commissioner can at some point want the Mayor to veto something that is a legislative item. The third reason is we have a scenario under which items that have been veto -able for 23 years under this system of government are now magically not veto -able. So we are now getting -- and I'll give you City of Miami Page 36 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 two examples from the last Commission meeting. One of them was a noise waiver; the other one was an appropriation, AN (Anti -Poverty Initiative). And I have examples here where just two weeks before that API, which is -- which I agree should be veto -able. It's something that, based on some changes that the City Attorney suggested or proffered that this Commission approved in legislation is now all of a sudden not veto -able. So you have significantly reduced the ability of the Mayor to veto items, which I think is something that is a breach of our constitutional powers. In addition to that, you've given the City Attorney unfettered ability to determine what is veto -able and what is not veto - able. That is extremely dangerous, because now the signature report has been diminished significantly on items that nobody disagrees were veto -able up until these decisions were made. And so, I think the most prudent course is -- and I'm -- I have -- I can get a law firm to represent the Mayor's interest, pro Bono, The City Attorney can represent her opinion and the City's interest, and it won't cost the taxpayers any money, but there will be judicial clarification on this issue, because this is something that is extremely, extremely dangerous. Our residents -- you know, the only position in the City government where all of our residents vote on is the position of Mayor. The Mayor does not sit on the council -- does not sit on the Commission, does not have a vote. And so, the Mayor's exercising of legislative prerogative is the exercise of the veto, which is the Mayor's -- you okay? Commissioner Carollo: I'm great, but I didn't realize that -- after this morning, you were disagreeing with me. Now you're going to agree with me on what the Mayor's duties and positions are. So I'm happy that, you know, you finally came along from earlier in the morning in what your roles is in the City, that's all. Mayor Suarez: Well, that's one of my roles. Commissioner Carollo: Oh. Mayor Suarez: I have several roles; that's one of them. So -- but it's an important one, because it protects the integrity of the legislative process. And the way that our Charter is set out, three Commissioners, in most cases, can approve legislation, the Mayor can veto it, and then this Commission has a right to overturn that veto by a supermajority, meaning four of the Commissioners; doesn't even require unanimity. So I would respectfully request that the Commission authorize the City Attorney to allow me to hire outside counsel. I'll do it at -- I will submit that it'll be at no cost to the City, it'll be a pro Bono law firm, and that way, we can get judicial clarification on this, which I think is a very important item for us to have judicial clarification on. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Mr. Mayor -- Mayor Suarez: Yes, sir. Commissioner Reyes: -- as far as I know, you see, the veto -able items, they are very, very well stated in our Charter. And because you are Mayor, you cannot veto whatever you want. We are -- there's a set of rules that govern this City, and it's called a Charter. And that Charter states specifically what is veto -able and what is not, you see; what is veto - able and what is not. We have a City Attorney that interprets that, and I trust the City Attorney. As a matter of fact, let me tell you, I have now working for me one of the attorneys that used to work in City government; not only here, in other cities, also. And that veto was reviewed. And today, I think that we talking about this is kind of moot, but for the future, for the future, I have some legislation that it will be coming in March that in order to clam this thing, we will, I mean, allow the -- anybody that has any questions about if it is veto -able or not to go to a arbitrator, you see? That's what he wants. You want to go to an arbitrator? Well, go to an arbitrator. But my opinion is that we are City of Miami Page 37 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 rules by our Charter. Our Charter is interpreted by the City Attorney. If you don't trust the City Attorney when it goes against you, that's fine. But when it goes with you, then you trust them. I mean, there cannot be -- we cannot be selective. We cannot be selective. We have a City Attorney. Now, if you don't agree with her, I mean, and you want to get an -- and you want to go into arbitration, fine; let's go. I mean, we have to clear it, but I think that as it is your rule as a Mayor and ours as the City Commissioners to be ruled by our Charter. And if the City Attorney -- if I present any legislation and the City Attorney said, "No. That goes against the Charter, " I will abide by it. I will just -- I mean, not because it is against me, I will have selective indignation that it doesn't -- that now I don't trust them suddenly, you see. I believe how you feel, but one thing which is clear in that Charter, you cannot veto everything you want, you see? It is clear in that veto -- in that Charter. There are certain things that they are veto -able, I mean, and certain things are not. And that's my opinion, sir. And if you want to go to -- we're going to bring legislation to that effect in March. Mayor Suarez: Is that legislation veto -able? Commissioner Reyes: Hmm? Mayor Suarez: Is that legislation veto -able? Commissioner Reyes: Well, you should ask your outside counsel. Mayor Suarez: Well -- Commissioner Reyes: Ask your outside counsel, and we'll go according to your outside counselor interpretation or your in-house counselor. Mayor Suarez: Right. So -- Commissioner Reyes: Okay? Chair Hardemon: I'm going to recognize the Mayor, then the Vice Chair. Mayor Suarez: Thank you, Mr. Chair. So first of all, there is a fundamental disagreement with what the City Attorney believes the Mayor's veto provision of the Charter allows for the Mayor to veto versus what it doesn't. And I'll give you an example. For 23 years, for 23 years, certain items have been veto -able, for 23 years, and now, all of a sudden, based on this interpretation that the City Attorney has taken, many items are not veto -able. So it's not just about what I feel. It's not about whether I agree or disagree, whether I trust her or don't trust her. It's -- it has nothing to do with that. It has to do with the fact that for 23 years, items like the ones that I just mentioned -- the noise waiver, an appropriation -- are veto -able by the Mayor, and now, all of a sudden, they're not. That is an infringement on the Mayor's authority, that is an infringement on the Charter, and it has a very, very slippery slope. You may be the Mayor tomorrow, and if -- Commissioner Reyes: Who? Me? No. Heaven forbid. Mayor Suarez: Yeah. Who knows? And the City Attorney all of a sudden says that no items but for a very small percentage of the items are veto -able. So does that mean that they are? I mean, in other words, there has to be a check and balance to everyone in this government. There's a check and balance to the Commission, which is the Mayor. There's a check and balance to the Mayor, which is the Commission. There are checks and balances. If the City Attorney issues an opinion, we can agree with the opinion or we can disagree with the opinion. City of Miami Page 38 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Absolutely. Mayor Suarez: The check and balance of that opinion is the court system. So I don't understand why there would be any hesitation to put -- Commissioner Diaz de la Portilla: I don't have any hesitation. Mayor Suarez: Okay. I just want to make sure. You're not -- you don't have any hesitation with us submitting this to -- Commissioner Carollo: Absolutely. Commissioner Reyes: I'm just going to ask you a simple question. Mayor Suarez: Yes. Commissioner Reyes: Have you ever thought that for 23 years, we were doing it wrong? Mayor Suarez: Listen, it's possible. Commissioner Reyes: Because it happens. It happens. You said, because it's been done before. I have been in many companies that they have a system of doing things that they were wrong, and said, "We've been doing this for the last 10 years. " Well, you were wrong for the last 10 years. Mayor Suarez: And it could be possible for the last 23 days we've been doing it wrong. Commissioner Reyes: Absolutely, absolutely. Mayor Suarez: Right. And so, that's why I think a judicial clarification is the only way to have certainty in this process. Do you agree with that? Commissioner Carollo: Could you have --provide us with all the items that you said that Mayor Suarez: Sure. Commissioner Carollo: -- were done in the last 23 years and what they were about? And we could see it. Mayor Suarez: Yeah. Commissioner Reyes: That's a good idea. Mayor Suarez: That's -- I'll -- you can -- you want 23 years' worth of agendas, of signature reports? Commissioner Carollo: Well, you're the one that brought up the 23 years, not me, so you should have it. Mayor Suarez: Yeah, right. Sure. So we'll give you 23 years' worth -- Mr. Clerk, the -- you know, the City Commission is asking for 23 years' worth of signature reports -- Commissioner Carollo: No, no, no. Mayor Suarez: -- on items -- City of Miami Page 39 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Don't get the Clerk involved now. He's got plenty of work. Mayor Suarez: No, no. He's the custodian of records. Commissioner Carollo: Yeah, but he's got plenty of work. You're saying 23 years -- Mayor Suarez: Right. Commissioner Carollo: -- like if you had it already -- Commissioner Reyes: That's right. Commissioner Carollo: -- so if you have it, that's what I'm asking for. Mayor Suarez: Yeah. Commissioner Carollo: Just give us what you have. Mayor Suarez: Right. I'll give you what I have, and I'll give you -- and I'll show you the signature reports and what has been taken out of the signature reports, which is a significant amount of items. Commissioner Carollo: Well, look, one other thing that we're in agreement on; happily in agreement that we both feel that we don't need to take this item up today; for different reasons, but we're in agreement with it. So I'm ready to move on to the next item that we have for the day. But just for the record, don't get mad at me -- Mayor Suarez: I'm not mad. Commissioner Carollo: -- don't get mad. Mayor Suarez: I don't get mad, Commissioner. Commissioner Carollo: You know, I don't want you to come out and -- you know -- put one of those shirts on. Look how much time we waste constantly in this Commission when you sit up there and you want to discuss, you want to argue. I mean, this is -- the point that I -- Mayor Suarez: You want me to do --? Commissioner Carollo: -- I just wanted to make the point. Mayor Suarez: -- an analysis of how much you talk versus how much I talk in a Commission meeting? Commissioner Carollo: Well, but see, I'm here to talk. I'm the one and some other of us are here to talk -- Mayor Suarez: No, no. I am, as well. Commissioner Carollo: -- because we vote. Mayor Suarez: And I got elected, and they voted for me -- Commissioner Carollo: Yeah, I know; 86 percent,• you spent 3 million bucks. Mayor Suarez: -- not for you. And you didn't run. City of Miami Page 40 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: You spent 3 million bucks. Mayor Suarez: Maybe you were afraid to run, but you didn't run. Commissioner Carollo: You spent 3 million bucks. Mayor Suarez: That's why you're not the Mayor; you're a Commissioner, and that's it. Commissioner Carollo: You spent 3 million bucks, Francis -- Mayor Suarez: It's done. Commissioner Carollo: -- with three guys, two that you put into the race; the socialist, I don't think you did. I hope not. And they spent a thousand bucks between all three of them. Look, I did much better when I was your age and got elected the first time. I've had -- Mayor Suarez: No, you didn't get -- do much better, and barely got elected this time. Commissioner Carollo: -- seven -- Mayor Suarez: Right. Commissioner Carollo: -- total people in the race, and I got 76 percent. I didn't spend anywhere near what you did, and my opposition spent as much and more than I did. Mayor Suarez: Okay. Commissioner Carollo: So. Mayor Suarez: Thank you. Vice Chair Russell: Gentlemen, let's -- I have one question, please, for the City Attorney based on what Commissioner Reyes said. He stated that the Charter and Code expressly state what cannot be vetoed. That's not my understanding from my reading of the Charter and the Code. It does say what -- Commissioner Reyes: I stand corrected. Vice Chair Russell: Just a minute, please. Commissioner Reyes: Who's (UNINTELLIGIBLE)-? Vice Chair Russell: I have a question to the City Attorney. Does the Code and the Charter say what cannot be vetoed, or does it only expressly state what can be? Commissioner Reyes: I misspoke, sir. What can be vetoed. It specifically says the items that can be vetoed. Vice Chair Russell: Thank you. So we agree the Charter -- it leaves interpretation for what cannot be vetoed. So it does list what can be vetoed. Madam City Attorney, I just want a clarification on that. Victoria Mendez (City Attorney): Right. It only lists what the Mayor has authority to veto. It says, "The Mayor has veto authority only over any legislative quasi-judicial, zoning, master plan, or land use decision of the City Commission, including the budget, City of Miami Page 41 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 or any particular component contained therein which was approved by the City Commission. " Vice Chair Russell: Thank you very much. Ms. Mendez: So it's listed out. Vice Chair Russell: Mr. Mayor, you're recognized. Mayor Suarez: Yeah. And so, I think what -- the issue I have is, "any legislative decision" is a very broad category. And so, the City Attorney can interpret that however the City Attorney pleases. And the City Attorney has interpreted that language differently than it was in the past. And so, now, therefore, certain items that were previously veto - able are now not veto -able. Vice Chair Russell: Thank you. Ms. Mendez: To clam whatever 23 years of signature reports exist, this was not an issue. The previous Mayors would discuss the items they planned to veto. The signature reports were given to the Mayor, because the Mayor was not always present at the meetings; and so, he could have a briefing of the rundown of what occurred at every meeting. Because now we have this disagreement on what's veto -able or not, we have decided to hand over the items that are veto -able to limit any type of confusion so that we don't take up the time of the Commission on these issues. I feel that it is clear in the Charter what the Mayor can veto. This just was not an issue in the past. Vice Chair Russell: Thank you. Mr.Mayor. Mayor Suarez: Yeah. Thank you, Mr. Chair. And I think what the City Attorney doesn't say is that I've been -- at least in two years, I can guarantee you, and I'm pretty confident in saying in 23 years -- given signature reports that have items that are veto -able that now are not veto -able. So I don't understand why an item --for example, a noise waiver - - that was veto -able is now not veto -able if it was either a legislative item then, and that's why it was presented to me in the form of a signature report with the option to sign or veto it, just like the item that I vetoed in terms of the Commission action, because it is very -- legislative decisions are a very broad category. And by the way, the courts have interpreted them as a very broad category. So it's not what I think is veto -able; it's what the courts that's binding precedent on this City believe are veto -able. And that's not something that's even mentioned in the City Attorney's memo, which, frankly, I can't even understand how -- even if it's to distinguish the controlling case -- you can write a memo on vetoes without including the controlling case law in the State of Florida in the memo, even if it's to distinguish it. So I just -- I can't even understand how you can get there. Ms. Mendez: But you're citing Marbury versus Madison is correct, right? Mayor Suarez: Marbury versus Madison -- Vice Chair Russell: Please, we don't need to litigate this at the moment. Mayor Suarez: Right. Vice Chair Russell: I think we need to move on at this point. So I think -- I definitely wanted to hear what each Commissioner has to say, what the Mayor has to say, what the Mayor Suarez: But Mr. Chair I just want to be clear that -- City of Miami Page 42 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: -- but I don't think we need to go back and forth. Mayor Suarez: -- the City Commission is okay with the City Attorney assigning conflict counsel, because she has a conflict, to represent the Mayor at no cost to the City to judicially determine this issue. Commissioner Carollo: Mr. Chairman? Vice Chair Russell: Yes, Commissioner Carollo. Commissioner Carollo: Just one small last question. What kind of law do you practice, Francis? Real estate? Mayor Suarez: Yes; corporate real estate. Commissioner Carollo: Right. I'd rather have the opinion from the City Attorney. Mayor Suarez: Okay. Commissioner Carollo: Thank you. Mayor Suarez: That's fine. Vice Chair Russell: All right. So -- Mayor Suarez: But Mr. Chair, just to be clear -- Vice Chair Russell: Yes, Mr. Mayor. Mayor Suarez: -- that the City Commission is okay with her assigning conflict counsel for the Mayor at no cost to the City to deal with this issue judicially. Vice Chair Russell: Do you need a motion or a resolution on this item? Commissioner Carollo: No, no. We do not. Ms. Mendez: It would need to be a resolution if I am given that type of authority -- Commissioner Carollo: He -- Ms. Mendez: -- only there would have to be waivers on both sides -- Commissioner Carollo: -- right. Ms. Mendez: -- if the City Attorney's Office is to represent the City on that. Commissioner Carollo: If the Mayor -- Ms. Mendez: So it needs to be detailed. Commissioner Carollo: -- Chair, if the Mayor wants to challenge the opinion of the City Attorney, then he can go to court on his own accord. He always had that opportunity. Now he wants to put the monkey on our back. So -- Mayor Suarez: I don't want to put the monkey on you back. Commissioner Carollo: Of course, you do. City of Miami Page 43 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: No. I'm just saying that -- Commissioner Carollo: You have the right to go to court on your own accord without getting us involved. So why do you want to get us involved? Mayor Suarez: Okay. Vice Chair Russell: All right. So the veto is before us on this agenda. Whether or not we agree with it being here, it is, so we must deal with it. Commissioner Carollo: No. Vice Chair Russell: By -- Commissioner Carollo: He just said -- Vice Chair Russell: It doesn't matter. Commissioner Carollo: -- so. Vice Chair Russell: It doesn't matter whether we want to deal with it or not. This is an interpretation, and his issue, his case won't be ripe until there's an issue that -- a violation in his opinion, of the opinion. Commissioner Carollo: No, no. Now you're trying to be a real State Attorney. Vice Chair Russell: Not at all. I -- Commissioner Carollo: Yes, you are. Vice Chair Russell: -- currently am following the procedures of a mayoral veto, which it must be heard as the first substantive item on the first meeting after the veto is held. It wasn't held -- it wasn't heard. Commissioner Carollo: Commissioner Russell -- Vice Chair Russell: It wasn't heard. Commissioner Carollo: -- you just heard -- Vice Chair Russell: It supposedly -- Commissioner Carollo: -- your Mayor say that this is not properly before us, because his position is, since we did not deal with it -- Vice Chair Russell: Correct. Commissioner Carollo: -- at the last Commission meeting that we waived that already. So he's stated that there's no reason for us to take a vote. Vice Chair Russell: I happen to agree with that interpretation. Commissioner Carollo: And my position is different, even though I'm in agreement that we should not take a vote, but for a different reason, and that is that you cannot take a vote on a veto on something that has been placed on the agenda illegally, because he could not veto this item based on the rule of law that we have to follow from the City City of Miami Page 44 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Attorney. So we're both in agreement, he and I, that this should not be taken up, for different reasons. Vice Chair Russell: Thank you. I've had -- Commissioner Carollo: I do want to insist, and keeping insisting -- and we'll spend an hour in this, knowing you -- that we need to vote on it. Well, we don't. He just said it. I'm expressing the same opinion for different reasons -- Vice Chair Russell: Understood. Commissioner Carollo: -- why we don't need to vote on it. Vice Chair Russell: And I agree that it shouldn't be on our agenda at this point, either. Commissioner Carollo: Thank you. Can we move on, please? Vice Chair Russell: So what it is -- so my question is, is there a motion on W..1, on the veto? Commissioner Carollo: There has to be no motion. We don't need to make a motion in this. Vice Chair Russell: Thank you. Then we will move on. END OF MAYORAL VETO(ES) City of Miami Page 45 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 7007 MAY BE WITHDRAWN PERSONAL APPEARANCE BY THE CITY MANAGER. MOTION TO: Withdraw RESULT: WITHDRAWN 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 PA.], please see "Order of the Day. " PA.2 PERSONAL APPEARANCE 6690 A PERSONAL APPEARANCE BY RODNEY BARRETO REGARDING AN UPDATE ON THE SUPER BOWL. MOTION TO: Withdraw RESULT: WITHDRAWN 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 PA.2, please see "Order of the Day. " END OF PERSONAL APPEARANCES City of Miami Page 46 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon CA.1 RESOLUTION 7043 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DOSHAWN Attorney MURRAY AND HIS ATTORNEYS, OBRONT COREY, PLLC, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED DOSHAWN MURRAY VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 18-8800 CA 13, UPON THE EXECUTION OF GENERAL RELEASES, SATISFACTIONS OF JUDGMENT AS TO ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-20-0008 This matter was ADOPTED on the Consent Agenda. Vice Chair Russell: PAs.1 and 2 are withdrawn. CA.1, settlement, Doshawn Murray versus City of Miami. Is there a motion? Commissioner Carollo: Can we get a -- Commissioner Reyes: Move it. Commissioner Carollo: -- an opinion that --? Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Carollo: I'll second it, but can we get -- Vice Chair Russell: Second by Commissioner Carollo. Commissioner Carollo: -- a statement from the City Attorney on the record on the amount and why we're settling this? Victoria Mendez (City Attorney): For CA.1, the amount is for $37, 500. The medicals on this exceed 32, 000. The future meds on this is 80 to $90, 000. We have eyewitnesses saying that our driver, our City driver was at fault, and this is a good resolution for the City. City of Miami Page 47 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Okay. What department was the driver from again? Ms. Mendez: Building Department. Commissioner Carollo: Building. Okay. All right. Vice Chair Russell: Thank you. There's been a motion and a second. Commissioner Carollo: Yeah. Vice Chair Russell: Any further discussion? Commissioner Carollo: None. Vice Chair Russell: All in favor say "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.1. Thank you very much. END OF CONSENT AGENDA City of Miami Page 48 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 PH - PUBLIC HEARINGS PHA RESOLUTION 6505 A RESOLUTION OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE and Mayor VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY ACCESS AND SERVICE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY COMPANY REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ILLUMINATION TECHNOLOGIES"), INCLUSIVE OF BONDING AND INSURANCE APPROVED BY THE CITY'S RISK MANAGER, TO ALLOW ILLUMINATION TECHNOLOGIES ACCESS TO CERTAIN RIGHTS OF WAY FOR THE INSTALLATION OF MULTIPURPOSE POLES FOR THE PROVISION, AMONGST OTHER THINGS, OF A VIGILANCE SECURITY NETWORK, INCLUDING A VIGILANCE VIDEO CAMERA NETWORK, FLOOD SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY, FURTHERING THE INTERESTS OF THE PUBLIC'S HEALTH, SAFETY, AND GENERAL WELFARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PH.] was continued to the March 12, 2020, City Commission Meeting. Vice Chair Russell: PH..1, right-of-way access, Illumination Technologies. Is there a motion? Commissioner Carollo: I'm going to make a motion for discussion. Vice Chair Russell: It's been moved. Is there a second? Commissioner Diaz de la Portilla: I'll second it for discussion. Commissioner Carollo: Okay. City of Miami Page 49 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: It's been properly moved and seconded. Discussion. You're recognized, sir. Commissioner Carollo: There are two parts that I need answered, and begin with the first one; it should be the quickest one. And I'm sorry that you've been thrown into this role that we'll deal with a little later today, Mr. Assistant Manager. But by the way, when did you know that you were going to be chairing -- or being -- representing the Administration here today? Nzerie Ihekwaba (Chief of Operations/Assistant City Manager): I was informed about a few days ago that the Manager would not be available at this meeting. Commissioner Carollo: And do you think it was appropriate that you were informed a few days ago that at least I -- I don't know if any of you -- got any other notification that Mr. Gonzalez nor the Deputy Manager would be here today? Mr. Ihekwaba: We had a meeting scheduled to brief you, but it was cancelled, I believe, from your office. Commissioner Carollo: No, no, no. Please, please. That meeting is for something else. Mr. Ihekwaba: It was for this afternoon. Commissioner Carollo: In something of this matter, don't try to play that game with me now, because you're going in the way of your predecessors, and you're going to lose me real quick. Something of that nature should have come right from the Manager; at least the Deputy Manager if the Manager was busy moving, to let us know that they were not going to be here today. Certainly, if the Mayor wanted to make an appointment of you today, which he has not, in violation of our Charter I believe, he could have sent out a memorandum stating that neither one of those two gentlemen would be here today and he would be replacing them. So this is unfortunately the way that this City has been run with this past Administration, and I'm just trying to bring it out. But let me go back. And I know you're in the spot, so I'm not going to put your feet to the fire as much as I normally would in something of this nature. This item has to do with monetary gain for the corporation, Illumination Technologies, that wants something from the City, and we, like I always ask for should be in a position to make a monetary gain ourselves if they're going to make money into the future. Now, my question is, since I have no idea what this deal is worth, has the Administration done any kind of studies to see what is the potential gain that they will make in the future and what we should ask into the future if this works for them? Because this is a pilot program as I understand it. Right? Mr. Ihekwaba: Yes, sir. Commissioner Carollo: If this works for them, and they want to proceed, and we want them to proceed, what is the monetary gain that we estimate they'll make and what percent does the Administration recommend that we ask from them? Is there anything that's been done on that? Commissioner Reyes: Mr. Chair, may I interject? Commissioner Carollo: Yeah, but -- Commissioner Reyes: Oh. City of Miami Page 50 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- yeah. Let me just finish, because I got a couple of follow- up questions for you. Mr. Ihekwaba: Yes. The Administration had actually identified quite a number of public benefits components. Commissioner Carollo: I'm not talking of benefits now. I'm talking -- Mr. Ihekwaba: IfI may? Commissioner Carollo: -- dollars. Mr. Ihekwaba: If I may, while we were speaking with the individuals and their company, there had been suggestion to follow the timeline and the plan that the City had always historically adopted, which is to adopt a fair market gross value in terms of percentage for most of our franchise agreements. That was on the table. This reso had not been finalized until when it was placed on the agenda, I believe, for last year, and the individuals requested for a deferral to this date; that's why it's back. Commissioner Carollo: Okay. Mr. Ihekwaba: Between the last date when it was scheduled to this date, there have not been any further meetings between the Administration and them. Commissioner Carollo: So the Administration don't have a recommendation, a monetary recommendation in what the percentage that you recommended we make in this deal? Mr. Ihekwaba: To my knowledge, there had not been a firm recommendation. However, our initial thought was to base -- start of discussions based on the traditional historical level that we've operated on, which is typically about 60 percent of the gross revenue earnings that they're going to make. Now, keep in mind that they don't have -- this is something that they're planning to do, and in anticipation of getting utility owners to quote -- to be their clients -- and that had not even been finalized. So there was really nothing to work on, other than to start off with the public benefit component. Commissioner Carollo: But my question is, if this is not finalized, then why did the Administration put it in the agenda today? Furthermore, the 6 percent you're talking about is not based on deals like this. It's made on real estate deals that we usually go 6, 7 percent. So your statements to me are more than clear, no matter how you want to describe it that the Administration is not ready for this today, even though -- not you -- the Deputy Manager that was actually running the City put it in the agenda. Now, let me go to the area -- Mr. Ihekwaba: So ifI may, Commissioner? Commissioner Carollo: Go ahead, sir. Mr. Ihekwaba: The installations is not a real estate deal. This is an installation, utility installation on a public street. It's not on private property. It's not on City - owned facilities. This is just for poles, for SG (UNINTELLIGIBLE) in the City. Commissioner Carollo: I understand all that, but my position is still the same. I'm not getting a solid recommendation or any recommendation from the Administration as to what we should be getting out of it. But let me go into the two over here that's - City of Miami Page 51 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Ihekwaba: If I may, I just mentioned that there have been several public benefit components to this, and so it's already -- Commissioner Carollo: I'm going there now. Mr. Ihekwaba: --in the package. Commissioner Carollo: I'm going there now. Mr.Ihekwaba: Yeah. Commissioner Carollo: Okay. The public benefits are some type of alarm system to alert us to flooding, that's good; cameras, it says and tag readers. And here's my next question, who is going to be in charge of all the information that's collected from video cameras, from the tag readers and for how long will they have that information? Mr. Ihekwaba: I believe this was something that we worked out through the Miami Police Department. Commissioner Carollo: Excuse me? Mr. Ihekwaba: Through the Miami Police so the police chief should be able to provide some details of the request. Commissioner Carollo: Okay. Well, where are they at so we could get that information? Michael Sarasti: Mike Sarasti, Director of Innovation and Technology for the City. In the contract, it's explicitly stated that none of the data will flow to Illumination Technologies. All of the data will explicitly be going only to the City, so be responsible the same way they are for their cameras today -- Commissioner Carollo: Okay. Mr. Sarasti: -- and will be going through Commissioner Carollo: All right. Don't go yet; got more questions. Before I go back to that, where are the servers that they're going to be using for all the recordings that they're doing? Where are the servers going to be located at? Mr. Sarasti: The servers will be going -- well, they're using the same servers in the data center that we operate today. The police operate their own set of servers, so they can speak to their side. Commissioner Carollo: Yeah, but I'm talking about theirs, where they're getting the information from, and they'll store it before they send it to us. Mr. Sarasti: So they can be confirming; they will not be storing anything on their side. It's a fiber infi^astructure, only the hardware for the poles. I think they can speak more directly to that. But there are -- their hardware will be transmitting information directly to our servers. Commissioner Carollo: But my question is, their servers, their main servers, they're stored somewhere that to them, that information would come to us, where are they located at? City of Miami Page 52 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mr. Sarasti: Let that -- technically maybe speak to how you're going to be transmitting that information directly to our servers. Our understanding is that it will not be stored at any point, at any time on their side. Commissioner Carollo: But it'll be going through somewhere before it gets to our Police Department. Mr. Sarasti: Through the fiber; and through the routers and the switches, but I'll let you speak to some of that. Commissioner Carollo: Thank you. Janna Lhota: Now is an appropriate time. Good morning, Chair, Vice Chair, members of the Commission. My name is Janna Lhota. I'm an attorney with offices at 515 East Las Olas, Fort Lauderdale; here acting as outside counsel for Illumination Technologies. In response to your question regarding the servers, we do not have any servers that will be provided as part of this agreement. We are simply providing the public safety equipment, which includes the vigilant security camera, which is the camera; the license plate readers; the floor centers, as well as the other equipment that's outlined in the agreement. Included in that is the fiber back haul, which is the fiber that connects the various sites to the City's data center, and it is at that point where the data basically is -- terminates and stored by the City. The agreement makes it abundantly clear that we have no control, access, or operation at all over any of the data, or even over the equipment that we're donating and dedicating to the City. That is completely within the City's purview, so as to the use and storage, I would then defer back to the police. Commissioner Carollo: Okay. All right. Thank you, ma'am. I'd like to get you back on. How long is the City of Miami Police going to be storing people's stats and how they're going from one place to another where they could eventually know the lives of every person that travels through our City? How long are they going to be keeping the videos that are going to be taken out in the street? We're getting to an area here that every resident, every citizen in Miami should be very concerned. It's Big Brother 2020. That readers, cameras, they're supposed to be -- truly, if you got people that are criminals going through our City, they're wanted for something, you could catch them immediately if something happens within a short period of time. You know they went through, you catch them. But my concern is, how long will you be storing and keeping this information? Jorge Colina (Chief of Police): Just a couple of quick points of clarification, Commissioner. This is not our item. This is not a Police item. This is a component that elimination -- Commissioner Carollo: Yeah. Chief Colina: -- is adding on there to make it more attractive to the City -- Commissioner Carollo: I understand that. Chief Colina: -- the Police portion of it, so -- Commissioner Carollo: I understand that. But nevertheless, they're stating that you're going to be the one that's going to be owning this. Chief Colina: No, I understand. I just wanted to make that clear that -- Commissioner Carollo: Sure. City of Miami Page 53 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chief Colina: -- this is not a Police item. Commissioner Carollo: Okay. I understand that. And while I find that there are some good, legitimate reasons -- Chief Colina: Sure. Commissioner Carollo: -- to have that, that would be very beneficial to the Police Department, and frankly, to our citizens. Chief Colina: Well, we believe -- Commissioner Carollo: My concern is, what happens after that? Chief Colina: So the State of Florida says that you're allowed to hold LPR (license plate recognition) data for three years. What we typically do is, we default to two years, so we'll hold that data for two years. It is our data. We don't sell that to anyone, we don't review it, we don't go back and develop trends or patterns from it, like some other agencies do that are a little bit more aggressive in how they handle their data. For us, it's more as an investigative tool after the fact; not to develop trends during. So for LPRs, which is just the images of the license plate that will be captured, we will keep that for two years if we're able to. If it becomes a matter of storage, and we're unable to, and it becomes too expensive, then obviously, we'll lower that. In terms of video, that's far more expensive to keep video storage, so all we do with video is three months unless there is a crime that is -- that occurs, in which case, depending on the statute of limitation of that crime, then we will use that as the standard of how long to hold onto that video. So, for example, if there's a video that we have of a murder that occurred, we would keep that record. Commissioner Carollo: Obviously, Chief, and -- Chief Colina: Otherwise, after three months, sir; we get rid of it. Commissioner Carollo: Yeah. I don't think anybody would be in disagreement with a situation like that. Chief Colina: No. Tm just explaining the schedules of time. Commissioner Carollo: Yeah. And I appreciate that. But here, we have ongoing lawsuits right now, some in the State; in fact, some right in this County; some in other States with this issue, because people's -- you know -- private lives are sacred. So there has to be a big balance between protecting the public and -- Chief Colina: Right to privacy. Commissioner Carollo: --their rights to privacy. Chief Colina: Agreed. Commissioner Carollo: Now, I would be happy to go forward with this pilot program even though the Administration has no idea what this is worth. They give me 6 percent. That's for other real estate deals. And if I say anything, I'm a had guy, "recall Joe. " But what I want from your department -- and I want this as part of the ordinance, so it's the law -- that within 30 days, you do away with whatever tags you took and whatever video you have, unless, of course -- Chief Colina: There's a crime. City of Miami Page 54 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- there's a crime that's committed and so on. Then you have that right to keep it. We certainly would want you to keep it to be able to prove it. But otherwise, there's no need to have all that storing for such along time. So I would lean to move forward with this as a pilot program. I would like for it to come back whenever the next Manager is here and gives us an idea what it's worth, because I think we owe that to the public. But, you know, in as far as the storing of this information, there has to be a limit to it. Chief Colina: Just a point on that. I agree with you, Commissioner, on the right to privacy. It's something that we discussed and that we weigh when we have our discussions at the Police Department. One of the things that we've discussed -- and I'll give you an example. We were discussing facial recognition, very controversial item across the country, kind of similar to what you mentioned. Anything that has to do with the right to privacy is probably something that we should have community engagement on, where we go out and have meetings in the different communities, and have our residents come up express their opinions on the matter. I think it's that important, so I'm in agreement with you. I think it's something -- when we're going to do something that involves a privacy issue, it's probably one of those items that I think we should probably sit down with every Commissioner and find out exactly what your thoughts are, because they are so controversial, and because, you know, people, in fact, are a bit wigged out, as you mentioned, about the Big Brother issue. So I think we're in complete agreement. The only caveat that I would mention in terms of the storage if we are storing is sometimes we don't know what's important. And so, for example, if we found out information on a crime that the person was in this neighborhood and this occurred four months ago, for example, or six months ago, having the ability to go back to see if that car did drive through that neighborhood and a tag was captured would be a valuable tool. That's the only part there where we got to weigh it. Commissioner Carollo: It could be, Chief. Chief Colina: Yeah. Commissioner Carollo: But you know what? The rights, four months, a year, two years later, of every other resident to their privacy outweighs that one or two crimes that maybe you'll find. The real idea of this is to immediately find out if someone is coming with a tag or a stolen vehicle, or someone that's wanted for something that you know they've gone through your city, and you could go after them. The video, which I was told was not going to be used, but I still see it in here, is basically the same effect that you're having. So for the immediate impact, I think 30 days is more than reasonable. And as you said, you weren't asking for this, so I would -- if the seconder of the motion would agree -- change the ordinance, that we include that there's a 30-day maximum storing of information, either tags that are read, or videos that are taken; upon which time, they have to be deleted, destroyed from the system. Chief Colina: And Commissioner, just so I understand, are you speaking solely on whatever we may have with Illumination Technologies, or are you proposing that we also follow that schedule for what we have currently? Because what we have currently -- Commissioner Reyes: That's right. Chief Colina: -- is different than what's being proposed, so. Commissioner Carollo: I'm talking about now. Chief Colina: For this one here? City of Miami Page 55 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Yeah. Chief Colina: Okay. Commissioner Carollo: That's what I'm talking about. I'll be happy to sit with you so you could brief me on some of the other stuff you have and what we should do with it -- Chief Colina: Okay. Commissioner Carollo: --afterwards. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Chair Hardemon: Then Commissioner Reyes. Vice Chair Russell: I am in support of what SG may bring for us in a positive. I think our job is to make sure we fight for our residents; not only their quality of life on the sidewalks, but the finances of the City to make sure we get the best deal. It should be noted this is not a pilot program. If we approve this today, the agreement shall commence on the date it's approved and continue for 20 years. And we don't know what SG is going to mean right now. Each company is fighting for our turf, for our sidewalk space to put in these poles. So if we're going to allow this, I really want to make sure that the negative is mitigated with some positive. And I know this is a four -fifths vote. My ask with regard to this is that, one, we get a fair shake for the City, and I believe if there's -- if the City staff believes that 6 percent of gross is fair, that would be my request as an amendment. And two, I think that what's going on these poles for their business model is to allow providers, telephone communications providers to sell service to SG to residents who happen to be walking by and have SG within the range. I think they should also include a Wi-Ei transmitter or a (UNINTELLIGIBLE) off the top of each pole for those who don't have phone service, but they may have a device which can just use Wi-Ei for free, and that's something that would not cost them a lot in the longer term on this. And so, those are my only two asks as an amendment; otherwise, I'm a "no" vote. Commissioner Reyes: Mr. Chair? Chair Hardemon: I want to recognize Commissioner Reyes. Commissioner Reyes: Well, I'm the sponsor of this bill, and let me tell you that I really appreciate Commissioners' input in it. I think that makes it better. I do agree that -- and I'm very concerned, also, and we stated it when we were talking with the Police Department that -- about the time that the information was going to be installed. You see, I do agree that there is no need; 30 days is maybe too long. But because there is a concern in the population about our privacy that has been violated, but the truth of the matter is that wherever we go, we find those cameras. And this is what -- I think this is what it provides us. It gives us a lot of individual; besides, it provides Wi-Ei to certain areas, like parks that we have here. And I do agree with Commissioner Russell that it should also include, you see, providing some type of Wi-Ei to people that doesn't have it, and try to expand the area of Wi-Ei as much as they can, and that's why I've been in favor of this, because it gives us at no cost at all the type of information to make our neighborhoods more secure, you see; neighborhoods more secure. And that's what we are paying now to have, and this is going to be as a public service, which was quantified at my request. And you know that, Zeri. I asked to be quantified at my request -- I mean, to be quantified in City of Miami Page 56 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 order to have an estimate of how much contribution was -- or how much would it cost us in order to implement this system. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Just a question in process. Are we going to allow Illumination Technologies to give -- I think they have a brief presentation or an idea of what they want to do and why they think it's a good service? I think it's fair if we're going to vote on it -- Commissioner Reyes: Yes, yes. Commissioner Diaz de la Portilla: -- that we allow them their brief presentation, and then we take it from there. Are you going to be the sponsor? Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: I do agree with you so -- Commissioner Reyes: Absolutely, absolutely. I want you guys to be satisfied. And another thing that -- because that's what we are; we're collegiate. And I see it as -- and it is beneficial to the City and to -- Commissioner Diaz de la Portilla: I also know it's a very limited area. It's a very limited number of sites that we're doing that this project consists of -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- citywide or anything like this. I understand it's a massive project, so I want to know what it is, how many sites, what benefits -- Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: -- it has for our citizens. Commissioner Reyes: And also -- Commissioner Diaz de la Portilla: And where are we -- let me finish. I also agree with Commissioner for a 30-day limit. I think it's a great amendment -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- to this idea that we're trying to do here today, so -- Commissioner Reyes: Can I just state --? Commissioner Diaz de la Portilla: -- those are my thoughts. Commissioner Reyes: You see, this -- and the resolution also states that (UNINTELLIGIBLE) the City Manager or the Administration would still be working. This don't mean because by passing this it's going to be -- I mean it's going to be -- everything is going to be completed, no. It is stated that further association, the City Manager negotiate and execute any and all amendments, you see? And whatever other extension or whatever other form acceptable to the City Attorney. City of Miami Page 57 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Well, I don't agree with that. I think that should come back to us -- Commissioner Reyes: No, no, no. Commissioner Diaz de la Portilla: -- not to -- because we don't know who the -- Commissioner Reyes: Okay, but they -- Commissioner Diaz de la Portilla: -- because we don't know who's going to be sitting there next week. So we need to know -- everything needs to come back to us for final approval. Commissioner Reyes: Okay. Well -- Commissioner Diaz de la Portilla: I'm going to be very adamant about that. That's important. Commissioner Reyes: -- but I'm going to add to this, if there -- any major changes occur, they have to come to us. Unidentified Speaker: Okay. Chair Hardemon: So -- Commissioner Reyes: Come back to us. Lincoln Diaz-Balart: Mr. Chairman, Commissioners, it's a pleasure to be with you this morning. The team -- the Illumination Technologies team is ready to answer any questions with regard to the agreement that is before you. It's clear the -- we have no problem at all, and think that Commissioner Carollo's suggestion with regard to timeframe of information is very appropriate, very logical. The agreement already calls, as you know, Commissioner Russell, for a fee per pole to be paid to the City. Your most recent suggestion alters the agreement significantly. And as you know, under the current law, poles -- they're in hodgepodge fashion. They're popping up everywhere. And under this -- municipalities deny licenses to the telecoms -- permits. They're going to be placing those poles now for SG in many places. This is an alternative. It's a test. It's 26 poles. It's an alternative of cooperation and consultation with the municipality to try to take into account the priorities of each and every one of you representing your citizens, your residents. So we ask that this alternative be given a chance, consultation, cooperation, and aesthetics, and many other ways. And -- but the agreement calls for an amount to be paid per pole already. Commissioner Diaz de la Portilla: What's the amount? Mr. Diaz-Balart: I believe it's $30 per pole. There's 26 poles. This is not a moneymaker. In other words, this is a test. And I'm here representing Illumination Technologies. The principal, Jorge Hernandez, my dear personal fi^iend, I've traveled with him to multiple countries. He's a visionary. He -- I've seen him turn dreams into goals, and goals into reality, and serve communities, and in many instances, like in this proposal, at no cost -- be at no cost to the City, services provided for the police, services provided like Wi-Fi; whatever your priorities are. But in order for this model to work, the agreement cannot be altered significantly, like you've proposed in your last statement, Commissioner Russell, but it's a very impressive win/win, and I thank Commissioner Reyes for his leadership, for thinking outside the box, representation of his constituents, and each and every one of you for City of Miami Page 58 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 your courtesy, meeting with us. I want to thank each and every one of you for your courtesy and your representation of your constituents. Chair Hardemon: Commissioner Diaz de la Portilla and then Commissioner Russell. Commissioner Diaz de la Portilla: You said 26 poles. I think the sponsor of the legislation, Commissioner Reyes has how many in his district? And then I think the other district is yours, Commissioner Russell. Vice Chair Russell: I got three parks. Commissioner Diaz de la Portilla: I think -- you got the majority, I think, but I don't remember the number now. How many in Commissioner Reyes' district? George Moreno: Good morning -- Commissioner Diaz de la Portilla: Good morning. Mr. Moreno: -- Commissioners and Chair. Yeah, we're going to have 26 poles in total. Chair Hardemon: Can you identify yourself for the record, please? Mr. Moreno: I'm sorry; yeah, sure. George Moreno. I'm the engineer and Manager at Illumination Technologies. And to answer your question, it's going to be 26 poles in total, as you mentioned. It's going to be 11 poles in the Brickell area, and we're going to have --five of them will have the ability to provide Wi-Fi right by the train station, so this is going to be the component that you were mentioning, the Wi-Fi. Then in Coral Way, we're going to have 15 poles to be providing services in that area, as well. Commissioner Diaz de la Portilla: That's 25, right. Mr. Moreno: It's going to be 26 poles; 11 -- I'm sorry -- in Brickell. Commissioner Diaz de la Portilla: Oh, 11 in Brickell and -- okay. Mr. Moreno: I apologize. 11 in Brickell, and then 15 in Coral Way. Commissioner Diaz de la Portilla: And 15 in District 4. Mr. Moreno: Yeah. And we're going to have the Wi-Fi, of course, component to it. Commissioner Diaz de la Portilla: So what I want to hear now is where you stand on this, Mr. Chairman, because it's a four -fifths vote. Chair Hardemon: I think there's a lot of discussion that still needs to be had. I will tell you that this idea is not novel. This is not the only company that does this. I, myself, have traveled to another state in the United States of America that is leading with creation of technology that is meant to host 5G technology. 5G technology is going to be an interrupter to how we really conduct our cellular service, so it's going to have the ability to really split the services; data based over here, cellular based over here, and then start to communicate almost instantaneously from one coast to the next. The reason that we're in the situation that we're in today with telecommunication industries placing poles like, for instance, in the downtown area City of Miami Page 59 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 haphazardly is because the State of Florida wrote legislation that did this to us. And so, I know of -- Commissioner Diaz de la Portilla: I've been telling you to go to Tallahassee with me for months now. Chair Hardemon: I missed you by a couple days. Commissioner Diaz de la Portilla: I know. Chair Hardemon: So I met specifically with the company that presented this sort of idea long before this was ever put on the agenda in the last year, and they had the same sort of idea, which is we can create a mechanism in which telecommunication companies can post their radios onto these poles. We can make them aesthetically pleasing. We will do it at no cost to the City. It is going to be how we try to introduce slowly, really -- well, introduce SG into these communities. SG is going to be the technology of the future. Most of our telecommunication devices will not be able to operate on the SG system. It's going to revolutionize, really, what's happening in the City of Miami and across this nation, like it's doing around the world. However, you know, part of my -- you know, part of my negative thoughts about what's happening is that -- The first thing I talked about in this resolution was not that it be a non-exclusive thing, because I do realize that there are other companies that provide this sort of service; that's first. This agreement is not that. These poles -- this will not guarantee that other companies will place radios on their poles. Yes, it may be able to save them money if they just place a radio on their pole instead of building their own, but they still may want to build their own, wherever they choose to put it, and the City of Miami is not allowed to stop that. I think the State legislature, we need to see as a board along with this legislature to make it all make sense. I don't -- I'm not saying that I don't think that something like this can't move forward. I think it can move forward, but I think there are other players that may want to also participate that I think makes sense. As was stated earlier on the record, the whole $30 or so per pole, I mean, I think it's probably State -mandated that we can't go over a certain cost per pole, and that's why the amount is so low. Certainly, I don't know if -- because I haven't had an opportunity to review it in relation to all these other things that we're considering right now -- there is an opportunity for us to make money off of it, just the same way as they want to make money, because, trust me, no one's building these poles not to make money, so they're probably advertising opportunities there. There's the rental opportunities these for space. I mean, there -- I mean, the list could go on as far as what could be done with these sort of sites. These sites could be opportunities for people to gather. There can be seating arrangements, like what we talked about around the parks. So I think this is -- it's good legislation. It is something that is -- that has tremendous opportunity. I do think that it probably needs some more baking though. Commissioner Diaz de la Portilla: Is that a 'yes, " or -- Chair Hardemon: I think it -- Commissioner Diaz de la Portilla: --for today? Chair Hardemon: I think -- Commissioner Diaz de la Portilla: To move it to maybe second reading or --? Chair Hardemon: I want to recognize -- I know Commissioner Russell and then Commissioner Reyes unless -- City of Miami Page 60 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Just a point of information. There is no advertising in this one, no advertisement. Chair Hardemon: You want to -- you're recognized, Commissioner Russell. Vice Chair Russell: Thank you. They say this is not a money -making venture. I don't believe that. It may take a while to ramp up and make money, and I hope they do have success, and I do hope they grow. But Commissioner Carollo, the mover, is never one to leave a had deal on the table or a penny on the table when the City deserves its fair shake, and that's why I think even the percentage idea is even more fair to them as if they make nothing, we make nothing. If -- and 6 percent -- I'm trusting our staff that it is a legal request of them. It is not putting them in a bind with telecommunications companies and it's not a big ask. But if this is a 20 year agreement and the number of poles does grow, and this is very successful for them, which I hope it is, I'd like to see the City come along for the ride. And then the other thing is if they are willing to put Wi-Fi on some poles but not others, that's my only other request as an amendment; that they do it on all 26 of the poles in this particular case. I'm not asking for police cameras, flood sensors, all these other things, and I know that's costing them a lot of money. Wi-Fi is not a major ask, and I think it's an equitable thing to offer our residents who don't have phone service. That can be very expensive. Commissioner Carollo: Well, the -- Vice Chair Russell: So I just want to know if there's an agreement to my amendment, so I know what my vote will be. Commissioner Carollo: -- $30, as I understand it, is $30 per month that they're offering. That's why we -- Vice Chair Russell: But we don't know how -- Chair Hardemon: Speak just -- Vice Chair Russell: They could make millions off of this. Chair Hardemon: I think it's per pole or installation. Commissioner Carollo: It's just per pole? Chair Hardemon: Installation. Unidentified Speaker: Per month. Commissioner Carollo: Oh, per month. Okay. So I'm correct. Unidentified Speaker: That's correct. Commissioner Carollo: Okay. So it's 30 per month. Unidentified Speaker: Per pole. Commissioner Carollo: 360 a year per pole. Okay. So that's what they're offering; 360 a year per pole. Now, I have a question of the Assistant City Manager. Is this something that they have a right by law, by the State law to put up without our approval, or do they need our approval to do this? In other words, are they, out of their own free will, giving us the $360 a year per pole or not? City of Miami Page 61 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Ihekwaba: Commissioner, to my understanding, the utility companies apprise these poles. Commissioner Carollo: All right. So they don't have a right unless we give it to them. Mr.Ihekwaba: Yes. Commissioner Carollo: And that's what I'm trying to get into the record. So the Assistant City Manager, trying to be quick on his feet and knowing that -- I don't know if I could call him his bosses, because I don't know where they are. I know they're collecting a hefty paycheck, but where they're at, it's not working in the City. He claims that 6 percent is something we used in the past, but not on something like this. So I really think the City Administration should --first of all, this was put in a little premature. We have no real knowledge if 6 percent is accurate or not. But at best, I would like to see -- and I say, "at best, " because I don't have the final number. They haven't done any study. It's $360 minimum, or 6 percent, whichever is greater. So if -- at least we're guaranteed 360. But if they're making a lot more money, we at least get 6 percent out of it. But, you know, we're -- Commissioner Reyes: Id -- Commissioner Carollo: Sorry. We're throwing 6 percent without --not having any idea if it's high, if it's low, you know; no idea. Now, I did hear the advertising. Part of this deal does not include that they could advertise on these poles at all, okay? So Mr. Ihekwaba: It does not. Commissioner Carollo: All right. Mr. Ihekwaba: So for you to place advertisement on a public street, you need specific legislation from this body authorizing that to happen. Chair Hardemon: Right. Mr. Ihekwaba: Pursuant to Chapter 54-9 of the Code. Chair Hardemon: This is true. But we all understand how this works. You have an infrastructure that's capable of advertising, then you have advertising. I'm not saying that that's what's going to happen here. I'm saying that that is the potential. You build a building with a flat side with no windows; an hour or more later, you have a mural. Right? That's just how this thing goes. I will say that I think that there's a lot that really has to be answered about this. I don't think that it's necessarily had legislation. I think this is very well possible. But what I'm saying to you here is that I know that this is not a telecommuni -- this is not a utility company. Right? We can deny them having poles. We know that utility companies don't need our permission. They can just put their poles. We know that the utility companies don't have to go with them to put their radios on these poles. And so, the question then becomes, well, if they're not a utility company, they don't have a right to the space. Then we can create any sort of revenue agreement, I would think, that we would want to. And I think that all these things probably need to be thought over so that we have an agreement that we can all smile about and move forward. I know Commissioner Carollo is always concerned about revenue when it comes to the City of Miami. But what I want to caution everyone with is, you know, how we go about with this item, because there are going to be other items that are going to come before this board where we're going to have to discuss revenue. City of Miami Page 62 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Let me just add, Mr. Chair, utility companies, they don't ask for our permission, but they don't give us any benefits, either. You see, they do whatever they want. They place it wherever they want, the style that -- whatever they want, which is totally different than this. This is just a pole that is going to make the whole area Wi-Ei, is going to offer a lot of benefits, like the tag readers, like everything that keep our City secure, you see. That is -- that's my main concern; it is security. And that's why I was interested on it. And when you cost the -- so what would it cost us to provide Wi-Ei to Shenandoah Park and/or Coral Way Gate Park, and all the parks that I want you guys to do it, you see? That's why I asked the Administration to cost them out, and they came with a number. And I want you to explain it a little bit better. Ms. Lhota: If I may? Chair Hardemon: And before you go on, but I want you to understand this, Commissioner. Having a pole like this to provide Wi-Ei is like killing an ant with a sledgehammer. Like, you know, this pole and the potential of the technology goes so much further -- Commissioner Reyes: Yes, yes. Chair Hardemon: --than Wi-Ei. Commissioner Reyes: I do understand that. And it goes way beyond that. I mean, it is -- the social benefit, it is great, and that's what -- Chair Hardemon: And you should also understand -- Commissioner Reyes: (UNINTELLIGIBLE). Chair Hardemon: --for the SG technology to work that it needs to work, these poles could be a certain distance from each other in order for the service to be what you expect it to be. And so, even the whole skipping from your district to the downtown area, there's this gap. Commissioner Reyes: The aesthetic of the poles. We don't want just a pole there. Chair Hardemon: Oh, absolutely not. Commissioner Reyes: We want something -- because all the communications companies, they come, and we don't have a say in type of pole. And you know that. You just go around Biscayne Boulevard, and you're going to see how many poles that they have placed, and we don't have a saying on it. We don't know how they look, you see. We don't know how they look, and we don't get any benefits out of it, you see? Chair Hardemon: I'll recognize you now, ma'am. Ms. Lhota: Thank you so much, Chair. Once again, Janna Lhota, outside counsel for Illumination Technologies. There's been a lot that's been said, and I'm going to do my best to respond to some of the items that's been brought up right now. Very quickly, I was slated to talk a little bit about some of the key provisions of the agreement, which I will get to in just a moment, because I do think that it will answer some of the questions. But first and foremost, I just want to kind of quickly -- because I have been practicing in the area of telecommunications since the Telecom Act of 1996 -- provide you with a real quick primer in terms of what is the legal and regulatory framework and environment that the City of Miami is currently operating City of Miami Page 63 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 under with respect to the management of your rights -of -way. As you know, for a long, long time, communication services providers have the legal right to place facilities in your rights -of -way. More recently, the results of technological advances, small wireless and wireless facilities are now able to be deployed, because they are a communications service as defined under Florida law. The options available to wireless carriers to deploy in the right-of-way are fairly limited. They can either attach to an authority -owned City pole -- authority -owned utility pole, which can be a City light pole, for example, or they can replace or repurpose that pole to allow them to attach their equipment. The only thing that the City can ask for under the State legislation is up to $1 SO per year per pole, the -- in exchange for the placement of facilities on your pole. The other option available to wireless carriers is to place a new utility pole, which they have the legal right to do, because they are a utility as defined by Florida law. What you've probably seen is, I'm sure, an increase in the structures that have been placed in the rights -of -way as carriers seek to density their network, which is basically allow the greater capacity that residents, and businesses, and visitors are demanding, and also to get their network ready for SG. What is not available right now are ready-made poles that you will have provided for by this agreement. In exchange for the placement of facilities in the rights -of -way by any of the carriers or communications services providers that come to the City, the City cannot ask for any additional compensation. You can't ask for any permit fee. You can't ask for any in -kind contribution of goods or services. That is expressly limited by Florida law, and that's because the City does receive the communications tax revenue yearly from the communications services providers, and that is all pretty jealously guarded by the providers as you probably know, for those that have been working with them, deploying facilities in the rights -of -way. What this agreement seeks to do is to bring a model that Mr. Hernandez has deployed successfully throughout Latin America and other countries, where they partner with the City to identify sites where they will install at their cost a multi purpose pole that will be co - locatable immediately. It is designed to allow the co -location of not just one, but multiple carriers on that pole; again, all at no cost to the City. That cost will ultimately be underwritten for our client when down the line they get carriers that decide to go on that pole. In exchange for that, exchange for the right to be able to access the right-of-way to construct the pole, Illumination Technologies has agreed to provide significant tangible and intangible benefits to the City. And what are those? This is -- now I'm getting a little bit into the agreement. First, they're agreeing to provide what we're calling a sensor package, and I'm going to describe this, because I think it's important, because it goes to some of the points made by members of the Commission. Sensor package basically includes the vigilant security camera and equipment, the flood sensors, and the license plate readers. It also includes the related back haul, which is all the fiber network to connect those facilities to the City's central data center. They also have agreed to provide the monitoring equipment at the data center. They've also agreed to maintain and periodically upgrade this equipment when necessary, and also agreed to provide Wi- Fi in three City parks, as well as Wi-Fi and cameras under poles that are adjacent to the Metrorail. Commissioner Diaz de la Portilla: Welcome, Mr. Chair. Ms. Lhota: And one of the significant things that I think I wanted to point out is that we've defined the sensor package because we wanted to build inflexibility. The City can swap any of that equipment as long as it fits in the space with something else. So if you decide it's not appropriate to have a security camera or an LPR, we just want to have Wi-Fi and a flood sensor, or some other equipment that fits within that valuation, we're happy to provide that. Chair Hardemon: Thank you very much, ma'am. Commissioner Diaz de la Portilla. City of Miami Page 64 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: $o you're providing hardware, actual hardware? Ms. Lhota: We are providing the actual equipment that we are going to -- basic -- how the agreement generally works is that before we decide to go and move to build a pole, the City is to tell us what equipment they would like on that pole. They don't have to put -- Commissioner Diaz de la Portilla: And you will pay for that? Ms. Lhota: And we're going to pay for the camera, the flood sensor, and the license plate reader, and that has a valuation associated with it. $o we're paying for -- Commissioner Diaz de la Portilla: And you'll have that valuation -- Ms. Lhota: -- and you can swap out as long as the equipment can fit on the space that we're reserving for you on that pole. Commissioner Diaz de la Portilla: Will you have that valuation for us, perhaps, if it comes back again? It will come back again, I think, because I think -- Ms. Lhota: We actually -- I have -- Commissioner Diaz de la Portilla: -- if I read my colleagues correctly, we don't have four votes here today. $o if it comes back to us, will you be able to provide at least a ballpark of what that valuation is, so we can have an idea of what kind of benefits you're providing to --? Ms. Lhota: We have some of that information for you today. Commissioner Diaz de la Portilla: Oh, can you give me that information now then? Ms. Lhota: Absolutely. I can -- I'll rattle off some numbers. Hopefully, I -- if I speak too fast -- I'm from Connecticut. If you want me to slow down -- Commissioner Diaz de la Portilla: That's okay. I have the same problem. Ms. Lhota: $o just for example, the monitoring equipment for the City's central data center, that totals almost $66, 000. The cost of the site preparation, the cost of the multi purpose poles and the pole installation totals approximately 750 thou -- I'm sorry -- that's about a million dollars -- right? -- if I'm adding it up right, so -- sorry. The security cameras, LPRs and flood sensors totals $750, 000. The Wi-Fi for the three City parks is $111, 000. The dedicated fiber strands, which is another thing provided by the agreement, in addition to providing the back haul to connect the various poles and the equipment that's on that pole for the City. $o basically, it's the City equipment that we're providing at no cost to the City on the pole that you've decided. That will be then connected through the fiber back haul to the City's central data center. The -- in addition to that, we are agreeing to dedicate eight strands of fiber that the City can use however you want; if you want to use it to connect your libraries, or whatever. We've agreed to dedicate eight strands of fiber to the City within the fiber that we lay. Commissioner Diaz de la Portilla: What's the value of that? Ms. Lhota: That dedicated fiber strand is -- the materials cost is $459, 000, and then there's obviously the installation cost, which goes on top of that. City of Miami Page 65 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: So now it's beginning to add up, right? You have a total at the end of the conversation? Ms. Lhota: Well, some of this has obviously embedded in it, because as we're installing your fiber, we're also installing the fiber for the back haul. But overall, the overall value is about $8 million, all in. So it's a significant investment. And this is the model which we've purposely limited the scope, and I understand that the length of the term of the agreement is long. That's in part because it's going to take us a while -- Commissioner Diaz de la Portilla: And because -- Ms. Lhota: -- to recoup the investment, the initial capital outlay that we're making to the City. Commissioner Diaz de la Portilla: Right. So the 20 years is to -- because it's $8 million you're putting into it. Ms. Lhota: We got to recapture that, right; it's going to be a while -- Commissioner Diaz de la Portilla: Right. So there won't be (UNINTELLIGIBLE). Ms. Lhota: -- because these are not macro sites. These are not the tall sites that you see in City parks. These are small cell sites, which is why you see so many of them. So you can imagine, small -- Chair Hardemon: Help me understand that. Ms. Lhota: Okay. A macro -- Chair Hardemon: You said they're small sites -- Ms. Lhota: -- right. Chair Hardemon: -- and that's why you see so many of them. Ms. Lhota: Right. A wireless network is basically comprised of two components: macro sites, which are the traditional monopole lattice with all 1 SO foot plus poles that you see on private property throughout the City. I mean, that's the ones that you see. Mono poles have the antennae rays attached to them and what not. Those are macros. Those serve a much larger area. And if you can imagine, the best way I explain to anybody how wireless works, envision a dark room with a flashlight that you turn on. The higher up the flashlight, the wider the swath of light. A macro, the taller you are, obviously, the wider coverage area you have. The capacity on these macro sites is limited, though. What you're seeing then is the small wireless is coming into one cell small coverage gaps where they exist, and using the right-of- way is a logical way to do that. But more importantly, the small wireless that you're seeing in the right-of-way is actually providing for the densification of the network, and that is the capacity, because no longer do we have -- like when wireless was first introduced -- cars driving down the highway and the calls bouncing from tower to tower. You have people sitting in their homes, sitting on a park bench, sitting in their offices using their phones; and using their phones now not just for text messages and calls, but for streaming live video. And it's that data that is -- that data, that's the densification that you're seeing with a lot of the facilities that are being constructed in the right-of-way. But because they're small cells, the range of those are -- that's why you're seeing as many as you're seeing -- City of Miami Page 66 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Well, this -- but -- Ms. Lhota: -- because they don't reach a mile. Chair Hardemon: -- you're speaking in relation to SG technology, and it's -- Ms. Lhota: It's 4G and SG. Chair Hardemon: But what we're talking about, what you're preparing for is not 4G. We're moving away from 4G. 4G will be nonexistent. Ms. Lhota: We -- but these facilities will be able to accommodate both -- Chair Hardemon: Today. But tomorrow -- Ms. Lhota: -- because you're seeing both being deployed today. Chair Hardemon: So my thing is this: 4G is here today; it will not be here tomorrow. All carriers will abandon their 4G technology. There are a few phones today that have S -- true SG technology. Even if your phone right now says "SG" on it, it does not mean that it's SG -capable. It's kind of like having a big hole in the top and a funnel, and a small one at the bottom. It's coming in as SG, but it's not going out as SG. So there's going to be a significant difference. And so, in order for you to have the intense SG technology, especially in an area like the downtown area, you have to have those sites close to each other, because it's so much information being packed from so many different people streaming that you want to keep everything moving at a SG technology speed. Ms. Lhota: Which is -- Chair Hardemon: So we understand. We understand. Ms. Lhota: -- why this agreement is really a win/win. One is that, as pointed out earlier on, and I think you all have recognized, any carrier who comes into the City, and even a passive infrastructure provider that's certificated is not going to offer the City all of the items that we're providing to the City. It is that very same -- the items that we are providing, which is what makes it extremely difficult to provide any type of revenue share, because, I mean, quite frankly, even the most recent amendments to provide the $30 per month was really taxing this agreement. We believe it's a win/win. We've seen this happening in -- Mr. Hernandez is already through the company out in California. For example -- and I thought this was a great example you gave me the other day -- is that in California, they've been deploying these facilities, and instead of LPRs, they are -- in some points in California are smoke sensors. And so, they have literally smoke sensors and smoke alarms that are being installed at their cost on the poles to the point where they have communities literally asking them to come in and build these. Chair Hardemon: But the difference between California and Florida I can't speak to, only because our legislators did something that hurt us as municipals and counties, and just the local places -- right? -- the ability to kind of make this make sense for us. So like I said, I think that this could potentially be good. I think it needs a bit more time, because we -- there are some things that we need to talk about, and what I would recommend for us is a continuance so that we can have an opportunity to really discuss these things and see what it is that we can do, and how it relates to current law as it is today, because, like I said, one thing I can say flat out, without apprehension: I know for a fact that there is another company that has City of Miami Page 67 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 approached -- maybe not all the members here, but at least this member about things like this. Vice Chair Russell: Yes. Chair Hardemon: And so, we've been trying to learn much about it before this sort of legislation came about. Vice Chair Russell: You're recognized. Commissioner Reyes: Yes. I want to tell you this, and this is not something that happened overnight. And I -- you see, I'm sorry that the Administration didn't keep you abreast, because we've been talking and going back and forth for the past two years; past two years. And I bet you, you just learned about this, Commissioner Hardemon, and Commissioner Carollo, he doesn't have all the information. And this is something that in the future, we have to stop with the next Administration. They have to keep us informed of every single project that is brought to any one of us, and this is why we have all this vacuum of knowledge that we -- They come here before you. You are asking questions that should have been answered --or you are making suggestions that should have been made before. It's two years that I have been meeting with them, meeting with the Administration, asking them -- I mean, quantify the amount of money that they are giving us. Are there any other people in the market? What benefit, additional benefits? Where can you install this? You should have had the same opportunity, you see? You should have had the same opportunity. And for the past two years, we've been working and we've been meeting with the police and all of that. You see, that is why when you said you're going to continue this -- these people have been dealing with the Administration and meeting with them for the past two years; the past two years. You see? Vice Chair Russell: I think -- Commissioner Reyes: I mean, it's incredible. This is very unprofessional. Jorge Hernandez: Mr. Chairman, if you can give me a few minutes? Chair Hardemon: Commissioner Carollo, and then I'll recognize you. Commissioner Carollo: Yeah. I'll be brief. I am shocked that Commissioner Reyes just let us know that he had been speaking and you had been speaking to the Administration for two years, and I have not gotten any information from the Administration. And even today, what I'm getting is a quick in my feet. Well, other similar stuff, we get 6 percent for. But no one can give me any solid information. Your representative just stated that beyond the $8 million that you're assuming that it's going to cost you to put all this together that the most that you could pay because of that high amount is 360 per pole. But they're telling me that 6 percent. Well, there's a major gap somewhere, which is telling me that -- and unfortunately, I can't blame him, because he was thrown into the seat just two days ago or three, and we weren't told again who was going to be here. But there's a big, big hole there somewhere on the 6 percent that was thrown. You're saying 360 is the most that you could pay, and at the same time, we have no idea the potential of what this could bring in, and in two years' time, they should have had plenty of information from you to have analyzed that. Mr. Hernandez: I would like to -- I think that -- Commissioner Diaz de la Portilla: So -- City of Miami Page 68 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: There's a -- Chair Hardemon: I did recognize him. If you'd like for me to call on you -- Commissioner Diaz de la Portilla: I'll wait. I'll wait. Mr. Hernandez: Yeah. Thank you. I think there's a very big misunderstanding that I think -- Chair Hardemon: Could you state your name for the record, please? Mr. Hernandez: Yeah, sorry. Jorge Hernandez. I live in California. I'm the President of the group. I think there's a big misunderstanding, that I think it needs to be clarified, and might not be understood before. We are giving this money voluntarily. The -- we have another alternative. The permits the cities have to issue, according to Florida law, have to be issued to infrastructure providers, like us, without having to pay anything, or to telecommunication providers. So that's something that's very important for all of you to know. And we can show you the law. There is -- like companies like us, there are already companies here installing it. Infrastructure passive providers -- I can name a few -- are already installing without even having to give anything to the City, without even coming here to the Commission. I know for a fact that there's hundreds and hundreds of sites being deployed already in the City. I under -- I hear numbers, about 300 to 400 sites. People -- Chair Hardemon: So then why are you here? Why would you come to us? Mr. Hernandez: Because our business model has always been in the world, let's try to give something for the city and the citizens. It's social responsibility. For us, it's been super frustrating, because we could have started building this like two years ago. Chair Hardemon: But you could do the same thing. Like, from what you said to me just now -- Mr. Hernandez: Yeah. Chair Hardemon: --you could build your pole. Mr. Hernandez: Yeah. Chair Hardemon: You could provide Wi-Fi. Mr. Hernandez: Yes. We don't need to provide Wi-Fi. Chair Hardemon: But my point to you is that the give -back that you're describing, you can do anyway. If FP&L (Florida Power and Light) -- FP&L has more poles in our communities than any other service provider, probably. If FP&L wanted to put a Wi-Fi --free Wi-Fi on their poles, they could do it. Mr. Hernandez: Yes. Chair Hardemon: So when you describe to me that you can do it anyway -- Mr. Hernandez: Because our business model has been super successful all over the world, and we're trying to reverse -- What's the most important thing for the citizens? What's the most important thing for the City? Let's try to work together City of Miami Page 69 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 instead of forcing and -- like they say, shoving towers down cities' throats, we say, "How can we work with the City in solving their main problems? What are their main problems? What's the main problem for the citizens? What do they want?" Right? And like we were talking, in California, it's fire. Here, you like Wi-Fi and flood sensors. We're a technology agnostic. We put whatever you guys want. Right? After two years of negotiating with you, they told us that these kind of things is what your Administration wanted. But for us, it's been super frustrating to see in Brickell how they put these ugly poles, concrete poles. And again, this is companies like ours. I'm not talking only about AT&T (American Telephone and Telegraph) and Verizon. I'm talking about companies that do the same thing that we do; passive infrastructure providers. They're putting it without -- giving zero to the City, nothing. So our business model has always been if we work with the people, if we work with the cities, then, you know, everybody's happy. Right? And we can work together and organize the cities. For me, it breaks my heart to see Miami -- I love Miami; it's my second city; been coming here since I was little. And seeing these posts they have been putting with no aesthetic everywhere in the City. We counted for the Super Bowl -- there were some towers that are very short, on the sidewalk, with 13 or 12 antennas. Some antennas are almost at the height of a head of a human being, with cables and stuff hanging out. That's what you guys are getting now. So for us --for me, as someone who loves Miami, it really pains me, because we've been trying to get this contract for the last two years, voluntarily giving things, while everybody else -- again, which I think you guys should check -- our understanding is hundreds and hundreds and hundreds of poles are being put up by not only AT&T, but companies like ours. If we are able to work together with the City and the citizens, and the citizens feel like this is something they are winning -- you know, in some cases, crime drops. In some countries, we find lost kids. In some countries, we put water. So the people don't have water and we give them water. I mean, we fix sustainably the problem long term for any -- for every single city or community, because every community might be different. Some might want Wi-Fi; someone want something else. Chair Hardemon: Thank you. Thank you, sir. I'm going to recognize Commissioner Diaz de la Portilla -- Commissioner Carollo: Can I ask him before he goes just a brief question? I'll be real brief. Chair Hardemon: -- and then Commissioner -- Commissioner Carollo: You stated, Mr. Hernandez -- Mr. Hernandez: Yeah. Commissioner Carollo: -- that you don't need our approval to do this; that there are other companies that are doing it already. Mr. Hernandez: Yeah. Commissioner Carollo: Then why has our Administration stated just a few minutes ago that you did? Mr. Hernandez: I think they're incorrect. And our lawyer, she was one of the ones who participated in drafting the law. Commissioner Carollo: Yeah, but I'm -- Mr. Hernandez: So we could -- I mean -- City of Miami Page 70 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Well, that was my question. Mr. Hernandez: I mean, if you guys want, she can -- Commissioner Diaz de la Portilla: Hold on, hold on. Mr. Hernandez: (UNINTELLIGIBLE). Mr. Ihekwaba: IfI may? Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: The question is whether you are a telecommunication company, licensed in the State of Florida. And I've been advised by Public Works that you don't have that license in the State. Ms. Lhota: Right. Illumination Technologies is not a certificated wireless infrastructure provider, which is why we're before you today -- Commissioner Diaz de la Portilla: And that's what -- Ms. Lhota: -- seeking access to your rights -of -way -- Commissioner Diaz de la Portilla: Right. Ms. Lhota: -- and in exchange, obviously want to do the right thing with what we've done, and provide a very valuable benefit to the City. Vice Chair Russell: Did she say she is or is not? Ms. Lhota: However, however -- Commissioner Diaz de la Portilla: She's not, she's not, she's not. Chair Hardemon: So -- Ms. Lhota: No. But we do have the capability should we choose to through a different vehicle to come to the City and place poles that is a certificated entity. Commissioner Diaz de la Portilla: But what Mr. Hernandez said is not correct. Only telecommunications companies in Florida can do what he's saying he thinks he can do. Is that correct? Ms. Lhota: Technically, anybody -- Commissioner Diaz de la Portilla: No; technically, no. It's either "yes" or "no. " Can he do it or not? Can you guys do it or not unless you come to us? Ms. Lhota: I'm sorry. Maybe you need a -- Commissioner Diaz de la Portilla: Can you do what he says he can do as a matter of right that Florida law allows? I know he can't, but he's -- Ms. Lhota: Right. Commissioner Diaz de la Portilla: -- if he's not a telecommunications company, he cannot do it in Florida without our explicit authorization. Is that correct? City of Miami Page 71 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Lhota: Yes. As to this company, yes; that's correct. Commissioner Diaz de la Portilla: As to the only company that's before us today. There's no other company here except you guys. Mr. Hernandez: So we have --yeah. So we have two companies in Miami. Okay? Commissioner Diaz de la Portilla: So it's -- can your second company do it -- Mr. Hernandez: Yeah. Commissioner Diaz de la Portilla: -- without our authorization? Mr. Hernandez: My second company can do it, and this company can be transformed very easily into the other one; it's just a matter of paperwork. Commissioner Diaz de la Portilla: So you're doing all this for social responsibility? There's no --? Mr. Hernandez: We have been doing this for social responsibility for a very personal reason. My father was -- Commissioner Diaz de la Portilla: I don't want to be cynical. I believe that there are companies that do that and definitely care. Mr. Hernandez: Yeah, yeah. So for me, it's part of the family business. We already have a company set up here in Miami that can do this without having to -- Commissioner Diaz de la Portilla: What's the name of that company? Mr. Hernandez: Vector Axis. Commissioner Diaz de la Portilla: Vector? Mr. Hernandez: Yeah. Commissioner Diaz de la Portilla: Axis? Mr. Hernandez: And this company, Illumination Technologies, can be very easily transformed into a company that is approved to do that. It's just a matter of paperwork. It takes like two months. Commissioner Diaz de la Portilla: I'm not going to take you at your word. I'm going to research it. Mr. Hernandez: Please, please do. Commissioner Diaz de la Portilla: I don't know what you want to do, Mr. Chairman. I think you had a question. But I want to research this. In fact, he can't do it as a matter of right, right now. Mr. Hernandez: We can give you the law. Commissioner Diaz de la Portilla: No, you don't have to give me the law. I'll do -- I'll find it myself, don't worry. Mr. Hernandez: Yeah. City of Miami Page 72 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: I want to recognize -- Commissioner Diaz de la Portilla: I actually voted for the Telecommunications Act. I don't want to show my age, but I actually voted for that act back in 1996. Commissioner Carollo: I -- Mr. Hernandez: Sorry? Commissioner Diaz de la Portilla: I actually voted for the Telecommunications Act in 1996. Mr. Hernandez: Yeah, okay. Commissioner Diaz de la Portilla: Because I was very involved in it, so to me, you know, what you were saying -- Mr. Hernandez: There's a Federal law and a State law. Commissioner Diaz de la Portilla: There's a State law, correct; that's the one I voted, was the State law. Mr. Hernandez: Yeah. Commissioner Diaz de la Portilla: I think maybe Congressman Diaz-Balart voted on the Federal, some Federal legislation, yeah, that was also passed. Mr. Hernandez: Yeah. Commissioner Diaz de la Portilla: But what you were saying, then that's incorrect to me, and I want to make sure that when you come before us that you're correct in what you say -- Mr. Hernandez: Yes. Commissioner Diaz de la Portilla: -- because we will do the homework. The Administration, that -- a very quick comment -- the Administration has not said a single word to me; not you. You're in the hot seat today, but the prior Administration -- or the missing Administration today did not say a single word to me; did not brief me on any of this. I did my own research. Mr. -- Congressman Diaz-Balart came to visit me and talked to me about it, so -- and then I did my own research. So I was brought -- it was the vendor who had to come and tell me this was happening. I think that you should have someone on staff for future meetings that knows Florida law, specifically on issues like this. You won't get caught flat- footed like you did today in here. Mr. Hernandez: We have changed the design several times, because when we proposed the previous infrastructure -- Chair Hardemon: Sir I want to stop you, because the design is like really of no concern -- Commissioner Carollo: Chairman -- Chair Hardemon: -- at this point. I want to recognize Commissioner Russell -- Vice Chair Russell: Thank you very much. So I think -- City of Miami Page 73 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: -- and then I'll recognize you. Commissioner Carollo: --I'm just saying that -- Vice Chair Russell: -- so the -- Chair Hardemon: He got recognized first. Commissioner Carollo: -- I have to go. We've gone half an hour and I would gladly be willing to take this up when we come back. But, you know, we've gone over half an hour already. Chair Hardemon: Right. Commissioner Carollo: We never do this. Vice Chair Russell: It looks as though it's going to get deferred. I just wanted to give some homework to the Administration in the meantime, so they can work together with them and bring us something back that we can work with. So there's a couple missing factors. A couple things were mentioned. One is that the telecommunications companies have the right, but they're now talking about infrastructure companies separately also having rights, and that there may be hundreds of these in the City. I would like an analysis of that; you know what our rights are with those companies and who's doing that, and if we can or cannot stop them. Two, they mentioned a lot of their expenses and their investment in this, and I can appreciate that. I do, however, want to be realistic, though. The additional strands you're giving us are not the value of the total amount of what you're investing. To put additional strands doesn't cost you extra millions of dollars. It's really the investment of millions of dollars that allows you to put the strands you're putting. The additional strands are not that much more as was said. So I just don't want to get an exaggeration of the invest -- or the benefit we're receiving versus the investment you're making. But fair enough; there is a significant investment that's going to happen. The question mark, the blank we don't know about is the revenue side of your model, and that's why I don't want us to get left behind. If $30 per pole comes out to less than $10, 000 a year as a significant part of your revenue base, fair enough. But if you are able to make millions and millions of dollars a year off of this, if your model is so successful, I congratulate you, but I want us to be a part of it. Mr. Hernandez: Yes. Vice Chair Russell: And that's my only thing there. And to maybe find a little room for you on this Wi-Fi situation, I'd like an analysis from the Administration before this comes back, if this gets deferred, with regard to the flood sensors. We may not need these flood sensors on every one of these poles where they've been analyzed. They're going to be on the sidewalk a good -- you know -- six, eight inches above the street as it is. If the flood sensors are not necessary, if they're not going in flood - prone zones, maybe that's a little savings you can find there if the -- unless this is something the Administration really, really wants. I haven't heard that from them. The Wi-Fi is what I'm seeking for all of the residents in all of the locations, and then the financial, and then I'm a "yes. " Mr. Hernandez: Just if -- when you finish your analysis, this is what I would want you to reconsider: Whatever you ask from us, if other people are not giving anything, whatever we do -- Wi-Fi, percentage of revenues or whatever, it's something that's going to affect this model. Right? So there -- it's -- there's a -- there's a no fair play. Right? City of Miami Page 74 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Well, it's not fair right now, because it's not fair to us as a city -- Mr. Hernandez: I know. Chair Hardemon: -- because the State of Florida has given telecommunication companies the right to do this. And then it's also -- Mr. Hernandez: And the infrastructure provider. Chair Hardemon: -- it's not fair necessarily to you and your competitors, because now you're asking us for an exclusive right and -- Mr. Hernandez: Not exclusive, not exclusive. We never asked for exclusivity. Chair Hardemon: Okay. You might not have asked for it -- Mr. Hernandez: No, no, never. Chair Hardemon: -- but it appears to be that is what you're getting. Mr. Hernandez: No, we never asked for exclusivity. Chair Hardemon: Okay. Understood. Mr. Hernandez: We never asked for exclusivity. So just take that in consideration, because what we wanted to make is Miami a model on the east coast. Right? So we've heavily invested in a city in California to make it the model of the west coast. Chair Hardemon: Understood. Mr. Hernandez: And in this case, we're going to over -invest to make Miami the model of how this should be done so that we can replicate it in many other cities. So please take that inconsideration. We really don't expect to make money --millions of dollars with these 26 sites. Chair Hardemon: Thank you. Commissioner Reyes: What I was going to stress once more is that it is a shame that, you see, something like this, whatever other issues that come to us, and that when we get them before us, we have not been totally informed. Some of you guys have been not totally informed of what it is going on and how this business -- I have a list here of meetings that I -- since 2008 -- 18, I'm sorry -- 2018. And I think that we have to make it clear that any time that any project of this magnitude comes before any one of us and the Administration is involved that we should be informed, because we are the decision makers. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I just want the record to reflect that Vector Axis, LLC is a registered utility in the State ofFlorida, so Mr. Hernandez was correct. He does have a company. You're at 2332 Galliano Street. You do have a company that can do this as a matter of right. So he was saying -- he's being truthful. I just want to make sure that my colleagues know that as we go to lunch. Right? Okay? Chair Hardemon: Is there a motion to continue the item? Commissioner Carollo: There's a motion to continue this item at another time. City of Miami Page 75 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Do we want -- because they've been waiting two years, Commissioner Carollo. Chair Hardemon: I don't know that they've been waiting two years. I mean, I think it's a matter of semantics. Commissioner Diaz de la Portilla: Well, they've been waiting a year. They've been waiting -- do you want to put a time? Commissioner Reyes: Continue until when? Commissioner Diaz de la Portilla: Do you want to put a --? Commissioner Reyes is the sponsor. Commissioner Reyes: Continue until when? Commissioner Diaz de la Portilla: You want to put some time limit on it so that we can move quickly so we could -- Commissioner Reyes: That's right. I mean, the sooner, the better, because I'm sincerely -- I'm ashamed that after all the back and forth and all the negotiations and things like that -- Commissioner Diaz de la Portilla: I know, I know. Commissioner Reyes: -- then because you didn't know; no because of you don't want it -- Commissioner Diaz de la Portilla: No, I knew. Commissioner Reyes: -- because you were not informed. Commissioner Diaz de la Portilla: No, no, I knew about it. Commissioner Reyes: No, it --there was -- Commissioner Carollo: But this is -- Commissioner Diaz de la Portilla: I just got here. I was informed by the vendor. I had a meeting with him and he informed me. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And I read the agreement. But I think that in the -- you know, we need to have finality and we don't need to stop discouraging people from investing in our city, so that sense of finality that I was talking about -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: --I think it's important that we put a time limit on it; 30 days. Chair Hardemon: So -- Commissioner Reyes: I think that I heard that they're willing to do it on their own and withdraw this. City of Miami Page 76 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Well, I don't think there's a reason for drastic action, not unless -- Commissioner Reyes: No, I don't know, because that's what I was informed. I mean, they can do it on their own. They can do it on their own, and we don't get anything. I mean, it is -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: I mean, it is -- because it is two years -- Chair Hardemon: So is there a motion to withdraw now? Commissioner Reyes: -- I don't know. I mean, I don't know. It is two years of back and forth, bickering and -- Commissioner Diaz de la Portilla: Commissioner Commissioner, don't let the frustration get to you. I understand that you -- Commissioner Reyes: No, no, no. Listen, I'm too old to be frustrated. Commissioner Diaz de la Portilla: I know. But let's give them 30 days and if we want it -- let them think about it and we'll take it from there. Let us think about it, too. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: That's what I recommend. Commissioner Carollo: I think it's just outrageous that the Administration that's going out the door would not have told us -- some of us about what was going on with this particular project for all this time, and that they let a corporation that is clear now was trying to do what was right, and they could go on their own way and do it without giving us a penny; that they would allow these people on the hook to be waiting for so long, egging them on, and then they just throw this in the agenda on their way out, without the Assistant Manager that's there really knowing anything about it, not anybody else that I could see in staff that's here. So for the record, let it be another prime example of why we presented a motion that a majority of us supported on December 12 to fire the former City Manager. Commissioner Diaz de la Portilla: And for the record, let the record also reflect that we perhaps lost up to $8 million in investment because of our lack of action on this, our lack -- you know -- our frustration over the fact that we are not informed and not kept abreast by an Administration that we potentially lost $8 million of investment. They could do it as a matter of right anyway without giving us a dime. It's a no- brainer to take the 8 million. As a City official, I'm very upset and frustrated myself. I am frustrated. I'm not that old yet. I still get frustrated when these things happen, especially when you lose 8 million --potentially $8 million. Mr. Diaz-Balart: (UNINTELLIGIBLE). Chair Hardemon: So is this -- sir, sir, no. Is this a motion to continue or is this a motion to withdraw? Commissioner Reyes: Well, let me ask them. Are you willing to continue, or you just want to --just vote on it? City of Miami Page 77 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: We could vote on it, and whoever wants to throw away the $8 million, let them vote against it. Mr. Diaz-Balart: Commissioner Diaz de la Portilla couldn't be any clearer. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Let the people know. Mr. Diaz-Balart: There could be further and further discussion with -- and by the way, I reiterate our gratitude for your courtesy, but I think that the issue is clear, and there has been enough explanation. We would hope, as Mr. Hernandez said, that Miami would be a model, that you would take this based on social responsibility from this corporation these services for your constituents. And so, we're reiterating our gratitude for your courtesy. I think it's time for you to sign. Chair Hardemon: Congressman, I have the utmost respect for you and the work that you do. Mr. Diaz-Balart: Likewise. Chair Hardemon: The City of Miami residents were dealt a had hand by the State of Florida with what they put upon us. And, you know, in this situation, I would give you all the deference that we need if you give additional time so we can sort these things through. I do not want to be forced to vote on this item today, but if someone calls for a vote, it will happen. I don't think that you would like it. You may be moved to do whatever you choose to do after that. And, look, I'm not here to go back and forth with you, because this is very simple. Ms. Lhota: I was about to agree. Chair Hardemon: Whatever motion comes up is the motion that we're going to vote on. And so, if I were in your shoes, I would take a deferral. However, you're much more better paid than I am. You're much more better looking. You've accomplished much more in your life. You've done all these things. And if you want us to vote it down, you can. I'm just -- I'm putting that for the record to be clear. Right? So, you know, I don't think this is -- Ms. Lhota: I think what I'm about to say is going to help the matter. We are more than happy to continue this matter. And in fact, because of the length of time that's gone on, we may need to revisit some of the site, because obviously, they're only good to the City if -- and to us -- is if they are viable from our standpoint. So we will welcome the ability to continue this matter and further discuss the agreement with the City. So with that, I'll sit down. Chair Hardemon: (INAUDIBLE) 30 days? Let's set it to the -- 30 days is fine -- to the March 26 meeting. Commissioner Diaz de la Portilla: I second that. I second that. Chair Hardemon: Then that'll give us an opportunity to talk more about it. There's - - so that way, it's not lingering. If we want to continue doing it, we can do it. The motion is made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla. Todd B. Hannon (City Clerk): And so -- and I'm sorry. Just for the record, so item - City of Miami Page 78 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Wouldn't it be a superseding --? Mr. Hannon: Well, no. Either Commissioner Carollo -- right, yes. Understood. Chair Hardemon: Right. Mr. Hannon: Or they could just -- one of them can withdraw their motion and you can just proceed cleanly. Commissioner Carollo: Yeah. Well, I withdraw my motion. Do you withdraw your second? Commissioner Diaz de la Portilla: Okay, I withdraw it. Commissioner Carollo: (UNINTELLIGIBLE). Chair Hardemon: So the motion is noted for the record. Any further discussion on the motion on the floor? Seeing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion is approved. So now we're out for lunch. Come back at 3 o'clock. That's fine. City of Miami Page 79 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 PH.2 RESOLUTION 6884 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Resilience and VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, Public Works CONFIRMING, AND APPROVING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND WATER MANAGEMENT TECHNOLOGIES, INC., A FLORIDA PROFIT CORPORATION ("WMT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF WATER DEPOLLUTION AND CONTAMINATION REDUCTION ("SERVICES") OF ALL NAVIGABLE CANALS, OUTFALLS, AND THE BISCAYNE BAY WATERS FOR THE CITY'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("PUBLIC WORKS") FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.208000.534000.0000.00000 AND SUCH OTHER FUNDING SOURCES SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0036 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For additional minutes referencing Item PH. 2, please see "Order of the Day" and "Public Comment Period for all Item(s). " Chair Hardemon: So we are at PH 2. Is there any discussion regarding PH 2 or any motion? Mayor Suarez: Mr. Chair, I just want to sponsor PH 2 as well. City of Miami Page 80 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Noted for the record. It's been properly moved. Is there a second? Vice Chair Russell: Second it. Chair Hardemon: Any discussion? Hearing none, all in favor of the item, say aye. Py The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PH.3 RESOLUTION 6899 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE Finance VOTE, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", WAIVING THE REQUIREMENTS OF COMPETITIVE SEALED BIDDING PROCEDURES AS NOT PRACTICABLE AND NOT ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") AND APPROVING THE PROCUREMENT FOR THE CITY'S FINANCE DEPARTMENT OF A FINANCIAL SERVICE INFORMATION, DATA, SOFTWARE, AND EQUIPMENT TERMINAL SYSTEM FROM BLOOMBERG FINANCE L.P. ("BLOOMBERG"); ALLOCATING AND APPROPRIATING FUNDS FROM THE FINANCE DEPARTMENT'S BUDGET ACCOUNT NO. 00001.162000.534000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A BLOOMBERG TERMINAL USE AGREEMENT WITH BLOOMBERG FOR A TERM OF NOT TO EXCEED TWO (2) YEARS FOR AN ANNUAL USE FEE NOT TO EXCEED TWENTY-SEVEN THOUSAND DOLLARS ($27,000.00) PER YEAR FOR A TOTAL AUTHORIZED AMOUNT NOT TO EXCEED FIFTY-FOUR THOUSAND DOLLARS ($54,000.00) IN ACCORDANCE WITH BLOOMBERG'S QUOTE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, MODIFICATIONS, AND EXTENSIONS, SUBJECT TO FUTURE ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVALS AT TIME OF NEED HAVING BEEN PREVIOUSLY MADE, IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE LAWS, AS MAY BE NECESSARY FOR SAID PURPOSE. City of Miami Page 81 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: PH 3. Vice Chair Russell: I'll move the item. Chair Hardemon: It's been properly moved. Is there a second? It's been properly moved and seconded. Any discussion on the item? Hearing none, all in favor, say aye. Py The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF PUBLIC HEARINGS City of Miami Page 82 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE - RESOLUTIONS REA RESOLUTION 7012 A RESOLUTION OF THE MIAMI CITY COMMISSION Department of AUTHORIZING AN EXTENSION OF TIME FOR THE 2017-2018 Housing and COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC Community DEVELOPMENT AGREEMENT ("AGREEMENT") BETWEEN THE Development CITY OF MIAMI AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLKEDC"), FOR TWELVE (12) ADDITIONAL MONTHS FROM MARCH 31, 2020 TO APRIL 1, 2021; AUTHORIZING THE CITY MANAGER TO FURTHER EXTEND THE AGREEMENT, IF NECESSARY, WITHOUT FURTHER CITY COMMISSION APPROVAL IN ORDER TO ACCOMPLISH THE PURPOSES STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, MODIFICATIONS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS TO COMPLETE THE ECONOMIC DEVELOPMENT ACTIVITIES. ENACTMENT NUMBER: R-20-0038 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: The Chair requests a motion to approve RE.1. Vice Chair Russell: So moved. Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved and seconded. Any discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? The motion carries. City of Miami Page 83 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.2 RESOLUTION 6935 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Mayor ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00) TO PEOPLE UNITED TO LEAD THE STRUGGLE FOR EQUALITY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("P.U.L.S.E."), IN SUPPORT OF P.U.L.S.E.'S YOUTH LEADERSHIP ACADEMY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE.2, please see "Order of the Day. " RE.3 RESOLUTION 7141 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE and Mayor OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00) TO CATHOLIC CHARITIES LEGAL SERVICES, ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF ITS EFFORT TO PROVIDE LEGAL ASSISTANCE TO HOMELESS INDIVIDUALS WITH MEDICAL VULNERABILITIES SO THEY CAN MAINTAIN PUBLIC BENEFITS, SECURE PERMANENT RESIDENCY, AND PROMOTE EMPLOYMENT; 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-20-0039 City of Miami Page 84 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair Hardemon: RE.3. Is there a motion to approve? Vice Chair Russell: So moved. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Reyes: Second. Chair Hardemon: Any discussion? Hearing none. Vice Chair Russell: RE.3? Chair Hardemon: RE. 3. Commissioner Reyes: RE.2 was withdrawn. Chair Hardemon: RE.2 was withdrawn. All in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. REA RESOLUTION 6895 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Mayor ATTACHMENT(S), APPROVING THE APPOINTMENT AND 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: Ken Russell, Commissioner SECONDER: Keon Hardemon, 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. " City of Miami Page 85 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.5 RESOLUTION 7092 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), APPROVING THE EXTENSION OF THE and Mayor MOTORIZED SCOOTER PILOT PROGRAM FOR AN ADDITIONAL SIX (6) MONTHS, FROM FEBRUARY 15, 2020 TO SEPTEMBER 1, 2020, THEREBY PROVIDING THE CITY ADMINISTRATION THE TIME NECESSARY FOR A COMPETITIVE SEALED SOLICITATION PROCESS FOR THE ESTABLISHMENT OF A PERMANENT MOTORIZED SCOOTER PROGRAM; FURTHER APPROVING THE ISSUANCE OF SAID COMPETITIVE SEALED SOLICITATION, ATTACHED AND INCORPORATED, WITH CONSIDERATION FOR AWARD OF THE SAME TO BE SET FOR A FUTURE COMMISSION MEETING PRIOR TO CONCLUSION OF THE EXTENSION ESTABLISHED HEREIN. ENACTMENT NUMBER: R-20-0040 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla NAYS: Carollo, Reyes Commissioner Reyes: RE. 4 was withdrawn. Chair Hardemon: Yeah. Then we have RE. S. I don't know if you want to do that now or if you want to kind of move forward through some more things. Vice Chair Russell: It could be relatively quick. So moved. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Reyes: What? Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: What, what, what? Vice Chair Russell: The scooters. Commissioner Reyes: No, no scooters. No scooters. Do you know how many people have been killed? 30 people. Vice Chair Russell: In the City of Miami? Commissioner Reyes: No. All over the United States, 30 people. I was finding that out the other day. And I'm not going to have that in my -- and besides that, besides that, you see, yesterday, I was on 8th Street. I was on 8th Street and 18th Avenue, because I had a little meeting around there. We were having a coffee, a cortadito. When I looked, there was a guy on scooter, middle of the street, taking one lane. Right now, right now, right on this corner over here, there was a person with a little girl, renting it and going around. I am not -- and besides that, the corral -- you City of Miami Page 86 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 know, one thing that, Commissioner, you see, when you said, "a corral, a corral, " well, a corral is used to gather the animals and the cows. These people, they don't know what a corral is, because they have that marking on the sidewalk, and they are all over the place but in there, you see? I'm sorry, but I wish that I -- I don't want to have that in my conscience. Chair Hardemon: Any other discussion? Commissioner Diaz de la Portilla: Well, yeah. Do we have a second on the motion? Vice Chair Russell: Let me make a case to get a second. Commissioner Diaz de la Portilla: Okay, make -- well, is that allowed? Vice Chair Russell: Sure, you can have discussion. Chair Hardemon: No, I mean, the Chair will second for discussion if there needs to be discussion. Commissioner Diaz de la Portilla: Okay. So it's the Chair seconding. Vice Chair Russell: So if I could be recognized? Chair Hardemon: You are. Vice Chair Russell: Thank you, Mr. Chairman. So, Commissioner Reyes, I recognize your fear and your concern, and I will have to admit that the Administration and the scooter companies have not rolled out the education plan -- I won't even say "good enough"; I'll say, "at all." Right? There has been some classes. The corral doesn't work. We call it a hub. I don't like the word, "corral. " The hub doesn't work if people don't know about it or how to use it, and the scooter companies aren't incentivizing the users to do it, and the people don't know how they can get money back. So the idea in the RIP (Request for Proposals) is that the company with the most innovative idea, willing to invest the most -- meaning give money back to riders if they're willing to park in the right place -- those sorts of incentives will get you a higher score, and we'll start seeing the behavior we want. But I'm looking -- that we haven't seen it yet, and a good portion of that is because the videos, the bus shelter advertising campaign, none of the education has happened that I've asked for for the last six, eight months. Commissioner Reyes: Sir -- Vice Chair Russell: And so, people don't know that kids can't ride. People don't know that they're going to get fined. People don't know how to report had riding. People don't know that they can get an incentive for parking in the right place. And that is -- we're -- I'm very thankful we haven't had major, major injury or a fatality. Commissioner Reyes: Yes. Vice Chair Russell: And we really need to do a better job of this education campaign, or you're absolutely right; it should go away. Commissioner Reyes: This is -- you know, and I really admire you, because it's your item, and you have stuck with it. They had promised you the world, because I have seen them come here. They promise you that not a single minor is going to City of Miami Page 87 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 ride it; that there will be no scooter -- I mean, laying around. It doesn't happen. You see them in the middle of the street. You see them anyplace. You see, most of the people, most of the riders, see, particularly here in Coconut Grove, and I would say also by Bayside and all of that, they are tourists or people -- or they are young kids that they're riding around. They are not taking -- I mean, riding it because they're going to go to Metrorail and go to work That first and second mile and the last mile doesn't work, because they don't use it like that. I wish that they would respect the law. I wish that they would be useful. I wish that we have a lane for them. But when they are -- I have a bunch of friends that they live in Brickell, and they are pleading to me, "Manolo, let's get rid of this. " The other day -- I mean, there is -- they -- Luis Mata, for example, he's been in the street with his wife, and the carriage with the little boy, and he had to -- I mean, almost -- they almost ran into the carriage. And it's not only that they do that; then they insult you, because you are in the middle of the street. "You should get away. " You see, those are the things that -- they have promised you the world, and you have stuck with them. And you are a very consistent person, and I know that you mean well. No, really, really, I'm not trying to pull your leg. I know that you really hope that this work; you really do, because you think that it could benefit. But I -- my opposition to it, it is the fragility of our population, particularly in my district, of old people, and these people going on the sidewalk at 15 miles an hour. If they collide with one -- with an elder, they're going to kill them. You see? Or that person will go to a hospital. The other day, in Channel 23, there was a report of a girl that she fell, and she spent out -- I don't know how much time in a hospital. She had head injury and all of that. And the mother came out, pleading, "Please take this away, " you see? I mean, accidents happen, and I don't have it in my conscience. I don't want it. I don't want to have it in my conscience that a person suffers major, major injuries or die, and I voted in favor. I can't. I can't, sir. As much as I want to help you, I can't. Chair Hardemon: You're recognized, Commissioner. Commissioner Diaz de la Portilla: I have a question of the new sitting City Manager now for the afternoon. We have a -- welcome. Welcome aboard. Be careful what you ask for. Are you ready? So we have nine vendors right now that are operating scooters in the City of Miami in District 2? Fernando Casamayor (Chief Financial Officer/Assistant City Manager): That is correct, sir. Commissioner Diaz de la Portilla: And they pay $50, 000 each? Mr. Casamayor: Yes, sir; that's the application fee. Commissioner Diaz de la Portilla: That's the application fee. Mr. Casamayor: Plus a dollar a day. Commissioner Diaz de la Portilla: Plus a dollar a day. Mr. Casamayor: Yes, sir. Commissioner Diaz de la Portilla: Where are we with the RFP? I know you have a preliminary RFP. I would like to get an update on that to see exactly how quickly we're moving. Annie Perez (Director, Procurement): Sure. City of Miami Page 88 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: If you don't mind, Mr. Chair, just to have an idea. Ms. Perez: Good afternoon. Annie Perez, Director of Procurement. So in the REP, one of the things we're doing is we're limiting it to four companies, so we're reducing the amount of companies from nine or 10, or whatever we would have, to four. We -- also in terms of revenue -- Commissioner Diaz de la Portilla: And what does that do? Ms. Perez: That's -- well, right now -- how many scooters do we have on the street? Commissioner Diaz de la Portilla: Nine; nine companies. Ms. Perez: 30 -- we have 3,900 scooters on the street. Commissioner Diaz de la Portilla: Okay. Ms. Perez: We're also capping the amount of scooters to 2,499. So four companies; 2,499 divided by four companies. Commissioner Diaz de la Portilla: Right. So it's more scooters on the street. Right? Ms. Perez: No. We have more scooters now on the street. Commissioner Diaz de la Portilla: No. The math doesn't add up. Ms. Perez: So it'll reduce it. Commissioner Diaz de la Portilla: Let's do the math again. Ms. Perez: We have about -- Mr. Casamayor: Sir, we have 3,957 scooters right now. Ms. Perez: Yes, nine companies. Mr. Casamayor: And that's the total. So this is the wording in it of 2,499. Commissioner Diaz de la Portilla: Total; not per company? Ms. Perez: Total. Mr. Casamayor: Total. They would have to divvy it up amongst -- Commissioner Diaz de la Portilla: Total. I understood per company. Sorry. Ms. Perez: Oh, no, no, no; total. So then divide it by four companies. Commissioner Diaz de la Portilla: Okay. Ms. Perez: Which is about 833 scooters per company. Commissioner Diaz de la Portilla: What's the reason to bring it down to four companies? (UNINTELLIGIBLE) competitive? City of Miami Page 89 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Perez: Well, yes. It'll be -- well, since this is going to be a revenue -generating contract, the less number of firms, they're going to compete more to give us more money, so that was one of the things. And also, I think we didn't want to -- I'll speak on behalf of the Public Works Director, but we didn't want to have that many companies to be overseen with all the issues of safety and things like that, so we wanted to be able to control that a little more. Commissioner Diaz de la Portilla: Okay. Continue, and then I'm going to ask you about what safety measures you put, because that's a concern that I have, also. Ms. Perez: Sure. So -- Commissioner Diaz de la Portilla: So what do you imagine our Clerk --? Ms. Perez: -- in the evaluation portion of the RIP, we're giving 30 points out of a hundred to safety. So -- and like Commissioner -- Vice Chair Russell was stating, we're looking for firms that will basically give us a plan. And another thing that the RFP has, for example, if anybody under the age of 18 is caught riding on the scooter, we will be charging the company, the scooter company $100 and -- Commissioner Diaz de la Portilla: A hundred? Ms. Perez: $100. And then the other thing that we did was, because the scooters are -- sometimes the numbers on the scooters are very hard to identify, especially because they're going so fast -- we're requiring the numbers -- the numbering of the scooter to be at least three inches per number so that, you know, it's more visible, so we can -- and then the other thing we're adding is that they can report any infractions to 311, the County's 311 system. We also have the MPA (Miami Parking Authority) as a partner that will basically -- if there's any infractions or things like that, they can impound the scooter. They'll be charging the company $25, and then $5 per day, up to 30 days. After 30 days, if they haven't picked up the scooter, we have the option to sell it. So -- Commissioner Diaz de la Portilla: So you have --you impound it up to 30 days and you store it for them, and then -- Ms. Perez: Right. And we can charge them, also, for the storage fees. Commissioner Diaz de la Portilla: Okay. Ms. Perez: So in terms of safety, the $100 fine for riders that are under 18. We also have a whole education campaign that the riders will have to basically do before they can sign up to be a rider. Let me see what else. Vice Chair Russell: May I ask you a question about the hundred dollar -- Ms. Perez: Uh-huh. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: Commissioner I didn't want to interrupt him, but I wanted a clarification, because it's not as I understood it, honestly. Commissioner Diaz de la Portilla: Okay, that's fine. City of Miami Page 90 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: The intention of the $1 00fine was to be passed to the user who was violating their account; not just the company, because these big companies can afford that, and they'd be happier to have tons of kids riding and pay these $100 fines. I really want parents to understand even as a deterrent that they could be hit with a $100 fine, or lose their account if they're allowing their child to ride under their registration. Is that part of it; that it's passed through? Ms. Perez: Yes -- Vice Chair Russell: Okay. Ms. Perez: -- because it'll be easier for us to charge the company -- or to fine the company the $100 than for us to be dealing directly with, you know, riders. Vice Chair Russell: Okay. They will charge the parents? Ms. Perez: Yes. Commissioner Diaz de la Portilla: So now what you said, it's not the company. I'm sorry, let me -- Ms. Perez: It's -- no. We fine the company the $100, and the company in turn will fine the rider or whoever signed up to be the account holder. Commissioner Diaz de la Portilla: So the company doesn't pay anything. Okay. Ms. Perez: The idea was, again, like the Commissioner said, to pass it on to the -- Commissioner Diaz de la Portilla: Well, you could fine them both. Ms. Perez: --parents. We could. This is a -- Commissioner Diaz de la Portilla: I'm sorry; we'll continue with the RFPs, the safety measures. Ms. Perez: Yes. And again, this is just a draft. It's -- you know, we can obviously make any changes to it as the Commission wishes. Commissioner Diaz de la Portilla: Is that it? Ms. Perez: Yes. We do emphasize a focus on the companies coming up with an educational campaign to make sure about -- regarding safety -- to make sure that the public is educated as to the safety measures for riding a scooter, so. Commissioner Diaz de la Portilla: So -- if I may, Mr. Chair? Chair Hardemon: Please. Commissioner Diaz de la Portilla: So what's your timeframe -- so you have a draft of an RFP? Ms. Perez: Mm-hmm. Commissioner Diaz de la Portilla: What's your thinking? Waiting for the RFP to go out -- City of Miami Page 91 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Perez: The RIP goes out. Commissioner Diaz de la Portilla: -- see who applies, and how long? Ms. Perez: We're looking at about, Commissioner, six months. Commissioner Diaz de la Portilla: Okay. Ms. Perez: You know, and that's -- Commissioner Diaz de la Portilla: You'll do all that in six months? Ms. Perez: -- again, we can get a protest, so that can -- Commissioner Diaz de la Portilla: Bid protest. Ms. Perez: -- throw a monkey wrench. But if everything goes well, between five and six months. Commissioner Diaz de la Portilla: But you're likely to get a bid protest. Right? You know that, probably. Ms. Perez: I can't -- Commissioner Diaz de la Portilla: Yeah, you can't predict it. Ms. Perez: --determine those things. Sometimes I think they are, and they don't. Commissioner Diaz de la Portilla: Okay. Well, thank you. Ms. Perez: You're welcome. Commissioner Diaz de la Portilla: I have a suggestion for the -- are you the sponsor? I have a suggestion. I will -- I'm very concerned, as Commissioner Reyes is, about safety. I haven't heard any real -- you know -- ground -breaking safety measures in what you've described to me. I don't know if you're not briefed completely on the RIP, or do you -- didn't finish your presentation, but I want to see more safety concerns. I'm very concerned, like you are, Commissioner Reyes. I don't want to kill the project, the program yet, and I think that some of those great ideas that you mentioned, the RIP should maybe apply to the continuing pilot program where we decide to extend this, the Commission decides to extend. I don't want to take it for six months, Commissioner. I'm looking at three months. I'm also looking at perhaps instituting that fine immediately on both the vendor and the parent, so -- and much more than $100, because $100 is not going to deter any vendor, or maybe not parents, especially in your district, because you live in a very, very well-off district. So I would like a higher penalty applied to the pilot program. And I also want the -- how much do they pay now; 50, 000? I would like another $50, 000 per vendor to continue participating in the project. So that's -- let's generate some revenue for the City as we continue this pilot program. Let's make it 100, 000 per vendor of the nine vendors, and let's institute some penalties, some high fines that are really deterrent to children and misuse. And with that, I can probably support a three-month extension for now, and then we'll take it from there. I would like to sit down with you and review the RIP, and as quickly as we can. It really has to have a lot of those safety concerns that Commissioner Reyes spoke about addressed. I don't want it based on ridership. That's an incentive for more people to violate. I want it based on performance, and I want it based on past performance, because past performance is a great indicator of what's going to City of Miami Page 92 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 happen in the future. But I think for now, it's very -- half of what you wanted. Three months I can support, with those caveats that I've mentioned. Vice Chair Russell: Mover accepts. Commissioner Diaz de la Portilla: The mover accepts it. Chair Hardemon: The mover accepts. Victoria Mendez (City Attorney): Commissioner, may I ask a question? Commissioner Diaz de la Portilla: Yes. Ms. Mendez: I just wanted to make sure that the extra 50, 000 is going to go out in the RFP; not at present. Commissioner Diaz de la Portilla: No. It goes out now. Chair Hardemon: For the extension. Ms. Mendez: You want it now? Commissioner Diaz de la Portilla: Yeah. Chair Hardemon: For the extension. Commissioner Diaz de la Portilla: Every vendor, every one of the nine vendors has to pay 50k now -- Ms. Mendez: Okay. Commissioner Diaz de la Portilla: --for the three-month extension, additional. Ms. Mendez: I believe we put 50, 000 in the ordinance, so I think we would need to recodify that ordinance. I was just double-checking that. Commissioner Diaz de la Portilla: Whatever you say, we will do. Ms. Mendez: Because right now, we only have a resolution here for the extension, and that was approved by the ordinance. We could definitely put it out in the RFP, but I'm just -- Commissioner Diaz de la Portilla: No. I want to put it now, Madam Attorney. Ms. Mendez: Right. But we would need -- Commissioner Diaz de la Portilla: So whatever the methodology is to do, whatever method we need to use, and I want a $250 fine -- Ms. Mendez: Okay. So -- Commissioner Diaz de la Portilla: -- both to the vendor and $250 fine for the parent. Ms. Mendez: -- I am going to double check -- Commissioner Diaz de la Portilla: So with -- City of Miami Page 93 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Mendez: -- but I believe we would have to bring the ordinance back for two readings in order to change the application. Commissioner Diaz de la Portilla: Okay. You can't amend this? You can't amend this one? Ms. Mendez: A resolution can't really amend an ordinance, because I believe at the present time, the ordinance states -- and that's what I'm double-checking right now Commissioner Diaz de la Portilla: Can a resolution add additional dollars from -- ? Why not? From -- Ms. Mendez: It can't. Commissioner Diaz de la Portilla: Are you sure? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Okay. You're not researching that; you have an answer. Chair Hardemon: The -- I'm going to call on Commissioner Reyes, then Vice Chairman, then I'll recognize you. Commissioner Reyes: It is -- I, as anybody else -- I mean, I think more than anybody else -- I tried all the time to get revenues for the City of Miami, and as a matter of fact, I was always asking for efficiency in our departments in order to save money. But life safety issues, I mean, take precedent to any money that we are going to receive. I have a report here that said that they are surveying 39, 000 scooter riders nationwide, who went to the emergency rooms with injuries in 2018. I'm talking about 2018. It says that more than a third had head injuries. I have pictures here of people, of girls, and young people on -- in the hospital. And more and more information about how many people have been hurt, and particularly, particularly, the most dangerous injury is head injuries. Of 39, 000, more than a third had head injuries. You see, my problem with this is not that I -- I mean, besides being a nuisance, that they leave it on the sidewalks; that they try to take over the sidewalks; that they don't respect any laws, and they'll -- most of the riders are young teenagers. If I were a teenager, I'd be running around in one of them, you see, but that's a long, long time ago. But my main concern is that I don't want to have in my conscience that one kid or one person is hurt and has head injuries that would cause that person death or that person will be impaired for the rest of their life. Not with my vote. Not with my vote. I mean, we have now some real scooter -- electric scooter type, like Vespa, they go on the street, you see? They have to respect the traffic laws. These people, they don't respect any traffic laws. They're not supposed to be on the street, and they are on the street. They are supposed to leave -- I mean, give way to pedestrians in the sidewalks, and they don't, you see? And that's my only thing. I have nothing against the scooter people, the businesses, but I don't want that on my conscience, and anyone, anybody that wants to review this, you are welcome to it. These are publications that -- national publications that shows how dangerous these things are. So, I mean, I don't care if they give us $1 million. I won't vote for it. That's it. And I am only one vote, and that's it. I just want -- make my point clear and for the record that the reason I don't vote for it is because I want to go to sleep with my conscience clear. Vice Chair Russell: Thank you, Mr. Chairman. City of Miami Page 94 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: The Vice Chairman and then Commissioner Diaz de la Portilla. Vice Chair Russell: When we've extended in the past, we did recharge the licensing fee, and I think in the first iteration of an extension, we did a 50, 000 for the six- month extension for each company. Was that done by ordinance or by resolution? Because my recollection -- I know we've done a couple of extensions now, and we've done a few times where we've charged additionally. So wasn't that done by resolution, or by -- simply administratively? Ms. Mendez: No. It was done by the ordinance, because, remember, you had a pilot. I believe it was a pilot by reso. Vice Chair Russell: Mm-hmm. Ms. Mendez: Then we codified the ordinance. Vice Chair Russell: But don't we have --? Ms. Mendez: And when that ordinance went into effect, that's when we recharged, because we did the $50, 000 at that time. Vice Chair Russell: Correct. Do we have the power administratively to charge additionally? Ms. Mendez: No, because now that the ordinance is in effect -- with the ordinance in effect, unfortunately, it only states $50, 000. So we would have to -- if we are going to charge it going forward, we need to recodify it. Vice Chair Russell: Can we get a first and second reading at the next meeting and the following meeting? Ms. Mendez: We could do it for the 27th. Commissioner Diaz de la Portilla: I'm not here the 27th, so that's on -- Ms. Mendez: For first read -- Commissioner Diaz de la Portilla: -- it would have to be the next meeting after that one, and then the second reading in the meeting after that one. Ms. Mendez: Okay. We could do both -- Commissioner Carollo: You're not going to be here? Commissioner Diaz de la Portilla: No, I'm not going to be here on the 27th. Commissioner Carollo: Well, maybe we should look at changing the meeting date so everybody could be here. Chair Hardemon: Because of one person not being here? Commissioner Diaz de la Portilla: Well, it's -- I'm just not one person. Chair Hardemon: You are one person. Commissioner Diaz de la Portilla: If I were special, Commissioner -- City of Miami Page 95 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: You are special; specially one person. Commissioner Carollo: But a very smart person. Chair Hardemon: That is true. Commissioner Diaz de la Portilla: Thank you, Commissioner. Vice Chair Russell: So then, just to finish up my question -- Commissioner Carollo: And certainly smarter than me, so. Chair Hardemon: I hear you. Commissioner Diaz de la Portilla: Well, that's what I read in the -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: -- one of those blogs. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: I don't remember the name. Commissioner Carollo: Seven -time convicted felon. Commissioner Diaz de la Portilla: Oh, that's the one. Commissioner Carollo: Yeah, yeah, yeah. But I agree. Vice Chair Russell: Mr. Chairman, then my recommendation would be to put on the books when available the ordinance change, allow for an extension at this point, and then when the ordinance comes, retroactively charge them for the additional time that they've gained through the resolution. Would that work? Commissioner Diaz de la Portilla: Well, it would be for the first meeting after the February 27 meeting, then the next meeting. Right? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: For the extension that we would do today would be only for -- to cover that month and a half. Vice Chair Russell: That's fine, too. Commissioner Diaz de la Portilla: Right? Till we get through that process. And then we add the 250 fine for the company, 250 fine for the parent, plus 50k more for us, for the City. Vice Chair Russell: That makes sense. Ms. Mendez: And we would do that first reading in March and second reading in the second meeting in March. Commissioner Diaz de la Portilla: Yeah, that's fine. And I would move then to extend until --for a month. Right? Or -- I'm sorry --for a month -- six weeks? City of Miami Page 96 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: Well, we need to get to second reading. We need to -- Commissioner Diaz de la Portilla: Well, will six weeks get us there? If it's -- when's the second meeting in March? Todd B. Hannon (City Clerk): March 26. Commissioner Diaz de la Portilla: March 26 So six weeks does not get us there; barely. We're a couple days short. Right? So for two months. We'll extend it for two months and make sure we get it right. We'll extend it to make sure we --that's what I would ask of the sponsor. Vice Chair Russell: Mover accepts. Commissioner Diaz de la Portilla: The sponsor has accepted it. Chair Hardemon: The seconder, as well. Vice Chair Russell: I have a question. Commissioner Carollo: Chair, before I forget -- we have a habit of forgetting some things, I guess. The first meeting in March is what date; the 12th? Mr. Hannon: Yes, sir; March 12. Commissioner Carollo: Good date. Maybe we could bring the 27th meeting to the 5th. Commissioner Reyes: Why? What? Commissioner Carollo: The February 27 meeting, we could have it in the 5th then Commissioner Reyes: Why? Commissioner Carollo: -- of March. He's not going to be here, and we should have everybody here for the meeting. Commissioner Reyes: We -- everybody will be hereon -- Commissioner Carollo: Or have it on the 26th if you all don't mind, on Wednesday, and there's no problem with that. Or since -- Commissioner Diaz de la Portilla: I'm gone from the 25th to the 29th. Commissioner Carollo: 25th to 29th. Okay. Commissioner Diaz de la Portilla: The 26th to 29th, I think. Commissioner Carollo: Okay. Maybe you'll invite me to one of these, so we could bond. Mayor Francis Suarez: Do you want to come? I don't know if I can get them to pay for your ticket, too. Yours is coming. Commissioner Diaz de la Portilla: I would really -- City of Miami Page 97 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: I will tell you -- Commissioner Diaz de la Portilla: -- like to be here. Commissioner Carollo: No. Commissioner Reyes: Where are you going now? Commissioner Diaz de la Portilla: I really enjoy these meetings so -- (MULTIPLE PARTIES SPEAKING IN UNISON). Commissioner Reyes: Can we -- do you know where you're going? Mayor Suarez: We would have to notice it, because we'd have to bring the press with us, and travel internationally. Commissioner Reyes: Are you going to be traveling, too, Mr. Mayor? Mayor Suarez: What's that? Commissioner Reyes: Are -- you'll be traveling, too? Mayor Suarez: Yes, sir. Commissioner Reyes: Oh, both of you are going to travel together? Mayor Suarez: Yes, sir. Commissioner Diaz de la Portilla: We're going to travel together. Mayor Suarez: Yes, sir. Commissioner Reyes: Oh. I just wanted to know. Mayor Suarez: We can do that. Commissioner Diaz de la Portilla: Yeah, we can do it. Mayor Suarez: It's not a violation of the sunshine law. Commissioner Reyes: Listen, I don't care if you hold hands and you go all the -- Commissioner Diaz de la Portilla: No, we don't hold hands, but we'll travel together. Commissioner Reyes: You could go to the toilet, I don't care. I just wanted to know. Mayor Suarez: I would only hold hands if you traveled with me, Commissioner. That's the only one I would hold hands with. Commissioner Reyes: Well, we -- listen, listen, you might learn. Commissioner Diaz de la Portilla: You like them older. Mayor Suarez: Listen, I think we're getting close to the line here, folks. City of Miami Page 98 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: The only thing I'll say to you is be careful with those scooters where you're going. Commissioner Reyes: That's right. Commissioner Carollo: They're pretty wild over there. I was there recently. They're -- Mayor Suarez: Gotcha. Thank you for the advice. Commissioner Diaz de la Portilla: They have no speed limit. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: But I think that's a different conversation. Let's just get this done and then I agree with you, maybe we can reschedule that meeting. Commissioner Carollo: Yeah, we need to reschedule it, and if we could do it in February, still. If you're leaving on the 25th, maybe we could do it sometime before the 25th. Commissioner Diaz de la Portilla: We can or we can do it right after. Commissioner Carollo: I'd prefer earlier. This way, we have it all done. Commissioner Diaz de la Portilla: There's a noticing requirement, right? So that would be next week. Commissioner Carollo: They'll have plenty of time -- Commissioner Reyes: Wait, wait, wait. Commissioner Carollo: -- if we do it towards the end of next week, beginning of the week. Commissioner Diaz de la Portilla: Another Friday meeting. Oh, Commissioner Reyes loves those Friday meetings. Commissioner Reyes: No, wait a minute. Wait, wait, wait, are you moving it -- did you say March 27? Commissioner Diaz de la Portilla: No. Commissioner Carollo: No, no; February 21 st. Commissioner Diaz de la Portilla: We're moving it up. Commissioner Reyes: Okay, because March 27, if you move it -- I mean, March 27, I won't be here, you see. I'm going to go on a vacation. Commissioner Carollo: How about the 21 st; does that work? Commissioner Diaz de la Portilla: On a Friday? Chair Hardemon: Mr. Vice Chairman. City of Miami Page 99 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: Thank you. My question wasn't about scheduling; it was about the RFP. Commissioner Carollo: Yeah, but I'm warming -- Vice Chair Russell: If you want to deal with the scheduling first, we can do that. Commissioner Carollo: --up to you, Ken. Mayor Suarez: Can we do --? Commissioner Carollo: The 21 st -- on the item, I'm saying. Mayor Suarez: What about Monday, the 24th? Commissioner Carollo: That'll work, too. Mayor Suarez: Monday, the 24th? Commissioner Carollo: Yeah. Mayor Suarez: Okay, okay. Thank you. Vice Chair Russell: I'm sorry, we're moving -- Mayor Suarez: Monday, the -- Commissioner Diaz de la Portilla: Does that work? I don't know -- Mayor Suarez: Yeah, that works for me. Commissioner Diaz de la Portilla: -- okay. No, if that works for you, it works for me, so I have no (UNINTELLIGIBLE) -- Mayor Suarez: I hope so. I hope so. Vice Chair Russell: Are we talking about the second meeting in February? Mayor Suarez: Come on. Hold hands? Really? Come on. Commissioner Diaz de la Portilla: The 24th -- Commissioner Carollo: I didn't say that. I didn't say that. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: What about hugging? Mayor Suarez: No, no hugging yet. Vice Chair Russell: There's a CRA (Community Redevelopment Agency) meeting that day. Ms. Mendez: So just to be clear, you are rescheduling the February 27 meeting -- Commissioner Diaz de la Portilla: To the 24th. City of Miami Page 100 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Mendez: -- to the 24th; February 24, under the provisions of -- Mr. Hannon: Section 2-32, Subsection "C. " The City Commission may, by resolution, designate a substitute day or time upon which regular City Commission meeting shall be held whenever, in the opinion of a majority of the members of the City Commission, there is good cause for such substitution. So it's not a special meeting; it's just a regular meeting, which the Code allows you by resolution to change to a different date and time. Mayor Suarez: On a different day. Makes sense. Makes sense. Vice Chair Russell: Do we need a motion? Mayor Suarez: Yeah. Vice Chair Russell: We're in the middle of a motion. Ms. Mendez: A resolution. Vice Chair Russell: Let's finish our motion. So my question on the RFP is about indemnification and data -sharing. Is the intent in the RFP to mirror what we've had in the pilot, or are there changes to indemnification and data -sharing that would take place? Ms. Perez: There are changes to the indemnification. For example, they would be indemnifying the City and the MPA. And we do have changes to the insurance, as well. Vice Chair Russell: Haven't they already been indemnifying the City and the WA? Ms. Perez: I'm not sure about the WA, but -- they were? They have? Vice Chair Russell: So then that's not a change. Okay. Ms. Perez: Okay. I'm sorry. Commissioner Reyes: Madam City Attorney -- Vice Chair Russell: And as far as data -sharing -- Commissioner Reyes: -- I have a question; have to do with changing. Does this affect the deadline, agenda deadline that you have to bring it? Ms. Mendez: You've gotten really good at this. Yes. We were going to talk about that after, but I know we're in the middle of another motion, but, yes. Commissioner Reyes: Because we have a requirement of the -- Commissioner Diaz de la Portilla: That's right. Commissioner Reyes: -- agenda deadline that we have to. Ms. Mendez: Yes. Vice Chair Russell: I think we're fine here. City of Miami Page 101 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: I think the 24th, we're fine. I think that's why the Mayor said, 24th. Mayor Suarez: Well, if the -- so the agenda would have to be printed tonight. Unidentified Speaker: Seven days. Commissioner Diaz de la Portilla: 10 days -- tonight. Mayor Suarez: Tonight. The thing would be that, obviously, every Commissioner would have the five-day rule capability. If something were put on the agenda past the print date, any Commissioner could automatically defer that item if they didn't feel comfortable with the amount of time that they had to -- Commissioner Carollo: Or what we could do is, for this time only, we could vote to extend that -- Commissioner Diaz de la Portilla: And weigh that. Commissioner Carollo: -- let's say, until the end of tomorrow at S. Mayor Suarez: That's fine, too. Commissioner Carollo: So that gives us one extra day. Mayor Suarez: Waiving the five-day rule for that. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: No; waiving the printing -- Mayor Suarez: We can afford that. Commissioner Carollo: Yeah, printing the agenda. Commissioner Diaz de la Portilla: -- a day late. Mayor Suarez: Well, I think the issue with the printing is to comply with the five- day rule. Commissioner Diaz de la Portilla: Right. Mayor Suarez: In other words, to comply with the five-day rule, they print the agenda a certain date. So you can waive the five-day rule, or you can just -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mayor Suarez: -- enact the five-day rule if you feel that something is on the agenda beyond that period. Commissioner Reyes: The five-day rule will be waived for this meeting only. Mayor Suarez: Correct. Commissioner Reyes: I mean, that's not -- City of Miami Page 102 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: You can waive it for one meeting, exactly, if you want to. You don't have to, either -- Commissioner Carollo: Yeah, we -- Mayor Suarez: -- because if it's printed today, it will comply with the five-day rule. Commissioner Carollo: Sir, if we wait just one day until the end of tomorrow at S - Mayor Suarez: As long as it complies with the five-day rule is the question. Commissioner Carollo: We could waive that if need be, and it's -- Chair Hardemon: I couldn't imagine how we could waive the five-day rule, because then you'll be waiving an individual Commissioner's right to five -day -rule something. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mayor Suarez: So can I just take a step back, Mr. Chair? Commissioner Carollo: Let me -- Mayor Suarez: So to comply with the five-day rule -- right? -- which is a notice requirement, essentially, for the Commissioners to get information in anticipation of a meeting, the agenda would have to be printed tonight. Okay? If anything is put on the agenda within that -- beyond tonight, something -- a substitution, Commissioner, a Mayor or anybody who wants to put something on, it is -- it would then be five-day-ruleable. All that means is that it would have to go to the next meeting. It can be invoked by any one Commissioner. That's it. So I don't -- I mean, I don't think it's a big deal if we print tonight. Commissioner Carollo: But Madam -- Chair Hardemon: The only thing that I'm -- we've adjusted our meetings before; that's not a big deal. We've also done it -- but there was always some pressing reason why we had to do it. And we've had meetings where one Commissioner wasn't present or two Commissioners were not present, we had a quorum, et cetera. So -- don't worry about it. Mayor Suarez: Listen, you can move it to the 24th. You can print tonight, and if something happens within that five-day rule, you can defer it with invoking thefive- day rule, or -- listen -- Chair Hardemon: Is this -- Commissioner Carollo: Wait, wait, wait Chair Hardemon: -- to have this item on this agenda, 20 -- the item that we're discussing now, is that on the agenda? Mayor Suarez: It's got nothing to do with this item. I'm sorry. We got sidetracked. It's got nothing to do with this item. This has to do with rescheduling a Commission meeting from the 27th to the 24th -- Commissioner Carollo: Yeah City of Miami Page 103 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: -- and what ramifications or repercussions there are from that. Chair Hardemon: Got it. Commissioner Carollo: By waiving the five-day rule by one day until tomorrow at S, there's no harm done. We all know that. Mayor Suarez: I have no issue with it. I'm just -- I have no issue with it. I just don't know what the mechanics of that are. Commissioner Carollo: Well, it gives everybody one day -- Mayor Suarez: Making it a four -- it's actually a four -day rule. Commissioner Carollo: -- to put whatever they want, so they could print it. Mayor Suarez: In other words, it's a four -day rule instead of a five-day rule. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Yeah. Mayor Suarez: I don't know if that's doable under the Code. I don't know. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. It's -- I just wanted to dispense with the item on the floor, so we can deal with that item. And I don't recall ifI got the answer to my last question about data sharing. Is there any change in the REP for data sharing? Michael Sarasti: Mike Sarasti, Director of Innovation Technology. No, sir, there's no -- we had already made an adjustment to some specifics about real time sharing. We're still requiring that the information is given to us in a mobility data standard. The standard itself is evolving, so as other cities collaborate on that standard, there will be, naturally, changes to the way that they're giving us information. But we are still requiring that they give us the same format that they've given us in the past. Vice Chair Russell: That's fine. In that case, the mover accepts the amendment to two months from six months, and happy to move the question. Commissioner Diaz de la Portilla: One more question. We have nine vendors now. When we started, how many did we have? Vice Chair Russell: It was six. Commissioner Diaz de la Portilla: So is there -- can they now -- can new vendors start appearing between now and then? Vice Chair Russell: If they bring SO grand. Commissioner Diaz de la Portilla: If they bring -- no; they bring a hundred; if they bring a hundred, because now it's a hundred. It was SO already, and SO more is a hundred. So the new vendors come in. Right? They would have to pay a hundred. Vice Chair Russell: They don't have to (UNINTELLIGIBLE). Chair Hardemon: Well, they pay an additional 50. City of Miami Page 104 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: No. A total would be a hundred for one vendor, and then the other vendor would have to pay a hundred, too; otherwise, it's not fair. One vendor would be doing 50, and these will be doing a hundred. Vice Chair Russell: These vendors all paid 50 to start. Commissioner Diaz de la Portilla: That's right; 50 more. Vice Chair Russell: And then 50 for the extension. Commissioner Diaz de la Portilla: That's a hundred. So if a new vendor comes in, they have to pay a hundred. Vice Chair Russell: But up to now, every vendor that's come in has paid 50 to get in, just as the originals did. Commissioner Diaz de la Portilla: I know, but I want to change that. Vice Chair Russell: Oh, well -- Commissioner Diaz de la Portilla: Every vendor that comes in, any new vendor that comes in has to pay a hundred. Chair Hardemon: Well, then, the next -- Vice Chair Russell: That would be in the ordinance. Unidentified Speaker: Commissioner, that would be in the ordinance. Commissioner Diaz de la Portilla: Yeah. The next -- the total would be a hundred for the existing vendors. Chair Hardemon: No, but my question is, so then for the next -- say, for instance, there's a next extension. Say, in two and a half, three months, they need another extension to keep it going, because they're not ready for the RFP yet, and the program can die. That next extension, would it be for 50, or would it be for 100? Commissioner Diaz de la Portilla: I don't know yet. We'll see when we get there. Chair Hardemon: Because what's happening is -- the reason, when you say "one hundred, " it's -- the thought is that that would not be fair to the new guy that comes on, because the new guy didn't have the benefit of the existing contract. So the existing contract, they paid 50 to get in, and now they're paying another 50 to continue it. And the new guy comes in, he says, "Well, this is my first time. Why do I need to pay 50 for the past?" Commissioner Diaz de la Portilla: So the solution is not to accept any new vendors and today nine is fine. Vice Chair Russell: That is not fair. Commissioner Diaz de la Portilla: You know, look, there's no new vendors; leave it at nine. Okay? No one else could play in the game, and the existing nine would have to pay 50 more. Right? Vice Chair Russell: That would be in the ordinance. Okay City of Miami Page 105 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Okay. So that would be in the ordinance that we're going to do that you're going to sponsor. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: Okay. And then we extend for two months as we move. Chair Hardemon: I'll recognize you, Mr. Zichella. Eric Zichella: Mr. Chair, thank you very much. Eric Zichella, 2100 Coral Way, on behalf of Spin, our clients. I would just respectfully suggest to you that the streets are very cluttered. There's a lot of scooters out there. I think you should consider capping the fleet sizes or freezing the fleet increases. There shouldn't be any further fleet increases, I mean, from our perspective, as Spin. You wanted to roll everybody back to 400 or 500, we wouldn't even care about that; not suggesting that you necessarily should do that. I'm not suggesting that there might be claims of fairness or whatever. But I just would suggest to you, absolutely, you should cap the fleet sizes, and there shouldn't be any more changes. Commissioner Diaz de la Portilla: Mr. Chairman, I would agree with that, because the REP actually brings down the number of scooters. So I think it's -- you know, in the spirit of that, that's a good idea; no more scooters. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Madam City Attorney and Mr. City Manager I understand that fleet size can be capped administratively for safety, for clutter, for -- these are not things that need to change in the ordinance. But I -- if I recall correctly in the original ordinance, we kept the ability to cancel the program at any time, to change the amount on the street at any time, and I just want to make sure we're legally within our bounds to cap the current number of scooters that are out there this month for each company. I would be open to that -- well, that wouldn't even be an amendment; it would just be a direction to Administration from this point on in the pilot program, no additional new numbers of scooters to any fleets. Yes? Unidentified Speaker: Yes, Commissioner. Commissioner Diaz de la Portilla: Okay. That's not part of the motion. Chair Hardemon: Yes, sir. You're recognized, sir. Javier Correoso: Javi Correoso, 80 Southwest 8th Street, representing Uber Technologies and JUMP. I think there's very serious safety concerns that have been brought up. Companies are still working with the City to address those. We have no issue with Mr. Zichella's recommendation to cap the current fleet sizes, as well, while we continue working with the City on a lot of these safety issues and enforcement issues. Thank you. Vice Chair Russell: Call the question. Chair Hardemon: Any further discussion? Seeing none, all in favor with the amended -- or modified resolution? City of Miami Page 106 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Hannon: Yes, sir. And I just want to make sure we're clear. There's only been one amendment to the resolution, and that's reducing from six to two, the extension period. Vice Chair Russell: Yes. Everything else is direction for a new ordinance that'll come in another meeting. Mr. Hannon: Understood. Thank you. Chair Hardemon: All in favor; say "aye." Commissioner Diaz de la Portilla: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: No. Commissioner Reyes: No. Chair Hardemon: Motion carries. Mr. Hannon: And that'll be 312, with Commissioner Carollo and Reyes voting "no. " Vice Chair Russell: Thank you. Commissioner Reyes: Okay. RE.6 RESOLUTION 6891 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE CITY OF MIAMI, FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE. 6, please see "Order of the Day. " City of Miami Page 107 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.7 RESOLUTION 6892 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS TO REMAIN AS STATED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE. 7, please see "Order of the Day. " RE.8 RESOLUTION 6991 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION and Mayor ESTABLISHING A MIAMI 21 REPORT AD HOC TASK FORCE ("TASK FORCE") TO WORK WITH THE CITY OF MIAMI'S ADMINISTRATION FOR RECOMMENDATIONS ON POSSIBLE CHANGES TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Withdraw RESULT: WITHDRAWN 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 RE. 8, please see "Order of the Day. " City of Miami Page 108 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.9 RESOLUTION 6998 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING and Mayor THE NOISE PROHIBITIONS FOR SUPER BOWL 2020 RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING SUPER BOWL 2020 OCCURRING FROM JANUARY 29, 2020 THROUGH FEBRUARY 2, 2020. MOTION TO: Withdraw RESULT: WITHDRAWN 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 RE. 9, please see "Order of the Day. " City of Miami Page 109 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.10 RESOLUTION 6902 MAY BE DEFERRED Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR and Mayor FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND ANA ELENA LEIGHTON ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1221 SOUTHWEST 14 STREET, MIAMI, FLORIDA 33145 ("PROPERTY') FOR A PURCHASE PRICE OF FOUR HUNDRED NINETY THOUSAND DOLLARS ($490,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT ("OCI") PROJECT NO. 40-Bl83415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY THOUSAND DOLLARS ($520,000.00) TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF APPRAISALS, SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Notes for the Record. Item RE.10 was continued to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item RE.10, please see "Order of the Day. " City of Miami Page 110 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.11 RESOLUTION 6990 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO NOT EXPEND ANY ART IN PUBLIC Commissioners PLACES FUNDS ALLOCATED AND PLANNED FOR SOUTH and Mayor SHENANDOAH AND SWANNANOA POCKET PARKS ("SS & S POCKET PARKS") UNTIL THERE HAS BEEN A DECISION BY THE RESIDENTS WHO PATRONIZE THE SS & S POCKET PARKS; FURTHER DIRECTING THAT THE ART IN PUBLIC PLACES FUNDS OF TWENTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($24,500.00) AS PREVIOUSLY ALLOCATED FOR THE SS & S POCKET PARKS BE MAINTAINED AND HELD UNTIL FURTHER NOTICE. ENACTMENT NUMBER: R-20-0041 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Commissioner Reyes, do you have a motion for RE.11 ? Commissioner Carollo: Look, I know you really want to bring me, too, but -- Commissioner Reyes: Yes, sir. You have a motion? Commissioner Carollo: -- even though I could probably take much better care of you in sneakers, but -- Chair Hardemon: It's properly moved, and seconded by the Chair. Any discussion on it? Seeing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: What was that? RE (resolution) --? Vice Chair Russell: IL Commissioner Carollo: Okay, hold on. You're forgetting 9. All right. He's having a good time now. I'll wait. That's how rude I am. City of Miami Page 111 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.12 RESOLUTION 6999 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING Commissioners THE NOISE PROHIBITIONS FOR MUSIC WEEK 2020 RELATED and Mayor EVENTS PURSUANT TO SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION", AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING MUSIC WEEK 2020 OCCURRING FROM MARCH 25, 2020 THROUGH MARCH 29, 2020. MOTION TO: Withdraw by Sponsor RESULT: WITHDRAWN BY SPONSOR Chair Hardemon: RE.12. Is there a motion to approve RE.12? Commissioner Reyes: I move it. Chair Hardemon: Been properly moved. Commissioner Carollo: This is the noise and alcohol waiver -- Commissioner Reyes: Yeah. Commissioner Carollo: --for Music Week in Wynwood. Chair Hardemon: Yes. Seconded by the Chair. Commissioner Carollo: I -- look, I got a problem in Wynwood with information that I received before this meeting. I -- can we have some time so that we could vote upon this later, towards the end of the meeting, so we could deal with Wynwood briefly? Let's go forward with it. Who made the motion? Was there a motion made? Chair Hardemon: Commissioner Reyes made the motion; I seconded it. Commissioner Reyes: I made the motion and it was seconded, and that -- Chair? Chair Hardemon: Yes. Commissioner Reyes: Is this the same item that we leave a person out and they will come back and try to get in? And are we leaving that person out again? That's why -- Madam City Attorney -- Chair Hardemon: There will still be -- Commissioner Reyes: -- can you explain that? Victoria Mendez (City Attorney): Yes. City of Miami Page 112 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: There will still be always a special request for someone to extend the alcohol sales to 7 o'clock a. m. Commissioner Reyes: Yes. Which -- Chair Hardemon: I personally don't think it's -- you know, I don't think -- they believe they have a right to it. I don't believe they have a right to it. Commissioner Reyes: Okay. I just want to make sure. Chair Hardemon: It comes, it passes many times, but -- Commissioner Reyes: It is your item, and I agree with you and then -- Ms. Mendez: Yeah. Commissioner Reyes: -- you think that -- Ms. Mendez: The new request -- Commissioner Reyes: -- they should be carved out, okay. Okay. Commissioner Carollo: All right. Right now, you're holding up the meeting. All right. Commissioner Reyes: What's the matter with you? Chair Hardemon: I'm not going to let you whisper in my ear without everyone hearing it, so if Fm wrong -- Commissioner Reyes: You know, you're wrong. Your mike was on. Do you know that? Chair Hardemon: You're saying that the Wynwood BID (Business Improvement District) does not wish to move forward with this resolution today. Commissioner Carollo: Okay. Well, then -- Chair Hardemon: Part of it is because -- well, we know this. Look, I'm not going to be any -- Part of the reason that we try to ensure that we have these events in the Wynwood area and some extension of hours during special event times is to compete against our neighbors. Vice Chair Russell: Right. Chair Hardemon: I want to get as much of the business in our Wynwood communities, our cultural communities as possible, and away from Miami Beach, because we're the City of Miami. Right? So we want them to spend their money here with us. And so, I think at the last Miami Beach Commission meeting, they limited the hours of alcohol sales on Miami Beach, so they're coming to us anyway. And then, on the river and other parts of our district -- well, not my district -- but -- Commissioner Carollo: Not mine. Not mine. Chair Hardemon: -- there's further entertainment that goes on for 24 hours -- Commissioner Reyes: Not mine, either. City of Miami Page 113 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: -- and a part that goes on in D2 (District 2) that brings in lots of tax revenue and lots of people who are willing to have fun. So with that being said, since I'm the sponsor of this one, may I withdraw this one, Mr. Clerk? Todd B. Hannon (City Clerk): Yes, sir; it is your prerogative to do so. Chair Hardemon: Well, I appreciate your acquiescence to that. Commissioner Reyes: I have to withdraw the motion? Then I'll do it. Chair Hardemon: There we go; it's withdrawn. RE.13 RESOLUTION 6923 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Office of the City PAYMENT TO THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF Attorney FIFTY ONE THOUSAND DOLLARS ($51,000.00) FROM HDR ENGINEERING, INC., AND DRC, INC., IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF CITY OF MIAMI V. HDR, ENGINEERING, INC., ET AL., CASE NO. 11-03622 CA 01 (27), PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE ("AGREEMENT"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-20-0042 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.13, HDR (Henningson, Durham and Richardson, Inc) debris cleanup. Vice Chair Russell: I'll move the item. Victoria Mendez (City Attorney): This is the settlement for HDR for 51, 000. Chair Hardemon: That's not the same thing. Yeah, we don't have this; no, that's a different -- well -- Ms. Mendez: They will be paying us -- Chair Hardemon: It's been properly moved by the Vice Chairman and seconded by the Chair. Ms. Mendez: -- 51, 000. I'm sorry I didn't say that. City of Miami Page 114 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Take them. Chair Hardemon: Any further discussion? Commissioner Reyes: No. Chair Hardemon: Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.14 RESOLUTION 7127 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL Attorney SETTLEMENT DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, 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 IN THE CASE STYLED WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-21670-CIV-SCOLA. ENACTMENT NUMBER: R-20-0048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Reyes NAYS: Russell, Carollo Note for the Record. A motion was made by Hce Chair Russell, seconded by Commissioner Carollo, to deny Item RE.14, which FAILED by the following vote: AYES: Vice Chair Russell and Commissioner Carollo; NOES: Chair Hardemon, Commissioner Diaz de la Portilla and Commissioner Reyes. Victoria Mendez (City Attorney): RE.14 is the settlement with West Flagler Associates. We have a shade meeting scheduled. If you feel you do not need the shade meeting -- Chair Hardemon: Is there a motion to approve RE.14? Ms. Mendez: -- if you feel you don't need the shade meeting, we could -- Vice Chair Russell: Which one? Chair Hardemon: It's been properly moved; RE.14. That's West Flagler Associates, Ltd. versus City of Miami. Do you want to have a shade meeting and then come back? City of Miami Page 115 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Well, you -- I think that everybody should go to the shade meeting and see why this is happening. Chair Hardemon: I thought that we all -- Commissioner Reyes: That's right. Chair Hardemon: -- got that individually. Vice Chair Russell: We got briefed individually, but the five of us have never conferred on this to strategize the case itself,- not only the legal side of it, the political side of it, everything, the financial exposure side of it, so -- Commissioner Reyes: You have a point. Vice Chair Russell: -- without a shade meeting, I would be voting "no. " Commissioner Reyes: You have a point. You have a point. I agree. I remove my -- let's have a shade meeting, and then we -- everybody will be pleased. Chair Hardemon: Typically, we handle our shade meetings at the end of the -- Commissioner Reyes: Well, one way or the other. Chair Hardemon: -- agenda, because it never affects anything on the agenda. Vice Chair Russell: Right. Commissioner Reyes: Yeah, I hear you. Chair Hardemon: So how would you like to handle this one? Would you like to take a break -- Vice Chair Russell: No. Chair Hardemon: -- to go to the shade meeting? Commissioner Reyes: Let's keep rolling. Chair Hardemon: Okay. Later... Chair Hardemon: Is there a motion regarding RE.14? Vice Chair Russell: I would move that we do not settle. Commissioner Carollo: Excuse me? Chair Hardemon: That's the motion. Was there a second, not to settle? Commissioner Carollo: I didn't hear it. Chair Hardemon: His motion was not to settle. Commissioner Carollo: That's the motion, not to settle? City of Miami Page 116 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: That is the motion. Commissioner Carollo: I will second that motion. Chair Hardemon: It's been properly moved and seconded not to settle. Any discussion? Commissioner Carollo: Yes. I wish that we could make the former Zoning Director pay for his mistakes between one after another after another -- if we could call them mistakes -- but -- Commissioner Diaz de la Portilla: Turn your microphone on, Commissioner. Chair Hardemon: Probably should. Commissioner Carollo: The person that put this City in this situation was the former Zoning Director that has made decisions and given opinions that, you know, there's just no logic to them. I'm not even going to get into the one that he made in my district. But he should be the one that should have been held responsible for this. I'm going to vote in the negative on this out of principle, because, first of all, I don't think the City should be in this situation because of one individual like this. This should teach us that we got to change our rules so that no one individual can make a decision behind closed doors that's not made up here in a transparent way by the Commission as a whole. So based on that, I will be voting "no. " Chair Hardemon: Okay. Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I'm going to vote against the motion. I'm going to be voting 'yes. " I think some of the evidence that we heard which will be made public -- right? -- down the line. I didn't like -- and you're right. Mr. Cejas was very, very responsible for a lot of the things that happened but that's not the reason why we should cost the City of Miami more money. Again, I'm here -- I'm in the business of saving the City dollars and getting dollars for the City, not costing them money. So I'm going to vote against Commissioner Russell's motion. Commissioner Reyes: I agree with Commissioner Diaz de la Portilla. The problem is that there's more than one culprit here. There's more -- it's not only Cejas. There is more than one culprit. We shouldn't be in this predicament and this should have been handled differently. And also that I voted against the casino, but -- and against the Jai -Alai but hearing what is going on and all the proof that they have, I don't want to get the City in a deeper hole than what it is now. This is -- this could be very, very, very costly. And I think that -- I don't know but my suspicion is that more things are going to keep on coming out. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I believe we wrote a good ordinance. I believe our timing was good. I do not believe there was any personal targeting of a single business. I think it's our job to fight for our residents. And when anything heavily impactful like gaming is coming to a residential neighborhood or being applied for if we legally can create a path for them that has a -- that brings our residents to the table that has a high enough threshold that they go through a process that makes sure that if it's coming to a neighborhood that we mitigate those effects, it's not saying this is a ban on gambling. It's not saying we're against gambling as a principle, and it's not saying we're targeting one company. We are creating a process which will be good from here in perpetuity for our entire City, and I do believe we brought it at a time that it was sufficiently before they had City of Miami Page 117 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 any vested rights to the card room that we are creating a path for. So they could simply apply under the process, and if the votes are there, and the community is supportive, and they get everything they need and all their cards straight, they get a positive vote. But -- Commissioner Reyes: We're not talking about the cardroom. Vice Chair Russell: -- so -- if I could, please. So I don't believe we're in the wrong and I don't believe we were in the wrong then. So I believe it's too early to fold our cards. Commissioner Reyes: From what I heard, sir, I -- my opinion is we do it now and a judge is going to tell us to do it later. That's what I believe. And then we're going to incur a lot of money, and it could be worse. That's what --from what I heard. Chair Hardemon: Any further discussion? Commissioner Diaz de la Portilla: To further the analogy, you've got to know when to hold them and you've got to know when to fold them. Commissioner Reyes: That's right Commissioner Diaz de la Portilla: And I think the evidence that was presented to us about what happened during discovery that a lot of this was really driven by one individual and one law firm, not by residents. Commissioner Reyes: Yes Commissioner Diaz de la Portilla: I think, Commissioner, that's very troubling to me. You made an argument that this is resident driven, but what was told to us a little while ago is it was really law firm driven, one law firm who was hired by one individual, and I don't think that should be the case. You should not let one individual or one law firm determine what happens in a community. I think you have to know when to fold them. And I think that Flagstone should have been a lesson to all of us that we're not going to win this case. Let's just move on. We did, in fact, change -- move the goal post on them after they had gone through the property. They have a right to have a jai -alai fronton there. We imposed a four -fifth vote, which is beyond the three -fifths that the state requires. And I think it's an unfair process. They were perhaps targeted by this Commission. I wasn't here, but they were perhaps targeted by this Commission and I think that we need to just move on. Chair Hardemon: Seeing no further discussion, all in favor of the motion that was made by the Vice Chairman, say "aye. " Vice Chair Russell: Aye. Commissioner Carollo: Aye. Chair Hardemon: All against? Vice Chair Russell: Oh, do we need public comment? Todd B. Hannon (City Clerk): No, sir. But I just need to make sure I get the vote clear. Chair Hardemon: So I'll make sure. Let me -- so everyone understands. The motion that has been made is for this Commission not to settle the lawsuit, West Flagler City of Miami Page 118 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Associates, Limited versus the City of Miami. So at this time, I'll take a roll call vote to make sure that the vote is clear for the record. Mr. Hannon: Thank you, Chair. Roll call vote on RE.14. Commissioner Reyes? Commissioner Reyes: No. Mr. Hannon: I'm sorry, sir? Commissioner Diaz de la Portilla: On the motion -- Commissioner Reyes: On the motion. Commissioner Diaz de la Portilla: -- to deny. Mr. Hannon: Yes, on the motion to deny. Commissioner Reyes: The motion to deny. Mr. Hannon: You're for? Commissioner Reyes: No. I'm -- Mr. Hannon: You're against? Commissioner Reyes: --against denying. Mr. Hannon: Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: No. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Russell? Vice Chair Russell: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: Against. Mr. Hannon: The motion fails 2-3. Chair Hardemon: Is there any other -- Commissioner Diaz de la Portilla: I move that we accept the settlement. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Reyes: I second. Chair Hardemon: Seconded by Commissioner Reyes. Any discussion about this? Seeing none, all in favor of the motion to accept the settlement, say "aye. " The Commission (Collectively): Aye. City of Miami Page 119 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Nay. Chair Hardemon: Sir, we had public comment. Commissioner Diaz de la Portilla: No. Edward Martos: If I may. For the record, Edward Martos, offices at 25 -- Chair Hardemon: I'm sorry. We're in the middle of the vote. All in favor of the motion, say "aye. " Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: Aye. Chair Hardemon: All against? Commissioner Carollo: Nay. Vice Chair Russell: No. Chair Hardemon: Motion passes. Mr. Hannon: And that is Commissioner Carollo and Commissioner Russell as voting no. Motion passes, 3-2. Chair Hardemon: Okay. There are some other items -- some discussion items that are still left; Discussion items 6 through 12. Commissioner Carollo: Trolleys. Mr. Martos: Commissioner, (INAUDIBLE) place an objection on the record. Chair Hardemon: This is not a place for objections. Mr. Martos: Okay. I just want to state for the record (INAUDIBLE) -- Chair Hardemon: Please don't make -- Victoria Mendez (City Attorney): Mr. Martos, there was time for public comment -- Chair Hardemon: The opportunity for the public comment -- Ms. Mendez: -- earlier in the day. I'm sorry. Mr. Martos: (INAUDIBLE). Ms. Mendez: You had -- no, no. The way it works is that there was public comment at the morning when the Chair said it. If you wanted to say something, you should have said something at that time. The opportunity to have been heard was given. So I'm sorry and we'll disagree on that. Mr. Martos: (INAUDIBLE). Ms. Mendez: Okay, so thank you. Mr. Martos: (INAUDIBLE). City of Miami Page 120 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Later... Chair Hardemon: Are all hearts and minds clear? Vice Chair Russell: One question. Chair Hardemon: Okay. Vice Chair Russell: Just legally, I'd just like the City Attorney's opinion on RE.14, the settlement. Is that the type of item that could be vetoed by the Mayor? Ms. Mendez: No. Vice Chair Russell: So when we make a resolution on a legal decision that's not able to be vetoed? Ms. Mendez: I'm sorry. Ask that question again. Vice Chair Russell: So we made a resolution. We voted on an item to -- Ms. Mendez: It was under your executive power to settle on a matter. Vice Chair Russell: Okay, just wanted to know. Ms. Mendez: It's just the -- it's the nature of the legislation. It's executive -- it's your power to deal with settlements, and handle settlements, and enter into contracts for settlements, those things. Vice Chair Russell: Thank you. Just trying to forecast -- Chair Hardemon: Seeing that all -- Vice Chair Russell: -- where this might go. Chair Hardemon: -- hearts and minds are clear, this meeting is adjourned -- Vice Chair Russell: Thank you. Chair Hardemon: -- at 9: 29 p. m. City of Miami Page 121 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 RE.15 RESOLUTION 6886 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Police EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FOLLOWING MUNICIPALITIES: VILLAGE OF MIAMI SHORES, CITY OF DORAL, CITY OF MIAMI SPRINGS, CITY OF FLORIDA CITY, VILLAGE OF BAL HARBOUR, CITY OF HIALEAH GARDENS, TOWN OF SURFSIDE, TOWN OF BAY HARBOR ISLAND, VILLAGE OF INDIAN CREEK, VILLAGE OF VIRGINIA GARDENS, TOWN OF MEDLEY, AND CITY OF SUNNY ISLES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, THE "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-20-0043 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: All right. So can I --? The Char would like to entertain a motion to approve RE.1 S. Vice Chair Russell: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair. Any further discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 122 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.16 RESOLUTION 7013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Real ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO Estate and Asset NEGOTIATE AND EXECUTE A TERMINABLE AT -WILL LICENSE, Management ACCESS, AND INDEMNIFICATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI AND POSEIDON FERRY LLC FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT THE MIAMI CONVENTION CENTER FOR MIAMI-DADE COUNTY SPONSORED WATERBORNE TRANSPORTATION SERVICES PURSUANT TO MIAMI-DADE COUNTY RESOLUTION NUMBER R- 958-19, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B"; PROVIDING FOR USE FEES OF ONE THOUSAND, EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($1,875.00) PER MONTH AND TICKET SURCHARGE REVENUE AND INCLUSIVE OF THOSE CERTAIN TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED THEREIN. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item RE.16 was deferred to the Februaty 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item RE.16, please see "Order of the Day. " City of Miami Page 123 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 RE.17 RESOLUTION 6934 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of ATTACHMENT(S), AUTHORIZING AND ADDING CAPITAL Management and PROJECTS TO THE CITY OF MIAMI'S ("CITY") FISCAL YEAR Budget 2019-20 MULTI -YEAR CAPITAL PLAN, ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26, 2019 PURSUANT TO RESOLUTION NO. 19-0374, AS AMENDED AND/OR REVISED; AUTHORIZING AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER AUTHORIZING, ALLOCATING, APPROPRIATING, DE -ALLOCATING, AND RE - APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS AS SET FORTH IN EXHIBITS "A" AND "B", ATTACHED AND INCORPORATED; ACCEPTING ADDITIONAL FUNDING FOR CERTAIN ONGOING CAPITAL PROJECTS DESIGNATED BELOW AND RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS AND FOR GRANTS IN PROGRESS. ENACTMENT NUMBER: R-20-0044 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: There's RE.17, amendment to the capital budget. Commissioner Carollo: What amendment is that? Chair Hardemon: You're recognized, sir. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. RE.17 is a recognizing of new appropriations from sources such as the County, the Coconut Grove BID (Business Improvement District), and special revenue, and it re -appropriates funds that are already in the capital budget, as well. I do have three floor amendments. Commissioner Carollo: Who's going to do the presentation; the Mayor or the Budget Director? Chair Hardemon: The mayoral Budget Director. Vice Chair Russell: I'll move the item just to get us going. Chair Hardemon: It's been properly moved; seconded by the Chair. Commissioner Carollo: He wants to make sure you got the trip, all that down, Chris. Mr. Rose: Yes, sir. I do my best. I have three floor amendments. City of Miami Page 124 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Francis Suarez: We had to add you to the ticket, so I wanted to make sure that was included. Commissioner Carollo: Add who? Mayor Suarez: We had to add you to the ticket, so I wanted to make sure it was included. Mr. Rose: And for the record, I'm staying in Miami. I'm not going anywhere, so. Commissioner Diaz de la Portilla: Well, we didn't invite you, so. Mr. Rose: First, on Exhibit "A," the new appropriations, Line 11. This is the funding from the Virginia Key Beach Park Trust. It's for the Museum Project. After conferring with the Executive Director, it has not been approved by their board yet, so I would add the following language; proffer it to the Commission: "Contingent upon approval of the Virginia Key Beach Park Trust Board, and to be reimbursed once funds are made available by Miami -Dade County. " So that's the first floor amendment I would recognize. Second would be in Exhibit "B"; at the request of the Mayor, a new Line 103 at the end, moving $350, 000 from "B" Number 40B-40710, which is the Mayor's Parks, Streets and Lighting Improvements Project, to a new project entitled Downtown Bathrooms. And the third one would be -- again, at the request of the Mayor -- moving from the same source 600, 000 -- excuse me -- $500, 000 from that "B" number and another "B" number of the Mayor's capital projects. Commissioner Diaz de la Portilla: I have a question. Commissioner Carollo: How much on the bathrooms, Chris? Mr. Rose: Excuse me? Commissioner Carollo: The total price on the bathrooms? Mr. Rose: Right now, we are only moving 350, 000 to a new project, so it -- Commissioner Diaz de la Portilla: How many toilets? Commissioner Carollo: But how much are the bathrooms costing us? Commissioner Diaz de la Portilla: How many bathrooms? Mr. Rose: I'm not sure how many bathrooms. We're kick-starting the project right now. Commissioner Reyes: May I answer that, please? Mayor Suarez: Yes. Commissioner Reyes: You see, at DDA (Downtown Development Authority), we have been working -- I mean, they are -- we have been analyzing the cost on a different bathroom that could be installed, and I would request that this amount of money that you are assigning to bathrooms go through DDA so that give us the prerogative of which -- where they should go since we are the ones that are analyzing the need of those bathrooms. Mayor Suarez: Mr. Chair, if I may? City of Miami Page 125 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: You're recognized, sir. Mayor Suarez: Thank you. Right. So -- Commissioner Reyes: And now that I have the floor I want to recognize and thank the Mayor -- Mayor Suarez: Thank you. Commissioner Reyes: -- for keeping his commitment to Shenandoah Park and to DDA. Mayor Suarez: Thank you. Thank you, Mr. Chair. So just to clarify both, one is the public bathrooms. I know that the DDA and the City have done one already, and my understanding is the DDA is going to match this amount. And then there's a private match from a third party, which I think is Camillus House, which will provide the other 350, 000. So the 350 will be matched by 350 from the DDA, 350 -- and however many bathrooms that they can build. It's not set for a certain number of bathrooms. If they can build the bathrooms less expensively, great. If they can build them -- you know -- Commissioner Diaz de la Portilla: My -- if I may? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: My question, Mr. Mayor, is that I think the first bathroom was 380 -- Mayor Suarez: Yes. Commissioner Diaz de la Portilla: -- something in that range. Mayor Suarez: That's correct. Commissioner Diaz de la Portilla: And I want to make sure that we are paying a reasonable amount for these bathrooms. Mayor Suarez: Right. Commissioner Diaz de la Portilla: If we could do seven, eight of them, whatever it is, but I want to make sure that we're putting a million -- well, we're putting 700 of City and DDA money combined, right? Another 350 of private. Mayor Suarez: Correct. Commissioner Diaz de la Portilla: So -- of Camillus House. Mayor Suarez: Commissioner -- Commissioner Diaz de la Portilla: So in essence -- I'm still asking a question. So is it going to be -- do you have any idea, any budgets? Because Commissioner Reyes has just mentioned that he can get a better deal. I'm always looking to save the City money if I can -- Mayor Suarez: Sure. Commissioner Diaz de la Portilla: -- or make the City money if I can -- City of Miami Page 126 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: Sure. Commissioner Diaz de la Portilla: -- if we can get a better deal. Have you spoken to each other to see if -- what kind of (UNINTELLIGIBLE) -- he has on this? Mayor Suarez: So the commitment was a financial commitment in terms of, you know, the procurement, and design, and development, and the DDA is -- I have no problem with the DDA being sort of the administrative agency and -- go ahead, Commissioner. Commissioner Reyes: Yes. I want to inform you that we had this discussion the other day in our committee, and we are -- the figures or the numbers that we have is for about three bathrooms, it's going to be around $500, 000. And that's -- all this money is going to be used in trying to install as many bathrooms as we can, see, and that would serve the purpose of trying to -- Chair Hardemon: Mr. Vice Chairman. Commissioner Reyes: -- provide -- I mean, the facilities to people that require them. They don't have to be -- not only homeless. Vice Chair Russell: Thank you very much, Mr. Chairman. And thank you, Commissioner Reyes, for continuing this effort on the bathrooms in the DDA and the downtown. It's so necessary. And the first one has been such a success; over 130 uses a day, and not only by the homeless. It's just clean and safe enough for a mother to change her child in. It's fully manned, it's safe, and we are hopefully finding cheaper ways to do it. A lot of it, the -- if we use the Portland loo that was sourced originally, it's over $100, 000 for the unit, the stainless steel unit, marine grade steel. The other bulk of the expenses were in permitting and cost installation. We're looking for better places and locations, and Alice Bravo at the County has committed Metromover stations, exterior to the Metromover stations, which is County land, so that shouldn't cost us anything, which is great. In the past, though, the funding did not -- the funding went through the Capital Improvements Department, who did all of the work, all of the permitting and the work, and I would recommend we keep it that way. The DDA is still doing the planning, the design, the locations, scouting, the sourcing of materials, and -- but this is tremendous. Commissioner Reyes: Yes, sir. Vice Chair Russell: The DDA hadn't come with this amount money in the last iteration. The City really shouldered it last time. So for the DDA, the match is huge. Thank you. And then to find private contribution, this -- between the two toilets we have -- we have the Bayfront Park permanent toilet that's full-time manned. We have the one down by -- on Elagler. This could add an additional four or five. It could make a huge difference downtown. So thank you very much, Mr. Mayor. Thank you, Commissioner Reyes. And that would just be my recommendation; that the funding still flow through the City, through the Capital Improvements Department. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Reyes: Oh, excuse me. Commissioner Diaz de la Portilla: I wouldn't characterize a $380, 000 public toilet as a success to be honest with you. I also here there was lighting issues, because there was some solar power lighting that you had requested at the time, and it doesn't light -- provide enough light. So I want to make sure none of those issues City of Miami Page 127 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 are happening now; that we have enough lighting; that we are reasonable in the amount of money we're going to pay for this. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: I like Commissioner Reyes' stewardship of this issue, but I agree that the Mayor was able to find the additional dollars from Camillus House and it totaled over a million dollars, I think. And the County's cooperation in providing the Metrorail sites, I think that that's great improvement to begin to solve that problem. The other one -- quickly, Mayor. The other issue is this idea that you close it at 6 p.m. is not a success, either. You have to man it 24 hours. People don't stop going to the bathroom, homeless people or anyone. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: They're still going to the bathroom at 6 p.m. They go in the middle of the night. I think enough lighting and enough -- and 24- hour -- manning it 24 hours is a good direction to go in for all these new bathrooms we're building, and I think they'll go really fine, alleviating the problem that we have with the homeless issue and the problems that we have in downtown. Commissioner Reyes: I want to also -- I want to add that the $500, 000 that have been -- the estimated $500, 000 also includes the -- manning the bathrooms, and they are going to -- we're going to try to hire homeless that -- as have been done now. And I am going to take this opportunity. Maybe if some other agency want to contribute, you know, like for example, Bayfront Park. I'm just kidding. I'm just kidding. Commissioner Carollo: I'm sure the board of directors would love to give more money, but unfortunately, you all took the $2 million from Ultra. But you got plenty already. I'm sure you'll get it from there. Mayor Suarez: Well, you guys are flush with cash, because you get 3 million, so. Commissioner Reyes: Anyway, thankyou, Mayor. Commissioner Carollo: We gave 3 million last year. Mayor Suarez: Yeah. Chair Hardemon: You're recognized. Mr. Rose: Thank you, Mr. Chair. Just to finish the third floor amendment so that it's clear, it would be moving $500, 000 from "B" Number 40710 to B78509, which is the Shenandoah Pool. It has been alluded to; I just didn't get a chance to get it out. Commissioner Carollo: How much is he getting for the Shenandoah Pool? Mr. Rose: 500, 000 from the Mayor's projects. Commissioner Carollo: 500, 000. Commissioner Reyes: (UNINTELLIGIBLE). Before I was elected that he is committed to -- I mean, get that park totally renovated. Mayor Suarez: Mr. Chair? City of Miami Page 128 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: If you would have gone with half a million, maybe you wouldn't feel this way now. (MULTIPLE PARTIES SPEAKING IN UNISON) Mayor Suarez: Mr. Chair? Chair Hardemon: You're recognized. Mayor Suarez: First, the adage of, "Ask and you shall receive. " Right? Commissioner Diaz de la Portilla: Now I know. Mayor Suarez: So the Commissioner came to me. Obviously -- you know -- look, we've debated here even earlier today about the need for pools and public pools. The one in Shenandoah is a little short of getting the money that it needs to be completed. I know our Capital Improvements Department is going to start the project. I think we'll still be -- I think half a million short, if I'm not mistaken. But, you know, this is a very valuable thing. And of course, we then have to find the money for the Morningside Pool, as well. Wherever it goes, and whether it's renovated or rebuilt, we need to find the money to do that, because that community deserves to have a top grade pool, like Shenandoah does, as well. As for -- I guess that's it. Chair Hardemon: This item was properly moved and seconded. Is there --? Yes. Is there any special --? Vice Chair Russell: I believe someone needs to proffer the amendment, or no? Because we moved it before those were mentioned. Chair Hardemon: Well -- Mayor Suarez: As amended. Chair Hardemon: --as amended. Vice Chair Russell: Mover accepts. Chair Hardemon: Seconder, as well. Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Rose: Thankyou, Commissioners. Commissioner Diaz de la Portilla: Good job, Chris. Vice Chair Russell: Thank you, sir. City of Miami Page 129 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 RE.18 RESOLUTION 7117 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), DIRECTING THE CITY MANAGER TO and Mayor IDENTIFY FUNDING TO HIRE ANY AND ALL CONSULTANTS NECESSARY TO PREPARE A FINDING OF NECESSITY ("STUDY") PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969 FOR THE EXPANSION OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AREA ("AREA") TO INCLUDE THE NEIGHBORHOOD COMMONLY REFERRED TO AS "ALLAPATTAH" IN THE AREA; FURTHER DIRECTING THE CITY MANAGER TO HIRE ANY AND ALL CONSULTANTS NECESSARY TO PREPARE THE STUDY; AUTHORIZING THE EXPENDITURE OF SAID FUNDS IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR PREPARATION OF THE STUDY; DIRECTING THE CITY MANAGER TO SEEK REIMBURSEMENT OF SAID FUNDS UPON APPROVAL OF A COMMUNITY REDEVELOPMENT PLAN; AND 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-20-0045 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo NAYS: Reyes Chair Hardemon: RE.18. Is there a motion to approve it? Commissioner Diaz de la Portilla: Absolutely. I move to approve. Chair Hardemon: Is there a second? Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion? Commissioner Diaz de la Portilla: I'm sorry, there's an amendment. We do have an amendment; sort of adjust the map, the boundaries to add the areas bounded by Northwest 20th Street to the north, Delaware Parkway to the west, the southwest, and Northwest 27th Avenue to the east, and the Miami River to the east. Chair Hardemon: Sorry. Say it again so -- Commissioner Diaz de la Portilla: All right. It's an amendment that -- it's on my district, so don't worry. Chair Hardemon: No, no, no, I just wanted to see it. City of Miami Page 130 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: It's the area bounded -- it amends the CRA (Community Redevelopment Agency) map for the Allapattah area, which is what RE.18 does. It basically requests -- what it requests is a study. All we're doing is a study here for -- Chair Hardemon: No, I got that part. I want to see what -- where you're moving the -- Commissioner Diaz de la Portilla: The area bounded by Northwest 20th Street to the north, Delaware Parkway to the west, Northwest 27th Avenue to the east, and the Miami River to the northeast. We're taking it down to the river. And the area bounded by Northwest 27th Avenue to the west, Northwest 38th Street, so it goes two blocks north of 36th Street, which was my original map. That takes it to 112, basically, which is also my district in that part, between the areas of Northwest 19th Avenue and 36th Street to the south. Yeah, I think you have a map. You should have a map there that outlines (UNINTELLIGIBLE). Is it down to the river? Chair Hardemon: On mine, it already says, "the river. " Commissioner Diaz de la Portilla: Right, because the map that you have in front of you is not the amendment. The map you have in front of you is the underlying. Chair Hardemon: The underlying one. No, I was just saying that on this one -- Commissioner Diaz de la Portilla: The underlying item. Chair Hardemon: -- it appears to be that it was on the river. Commissioner Diaz de la Portilla: Yes, but -- Chair Hardemon: It's not? Commissioner Diaz de la Portilla: It is. I misspoke; it is. We had already taken it down. Initially, when I had drawn it up, it didn't include the river. We had already taken that. Chair Hardemon: You need the river. Commissioner Diaz de la Portilla: The amendment just takes it to -- north to 38th Street. Chair Hardemon: Got it. Commissioner Diaz de la Portilla: All right? So -- Chair Hardemon: I see it. Commissioner Diaz de la Portilla: Yeah. But -- Chair Hardemon: I see it. Commissioner Diaz de la Portilla: -- I misspoke. Chair Hardemon: So then -- Commissioner Reyes: Mr. Chair? City of Miami Page 131 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Yes, you're recognized. Commissioner Reyes: Is the floor open for discussion? Chair Hardemon: Of course. Commissioner Reyes: Yes. I want to be clear that I always been consistent in my opinion, always been consistent in what I have -- every time that I take a position. And right now, I cannot support this, because I've been fighting Commissioner Russell and his quest to extend Omni CRA to south of -- I mean to south -- the South Grove, and it is not because I don't want it to be extended, or the need of those areas to be -- some money be extended on them. It is because I am very loyal to my belief that CRAs -- and I was one of the initiators of the CRAs in the City of Miami - - that they have a purpose, and the purpose is to eliminate slum and blight. And I -- right now, I believe that Omni CRA should be allowed to sunset, and that fund -- I mean that money or the revenues that they are produced by the Tax Increment should come into the general fund, and those funds should be used in other areas. And that has been my belief all the time, and that's the purpose of the CRA. Now, having said that, I don't have any -- I mean, as a matter of fact, I will strongly support that, given the conditions that the area in District 1, that the development that is being initiated by the river and by all the -- by Jackson Memorial Hospital and all that, that we use these funds, you know, to analyze and study the possibility - - or the feasibility, which I think that it is right there, because of the amount of slum and blight, to create a CRA for that area; that area, which will include Allapattah and all of that, and then any tax increment that we receive from those developments be used to improve the infrastructure of the Allapattah and the area surrounding it, you see? I mean, I am all in favor of creating a CRA in that area. And when Willy Gort was here, we even spoke about it. Remember? We even spoke about it, and I supported it, and I will support it. And I believe -- and let me say something. I don't know if it's a change, but at the time that I was dealing with CRAs, any time that you have an extension, the process, the whole process have to start anew. You see, like if you are going to extend the CRA, the Overtown/Park West CRA, the process of establishing that CRA had to start allover. It will be more -- I would say easier; it will be easier in my opinion, and it will be -- as a matter of fact, I think that it will be much better for the City of Miami as a whole that we allow the other CRA to sunset, we create this CRA as soon as we can, and we use those funds to develop and eliminate slum and blight in Allapattah and on all those surrounding areas. Commissioner Diaz de la Portilla: Mr. Chairman? Commissioner Reyes: But the Omni CRA, I -- it is my opinion -- and as a matter of fact, it's the opinion of many people in the County, that they have to be counted on this. Commissioner Diaz de la Portilla: The -- Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: RE.18 is just a study to --finding --for a finding of necessity that the Mayor's Office would pay for. I think -- I'm going to take -- get rid of a portion here that says that you're going to seek reimbursement from the Community Development entity later on -- Agency later on. I want you to pay for it for us and then it -- Mayor Suarez: Seek and you shall receive, right? Ask and you shall receive. City of Miami Page 132 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: You read my mind, right. So I want to get rid of that line, but this is a finding of -- Mayor Suarez: Just remember when I askfor an appropriations later on in the year for more money and you guys -- I'll have to ask you, too. Commissioner Diaz de la Portilla: I thought we just gave you one but -- Mayor Suarez: I'll also have to ask you, so, yes. It works both ways, but yes, happy to do it. Commissioner Diaz de la Portilla: It's -- the language, it says, "Directing the City Manager to seek reimbursement of said funds upon approval of a community redevelopment plan," so they can pay for it. It's just a finding of necessity for the study to see if we need it. The -- I don't believe in additional bureaucracy in creating another -- I'm a good Republican in that sense. I don't believe in having the same -- Unidentified Speaker: What? Commissioner Diaz de la Portilla: I don't believe in having two additional CRAB. I think we do it all in one and I think that it's contiguous, unlike the West Grove that was proposed before. It's contiguous to this CRA. I think it's a much -- it's an area that's in my district that I know, and I think I know the district pretty well. And I think that all we're doing is a study to see if there's blight that we need to address. And I also -- and by the way, down the line, I probably will be seeking an extension -- not only this expansion but and extension because we can't do -- as Commissioner Russell well knows -- we cannot do probably six or seven projects that we have there right now unless we extend that to 2048, because the financing will not be in place for these developers that are redeveloping these blighted areas in the existing CRA. So these things have to happen from my perspective, including Allapattah, the area I represent, which is probably one of the poorest areas in the City of Miami. It's important to me as a representative of that area. So all I ask is for your support in doing the study, see what it looks like and we take it from there. You can always vote against it down the line if you want. Commissioner Reyes: Let me -- out of consistency -- and I was opposed to it when Commissioner Russell wanted to do it. Commissioner Diaz de la Portilla: My feeling was that you had an agenda -- Commissioner Reyes: No, no. It's the same -- hold on a second. Let me finish. You see, I don't think that it's even fair for any other districts, Carollo's district or to Liberty City that we are going to use the tax increment that it is being generated at the Omni area, and then bring them into another district. It doesn't matter if it's contiguous or not, because if we are going to start doing that, well, how about Liberty City? How about my district? How about Little Havana? I -- what I want to do is -- and I think -- and tell me, this is not to -- me being on your good side or anything. We need a CRA. Now we can't do it, because all the new development that is taking place on that area around the river and around the hospitals, and use the tax -- those tax increment, and invest them in Allapattah and all those areas, you see. And I will love that this study -- what really -- what it would do, this study will emphasize the creation of a CRA there and the potential for creating a CRA based on -- I mean, I don't have to do the analysis to let you know that that area has slum and blight, slum and blight. And the Omni area, it is not slum and blight as defined anymore. You have empty lots, empty lots, but you don't have the slum and blight. But Allapattah, Little Havana, Liberty City, they have all -- they have City of Miami Page 133 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 slum and blight, and that's what I want to do. What I want to do is let's analyze and -- not let's analyze. Let's get the process started to develop a CRA in the Allapattah area and hire the people. So -- Vice Chair Russell: Isn't that what you --? I'm not understanding the difference. Chair Hardemon: He's saying -- Commissioner Diaz de la Portilla: The difference is that he wants a new CRA. Chair Hardemon: Correct. Commissioner Diaz de la Portilla: And I'm opposed to any additional CRA being created. I want -- Commissioner Reyes: Well, then -- Commissioner Diaz de la Portilla: The point of CRAs, right, is to -- Commissioner Reyes: No. I'm opposed of using one -- Commissioner Diaz de la Portilla: I know, I know. Commissioner Reyes: -- money from one CRA into another district. Chair Hardemon: So if -- Commissioner Reyes: I'm totally opposed to that. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: If I may. Commissioner Diaz de la Portilla: That's fine. Chair Hardemon: I understand every argument that we're making, and I understand how you wanted to make some amendments to you map. I do think, you know, being your neighbor to this area on the east and on the north side, I -- well, further north than the boundary that you've created is also some additional areas of Allapattah that I think are underserved. Further north of that is some areas of Liberty City. And I think that considering some of the things that are going to be happening on the eastern boundary of this map that you have -- so 7th Avenue -- and on the northern -- north of all of these -- Commissioner Diaz de la Portilla: To 38. Chair Hardemon: -- which is -- well, I know you're going to 38, but my -- what my amendment that I would request of you will be to, of course, include everything that you have, but then, on 17th Avenue, you go north to 62nd Street and then east to 7th Avenue, and come back down so that it connects. It's not just your district, but it goes through some of Liberty City -- Commissioner Diaz de la Portilla: I would agree -- I will -- Chair Hardemon: -- and Allapattah, then come down. Commissioner Diaz de la Portilla: I would accept that amendment, absolutely. City of Miami Page 134 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: And sir, how about if we turn left and we go all the way to Flagami? Commissioner Diaz de la Portilla: No. Commissioner Reyes: I mean, this is what I'm saying. Commissioner Diaz de la Portilla: No, no. Commissioner Reyes: I mean, what we have to do -- Commissioner Diaz de la Portilla: There's no blight in Flagami. Commissioner Reyes: No, no, no, no. Commissioner Diaz de la Portilla: There's blight in this area we're talking about. Commissioner Reyes: No, no. And that's the area you're talking about. You can go south also -- I mean, you can go southwest and you can get other areas. Commissioner Diaz de la Portilla: He's talking about Liberty City. Commissioner Reyes: No, no. Yes, and I'm talking about Flagami. Commissioner Carollo: If I may suggest the following that I think will -- Chair Hardemon: Thank you for the -- Commissioner Carollo: -- appease everybody. I think we could all vote for this. And the difference here is, Commissioner, that I see is that these are contiguous areas. They're touching upon each other. It's not what we had before that we're jumping across the bay to get to anew area. What I would suggest is so that you're assured that we're not going to take money from one area to another that only the dollars that are coming from the new area would be spent on that area. To be blunt with you, right now all the funding that's there basically is more or less committed. So you could start by doing that. You're going to use the funding that comes from the new area only into the new area. You won't take from the other area towards you and that appeases -- Commissioner Reyes: No, no, it doesn't appease me. Hold on a second. Commissioner Diaz de la Portilla: I'm amenable --- Commissioner Reyes: I just want -- where is the Budget Director here? Where is he? Chair Hardemon: While the Budget Director is coming, I'll call on the Mayor. Commissioner Reyes: Okay, I just want to know -- we are losing -- every year, we're losing over $12 million that could come to the general fund and be used on streets and other needs that all the districts have; that's why I'm saying we have to sunset it. Commissioner Diaz de la Portilla: Well -- Commissioner Reyes: You see, what I don't want is -- I mean, there are -- most of them is not committed, you see. What you are proposing, Commissioner Carollo, is City of Miami Page 135 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 about the same thing, is creating new -- I mean, the tax increment financing is going to be only from that new construction of the new development within the area ofAllapattah, the river, and all of that. And you don't want to touch the one -- all the funds from the Omni. Commissioner Carollo: Let me -- Commissioner Reyes: That is the same as creating a new CRA. What I wanted is to sunset this when it comes, and it is fair to all the other districts to share the wealth, you see. Auburndale, we don't have a CRA in Auburndale, and we have a lot of need, and we have slum and blight there, you see. The thing is that because it is contiguous doesn't justify that you are taking the funds from an area and you are diverting it to that area instead of sending it back to the general fund and using it for everybody in the City. It is my belief -- and listen, I am consistent in what I believe, and I vote consistently, you see. And that's the way -- I'm sorry but that's the way I feel. I'd rather do a new CRA. And besides that, when you have a CRA and you have a CRA next to it -- and this idea of having only one administration doesn't work; let me tell you why. Because there are different needs, there are different conditions, there are different requirements, there are different population, you see. I mean, you need to have people that they are specialized or they are totally involved in that area that that CRAs have been created. And that's -- and you're hearing from -- the first CRA that was done in the City of Miami was Overtown/Park West, and I was the economist for that, you see; that's why I take the position that I'm taking. And the principle behind all CRAs of the Community Redevelopment Act is to promote development by reinvesting the additional taxes that have been created in that area until slum and blight has been eliminated, and then move those funds into the general fund to help the poorest area. That's the way it is, you see. Chair Hardemon: So I'm calling the Mayor, then Commissioner Carollo, then the Vice Chairman. Mayor Suarez: Thank you, Mr. Chair. I'll be brief. I just -- I know that we're getting into a bigger discussion about whether we should have multiple CRAs or expand the boundaries of CRAs, and how much the CRAs take from the general fund. And I think those are all appropriate discussions. But this is about a finding of disparity study alone, so this does not commit the Commission to expanding the boundaries, making another CRA. I understand your arguments that there are other areas that have needs and also the collapsing of -- potentially collapsing the CRA and getting back the 12 million in revenue. But this alone is just -- it's a precondition. You have to have a finding of necessity prior to doing anything and that's part of the CRA law. Commissioner Reyes: Yes, sir. I do understand that, but I want to make clear of my position. Mayor Suarez: Understood. Commissioner Reyes: And I had that position when I was -- and when it was -- the other analysis was being made. And I just want to make my position be extremely clear, you see, that what -- expanding the CRA using the funds of one CRA into development and the infrastructure in other areas -- it could be contiguous or it could be across the bay -- that that is not the purpose of a CRA, and it is unfair for the rest of all the districts. Creating a new CRA based on the needs, that is a different thing. City of Miami Page 136 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: Mr. Chair. Chair Hardemon: Okay, I -- Commissioner Reyes: Okay, this is just an analysis, but I want to include in this analysis -- if we're going to go -- I mean, to vote -- that to analyze the need for creating -- or if the conditions for creating a new CRA in that area, if they exist, okay? Mayor Suarez: Mr. Chair. Commissioner Reyes: You include that. Chair Hardemon: I'm going to allow you to finish. Mayor Suarez: Just real quick. Chair Hardemon: And then Commissioner Carollo and then the Vice -- Mayor Suarez: I just want to ask the Commissioner if we create another CRA or if we expand the CRA, is that something that I can veto or is that not something I can Commissioner Carollo: No, you can't. Commissioner Reyes: Well, you cannot veto that. Mayor Suarez: Okay. I'm just curious. I just wanted -- Commissioner Reyes: You cannot. Mayor Suarez: I want to understand the ground rules. Commissioner Reyes: Can I -- hey, listen. Mayor Suarez: I want to understand the ground rules. Commissioner Reyes: Listen, do we have veto power here? Because Icon Id veto a lot of things that you -- I could veto the way that you are now. Mayor Suarez: I'm just asking a question. I want to know what your position -- Commissioner Reyes: Yeah, yeah, yeah. Don't be facetious. Mayor Suarez: I'm not. I'm actually being honest. I want to know. Commissioner Reyes: Don't be facetious. Commissioner Carollo: You know, he could be kind of pleasant when he laughs and jokes -- Commissioner Reyes: Yeah, sometimes, sometimes. Commissioner Carollo: -- and don't take things so seriously. Commissioner Diaz de la Portilla: It's going great. City of Miami Page 137 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: He could be a regular old Mayor. Mayor Suarez: Keep the ball rolling. Commissioner Carollo: I like it. Anyway, I do want to opine on this issue. Commissioner Russell, your mind is a little fresher than mine; it's younger than mine. Whatever happened with the expansion that we voted upon into the Grove -- West Grove area. Vice Chair Russell: Thank you. Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I appreciate the question and I do want a clarification, as well, before I go into that recent history; maybe the Clerk can help, because Commissioner Reyes, if Fm not mistaken, voted 'yes" and unanimous with this body on that vote, on that issue to extend the life of the Omni CRA and expand it to the West Grove. Am I incorrect that that was not a unanimous vote? Todd B. Hannon (City Clerk): I'll have to check our records, sir, and get back to you. Commissioner Reyes: No, no. Vice Chair Russell: Check on January 11, 2018. Commissioner Reyes: No, it wasn't unanimous. What it was unanimous is to analyze the extension of the CRA to Allapattah, Flagami, every place, Little Havana and every place. And it was a study, it was an analysis made, and it was impossible. Commissioner Carollo: Okay. Vice Chair Russell: I may be incorrect but -- Commissioner Reyes: Yes, you are. Vice Chair Russell: -- the minutes that I have show you voting 'yes. " Commissioner Reyes: I voted "yes, " to include the whole City as a CRA. Vice Chair Russell: That was a later analysis which did come back and you're absolutely -- Commissioner Reyes: I never voted to have you move the -- I mean, extend the CRA to only to south -- to the South Grove, never -- Commissioner Carollo: Well -- Commissioner Reyes: -- because the same argument that I am using now, I used it before. Commissioner Carollo: Well -- Vice Chair Russell: So -- and if I could just go through that history because the -- here's how I recall it. I came into that day without one additional vote on that issue, and the community came in support, the finding of necessity was valid, and City of Miami Page 138 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 we ended up with a unanimous vote. And that was probably the happiest day I've ever had in this Commission, because it really meant a lot to me to see this body do something so selfless as what happened in that moment, because it certainly doesn't benefit the whole county or the whole City to trap money in one part of the City, but to recognize the debt that's owed to a part of the City is how we help each other. And in that moment I -- in my pleading, I said "When the time comes for your district if you were to seek a CRA for a blighted part of your community, I'll be therefor you as well," and I said that to Commissioner Gort at the time. So I would love to learn more about this, and I could be in support of it, regardless of whatever differences we've had. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: We will sit together on a CRA board and we can balance the spending in the various chapters of that redevelopment plan so that we don't rob Peter to pay Paul, for example, and do it correctly. What happened at that point, I was legally correct that we can have a noncontiguous CRA. There's legal precedent for it and there's -- it's statutorily okay. Commissioner Reyes: Yes, it is. Vice Chair Russell: I did not calculate correctly the politics of what that does, and it's similar to what you're talking about here, where money starts flowing between other districts and now we're dealing with the County, as well, and that becomes an issue. So it went up to the County as one item, an extension with an expansion, a non-contiguous expansion outside of a County Commission district to another County Commission district, and there it hit a wall that I really hoped and thought I could get past, butt haven't been able to; and so it has sat in the wings -- Mayor Suarez: Bad timing. Vice Chair Russell: -- still available to go to the County Commission. Now my understanding is at the County Commission, they can unilaterally bifurcate that request of extension and expansion, and they can extend the Omni CRA as one item; they can extend the Overtown -- Southeast Overtown/Park West CRA as an item, and they can create a new CRA in the West Grove based on the finding of necessity that did pass by this Commission. We proved that there's slum and blight, and from that day to now, that community even now doesn't look the same; more evictions, more demolitions. Grand Avenue is completely bombed out and gone. My ask here continues, and I will be supportive of an Allapattah CRA if this body is willing to continue to support the concept that the Grove does get a CRA, whether it's contiguous, whether it's non-contiguous. That's my ask, because that's what predicated this entire conversation. And I'm here for your communities but I really need help here. Commissioner Reyes: Let me tell you this. I am in total agreement, in total agreement wherever there is slum and blight that we use a CRA -- that we create a CRA, as long as it is used for that purpose, not to be used for -- as a piggybank for the Commissioner -- okay? -- that then can redirect the monies according to how they feel, you see. And once the slum and blight, it is eliminated, it will sunset. If you bring that up now, I will vote in favor of creating a CRA in that area as long as -- as I will do it for Liberty City, you see, because there is a felt need. But under those promises, and those were the promises by which we created Overtown/Park West Redevelopment Project. Commissioner Carollo: The -- City of Miami Page 139 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: You see? I mean, if you're going to create a CRA based on need, fantastic. Now when you're going to expand a CRA by using the area that was developed through a CRA and now that they are -- that the -- they have a great source of revenues and direct them to a particular place, that is when I -- what I will oppose, and that's it. You want to create a CRA, sir, you have my backing. Commissioner Diaz de la Portilla: That's not what's discussed. It's clear what -- Commissioner Reyes: No, no. We are not discussing. I'm just answering to -- Commissioner Diaz de la Portilla: Oh. Commissioner Reyes: -- what he says. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: The -- Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: I'm glad you brought us up to date what had happened with that, because I really didn't know what happened at the County. But let me bring things in perspective, because we're having this whole deep discussion, and the reality of the facts are that for us to be able to create a new CRA in Allapattah or anywhere, there's no chance of that happening at all. You served in a very high position in the Senate. You know what Tallahassee's like, and that's not even before we get to the County Commission. You heard from Commissioner Russell what's happened to the expansion to the West Grove. So for a new CRA, for us to say that, that's a no-go from the beginning, because it will never happen. The chances are zip, zero that that would happen. Now the other had news that I'll give all of you is in this whole deep discussion is that the chances of expanding any CRA are probably slim to none; just a little better than creating a new one. Now you might be able to work it out, in particular with, you know, so many new Commissioners coming in and the new Mayor. You know, maybe your dad will cut a deal here somewhere and, you know, do something. But right now, I would say that it's slim to none even to expand it. Commissioner Reyes: It is, right. Commissioner Carollo: So gentlemen, you know, I'll be very blunt with you. I can't get all, you know, hot and bothered about this whole discussion that we're having, because no matter which way we cut it, it ain't going to go anywhere as I'm seeing it from over here. Commissioner Reyes: You're absolutely right. Commissioner Diaz de la Portilla: Oh ye of little faith. Commissioner Reyes: You're absolutely -- Commissioner Diaz de la Portilla: We'll see. Vice Chair Russell: Got to be optimistic. Commissioner Diaz de la Portilla: I'm an optimist. Thank you, Commissioner. City of Miami Page 140 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: And if you want -- Commissioner Carollo: No. Commissioner Reyes: -- we're getting the minutes and the record -- Commissioner Carollo: To amuse -- Commissioner Reyes: Yes. Commissioner Carollo: -- Commissioner Diaz de la Portilla, I'll go along with you Commissioner Diaz de la Portilla: I love to be amused. Commissioner Carollo: --just to amuse you. Commissioner Diaz de la Portilla: I love to be amused. Commissioner Reyes: But I -- Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Reyes: -- will vote in favor of this analysis if it includes the creation of a new CRA. Commissioner Diaz de la Portilla: I'm not going to include that. Commissioner Reyes: Oh, well, then I cannot vote for it. Commissioner Diaz de la Portilla: That's fine. Commissioner Reyes: I'm just one vote. Chair Hardemon: All right. Commissioner Diaz de la Portilla: We're all one vote. Chair Hardemon: So there is a motion. There were amendments made by Commissioner Diaz de la Portilla, as well as some friendly amendments accepted by him, as well. Any further discussion on all of that? Vice Chair Russell: Yes, because I didn't get a confirmation whether this body will continue to support the concept of a Grove CRA, because we do -- we are a new body now than when we voted on it. And if I'm not mistaken, Mr. Clerk, we did vote unanimously on that day with regard to the -- Commissioner Reyes: We are getting the -- I'm getting the minutes, sir. Vice Chair Russell: I've got them right here. Commissioner Diaz de la Portilla: But I would be -- Vice Chair Russell: It's not terribly relevant, because we're a new body now, and that's why I'm appealing to our new member to see where we are on that. City of Miami Page 141 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: I will be amenable to creating a separate CRA for you, if you want it, over there but not as part of this one. I have no problem with that. I know the needs of the West Grove. I know that you've been working hard on that issue for many, many years, and I'm willing to help you in that process and also with the County, by the way. I have some pretty good relationships over there and maybe I could help you there too, so yes, I'll be amenable to a different kind of CRA but not as part of this one. Vice Chair Russell: Thank you. I'll be in favor of a finding of necessity for Allapattah. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: Seeing no further discussion, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Mr. Hannon: Motion passes 4-1, with Commissioner Reyes voting "no. " Commissioner Carollo: Now when are we going to talk about creating a CRA for Little Havana? Chair Hardemon: RE.19. Commissioner Carollo: I'm teasing. RE.19 RESOLUTION 7118 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S Commissioners DEPARTMENT OF HOUSING AND COMMUNITY and Mayor DEVELOPMENT'S SINGLE FAMILY REHABILITATION PROGRAM ("PROGRAM") POLICY IN ORDER TO CHANGE THE MAXIMUM VALUE OF THE PROPERTIES THAT ARE QUALIFIED TO BENEFIT FROM THE PROGRAM, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, WHILE USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS WELL AS STATE HOUSING INITIATIVE PROGRAM FUNDS; 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-20-0046 City of Miami Page 142 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo NAYS: Reyes Chair Hardemon: RE.19. Commissioner Carollo: What number did you say? Chair Hardemon: 19. Vice Chair Russell: I'll move it. Commissioner Carollo: Okay. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Diaz de la Portilla: I'll second. Chair Hardemon: Moved and seconded. Any discussion? Victoria Mendez (City Attorney): This is Commissioner Reyes' item on the state housing initiatives and -- Chair Hardemon: Any discussion? Commissioner Diaz de la Portilla: None. Chair Hardemon: Hearing none, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.20 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, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item RE.20 was deferred to the Februaty 24, 2020, City Commission Meeting. City of Miami Page 143 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: All right, you have RE.20, salary and emoluments of the Mayor that there's a companion item, DI.13, outside employment of the Mayor. Wish your wife a happy birthday for me. And we're going to put that and defer it to the next meeting. Mayor Suarez: No, I would prefer to deal with it now, if you don't mind. Commissioner Carollo: We'll defer that to the next meeting. It's going to take long. It's going to take more than 45 minutes alone, and I want to deal with some of the others that I've waited a lot longer in the past, and I've had here for some time. So let me -- if I could go into those, and Chair, you had said after we would come back from lunch we could deal with them. Let me see what I have here. Chair Hardemon: Before we -- all right. So what are we going to do with -- are we going to -- there's a motion and there was a second -- Commissioner Reyes: That's right. Chair Hardemon: -- to defer -- Commissioner Reyes: We're going to -- Chair Hardemon: -- RE.20 and -- Commissioner Reyes: RE.20, I move it. Chair Hardemon: -- DI 13 -- Commissioner Carollo: Yeah. Chair Hardemon: -- I believe. There's a motion and a second. Any discussion on that motion and second? Commissioner Carollo: No. Chair Hardemon: Seeing none, all in favor -- Todd B. Hannon (City Clerk): Chairman -- Chair Hardemon: What meeting? Mr. Hannon: Yes. Chair Hardemon: Yeah, what meeting is it that we're trying to move this to? Mr. Hannon: Thank you. Commissioner Carollo: 24th is fine, but if you'd like, you know, we can do it on March 12. Chair Hardemon: I know, Mr. Mayor, you want to handle it today, but what meeting would you prefer? Mayor Suarez: I mean, I'd like for you to just withdraw them. I don't see the purpose of them, you know, frankly. If you really want to give her a present, you'll withdraw, you know. I think my wife is -- City of Miami Page 144 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Are you still inviting me to the trip or not? Mayor Suarez: Well, I -- we just got some more money in the budget. Actually, I just lost 25 grand so -- Commissioner Carollo: Well, now we know who the real Manager is, but my god, we've gone through four managers in the last month; Emilio, Napoli, Zerry and now we've got Fernando. We got anybody else for tonight or is that it? Mayor Suarez: This is an open interview. This is an open interview process. Commissioner Carollo: You know. Ms. Mendez: (INAUDIBLE). Mayor Suarez: This is an open interview process. We're interviewing -- Chair Hardemon: I don't know. Commissioner Carollo, this is going to be the quickest City Manager you've ever seen in the history of City Managers. Commissioner Carollo: I would approve you like this for City Manager, except one little problem. The Charter says you got to be out of office for two years. That Charter, yeah. All right. Let me go to one that -- Commissioner Reyes: Can you veto that? Can the Mayor veto that? Commissioner Carollo: Not the Charter. When the Charter is specific, nobody could veto it This is a resolution of the Miami -- Chair Hardemon: Well, before -- so we had a motion and a second on a deferral to the next meeting, which is the -- Commissioner Carollo: 24th. Chair Hardemon: -- 24th. Mr. Hannon: February 24? Mayor Suarez: Deferred indefinitely. Commissioner Carollo: February 24. Chair Hardemon: You think we'll make it out by dinnertime on February 24? Commissioner Carollo: I think so. Chair Hardemon: Okay, I hope so. Commissioner Carollo: It's not that much. Chair Hardemon: I have plans. Commissioner Carollo: Plus, we're going to have a new Manager. Chair Hardemon: Seeing no -- Commissioner Carollo: I think. City of Miami Page 145 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: We've already opened up the floor. No further comment. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.21 RESOLUTION 7163 A RESOLUTION OF THE MIAMI CITY COMMISSION DE - ALLOCATING ANTI -POVERTY INITIATIVE ("API") FUNDS Commissioners PREVIOUSLY AWARDED IN AN AMOUNT NOT TO EXCEED FIVE and Mayor HUNDRED THOUSAND DOLLARS ($500,000.00) PURSUANT TO RESOLUTION NO. 19-0350 ADOPTED ON SEPTEMBER 12, 2019; REALLOCATING FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE DISTRICT 1 COMMISSIONER'S OFFICE SHARE OF THE CITY OF MIAMI'S API FUNDS. ENACTMENT NUMBER: R-20-0047 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: RE. 21. Commissioner Carollo: 21 is -- is that one of yours? Commissioner Diaz de la Portilla: These are -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: This is half a million dollars that was allocated by the former Commissioner that I want to bring back to my office so I could consider and -- Commissioner Carollo: You have a right to; it's been done before. Commissioner Diaz de la Portilla: And we can reallocate them, perhaps, to different entities. Chair Hardemon: Commissioner -- Commissioner Carollo: There's a motion. There's a second. Chair Hardemon: It's been properly moved. I'll take the motion from Commissioner Carollo; second from the district Commissioner. I'll admit to you, the money that he was using it for was a noble thing. I know that you're going to use it for something just as equally as noble. Commissioner Diaz de la Portilla: Always. City of Miami Page 146 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: It gives me a little heartburn, you know, because that is what it is, but I trust you. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: And you're the district Commissioner. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: So I'm going to roll with what you, believe. Commissioner Diaz de la Portilla: I trust you, too. Chair Hardemon: All right, absolutely. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: Any further discussion? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I also have heartburn on this simply because I am so aware of the good work that this organization does, and I'm a big supporter of them. Every dollar I have that can go towards single-family home renovation, I trust them with it. And if you aren't very well associated with them, I really hope that you do get to know them, because they can do a lot of good in your district, and they're very accountable with the funds, and the residents that need it really get it, and they leverage the money. They -- if we give them a dollar, they turn it into four, six, seven dollars, and it's a very good organization. And that's why it's difficult for me, because I stood with the previous Commissioner when he allocated these funds. I know that was on the way out. He didn't -- it didn't get spent before he left and here it is so. Commissioner Diaz de la Portilla: I think he allocated it right before he left. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: Which he shouldn't have done, because he knew he was leaving, so he should respect the will of the people. They were electing a new Commissioner and let that new Commissioner, as the duly elected Commissioner from that district, determine what happens and what are worthy organizations, and which organizations are not worthy. It's sort of like a bit disrespectful if a Commissioner knowing he's on the way out allocates remaining dollars from his API (Anti -Poverty Initiative) fund because he knows he's on the way out and not giving any consideration. He could have called me and asked me, "What do you think?" You know, being the guy coming in or called any of the candidates. He didn't do that. He decided to do it on his own. Well, now we take it back and I'm glad you trust me, Commissioner Hardemon. I've always known how to spend public dollars well. Thank you. Chair Hardemon: Seeing no further discussion, all in favor say "aye. " The Commission (Collectively): Aye. City of Miami Page 147 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: All against? Motion passes. END OF RESOLUTIONS City of Miami Page 148 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 SR - SECOND READING ORDINANCES SRA ORDINANCE Second Reading 6924 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO CREATE NEW DIVISION 25/SECTIONS 2-1350, TO BE TITLED "LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD", TO PROVIDE FOR THE COMPOSITION AND DUTIES OF THE BOARD AND OTHER RELATED MATTERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13891 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For additional minutes referencing Item SR.], please see "Public Comment Period for all Item(s). " Chair Hardemon: So now we're on our second reading ordinances. Madam City Attorney, can you read into the record SR. 1 ? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: So the only thing I'll say about this, gentlemen -- because I know this is going to be a quick one; I'll just jump ahead -- is that I believe that the LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) -- I'll just say PLUS -- organization has the same task -- they fight the same issues. It's really all about human rights, civil rights. And with that, I think they would be an amazing partner with the Civilian Investigative Panel, which also fights human and civil rights. I think it'll help ampler each of their voice to show solidarity, and that's why I would always recommend in this instance to bring those two committees together to speak in one voice. Vice Chair Russell: Did you say CIP (Civilian Investigative Panel) ? Chair Hardemon: I think it's CIP, isn't it? Vice Chair Russell: That's the police oversight. Chair Hardemon: No, not that one. The civilian -- Vice Chair Russell: You mean CAB (Community Advisory Board) -- CRB (Community Relations Board) ? City of Miami Page 149 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: What is it called? Vice Chair Russell: Community Relations Board -- Chair Hardemon: CRB, I apologize. Vice Chair Russell: -- or Community Advisory Board? Chair Hardemon: It's too many acronyms, too many acronyms. Vice Chair Russell: You meant CRB, yep. Chair Hardemon: CRB, yeah. Thank you for correcting that on the record. Is there a motion on the floor? Vice Chair Russell: So moved. Chair Hardemon: Does it include my amendment? Does it include my amendment? Vice Chair Russell: The amend -- Commissioner Carollo: No. Chair Hardemon: My amendment. Commissioner Carollo: No. Vice Chair Russell: The amendment to join it with another board? No. Commissioner Carollo: No. Vice Chair Russell: Sorry, Todd. Chair Hardemon: Look, at least I did it slowly so you could understand exactly what I was doing, right? It's been properly moved. I believe it was seconded. Commissioner Reyes: Yes. Chair Hardemon: Who is the seconder? Commissioner Reyes: Yes. Commissioner Carollo: I did. Chair Hardemon: Commissioner Carollo. Any further discussion? Commissioner Diaz de la Portilla: No. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Commissioner Carollo: I'd like to do a pocket item in the same spirit of what you're talking about. City of Miami Page 150 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: You just voted against my pocket item. Commissioner Carollo: Since we have rotated Assistant City Managers to be Managers, and we're in violation of the Charter, because we haven't approved any one of them, I'd like to make a motion that we ask Ms. Sandra Bridgeman to come up and be the City Manager for the remaining part of the day. Chair Hardemon: I don't think -- Sandra Bridgeman (Assistant City Manager): (INAUDIBLE) midnight shift. It's not midnightyet. Chair Hardemon: Motion dies for lack of second. Can you read into the record SR. 2? Commissioner Carollo: I tried. I tried. SR.2 ORDINANCE Second Reading 6663 AN ORDINANCE OF THE MIAMI COMMISSION, WITH Commissioners ATTACHMENT(S), AMENDING CHAPTER 6/ARTICLE I OF THE and Mayor CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY "ANIMALS/IN CODE"), TITLED GENERAL;" MORE PARTICULARLY BY AMENDING SECTION 6-4, TITLED "SHOOTING, TRAPPING, ETC., BIRDS PROHIBITED; EXCEPTION," TO ALLOW FOR THE RELOCATION OF PEAFOWL, A FLORIDA NON-NATIVE SPECIES, IN A MANNER THAT DOES NOT PHYSICALLY INJURE OR HARM THE PEAFOWL; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO IMPLEMENT A PEAFOWL MANAGEMENT PLAN TO RELOCATE PEAFOWL IN A HUMANE MANNER, SUCH MANAGEMENT PLAN SHALL BE SIMILAR TO THE PLAN DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13892 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 additional minutes referencing Item 8R.2, please see "Public Comment Period for all Item(s). " Chair Hardemon: Madam City Attorney, read into the record SR. 2. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: So moved. City of Miami Page 151 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: It's been properly moved, seconded by the Chair. This is another one I think is going to move pretty quickly. But Madam City Attorney, I'd like to ask if this ordinance can be extended to include chickens. Victoria Mendez (City Attorney): At this point, I don't -- Commissioner Carollo: No way. Chair Hardemon: Wait, wait now. Wait, wait, wait, wait. Unidentified Speaker: No, no, no, no. Chair Hardemon: Let me finish. Let me finish my point -- Commissioner Carollo: They're sacred. Chair Hardemon: --my request. Commissioner Carollo: Just like the cows in India; they're sacred. Chair Hardemon: Not all of them. Commissioner Carollo: Especially roosters. Chair Hardemon: Not all of them. Commissioner Diaz de la Portilla: Roosters, roosters. Chair Hardemon: Not all of them. Commissioner Carollo: That's war. Chair Hardemon: The chickens,I would dare to say, having researched it -- and I am not a scientist. But I would dare to say chickens are in the bird family -- Commissioner Diaz de la Portilla: Yeah. Chair Hardemon: -- such as peafowl. Commissioner Reyes: Oh, they're cousins. Chair Hardemon: And -- Vice Chair Russell: Exotic? Chair Hardemon: -- they are -- they cause great disturbances in certain neighborhoods. Some of them crow at the same time. Commissioner Carollo: And people love to hear them crow. Chair Hardemon: The people who love to hear -- Commissioner Carollo: Everybody loves to -- Chair Hardemon: -- what is the sound the peacock makes? Commissioner Carollo: -- hear them crow. City of Miami Page 152 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: But so my question is, can this legislation also include chickens? Commissioner Carollo: No. Chair Hardemon: And if not, tell me -- Commissioner Carollo: Let me tell you -- Chair Hardemon: -- why not. Commissioner Carollo: -- the difference between the chicken and the peacock. The peacock -- Commissioner Diaz de la Portilla: Peafowl. Commissioner Carollo: -- you see why it's got such a little head? The brain is even smaller. The roosters, they're smart, they're courageous. Commissioner Diaz de la Portilla: They're fighters. Commissioner Carollo: Yeah, that's right. Chair Hardemon: I'm not talking about roosters. I'm talking about chickens. Commissioner Carollo: No, no, no, no, no, no. Yeah, but chickens -- Chair Hardemon: The ones that lay eggs. Commissioner Carollo: -- create roosters. Chair Hardemon: That's an argument that goes way back. Is it the chicken -- Commissioner Reyes: Or the egg. Chair Hardemon: -- is it the egg? Commissioner Carollo: Chief, step in. Ms. Mendez: I would have to look at the -- Chair Hardemon: I mean, we allow the giant roosters to be wherever they are in various parts of our district. But the ones, you know, that cause my residents that give me a call about chickens and the proliferation of chickens in the neighborhood - - look, I -- when I was a kid, there was a chicken that was on our -- we had lots of chickens, first of all. So I can tell you some of the things that involved chickens that we've been apart of. But I will say that there was one chicken that we actually gave a name to. He had one leg and we called him One Leg Willie, so I'm very familiar with chickens growing up in the City of Miami. But increasingly so, they're becoming an issue for people, as well. They're not as beautiful as the peacock that I found one next door to my home. It's no longer there anymore but they are still nuisances to the community if they are wild and about. They're free-range chickens in the City of Miami. You're recognized, sir. Vice Chair Russell: Thank you, Mr. Chairman. So there is one very big difference between chickens and peafowl that is what really spurred me to bring the legislation, because I'd really held off until then, and it's property damage to an extent you City of Miami Page 153 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 wouldn't believe. Mr. Bill Talbert brought his Toyota Prius here today to show us what has been done. Chair Hardemon: But see -- Vice Chair Russell: And if you can see -- I just want you to see one car in this one neighborhood what is happening to it. Chair Hardemon: But that -- Ms. Mendez: The definitions are different. Vice Chair Russell: I'm sorry, Madam. Ms. Mendez: I'm sorry. Chair Hardemon: No, I -- Vice Chair Russell: So what -- because of the proliferation, because they're so aggressive during the mating season, because there's so many males, they see their reflection in cars and they scratch -- and that's not just one door. It's going all the way around. He needs a complete new paint job. It's going to be thousands of dollars. So when it came to property damage, that's when I knew we had to take some sort of action here to regulate. Commissioner Carollo: Were you looking at them when they went against the window of the car? Vice Chair Russell: I have video. Commissioner Carollo: Maybe it wasn't the reflection. Chair Hardemon: I dare to say that our dear executive director's car, his paint job is not worth thousands of dollars. He better go to Maaco, first. Second, we don't have any proof that chickens did this. This could have been the back of your pants as you, you know, were on the car or a jealous lover, right? They tend to key cars, as well. I want to know, can we get chickens in there? Commissioner Carollo: Well -- Chair Hardemon: Any chickens? Tell me why; tell me why not. Ms. Mendez: Okay. Right now in our restrictions on keeping poultry, fowl or grazing animals, our definition for fowl is live (UNINTELLIGIBLE) -- I'm mispronouncing it. Peafowls, pheasants, pigeons, et cetera. Then poultry is live chickens, turkeys, ducks and geese. The -- this whole section that we've been talking about the whole time was having to do with the peafowl. I mean, if you are going to determine that you think it's one and the same and it wouldn't be an issue, we just haven't -- we've been talking about peacocks the whole time. Everything that we've done has been studies about peacocks, the amount of peacocks in a particular area, the amount of peacocks that are breeding in the Grove. So we've just been really specific to the peacocks. I would think that -- Vice Chair Russell: Please, Commissioner. I believe I have the votes to control peafowl. You bring chickens into this, I may lose some votes here. Commissioner Carollo: Commissioner Hardemon -- City of Miami Page 154 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Say no more. Commissioner Carollo: -- let me give you some political advice if I can. I've had just a little bit of experience. Chair Hardemon: Okay. Commissioner Carollo: You have about 30 percent of the new district that you're looking at that's Hispanic, more or less, 29, 30 percent. Chair Hardemon: You've been doing your research on that district. Commissioner Carollo: Yeah, in case I got to get into it. Chair Hardemon: I heard you're teaming up. Commissioner Carollo: Not -- I'm not teaming up -- Chair Hardemon: Not yet? Commissioner Carollo: -- with anybody. I'm independent. Chair Hardemon: Okay. Commissioner Carollo: If not, ask the newest Commissioner. I'm independent. Commissioner Diaz de la Portilla: Somewhat, yes, I've heard. Commissioner Reyes: Somewhat. Commissioner Carollo: But I don't know what the percentage of Haitians are, but I would imagine it's maybe 15 percent at least. Now you're at 45 percent of two groups that I know love chickens and roosters. You know, I'd suggest maybe you forget about that for now. Chair Hardemon: Are you saying blackpeople love chickens and roosters? Commissioner Carollo: No, no, no, no, no. I'm saying Hispanics -- Chair Hardemon: I'm messing with you. Commissioner Carollo: I'm saying -- Commissioner Carollo: -- Caribbean people. Chair Hardemon: No, of course. They use it for religious ceremonies, et cetera. Commissioner Carollo: No. Chair Hardemon: I understand that but -- Commissioner Carollo: It's got nothing to do with that. It's got to do with the eggs, the eating, in some cases. Chair Hardemon: Some (UNINTELLIGIBLE), yeah. Commissioner Carollo: And just basically -- City of Miami Page 155 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: People have chicken coops. Commissioner Carollo: -- they grew up with them. They like it. They enjoy it and it's got, you know, nothing to do with that, except for a small group, very small. Chair Hardemon: I understand. So then we move on. It was properly moved. It was a motion and second. Commissioner Carollo: The most delicious stuff is getting a freshly laid egg from a chicken. It's great. Try it sometimes. Chair Hardemon: I've had fresh -- I told you I grew up in Liberty City. We had chickens and we did capture the eggs. So -- Commissioner Carollo: Have you ever had an egg from a peacock, Commissioner Russell? See. Vice Chair Russell: It's a delicacy. Commissioner Carollo: You can't find it. Chair Hardemon: Seeing no further discussion on the issue, Mr. Talbert, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Congratulations. We still won't reimburse you for your paint job on your car. It has to be -- what is that, a Prins? Unidentified Speaker: A hybrid. Chair Hardemon: A hybrid. I knew it, see. SR.3 ORDINANCE Second Reading 6925 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING Commissioners CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES;" MORE PARTICULARLY BY CREATING A NEW SECTION 4-13, TITLED "ENFORCEMENT," TO PROVIDE THAT AN ALCOHOL SERVICE ESTABLISHMENT SHALL NOT BE ENTITLED TO THE WAIVER OF ANY DISTANCE REQUIREMENTS PROVIDED IN SECTIONS 4-4 THROUGH 4-6 OF THE CITY CODE WHEN THE OWNER, AGENT, OR EMPLOYEE OF THE ALCOHOL SERVICE ESTABLISHMENT HAS PROVIDED TO THE CITY OF MIAMI AN ALCOHOL SURVEY THAT IS FRAUDULENT OR FALSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13893 City of Miami Page 156 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 ,,,,,,,,,,,,,,,, .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. 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. For additional minutes referencing Item SR.3, please see "Public Comment Period for all Item(s). " Chair Hardemon: SR.3. Madam City Attorney, can you read it into the record? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Commissioner Carollo: Move. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Diaz de la Portilla: Second. Chair Hardemon: Moved and seconded. Any further discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. SRA ORDINANCE Second Reading 6918 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33(C)(1) OF THE CODE OF Commissioners THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED and Mayor "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO EXPRESSLY PROVIDE THAT AN ELECTED OFFICIAL MAY PLACE AN ITEM ON THE CITY COMMISSION AGENDA AT ANY TIME UP TO NOON ON THE DAY THAT THE AGENDA IS REQUIRED TO BE PRINTED IN ACCORDANCE WITH SECTION 2-33 (F) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13894 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For additional minutes referencing Item SR.4, please see "Public Comment Period for all Item(s). " City of Miami Page 157 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Madam City Attorney, SR. 4. Victoria Mendez (City Attorney): SR. 4. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Commissioner Carollo. Ms. Mendez: I thought -- Commissioner Carollo: I just need to make an amendment on that, except for this next meeting. Ms. Mendez: I just -- I don't believe that we picked the exact -- or were able to edit this with the exact date. I believe that the suggestion was seven business days before, which would usually place you on the Monday at noon. Seven business days before at noon, and then that would take into account a holiday. So when you have a Monday -- Chair Hardemon: How about this just goes into effect -- this only goes into effect after the Mayor has signed it. So either we do it -- we make it go into effect given a certain day, which is after the meeting date. Vice Chair Russell: That's not what she's saying. Chair Hardemon: No, I'm saying but -- we're worried about this next meeting date, correct? Vice Chair Russell: That's not what she's talking about. Chair Hardemon: No? Okay, then I'm sorry. Ms. Mendez: No, no. This is for the print deadline. Vice Chair Russell: I'll proffer a fi^iendly amendment to that effect. It basically -- because there's vagueness in the language when it just says "noon on the print day. " We don't have an established print day. So if we establish a date in the legislation, seven business days before Commission day at noon will be the print day. Ms. Mendez: And that's usually the Monday -- Vice Chair Russell: I'll second your motion and I'll (INAUDIBLE). Ms. Mendez: -- at noon -- Commissioner Carollo: Thank you. Ms. Mendez: -- or the Friday at noon if there's a Monday holiday. Commissioner Carollo: With the clarification made, thank you. Chair Hardemon: So the resolution has been modified. Commissioner Carollo: Yes. Chair Hardemon: Mover and seconder agree. City of Miami Page 158 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: The ordinance has been modified. Chair Hardemon: Right, correct. Any further discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Vice Chair Russell: As amended. Chair Hardemon: As modified. SR.5 ORDINANCE Second Reading 6893 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO CREATE A NEW SECTION 2-894 TITLED "MEETINGS", TO PROVIDE THAT ABSENT EXPRESS APPROVAL OF THE MIAMI CITY COMMISSION, NO MEETINGS OF ANY CITY BOARDS, COMMISSIONS, COMMITTEES, OR TASK FORCES SHALL OCCUR ON ANY HOLIDAY RECOGNIZED BY THE CITY OF MIAMI OR BY THE FLORIDA SUPREME COURT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13895 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, read SR. 5 into the record, please. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move. Vice Chair Russell: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Hearing none, all in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 159 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 6874 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2/ARTICLE XI/DIVISION 4 OF THE CODE OF THE CITY and Mayor OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "AUDIT ADVISORY COMMITTEE;" MORE SPECIFICALLY BY AMENDING SECTIONS 2-946 THROUGH 2-951 OF THE CITY CODE; FURTHER AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE, TITLED "CITY OF MIAMI PROCUREMENT ORDINANCE," TO ADD A NEW SECTION 18-122; AND FURTHER AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CITY CODE, TITLED "FINANCIAL INTEGRITY PRINCIPLES;" MORE SPECIFICALLY BY AMENDING SECTIONS 18-541 THROUGH 19- 542 OF THE CITY CODE, ALL REGARDING EVALUATION COMMITTEES FOR SOLICITATIONS FOR INDEPENDENT EXTERNAL AUDITORS FOR COMPLIANCE WITH SECTION 218.391, FLORIDA STATUTES (2019), TITLED "AUDITOR SELECTION PROCEDURES," AND FOR GENERAL HOUSEKEEPING CLEAN-UPS OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item FR.] was continued to the March 12, 2020, City Commission Meeting. Chair Hardemon: Mr. Manager, is there any time --for FR.1, is there a requirement that this needs to be done immediately, or can we push it to another agenda? Unidentified Speaker: No immediate need, sir. Chair Hardemon: Okay. So what I want to do is not this next meeting that we have in the short run, but the -- so not the February 24 meeting, but the March -- the first March meeting. Is that fine? Unidentified Speaker: March 12? Chair Hardemon: Yes. Unidentified Speaker: Yes, sir. Chair Hardemon: So what I would request is a motion to continue this to the March 12 meeting. Vice Chair Russell: So moved. City of Miami Page 160 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Just to give it some more thought. It's been properly moved, seconded by the Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. FR.2 ORDINANCE First Reading 6900 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX;" MORE PARTICULARLY BY AMENDING SECTION 31-51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO REQUIRE SITE PLAN APPROVAL FOR FOOD TRUCKS ON PRIVATE PROPERTY THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A WEEK; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING FOR AN EXEMPTION OF SUCH REQUIREMENTS FOR PROPERTIES USED BY RELIGIOUS INSTITUTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN 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 FR. 2, please see "Order of the Day" and "Public Comment Period for all Item(s). " City of Miami Page 161 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 FR.3 ORDINANCE First Reading 6789 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, and Mayor AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES", BY "FLORIDA-FRIENDLY ADDING ARTICLE VII, TITLED FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA- FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item FR.3, please see "Public Comment Period for all Item(s). " Vice Chair Russell: I'll move FR.3, Mr. Chairman. Chair Hardemon: It's been properly moved, FR.3. Madam City Attorney, can you read it into the record, please? Vice Chair Russell: Fertilizer. Victoria Mendez (City Attorney): FR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Madam City Attorney. Ms. Mendez: And you're a cosponsor to this one, yeah. Commissioner Reyes: I want to cosponsor this. Chair Hardemon: I think you need a degree to follow this legislation but that's neither here nor there. It has been properly moved by the Commissioner from our second district. Is there any other Commissioner that would like to be recognized as a second? Commissioner Reyes: Second. Chair Hardemon: Second by Commissioner Reyes. All in favor, say "aye. " Todd B. Hannon (City Clerk): And Chair, again, just for the record, Mayor Suarez also wanted to be a cosponsor, which was mentioned earlier. Chair Hardemon: All in favor, say "aye." City of Miami Page 162 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. FRA ORDINANCE First Reading 7096 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE Commissioners CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED and Mayor "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT ANY LEGISLATION INVOLVING THE ESTABLISHMENT OR CESSATION OF A POLICY SPONSORED BY THE CITY MANAGER SHALL ADDITIONALLY REQUIRE SPONSORSHIP FROM AN ELECTED OFFICIAL; PROVIDING 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: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon, Russell Chair Hardemon: Can you read FR. 4 into the record, please? Victoria Mendez (City Attorney): FR. 4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This item also has an amendment, an additional amendment by Commissioner Reyes, who is the sponsor. If I could read that into the record? "The City Manager, including any department the City Manager has authority over, may also place an item on the agenda if cosponsored by an elected official, except for the following, which shall not require co-sponsorship: Non -legislative ministerial agenda items, such as plats, awards of contracts, comprehensive plan amendments not involving City property or in which the City is not an applicant or co -applicant; quasi-judicial items, such as appeals, re -zonings and the like. " And I'm sorry. I read you the whole paragraph for completion, but the only two words --four words that we're adding is "grant items, budget items, " and then it continues the same: "Or emergency items which involve serious public health and safety concerns. A single Commissioner may not sponsor more than ten consecutive agenda items originated from the City Manager requiring that all Commissioners be provided the right to sponsor such legislation on a rotating basis. " Thank you. Chair Hardemon: It's been properly moved by Commissioner Reyes. Is there a second? Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Seeing none, all in favor say "aye. " The Commission (Collectively): Aye. City of Miami Page 163 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Motion passes. Vice Chair Russell: No, no, no. I'm against. Chair Hardemon: Okay, two "nos." Nicole Ewan (Assistant City Clerk): That's 312, with Chair Hardemon and Vice Chair Russell voting "no. " Vice Chair Russell: Yeah. Just for the record, I really believe we should be able to sponsor as many items as we want in any given amount of time. Commissioner Reyes: You don't understand what I'm saying. Vice Chair Russell: I do. Commissioner Reyes: (INAUDIBLE). Chair Hardemon: Press it again. Commissioner Reyes: As many as you want This is not to be surprised as we have been for so long that we learn about any -- an ordinance, you see, that comes before us, and we never seen it until the day that we have agenda prep. It doesn't mean that you cannot -- you can sponsor whatever you want, you see, as many as you want. But this is that we cannot be -- this is just we have to be informed. We have to be informed. We cannot be surprised. And this is due to the fact that I have learned of ordinance almost a day before we have to vote for it, you see, and that's what I am looking for. What I'm looking is for information. Let me know what's going on before you place it on the agenda. Let us know. And anybody can sponsor. I mean, it doesn't limit the amount that you can sponsor. You can sponsor whatever you want, you see. But nothing can go to the agenda before it has a sponsor, okay? Chair Hardemon: Okay. Commissioners, this may be a good time to go into the -- Commissioner Carollo: Please, I wanted to invite you to dinner tonight. Commissioner Reyes: He's buying tonight. Commissioner Carollo: They didn't bring dinner for you. If you wait a little longer, my treat. I'll take you all to dinner. Unidentified Speaker: Maybe next time. Commissioner Carollo: Yeah. This way you get to see Little Havana. Chair Hardemon: This might be a good time for us to go into the session. Commissioner Reyes: You understand now, Commissioner Russell? Unidentified Speaker: Thankyou. Commissioner Reyes: You understand? Vice Chair Russell: Yes. I still disagree. Commissioner Reyes: It is -- it doesn't limit the number of -- that you -- City of Miami Page 164 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Madam City Attorney. Commissioner Reyes: We must have -- you must he informed of what's going on, and if you want to sponsor, you sponsor it, okay? FR.5 ORDINANCE First Reading 6841 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE Department of CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND Resilience and SIDEWALKS/IN GENERAL/PLACING SIGNS, ADVERTISEMENT, Public Works OR DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY ESTABLISHING STANDARDS BY WHICH COMMUNICATION KIOSKS WITH ADVERTISEMENTS MAY BE PERMITTED ON THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item FR.5 was continued to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item FR.5, please see "Order of the Day. " END OF FIRST READING ORDINANCES City of Miami Page 165 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 AC - ATTORNEY -CLIENT SESSION ACA ATTORNEY -CLIENT SESSION 7167 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 PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL, JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE - CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Madam City Attorney, do you need to read something into the record so we can walk up to the -- Victoria Mendez (City Attorney): Yes, Chairman. Chair Hardemon: -- City Manager's room? Ms. Mendez: Yes, Chairman. Thank you. On December 12, 2019, under the provisions of Section 286.01](8) Florida Statutes, I requested the City Commission meet in a private session to discuss pending litigation in the case of West Flagler Associates, Limited versus City of Miami, Case Number 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. The City City of Miami Page 166 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commission approved my request, and now, at approximately 7 pm., commence a private attorney -client session under the parameters of Section 286. 01 ] (8) Florida Statutes. This private meeting will 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 -- scratch that -- 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 that the session is fully transcribed and the transcript will be made public upon the conclusion of the above -cited, ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you. Nicole Ewan (Assistant City Clerk): And for the record, this meeting stands in recess for the attorney -client session. Later... Unidentified Speaker: We just have two PZ (Planning & Zoning) items? Chair Hardemon: Yeah, we have two PZs. Ms. Mendez: So if we could table -- everybody please remember this script, because you just heard it, and I will just say the new time change when we go up. Later... Commissioner Carollo: What's left? Chair Hardemon: Is the court -- Ms. Mendez: The court reporter is here. Chair Hardemon: --reporter here? Ms. Mendez: The court reporter's here. I just need to -- Chair Hardemon: Amend the time. Ms. Mendez: Yes. So I apparently said the date wrong. So on January 23, 2020, I requested the City Commission to meet. And now, at approximately 7:59, we will commence our attorney -client session. Chair Hardemon: So the meeting's in recess -- Ms. Mendez: Yes. Chair Hardemon: --until then. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: You're welcome. Later... City of Miami Page 167 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Calling the February 13, 2020 meeting back into order. Call our attention to, I believe, RE.14. Ms. Mendez: Yes, RE.14. Chair Hardemon: Is there a motion? Ms. Mendez: Chairman, that's a settlement. Chair Hardemon: Is there a motion on RE.14? Todd B. Hannon (City Clerk): Madam City Attorney, my apologies. You normally just make a quick statement that the attorney -client session has ended. Ms. Mendez: The attorney -client session ended and we're back. I believe the Chairman said -- Mr. Hannon: Yes. Ms. Mendez: -- something that -- Mr. Hannon: Sorry. Ms. Mendez: -- gets us there, more or less. Thank you for making the record clear, super clear that we're done. City of Miami Page 168 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 AC.2 ATTORNEY -CLIENT SESSION 6995 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE Attorney CONDUCTED AT THE FEBRUARY 13, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Withdraw RESULT: WITHDRAWN 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 AC 2, please see "Order of the Day. " END OF ATTORNEY -CLIENT SESSION City of Miami Page 169 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC - BOARDS AND COMMITTEES BCA RESOLUTION 6894 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MEMBERS OF Office of the City THE MIAMI CITY COMMISSION AS VICE -CHAIRPERSON AND/OR MEMBERS ON Clerk VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS VICE CHAIRPERSON: Commissioner Joe Carollo of the Midtown Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Keon Hardemon of the Florida League of Cities Commissioner Alex Diaz de la Portilla of the Miami -Dade County League of Cities Commissioner Alex Diaz de la Portilla of the Miami River Commission ENACTMENT NUMBER: R-20-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Nicole Ewan (Assistant City Clerk): And we do have BC.1, which is the Commission as members of different agencies and outside agencies. We do have pending the Vice Chair of the Midtown CRA (Community Redevelopment Agency), a member to the Florida League of Cities, a member to the Miami -Dade County League of Cities, and a member to the Miami River Commission. Chair Hardemon: So I think Commissioner Gort was a former member of the Miami -Dade County League of Cities, so that's available for the district Commissioner if he chooses, I guess. Victoria Mendez (City Attorney): I believe, Chairman, you're about to be president. Chair Hardemon: Right. Ms. Mendez: So you need to stay on there. Chair Hardemon: Well, so actually, I'm not the appointee from the City. Ms. Mendez: Oh, okay. Chair Hardemon: I was once appointed through the City, and then when I became an executive board member, I'm now on it through that board. Commissioner Reyes: Mr. Chair, can -- City of Miami Page 170 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: So we get two. Commissioner Reyes: -- I nominate Commissioner Diaz de la Portilla to the League of Cities? Chair Hardemon: Sure, Miami -Dade County League of Cities, correct. And then for the Florida League of Cities, though, I am the appointee there. And on that -- on the Florida League of Cities, I am -- Commissioner Reyes: Florida. Chair Hardemon: -- on the -- Correct. Commissioner Diaz de la Portilla: I nominate you. I nominate you. Commissioner Reyes: Florida League of Cities. Chair Hardemon: So is it -- there's two. Is there one more? Commissioner Reyes: There is Dade -- Chair Hardemon: The Midtown. Ms. Ewan: The Midtown CRA, there's pending the Vice Chair and the Miami River Commission is pending a member. Chair Hardemon: I know the Miami -- Commissioner Carollo: Do you want me to sacrifice myself and join you in Midtown? Vice Chair Russell: Welcome, welcome. Chair Hardemon: You know, if there's -- Vice Chair Russell: Much work to do there. Commissioner Carollo: No one's offering so I, you know -- Chair Hardemon: Commissioner, I know that I was approached about the Miami River Commission, because the river touches my district as well. But you have parts of your district that touch the river, as well, don't you? Commissioner Diaz de la Portilla: Yeah, I have a big chunk. Chair Hardemon: So -- Commissioner Diaz de la Portilla: 7th Avenue to 37th. Commissioner Carollo: Well -- Chair Hardemon: So what do we want to do there? Commissioner Carollo: What do I want to do with what? Chair Hardemon: No, what do we want to do with the River Commission? City of Miami Page 171 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Look, I'm not getting involved. I don't want anything else. You guys decide. Whatever you guys decide, I'm fine with. Commissioner Diaz de la Portilla: I'll take it. I'll take it if you don't want, because I need to redevelop -- my part is -- your part's already developed. Chair Hardemon: It's -- and more is coming. Commissioner Diaz de la Portilla: It's coming around, but my part needs a lot of help, so I can work with my former opponent, Horacio Aguirre, on that Miami River Commission. I'm sure he would enjoy that so it's an important -- Commissioner Carollo: Well, you know -- Commissioner Diaz de la Portilla: -- part of my -- Commissioner Carollo: -- he's one of your nicer opponents. Commissioner Diaz de la Portilla: I know, right? Commissioner Carollo: The other two guys --- Commissioner Diaz de la Portilla: You have to look at the whole lot, right? Commissioner Carollo: -- they're showing up at these press conferences and they got eight people and they're -- Commissioner Diaz de la Portilla: Wow. Commissioner Carollo: -- 25 percent of the press conference. Commissioner Diaz de la Portilla: I had two former opponents show up at the press conference on Tuesday. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Wow. Commissioner Carollo: Now, this is all your fault. I helped you and now they come at me, you know. Commissioner Diaz de la Portilla: Is that the reason? Commissioner Carollo: Helping you -- Commissioner Diaz de la Portilla: Is that the reason? Commissioner Carollo: --(INAUDIBLE) me. Chair Hardemon: So then the total motion that will be made, I have the mover as Commissioner Diaz de la Portilla and as the Chairman, I'll second the motion. It is for -- it's Midtown CRA Vice Chairman, Ken Russell; the River Commission, Commissioner Diaz de la Portilla; the Miami -Dade County League of Cities, Commissioner Diaz de la Portilla; and the Florida League of Cities, myself, Keon Hardemon. City of Miami Page 172 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Ewan: Just to confirm, Chair, I heard the Vice Chair of the Midtown CRA is Commissioner Carollo. I just want to confirm that. Chair Hardemon: Well, I wasn't -- I thought it was someone else. Commissioner Carollo: Excuse me? Chair Hardemon: Are --you're the -- oh, yeah, that's correct. You're right. I stand corrected. Commissioner Carollo: You had me (INAUDIBLE). Chair Hardemon: I stand corrected. I stand corrected. Any further discussion? Unidentified Speaker: No. Chair Hardemon: Hearing none, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion carries. Ms. Ewan: Thank you, Chair and Commissioners. That completes the board items. Victoria Mendez (City Attorney): Commissioners -- Vice Chair Russell: Are we able to appoint to the new LGBTQ Advisory Board at this time? Commissioner Carollo: Not yet. Ms. Ewan: No. It's 30 days to take effect, according to the legislation. Chair Hardemon: I appoint the entire CRB (Community Relations Board) Committee. Ms. Mendez: Commissioners -- Chair Hardemon: That's a good idea. Commissioner Diaz de la Portilla: Commissioner, I have a question for you, a serious question. Chair Hardemon: Yes. Commissioner Diaz de la Portilla: On the Miami River Commission, can I appoint a surrogate? How is that done? To go to the -- Chair Hardemon: I'm not sure. Commissioner Diaz de la Portilla: Okay. Maybe the City Attorney can help me. They named me to the Miami River Commission. Can I appoint a surrogate to fill in? Like I know Commissioner (INAUDIBLE) sends someone, a specific person that they name. Do we do the same thing, or we can name anyone as we go --? Ms. Mendez: Right. So the Miami River Commission is a creature of statute. I would have to double check. City of Miami Page 173 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Unfortunately -- yeah, I unfortunately (INAUDIBLE) -- Ms. Mendez: I would have to double check that. Commissioner Diaz de la Portilla: (INAUDIBLE) a lot to do -- Ms. Mendez: I would have to double check that. Commissioner Diaz de la Portilla: We have a representative here of the Miami River Commission, unfortunately, Manny Prieguez. Chair Hardemon: You represent the Miami City -- Miami River --- Commissioner Diaz de la Portilla: Well, he's a member of it. Chair Hardemon: Oh, he's a member. Commissioner Diaz de la Portilla: Yeah. Chair Hardemon: How many -- Manny Prieguez: Actually -- Chair Hardemon: -- things are you a part of? (INAUDIBLE) everything. Mr. Prieguez: Manny Prieguez, 4000 Malaga Avenue. This vacancy is before you today because I resigned my position as a member of the Miami River Commission. And so, to answer the Commissioner's question, yes, you have the ability to nominate a proxy on your behalf for days that you can't go to meetings and stuff like that. So you have the ability through the bylaws or through statute to be able to appoint someone. Commissioner Diaz de la Portilla: Right so we don't need to take any more action today. I'm the member right now and then when Igo to the meeting -- Mr. Prieguez: And then you could appoint someone -- you could ask so-and-so to go in your stead. Commissioner -- Commissioner Diaz de la Portilla: So I could appoint you, theoretically. Mr. Prieguez: Well, but I just quit so -- Commissioner Diaz de la Portilla: Well, now if I ask you to serve there you're going to have to go back, right? Mr. Prieguez: Commissioner Barreiro would oftentimes ask -- Commissioner Diaz de la Portilla: Oh, yeah. I'm going to appoint him. Mr. Prieguez: (INAUDIBLE). You can appoint -- Commissioner Diaz de la Portilla: (INAUDIBLE). Mr. Prieguez: You could designate somebody. There's no problem with designating somebody. City of Miami Page 174 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Okay. Thank you, Manny. I can't believe you actually suggested that I appoint Commissioner Barreiro. Wow. Commissioner Carollo: (INAUDIBLE). Ms. Mendez: Well, we'll confirm all that. I'll take the law degree --purported law degree under advisement over there, but we'll double check all that and get back to you on the River Commission. BC.2 RESOLUTION 7003 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE AFFORDABLE HOMEOWNERSHIP LOAN Clerk PROGRAM TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portilla ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN City of Miami Page 175 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.3 RESOLUTION 5544 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR Clerk TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon City of Miami Page 176 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BCA 6672 Office of the City Clerk BC.5 6955 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Javier Banos ENACTMENT NUMBER: R-20-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: Commissioner Joe Carollo Chair Hardemon: Well, first, are there any boards and committees that you need to announce? You're recognized, ma'am. Nicole Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. We'll do the boards and committees portion of the agenda. For BC.1, we do have the Commission as members of the boards for outside agencies. We're going to come back to BC.1, because we need a full Commission for that, because that's the one for City of Miami Page 177 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.6 6956 Office of the City Clerk BC.7 6957 Office of the City Clerk the Vice Chair of Midtown (INAUDIBLE). For BC.S, Bayfront Park Management Trust, Commissioner Carollo will be appointing Javier Banos. Chair Hardemon: Is there a motion? Commissioner Reyes: Move it. Chair Hardemon: Is there a second? Unidentified Speaker: BC. S. Chair Hardemon: I'll assume Commissioner Carollo is the second. It's been properly moved and seconded. Seeing no discussion, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Gabriel Paez NOMINATED BY: Civilian Investigative Panel ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commission -At -Large City of Miami Page 178 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.8 6958 Office of the City Clerk BC.9 6330 Office of the City Clerk ,,,,,,,,,,,,,,,, .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,., RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE COMPLIANCE TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portilla ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commission -At -Large Commission -At -Large ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. RESULT: NO ACTION TAKEN City of Miami Page 179 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.10 RESOLUTION 5547 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS Clerk AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon City of Miami Page 180 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.11 RESOLUTION 6734 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN Clerk AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large City Manager Emilio T. Gonzalez City of Miami Page 181 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 13C.12 RESOLUTION • iL•_W**i]��j1 lei kite] aIMMINoJII_1JIto] IW(K0]JI A1MCI Eel ►I_1w1i71►11111►[eZal=110lr_11► Office of the City INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD Clerk FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 182 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.13 6959 Office of the City Clerk BC.14 1599 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Keon Hardemon RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. RESULT: NO ACTION TAKEN City of Miami Page 183 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.15 RESOLUTION 5451 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL Clerk COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN City of Miami Page 184 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.16 7156 Office of the City Clerk BC.17 6960 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Andrew Frey (Elector) Juan Mullerat (Elector) ENACTMENT NUMBER: R-20-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Nicole Ewan (Assistant City Clerk): BC.16, Miami 21 Report Ad Hoc Task Force. Mayor Suarez will be appointing Juan Mullerat and Andrew Frey to the elector category with a preference in transportation planning. Vice Chair Russell: So moved. Chair Hardemon: Seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI COMPLETE COUNT COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portilla City of Miami Page 185 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.18 5199 Office of the City Clerk BC.19 5039 Office of the City Clerk ,,,,,,,,,,,,,,,, .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,., .,.,.,.,.,.,.,.,.,.,.,.,.,.. RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Keon Hardemon Commissioner Keon Hardemon ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ............... RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon (Youth Member) ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ............... RESULT: NO ACTION TAKEN City of Miami Page 186 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.20 RESOLUTION 3693 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the City INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME Clerk COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN City of Miami Page 187 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.21 5453 Office of the City Clerk BC.22 5844 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ............... RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commission -At -Large RESULT: NO ACTION TAKEN City of Miami Page 188 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 BC.23 RESOLUTION 5550 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN Office of the City INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A Clerk TERM AS DESIGNATED HEREIN. APPOINTEE: James Jackson ENACTMENT NUMBER: R-20-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Carollo, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: Commissioner Ken Russell Nicole Ewan (Assistant City Clerk): And BC.23, Virginia Key Beach Park Trust. Vice Chair Russell will be appointing James Jackson. Vice Chair Russell: Moved. Chair Hardemon: Moved by the Commissioner, seconded by the Chair. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Ms. Ewan: Thank you. END OF BOARDS AND COMMITTEES City of Miami Page 189 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 DIA 6027 Commissioners and Mayor D1.2 7063 Commissioners and Mayor D1.3 7004 Commissioners and Mayor DI - DISCUSSION ITEMS DISCUSSION ITEM MAY BE WITHDRAWN A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY PROCLAMATIONS. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................. Withdraw RESULT: WITHDRAWN 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 DIJ, please see "Order of the Day. " DISCUSSION ITEM A DISCUSSION ITEM REGARDING KEYS TO THE CITY AND CITY PROCLAMATIONS. RESULT: DISCUSSED Note for the Record. For minutes referencing Item DI.2, please see Item NA.4. DISCUSSION ITEM MAY BE WITHDRAWN A DISCUSSION ITEM REGARDING RACIAL EQUALITY WITHIN THE MIAMI POLICE DEPARTMENT. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................. Withdraw RESULT: WITHDRAWN 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 D1.3, please see "Order of the Day. " City of Miami Page 190 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 DIA 7008 Commissioners and Mayor D1.5 7065 Commissioners and Mayor D1.6 6928 Commissioners and Mayor DISCUSSION ITEM MAY BE WITHDRAWN A DISCUSSION REGARDING KEY TO THE CITY. ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................. Withdraw RESULT: WITHDRAWN 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 DI.4, please see "Order of the Day. " DISCUSSION ITEM A DISCUSSION REGARDING KEY TO THE CITY. RESULT: DISCUSSED Note for the Record. For minutes referencing Item DI.5, please see Item NA.2. DISCUSSION ITEM A DISCUSSION REGARDING THE CODE COMPLIANCE TASK FORCE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................. MOTION TO: Defer by Unanimous Consent RESULT: DEFERRED BY UNANIMOUS CONSENT RESULT: DISCUSSED Note for the Record. Item DL6 was deferred to the February 24, 2020, City Commission Meeting. Note for the Record. For additional minutes referencing Item DI.6, please see "Part B: PZ-Planning and Zoning Item(s). " Commissioner Reyes: Mr. Chair. Chair Hardemon: Wait, DI 6. That was DI 6? Do we consider that to be DI 6? Commissioner Reyes: DI 6; yes, sir. Chair Hardemon: I know that was DI8. Commissioner Reyes: DI8. Chair Hardemon: DI 6 is the Code Compliance Task Force. Commissioner Reyes: I don't see anybody here. City of Miami Page 191 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: It's the --yeah, it's DI 6 that he's talking about. Commissioner Reyes: Yes. Commissioner Carollo: This is going to take a little longer, I think, with this whole Code Compliance Task Force. So I -- why is Commissioner Gort still the sponsor here? Commissioner Reyes: Well, because he was one of the sponsors when we -- Commissioner Carollo: Yeah but he's no longer around. Commissioner Reyes: Well, let's change the name then. Commissioner Diaz de la Portilla: It's the ghost of Commissioner Gort, I think. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: $o -- Commissioner Carollo: Do you want to be the sponsor of that? Commissioner Diaz de la Portilla: The ghost. I got my first $500, 000 back, so I'm moving in the right direction. Commissioner Carollo: Yeah, well good for you. Commissioner Reyes: Okay. If I may, Mr. -- Chair Hardemon: $o wait. How are we disposing of DI 6? Commissioner Reyes: What are we going to do with this? Commissioner Carollo: Put it for the next Commission meeting, roll it over. Commissioner Reyes: That's right. Commissioner Carollo: Yeah. Chair Hardemon: $o you want to defer it to the next Commission meeting? Commissioner Carollo: Yeah. Commissioner Reyes: That's right. Commissioner Carollo: Roll it over. Chair Hardemon: Without objection, that motion will pass. Commissioner Reyes: Yes. Vice Chair Russell: I'm sorry. What was the motion? Chair Hardemon: To defer it to the next Commission meeting. Fernando Casamayor (Assistant City Manager): Is that the February 24 meeting? City of Miami Page 192 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Yes. Commissioner Carollo: Yes. Commissioner Reyes: Yes. Mr. Casamayor: February 24. Commissioner Reyes: Yes. Commissioner Carollo: So please don't come the 27th, because we won't be here. Commissioner Reyes: Okay. D1.7 DISCUSSION ITEM 7006 A DISCUSSION REGARDING OPTIONS AND QUANTIFIABLE PROJECTED COSTS FOR RETROFITTING EXISTING TROLLEYS Commissioners AND PURCHASING NEW TROLLEYS THAT ARE ELDERLY and Mayor FRIENDLY, SUCH OPTIONS TO INCLUDE BUT NOT BE LIMITED TO, SEATBACK GRIPS, BARS, OR OTHER DEVICES OR MECHANISMS WHICH CAN BE HELD ONTO WHEN SITTING DOWN OR STANDING UP. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DI.7, please see "Public Comment Period for all Item(s)" and "Part B: PZ-Planning and Zoning Item(s). " Commissioner Diaz de la Portilla: Are we going to defer the items, Mr. Chairman? Is that what you want to do or you want to do discussion items? Chair Hardemon: It's not my discussion items. They belong -- Commissioner Diaz de la Portilla: I think two of them are mine, right? Chair Hardemon: I'm not sure. Commissioner Diaz de la Portilla: Whatever -- whichever ones are mine, I move to defer them. I think I have two. I may have two. Chair Hardemon: Do we know which items? Victoria Mendez (City Attorney): So is everything going to -- whatever was not heard today, are you making a motion to defer it to the 24th? Commissioner Diaz de la Portilla: I can only speak -- to the next meeting, yes. Commissioner Carollo: The -- Commissioner Diaz de la Portilla: To the 25th, I think it is. City of Miami Page 193 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: DL.7 [sic], on the trolleys, a discussion regarding options and quantifiable projected costs for retrofitting existing trolleys and purchasing new trolleys that are elderly -friendly; such options to include but not be limited to seatback grips and bars, or other services -- or devices or mechanism which can be held onto when sitting down or standing up. Chair Hardemon: So DI 7 is discussed. Commissioner Carollo: Yep. Later... Commissioner Carollo: DI. 7 then. Chair Hardemon: Yes. We have left DI.7, 6, and 8. Commissioner Carollo: Okay, 7, 6, and 8. Okay. Commissioner Reyes: Excuse me. I want -- make sure that we are going to get together and work on it. Unidentified Speaker: (INAUDIBLE). Commissioner Reyes: Okay, that's it. Unidentified Speaker: DI.10. Commissioner Carollo: 7. Alan Dodd: (Director): (INAUDIBLE) Resilience and Public Works. We were asked to look at different options in order to make the trolleys more elderly friendly. We have a total of 42 trolleys that the City owns, a variety of styles, 28 of them 27- foot long; 14 are (INAUDIBLE) foot long, so two different styles. And then we have 12 new trolleys that are coming in of which we received the first three, which are more elderly friendly. And I believe you all received a memorandum from us early this week with the PowerPoint presentation that talked through -- Commissioner Carollo: Yes, sir. Mr. Dodd: -- the options. As we looked at the retrofitting of the older trolleys, we really looked at two different options based on feedback from other cities and trolleys. One is a vertical pole at each of the benches in order to assist with getting up and down. The other was a horizontal pole on the back of each seat. The feedback we got was that the horizontal pole would make it easier for getting up and down. In all of the seat configurations, it reduced the amount of obstructions for the driver, you know, to see what's going on in the vehicles, and so, it seemed like the better option. You had asked for the cost differences. Commissioner Carollo: Right. Mr. Dodd: Really, there was very little cost difference between the two options. The horizontal pole would cost approximately $103, 000 to retrofit all of our vehicles. Commissioner Carollo: A hundred and three thousand? Mr. Dodd: A hundred and three thousand. The vertical poles would be a total cost of $86, 500. City of Miami Page 194 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: But you're recommending based on your studies the grip pole. Mr. Dodd: The horizontal pole on the back. Commissioner Carollo: Yeah, the horizontal one -- Mr. Dodd: Yes, Commissioner. Commissioner Carollo: -- because it's a little more. Does that price include the additions that we're going to include on the new trolleys that are coming in? Mr. Dodd: No, that does not. That's approximately $20, 000, and we're already incorporating that into the contractfor the delivery of those vehicles. Commissioner Carollo: Where can we find the $103, 000 to retrofit the 40 plus trolleys that we have now? Chair Hardemon: Transportation Trust Fund? Mr. Dodd: I am sure that we can work with the Director of Budget and come up with that amount of money. Commissioner Carollo: All right. I appreciate that, and I'd like to say publicly that I thank you for the professionalism that you've been showing with my office in being helpful to my district to provide service that the residents there need. Mr. Dodd: Thank you. Commissioner Carollo: I just wanted to thank you publicly. Mr. Dodd: Thank you. Vice Chair Russell: Thank you. Mr. Dodd, have you -- I've heard anecdotal reports in my office and on social media about ADA (Americans with Disabilities Act) access, about wheelchair accessibility of nonfunctioning wheelchair loaders. Commissioner Diaz de la Portilla: You got a lot of praise from Commissioner Carollo. That's good. You're having a good day. Mr. Dodd: It's a good day. Commissioner Carollo: Listen, when -- Commissioner Diaz de la Portilla: What about Chris Rose? What about poor Rose over there? Commissioner Carollo: Rose comes from the Merrett Stierheim school that it says -- what is that saying that you have up there on elected officials that's not too nice? Okay, I do believe -- Commissioner Diaz de la Portilla: Sorry. I didn't mean to bring you into the fray. Commissioner Carollo: -- seriously, I do believe that when directors and others try to be professional and not be influenced by other factors, you should acknowledge it. And I have no problem in doing that, because, after all, we're elected, but we can't do anything for our districts if people purposely don't want to help us. And I City of Miami Page 195 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 appreciate from what my staff has told me, the feedback that I've gotten, that he has been responsive in the things that directors should be responsive to. However, this had become difficult in the Administration that we had before. Commissioner Diaz de la Portilla: You want to sit in that chair over there or --? Mr. Dodd: No, that's okay. Commissioner Diaz de la Portilla: I didn't think so. Commissioner Carollo: You know, I thinkFernando's liking that chair too much. Vice Chair Russell: Commissioners, I would like to get home to my 46 year -old wife. Victoria Mendez (City Attorney): Oh, you need to buy her a present, as well. Vice Chair Russell: Oh, no.She's -- Commissioner Reyes: You are in trouble, man. Vice Chair Russell: -- superfine. She's proud of her age. Mr. Director, this is actually very serious, because we've received reports in my office and seen on social media people with need of ADA access who are being denied. I don't want to give merit to an unwarranted accusation, but I want to know if we've done an assessment of the ADA access, the wheelchair access. Is it true that some of them do not function or that the drivers have not been assisting those who need help getting on the trolley? Chair Hardemon: I don't think you should answer that question on the record. Ms. Mendez: Yeah. So can we follow up because I know that we have a huge ADA compliance program, and we are constantly monitoring that. I have an attorney assigned to that. So can we give you a briefing? Vice Chair Russell: I just want to know that we're taking it seriously and making sure that those who need help have access to our trolleys. Mr. Dodd: Commissioner, absolutely. And when we do get complaints about anything along those lines, we immediately talk with the operator for the trolleys. Every complaint is investigated. We have videos on the trolleys in order to see what happened. And if necessary, we take appropriate actions, either with the operators or with -- to resolve -- if it's a maintenance issue to make sure that it's being fixed. Commissioner Carollo: Okay. Vice Chair Russell: Thank you. Commissioner Carollo: Thank you, Mr. Dodd. If I could make a motion to approve DI 7, and the cost can come from whatever programs they see fit unless they want to get it from the Manager's reserve fund. Chair Hardemon: I don't think -- Commissioner Carollo: Another word for slush fund. City of Miami Page 196 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: I don't think we could make the motion, because it has a financial effect, but they're going to get it done. Mr. Dodd: We received the directive and understand -- Chair Hardemon: Right. Commissioner Carollo: It's been done. They've looked at it. Chair Hardemon: Right. They're going to get it done. Commissioner Carollo: Chris took it from his budget in his office. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes? Commissioner Reyes: You finished? Mr. Dodd: Yes. Commissioner Reyes: I would like to ask Francisco a couple of things. Commissioner Carollo: Yeah, but we have to -- Vice Chair Russell: There's no -- Commissioner Carollo: -- vote for this. Vice Chair Russell: -- need for a vote. Commissioner Reyes: Oh, there's no vote? Chair Hardemon: No, no. We don't need a vote. Commissioner Reyes: There's no vote. Commissioner Carollo: Yeah -- no, no. There has to be a vote on this. Chair Hardemon: Not on the financial. Commissioner Reyes: No, no. We don't --it's a directive. Commissioner Carollo: Well, Madam City Attorney, directives -- because I want to make sure that we get this done on 7 -- DI. 7. Ms. Mendez: Is this the trolley one? Commissioner Carollo: That's correct, ma'am. Ms. Mendez: Okay. I believe that that's something that's already budgeted. Commissioner Reyes: Yeah, that's right. Ms. Mendez: There's nothing to do at this time, I believe. Jump in whenever -- City of Miami Page 197 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Can we -- you tell us what is the best avenue for us to take right now to make it official so nobody has a forgetful moment? Fernando Casamayor (Chief Financial Officer): Sir, you have the commitment of this Administration that we will -- Commissioner Carollo: What Administration? Who? Mr. Casamayor: The ones in charge, sir. Commissioner Carollo: Who's in charge? Who's in charge? Mr. Casamayor: Zerry. Commissioner Carollo: (INAUDIBLE), you know. Mr. Casamayor: So we will -- we have begun implementing the program (INAUDIBLE). Commissioner Carollo: I'm seeing guys all day today come in and out of that chair. No one has complied with the Charter. They tell us we got a City Manager. The last time I saw him was in pictures with -- getting boxes out of here in the middle of a press conference. Commissioner Diaz de la Portilla: His timing has been had. Commissioner Carollo: The deputy -- I don't know. I guess I'll have to go see him in Cooper City on Monday. Mr. Casamayor: Sir, we got called up from the minor leagues. I'm sorry but we're here. Commissioner Carollo: Maybe you ought to bring Sammy Sosa, a major leaguer. D1.8 DISCUSSION ITEM 7005 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Note for the Record. For additional minutes referencing Item DI. 8, please see "Part B: PZ-Planning and Zoning Item(s). " Chair Hardemon: So we still have DI 6 and DI8. Commissioner Carollo: DI8, yes. Since Commissioner Diaz de la Portilla has a similar one that he's deferring to the next meeting, I guess I'll take mine up now. Commissioner Diaz de la Portilla: I thought you were going to follow my lead, Commissioner. I'm surprised. City of Miami Page 198 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: No, no, no, no, not on this one after what I heard yesterday. Do we have the Code Enforcement Director anywhere in the building? And for that matter, whoever's in charge since I think we got the same problem in the Building Department, the director that -- well, director resigned. Okay. Commissioner Reyes: Which one is that, Joe? Commissioner Carollo: Hmm? Commissioner Reyes: Which one is that? Commissioner Carollo: The Building Director. Commissioner Reyes: No, no, no. Which one is DI (Discussion) what? Commissioner Carollo: DI B. Commissioner Reyes: 8. Adele Valencia: Adele Valencia, Director of Code Compliance. Commissioner Carollo: Ms. Valencia, thank you -- Ms. Valencia: Thank you. Commissioner Carollo: --for being here. There was an address that was the -- I don't know if I should call him Manager, former Manager. I was told he was leaving on the IOth; and I was told by the Mayor, no, the 14th. Then I heard somewhere it was the 16th, and I'm hearing 17th. So regardless, the property address of Emilio Gonzalez that on December 12, I showed explicit pictures of not only a huge tree, huge, probably covered 2,500, 3, 000 square feet, had been taken out like if Agent Orange had hit it, boom. I showed one huge royal palm, another smaller, and what appeared to have been other trees that were either cut down or cut back in excess of 25 percent. There was also a 24 feet-by-24 feet deck that is clear that had no permitting when it was built. We had asked the Deputy Manager that was so gung- ho when he didn't like somebody to setup a task force just to go against him. When he was going to go and take action in what he saw there -- and we had to do that several times. Now I understand something was done; something. Could you tell me what your department did, and who others participated and helped you with it? Ms. Valencia: Yes. I'd be happy to. Commissioner Carollo: Thank you. Ms. Valencia: On December 12 at the Commission meeting, you raised allegations that the Commissioner [sic,/not only had Code violations but that he had obtained a building permit potentially through fraud and abuse of office. And at that Commission -- excuse me? Commissioner Diaz de la Portilla: The City Manager. Vice Chair Russell: You said, "the Commissioner. " Ms. Valencia: I'm sorry; the City Manager. I misspoke. Thank you. Commissioner Carollo: Any of you guys did any of that or --? City of Miami Page 199 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Valencia: Sorry? Commissioner Carollo: No, no. I'm just asking them because of that we passed a resolution that could send you up the chain. Go ahead, I'm sorry. Ms. Valencia: I guess I'm too tired to get the jokes. Commissioner Carollo: No, no. Ms. Valencia: Sorry. Commissioner Carollo: That's okay. I'm sorry. Ms. Valencia: So you raised these allegations and you directed -- the Commission directed the Independent Auditor to investigate all of those allegations. Commissioner Carollo: Yes. Ms. Valencia: At the January Commission meeting, you asked Deputy Manager Napoli whether he had directed Code Compliance to investigate the allegations. He had not. And subsequent to that meeting -- Commissioner Carollo: And he said -- when I asked him why, he said he didn't know why. Ms. Valencia: That's correct. And so, subsequent to that meeting, he convened myself and the Chief of the -- Commissioner Carollo: No, not subsequent. It was after we sent several emails trying to find out whatever happened. Ms. Valencia: Right. Following the Commission meeting, we met. "We," being myself, the Deputy Manager, and the Chief of Environmental Resources, who is the City arborist and we reviewed the allegations. And at that time, it was determined through the research of the subject matter expert, the City arborist, that a tree had, in fact, either failed or been removed in November of 2007. Based on that opinion and the personal inspection of the code compliance inspector, a ticket was issued for the removal of a tree. Commissioner Carollo: Personal inspection? Ms. Valencia: It's required by Chapter 162 of the Florida Statutes that -- Commissioner Carollo: How can you get in his backyard if --? Ms. Valencia: You -- they did not go in his backyard. Commissioner Carollo: Okay. Ms. Valencia: But from the public right-of-way, you can see -- based on what the City arborist explained to us -- where the tree would have been. Commissioner Carollo: Okay. Ms. Valencia: And it was cited on that basis. City of Miami Page 200 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Okay, how about the royal palms and the other trees that I pointed out, and the possibility of those others? Ms. Valencia: I understand that you pointed them out. After thorough review by our City arborist, she could substantiate one failed tree. And it's sort of -- as you're looking --you're standing in the public right-of-way looking at the front of the home, it's towards the right back. Commissioner Carollo: Right. What happened to the royal palms? Ms. Valencia: I'm unclear about that. I'm not sure -- I don't know if she could determine with any certainty whether it failed, but I don't want to speak for her. Commissioner Carollo: But they're gone. They're gone, so she couldn't have the same guy go from the street and see if they're there? But that's okay. At least we got one big one, okay. Ms. Valencia: So the City Manager was cited. It's a $500 ticket if you've removed a tree without a permit on homestead property, which is what has happened. My understanding is that he has paid the ticket. That's paid through Oracle to the Finance Department. And the issue of the building permit, right, the work without permits is that there is an active building permit currently open on the property. It was obtained in May of 2019. It was extended in October of 2019. The scope of the work is repair/remodeling of the subject deck. Commissioner Carollo: Now I'm very confused on what you're telling me about the reason that the deck was not cited, because he was issued a permit to repair. But what I pointed out was that there was never a permit for that deck, and we all know that. There's no permit that was ever issued for that deck. So what does it matter if he was given a wrongful permit to repair something that was not permitted from day one? Ms. Valencia: I understand your question. Commissioner Carollo: Why -- I mean, it just doesn't make sense to me and it doesn't equate why he wasn't cited on that, too. Ms. Valencia: Why he wasn't cited for the deck. Commissioner Carollo: Why he wasn't cited on that. The fact -- Ms. Valencia: Sure. Commissioner Carollo: -- that there could be a hundred investigations; the fact that the Building Director, whether he was afraid that it was his boss or whatever the case was, showed him how to go about getting the wrong type of permit so that it would appear that he never put an illegal deck in his backyard, and everything else that happened, because the 1999 survey that was handed in did not have a 24-by-24 deck. But then someone drew it in that survey, and that's where the biggest problem lied. Ms. Valencia: I understand. Commissioner Carollo: But I cannot for the life of me believe that you're telling me that if someone does not have a permit and that if it would have been anybody else, you would not cite him. City of Miami Page 201 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Valencia: May I respond, sir? Commissioner Carollo: Yes. Ms. Valencia: Thank you. So we have many inspector assets throughout the City of Miami. You're familiar with this. Commissioner Carollo: Excuse me? Ms. Valencia: We have many inspector assets throughout the City of Miami who -- Commissioner Carollo: Inspector assets? Ms. Valencia: They're different inspectors who do different things in different departments throughout the City of Miami. Code Compliance may issue violations for work performed without permits. As you well know, we're not the judge, jury and executioner. We have to mount a legally sufficient case -- Commissioner Carollo: Of course. Ms. Valencia: -- which is vetted by our Assistant City Attorney and then heard by a neutral quasi-judicial body. The Building Department issues permits. They review permits. They revoke permits. In the case of this deck, there is a permit to repair and remodel and to -- Commissioner Carollo: But there's not a permit -- Ms. Valencia: I understand -- no, I under -- Commissioner Carollo: --for the deck itself. Ms. Valencia: I understand what you're saying. And if I may finish, that permit will end at some point and there will be a building inspection on that property. Code Compliance violations don't expire. So whatever happens with the pendency of the investigation by the Auditor General, or whatever happens with the repair and remodel of the current building permit, there will be an inspection by the building inspector. And if at that time it's ascertained that there's still work without permits, we will gladly go and cite anything without permits. Commissioner Carollo: No, listen. Ms. Valencia: Yes, sir. Commissioner Carollo: I don't buy that for one minute and I'm going to tell you why. Ms. Valencia: Okay. Commissioner Carollo: Because the reason he went through that whole show of -- and horse pony was so that no one would know -- and I don't know why, because it was so simple to say, "Hey, look, you know, I did this. I made a mistake, " whatever he wanted to say and have gotten the right permits for a deck that did not have a permit, or just to tear it down if he didn't want it. But the fact was that he didn't want people to know, because when he went and got all that six days later, he sent a task force to somebody and that's what he was afraid about, because he was forced to do that to me. He was forced to. He didn't want to do it; he was forced to by someone else in the City. And now, what you're telling me is that you can't cite him City of Miami Page 202 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 because of this sham permit to repair a deck that was never permitted. And I'm going to tell you why this is wrong, because the reason that he was told and guided to do this -- because he didn't know how to follow it. He was guided how to do it. -- was because if he would have gotten away with it, then he would have gotten permitted through the backdoor what he never had a permit through the front door, and then no one would have known what happened. And this is why whatever sham they did there can never be finalized, because how in the world are they going to legalize now with a sham permit something that he got illegally, the sham temporary permit to repair this deck? I'm amazed that this is the story you're telling me. And I understand. I fully understand how people in this City are still trying to protect him but that's what it is. It's protection of the City Manager, the same City Manager that abused his position to get this illegal process done. And if he's under investigation by the Auditor General or anybody else, then it makes no difference, whatsoever; just like it doesn't make any difference, whatsoever, that he got an illegal permit to repair boards in a deck. The bottom line is what you have to make a determination on is, did he have a permit originally for that deck or not? If he did not and he did not have it, end of story. He's not in compliance with our laws. And the only reason that I'm bringing all this out is to show what a farce this whole thing is, how this man even today is being protected as much as people could protect him. But then don't cry when I bring things out. And I say this to anybody that wants to hear. Unidentified Speaker: Okay. Finished? Commissioner Carollo: Thank you. Ms. Valencia: Thank you, sir. Commissioner Carollo: Who is in charge of the City? Commissioner Reyes: Who's on first? Commissioner Carollo: No, I mean really. Who -- you told me the Administration. But who's in charge of the City today? Are you the City Manager? Is Zerry the City Manager? Is Sandra the City Manager? Who is the City Manager? Chair Hardemon: I know I'm the Chairman and we have DI 6. Commissioner Carollo: No, no but really, I need to know this, because this is my follow-up question to what I was asking here. Who is the City Manager -- or acting City Manager should I say? Fernando Casamayor (Assistamt City Manager): Sir, the City Manager is Emilio T. Gonzalez until I believe February 18. Commissioner Carollo: Well, now it's 18. This keeps getting extended and extended and extended. Chair Hardemon: Okay. Commissioner Carollo: Now from the IOth to the 16th to the 17th. Now it's the 18th. Have any of you seen him working in the City of Miami? And when's the last time any of you saw him working in the City? Mr. Casamayor: I was out yesterday, sir, but I did see him the day before. Commissioner Carollo: He was working or carrying boxes out? City of Miami Page 203 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Casamayor: I don't know whether he was actually working or not. Commissioner Carollo: Okay, well, those are the pictures that I was shown at Shangri-la. And I'm asking this because I'd like to know who is in charge to follow up in what I said on the Code violation on the deck and maybe have another look at the trees that were missing. Mr. Casamayor: Sir, between Zerry, Sandra and myself, we will follow up with whatever it is that you request. Commissioner Carollo: Well, then -- Commissioner Reyes: You got three for one. Commissioner Carollo: -- I will take the word of the new City Manager that we have, if I could call (UNINTELLIGIBLE). And look, if it would get the job done, I don't mind having a (UNINTELLIGIBLE) for a Manager, three of you in one. Chair Hardemon: Might be more efficient. Commissioner Carollo: And we might be better off and get things better accomplished than before. Commissioner Reyes: Mr. Chair. Commissioner Carollo: Thank you. D1.9 DISCUSSION ITEM 7000 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. MOTION TO: Defer RESULT: 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. Item DL 9 was deferred to the February 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DI.9, please see "Part B: PZ- Planning and Zoning Item(s). " City of Miami Page 204 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 D1.10 6926 City Manager's Office D1.11 7084 Commissioners and Mayor D1.12 7091 Commissioners and Mayor DISCUSSION ITEM A DISCUSSION REGARDING INDEPENDENT TRAFFIC AND ENVIRONMENTAL STUDIES IMPLEMENTATION PLAN. MOTION TO: Defer RESULT: 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. Item DI.10 was deferred to the Februaty 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DI.10, please see "Part B: PZ- Planning and Zoning Item(s). " DISCUSSION ITEM A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. MOTION TO: Defer RESULT: 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. Item DI.11 was deferred to the Februaty 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DI.11, please see "Part B: PZ- Planning and Zoning Item(s). " DISCUSSION ITEM A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ................... MOTION TO: Defer RESULT: 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. Item DI.12 was deferred to the Februaty 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DI.12, please see "Part B: PZ- Planning and Zoning Item(s). " City of Miami Page 205 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 D1.13 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, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item DI.13 was deferred to the Februaty 24, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DI.13, please see Item RE.20. END OF DISCUSSION ITEMS City of Miami Page 206 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 PART B: PZ - PLANNING AND ZONING ITEMS) Vice Chair Russell: Madam City Attorney, do we need to read something into the record for the P&Z (Planning and Zoning) agenda? Victoria Mendez (City Attorney): No. Since it's combined now, I read it in the morning. Vice Chair Russell: We already did it in the morning? Thank you very much. Do we need to swear in anyone who would like to speak on PZ items for the afternoon? Nicole Ewan (Assistant City Clerk): Good evening, ladies and gentlemen. Are there any members of the public that will be speaking on any Planning and Zoning items this afternoon? Please 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. Ms. Ewan: Thank you, Chair. Vice Chair Russell: Thank you. Later... Chair Hardemon: So now we have left DI.6, 8, 9, 10, 11 and 12. Are we moving those to -- well, I know for sure you had DI.12. That would have been included. So I know for sure DI. 12 was yours. Commissioner Reyes: Yes. I mean, 7-- Commissioner Diaz de la Portilla: I move to defer DI (Discussion) -- what is it, 12? Chair Hardemon: DI 12. Commissioner Diaz de la Portilla: DI. 12. Chair Hardemon: To which meeting? Commissioner Diaz de la Portilla: To the next available meeting. Chair Hardemon: Alright That's the motion; seconded by the Chair. Todd B. Hannon (City Clerk): I'm sorry. Vice Chair Russell: You have other items, as well, though. Mr. Hannon: Chair -- Commissioner Diaz de la Portilla: Yeah. I think I have -- Vice Chair Russell: 11, 12. Commissioner Diaz de la Portilla: -- I don't have it in front of me, sorry. 11 -- DI 11, 12. Commissioner Reyes: DI.10, which is mine. City of Miami Page 207 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: You want to include that in the motion? Commissioner Diaz de la Portilla: DI10. Commissioner Reyes: To defer them. Chair Hardemon: Defer. Commissioner Reyes: Yes, because I -- Chair Hardemon: Okay. Commissioner Reyes: -- I receive -- I think, sir, you and I, we have to keep on working on this. And I expect you to meet with us and -- Commissioner Diaz de la Portilla: Commissioner Carollo, did you want to defer DI 7? Commissioner Carollo: No. I'd like to take it up. Commissioner Diaz de la Portilla: You want to discuss it. Chair Hardemon: I thought we did that. Commissioner Diaz de la Portilla: Okay so -- Commissioner Carollo: You're going to defer, I think, DI9, right? Commissioner Diaz de la Portilla: I'm going to defer DI9 and D.11 [sic] -- Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: -- and DI12. Chair Hardemon: So now we have -- we're deferring DI9, 10, 11 and 12. That's the motion -- Commissioner Diaz de la Portilla: That's correct. Chair Hardemon: -- as amended; seconded by the Chair. Seeing no further discussion on that motion, all in favor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: That motion carries. City of Miami Page 208 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 PZ.1 ORDINANCE First Reading 6595 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 10544, AS AMENDED, THE MIAMI and Mayor - PZ COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY MODIFYING THE PARKS, RECREATION, AND OPEN SPACE ELEMENT OF THE MCNP TO PROVIDE REQUIREMENTS FOR REPLACEMENT OF CONVERTED PARK LAND; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adopt RESULT: FAILED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Carollo, Reyes NAYS: Hardemon, Russell, Diaz de la Portilla Vice Chair Russell: Madam City Attorney, could you read both PZ.1 and PZ.2 into the record, the ordinances, please, the titles? Victoria Mendez (City Attorney) : Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And PZ.2, you want me to read that one? Vice Chair Russell: Yes, please. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you very much. Is there anyone here for public comment on those two items? You're recognized. Iris Escarra: Good evening, everyone. Iris Escarra, with offices at 333 Southeast 2nd Avenue. I'm here this evening on behalf of PZ.1, which is a modification to the comp plan. One of the things that this ordinance seeks to do is to actually add additional requirements to the modification when you're rezoning from CS (civic space) property on parkland. Here, one of the things that we are concerned about is that historically, when a rezoning comes in from CS; on that same agenda comes the rezoning from some other designation to CS. So there's an equivalency that the City Commission hears on the same agenda. Therefore, that process has already been established by precedent. That process has already been established by what this City Commission does, and that is so that there is never a no net loss. Therefore, that provision for adding for additional City Commission votes and all that, that's already in the process. Secondly, there's a restriction with regards to a minimum of 40, 000 square feet to the extent that the space is to be made up. That precludes neighborhood parks from being added in different areas of the City, because neighborhood parks are anywhere from S, 000 up to an acre. Therefore, that limitation of 40, 000 precludes from being able to provide much needed neighborhood parks in areas that have no parks. That's it Thank you very much. Commissioner Reyes: Are you representing yourself, or you're representing somebody? City of Miami Page 209 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Escarra: I represent Miami Freedom Park. Commissioner Reyes: Oh, I could imagine, you see. So you're totally against it, because you don't want to be able to add little pieces to the no net loss. Ms. Escarra: I could tell you that we're working on it, and what this does is it changes it for us, not necessarily -- Commissioner Reyes: No, it doesn't change. Ms. Escarra: --we don't have all small little pieces and we don't have all big pieces. As you know, it's about 20 acres that we have to make up. Commissioner Reyes: Yes, and I just -- Ms. Escarra: And we're -- Commissioner Reyes: -- wanted to know that, if you were representing somebody and that's it. Okay. Ms. Escarra: Yes. Commissioner Reyes: Thank you. Ms. Escarra: Thank you. Commissioner Reyes: You see, this -- we had a no net loss in the books and it is very clear. And what I wanted is -- I mean, those of -- people that are always saying, okay, we care about parks and all of that, I want to make -- strengthen -- make sure that that no net loss, it is respected; if not, let's get it out of the book and let's be honest and said, "Well, what we going to do, we're going to play around and we're going to use it to our convenience. " And this is the only thing that clarifies the no net loss. I mean, we cannot afford to be losing green space and being -- I mean, lose the park and then be -- accept replacement of the land that has been used by any small park, for example, and then you add them up instead when you're losing -- when you're losing, let's say, 16 acres, the no net loss says that you have to be replaced with 16 acres, because it says -- what it says, it is -- I mean, it has to be on the same form and it has to be equivalent to what you're losing. And that is the only thing that this is saying. I mean, I don't see why there is any opposition to this. The only thing that it's doing is claming. And this went to PZAB (Planning, Zoning and Appeals Board). It went to PZAB and it was voted 8-1, approved 8-1 in PZAB, you see. And there is no additional opposition to this, you see. And that's -- this is what -- this is on first reading, and any other type of -- I would say if you want to include anything or delete anything, well, let's work from here to the second reading. I mean, this is something that I would like for everybody to consider if we really mean that we are defending no net loss, you see. Oh, this is second reading? No, this is first reading. Vice Chair Russell: This is first reading. Commissioner Reyes: First reading. This is first reading. And we have to wait until we have second reading if -- I mean, between now and second reading, we can use any modification on that. And I do understand the people that are trying to use our parks, they will be opposed to it. And the people that plan in the future to try to build in any of our parks and maybe this Commission will allow that, which I doubt that we make that mistake again. But any person that is planning to keep on using our parkland, then they will be opposing this, you see. But this, for now, the only thing City of Miami Page 210 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 that it does is that it makes sure -- assures Miamians that our parkland is going to stay as parkland, or is going to be replaced in the same shape and form. That's the only thing that it's saying, you see. And on those little pocket parks, you see, they -- I mean, what we are saying is you don't use those little pocket parks and you add them in order to replace a piece of park that we have replaced, you see -- that we have lost. And that's the only thing. Vice Chair Russell: Thank you very much. Mr. Director, the Planning Department recommended denial on this. Could you walk us through your thought process there, please? Francisco Garcia: Thank you, Commissioner. For the record, Francisco Garcia, Planning Director. I'll share a couple of thoughts. First, I am on record as saying -- and I will say again to you today -- that our present policy for no net loss, in Particular, for parks and public spaces, is less than ideally robust, right? It doesn't have as many criteria and as many regulations as one would like to have to make it predictable and to yield a predictable result. And there I think we can all agree. And I have been certainly an advocate to try to enhance and fortes the present no net loss policy. In fact, the Comprehensive Neighborhood Plan, which is being proposed for amendment as part of this ordinance, makes reference to some best practices that were actually adopted and referenced by the approval of this no net loss policy back in 2007, and those recommendations are present in the City of Miami Parks and Public Space Master Plan. Those were some recommendations that were made to add criteria, add guidelines, et cetera. Our concern with this ordinance, as presented to you today, is that it makes it a requirement that any parkland of any area be replaced by another park or another parcel of the same area or greater, and that seems to be not addressing the intent of this policy in the first place, because one could find another parcel elsewhere in the City of Miami of the same or greater area that does not necessarily enhance or improve the City's park and open space network. The intent of the policy is to maintain or enhance the City's parks and public spaces network, and we would do better to have criteria and guidelines that support that intent. So what I would say to this Commission is I'm certainly happy to work with any or all of you to try to provide those criteria, to try to provide those guidelines, and to ensure that the process is robust. This policy in particular simply requires that area be replaced with like area in contiguous fashion, and that falls short of the intended intent for the Comprehensive Neighborhood Plan. Happy to answer any questions. Commissioner Reyes: Sir, we waited almost a year for you to come up with some solution to this. And we have a law on the books that is no net loss, and it states that it has to be of the same amount, the same -- has to have about the same value and the same service, provide the same type of services that it is providing. What you are proposing is -- I don't know why -- what you're proposing is that we might break it in little pieces, and we don't have to replace the amount of land that has been destroyed, the amount of parks that have been destroyed with similar amount of land so that it is -- "No net loss" means that we are not going to lose the quality and the quantity of land that it is there. It is on the books. And either we accept it or we erase it, and stop being liars -- okay? -- and hypocrites that we are telling the public out there that we are protecting our parks, you see. And this is the only thing that this is going to do. This is going to protect our green space and our parks, because if tomorrow, somebody -- let's say that tomorrow this Commission is not here. Somebody comes here to Peacock Park, you see, and the Commission decides that they are going to develop that land over there, and then they have to replace it, and they decide to replace it in pieces by little pieces by little pieces. It is not the same. It is not the same. Then if -- what you're proposing it is what you want -- I mean, it's City of Miami Page 211 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 what we should do, then might as well just erase the no net loss from our books and that's it. And that's it. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're rec -- well, I want to recognize -- Vice Chair Russell: I apologize. Chair Hardemon: Okay, Vice Chair and then Commissioner -- Vice Chair Russell: Thank you. I was just following upon my earlier question. The Planning Department was a "no, " but the PZAB was an 8-1 approval. What was their thought process for the most part? Mr. Garcia: I believe the Planning, Zoning and Appeals Board was persuaded, as we are persuaded, that there need to be more robust measures to defend our parks and open space. I don't think anyone disagrees and I certainly don't disagree with that. So in that regard, sir, we are in perfect alignment. The discrepancy happens to be that our professional opinion is that the guidelines, the standards to accomplish that intent should be set forth; and that, frankly, replacing a like -sized parcel with another like -sized parcel falls short of that standard. Vice Chair Russell: But when you say they were persuaded, if the Planning and Zoning -- if the Planning Department was presenting, who was persuading them? Who is in favor of this? Commissioner Reyes: Not me. I wasn't there. Mr. Garcia: The Planning Department did not necessarily make a presentation at that point in time. We were there to answer questions. As Commissioner Reyes appropriately points out, this was an ordinance originally drafted by the -- or promoted by the District 4 office and they were presented with it. And they were convinced this might be an improvement upon our present policy. But again, they were not presented with an alternative. In that, Commissioner Reyes is correct. Vice Chair Russell: But the staff was present? I mean, the staff -- Commissioner Reyes: No. Vice Chair Russell: The Commissioner's staff made the presentation -- Commissioner Reyes: No. Vice Chair Russell: -- to -- Commissioner Reyes: No, they didn't. Vice Chair Russell: That was my understanding that I learned in briefing Commissioner Reyes: No, no, no. Listen, they misinformed you. Whoever informed you misinformed you. There was nobody present in this PZAB meeting from the Commission staff. There was none. Vice Chair Russell: Am I thinking of the affordable housing ordinance that's the next one? City of Miami Page 212 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: The next one, and my Chief of Staff was coming by, and he heard something, and he can tell you what happened. But in this one, nobody was there, so you were misinformed, sir. Vice Chair Russell: Thank you very much. So it seems there's just a confusion on the two items. What I would like, though, is to understand what our ability is as Commissioners with regard to lower boards. So if we could -- I'd like to get an opinion from the Commission on Ethics, because the course that I had to take this weekend says we're not allowed to talk to the lower boards. My question is, is staff - - is our staff allowed to talk at the lower boards to sway their opinion one way or the other? Commissioner Reyes: Sir, the City Attorney was present when -- Ms. Mendez: Yeah. I -- Vice Chair Russell: My question is to the Commission on Ethics, honestly. Commissioner Reyes: Okay but -- and this -- that question should be referred to the City Attorney, not this gentleman over here. Ms. Mendez: We -- Commissioner Reyes: This gentlemen over here doesn't have nothing -- Ms. Mendez: I -- Commissioner Reyes: -- to do with it. If you want to make a case of it, ask the City Attorney. Vice Chair Russell: No. For all of our benefit and for the future, if we are allowed to do this through our staff -- Commissioner Reyes: Okay, just -- Vice Chair Russell: -- I'm glad. Commissioner Reyes: -- ask the City Attorney. Vice Chair Russell: If we're not, I don't want us to do it. Ms. Mendez: Right. So you are, of course, entitled to ask the Commission on Ethics. I will tell you what I told -- I do not mind when staff goes to lower boards to explain a policy and what have you, that they worked on something, that they're interested in passing a certain piece of legislation. I do -- even though Commissioners can go to lower boards, I do not usually like for them to go, because depending on the, you know, tone or how passionate a Commissioner can be, that could be misconstrued as something else. So to the extent -- I -- both a Commissioner and staff can go. I prefer that staff goes than a Commissioner. But you can obviously ask the Commission on Ethics. I did advise our Chief of Staff for District 4 that he could attend and explain the reasons why they were interested in any of these policy items. Vice Chair Russell: It's more for future reference so that we don't fall on the wrong side of a Commission on Ethics opinion and so I would like to hear -- because in my class on Commission on Ethics, they were very explicit that we should not -- we cannot go. It is a violation of the Code of Ethics for us to influence a lower board in City of Miami Page 213 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 anyway. So I want to make sure we don't --hut you're saying it's okay. So I would like to get their official opinion. Ms. Mendez: And that's definitely on behalf of a -- and we could also clarify that -- third party you're definitely not allowed to go before the lower boards. But we'll get clarification on -- Vice Chair Russell: Thank you. Ms. Mendez: -- that for you. Commissioner Reyes: Okay. Is that clear or do you want me to answer -- you want to ask any questions from Chief of Staff? I mean, you're welcome to it and it's great. The thing is -- Chair Hardemon: As long as we can swear him in. Commissioner Reyes: I would swear him in. I mean, there was no violation of any ethics or anything. If you want to do -- (INAUDIBLE) do it. If you want to make a complaint, do it. But this is not what we -- Vice Chair Russell: To clarify, I'm not filing any complaint. Commissioner Reyes: Okay. Vice Chair Russell: This is for all of our benefit so that we all know what we are allowed to do and not allowed to do, and I want to make sure we follow the rules. Commissioner Reyes: And I do understand. And I would like to call the roll on this if -- I'm moving it and I don't know if I have a second. I'm moving this -- the ordinance. Commissioner Carollo: First reading, right? Commissioner Reyes: Yes, first reading. Commissioner Carollo: I'll move it for the sake of further discussion on first reading. Commissioner Reyes: And I will second it and let's vote on it because -- Chair Hardemon: Commissioner, you want to say something on this one? The motion -- let's be clear. Is that for PZ.1 and PZ.2? Commissioner Diaz de la Portilla: No. It's on PZ 1 -- Chair Hardemon: Only on I? Commissioner Diaz de la Portilla: -- only. I think -- Chair Hardemon: Okay. Commissioner Reyes: PZ.1. Commissioner Diaz de la Portilla: -- that's what we're discussing now, right? And this is a singularly focused issue for Miami Freedom Park. City of Miami Page 214 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: It is -- Commissioner Diaz de la Portilla: That's what you're doing, right? Commissioner Reyes: No. It falls on that. That is partly true, but it is in order to respect -- Commissioner Diaz de la Portilla: Is itpartly true or is it completely true? Commissioner Reyes: No, no. It is true and this is to respect -- because I know that there were certain shenanigans that was trying to do, adding little pieces and little pieces to Miami Freedom -- I mean, to no net loss. And I said, "Well, let's get it straight. " Okay, and this is what it is. Commissioner Diaz de la Portilla: I think we're going to have -- Commissioners, I think we're going to have a debate. Maybe Ms. Escarra can come up again. I want to ask her a few questions. I think that the people of Miami voted -- I think 60 to 40 percent -- actually, 62 to 40 -- to 38 percent in District 1, the district I represent, in favor ofMiami Freedom Park. I haven't made a decision on Miami Freedom Park. I'm waiting for it to be a really, really good deal for the City of Miami. I know we're waiting for you guys to come to us again with additional information. You know the litany of issues that we're discussing and we need to discuss moving forward. You're coming back in May, I believe it is, maybe April or May or -- Ms. Escarra: Hopefully, before, but yes. Commissioner Diaz de la Portilla: Hopefully before, but I thought at our last meeting -- at one of our meetings when we discussed it, we talked about April but that's okay. You're coming down --you're coming in a few months so we can go over all the important issues. It's a very important project. It's in my district, the district I represent. And I --this is clearly a poison pill for that particular project. It's not based on parkland. It's not based on green space or any of that. I would venture to say there is no 20 acres of contiguous space -- I would say for sure there's not 20 acres of contiguous space there next to Miami -- where Miami Freedom Park would be in Grapeland Park -- or I'm sorry, in Melreese Golf Course. So it requires a unanimous vote which also makes it a poison pill, because we kind of know how to count votes here. Commissioner Reyes: I -- Commissioner Diaz de la Portilla: And so -- Commissioner Reyes: --this is no poison pill, sir. Commissioner Diaz de la Portilla: Excuse me? Commissioner Reyes: And this is no poison pill. This allows that we can swap land if they find it. Commissioner Diaz de la Portilla: No, this is -- Commissioner Reyes: It allows -- Commissioner Diaz de la Portilla: Well -- Commissioner Reyes: -- in order to keep on negotiate -- City of Miami Page 215 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: Well, I haven'tfinished, Commissioner. It's not - - it wasn't meant to offend you in any way. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I see it as a poison pill for a bigger project. I think your real intent here -- and I think people need to know what the real intent is. It doesn't mean it's a had intent. I mean, it could be your opinion and your idea and everyone knows what your opinion is. But -- Commissioner Reyes: No, no, no. That is a fact. I think -- Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: -- and I -- and let me correct you on something that you said. Commissioner Diaz de la Portilla: Well, I don't want to have a debate. (INAUDIBLE) we'll have an opportunity to have a debate. But I will tell you that this is my -- the district I represent now and I think the people elected me to represent this district. I think we have a policy -- maybe not a written policy but it was -- a certain amount of respect for the Commissioners from their districts and what happens in their districts -- a deference, if you want to call it that. And so, I want to wait to see what this project offers to my constituents, what jobs it creates, what the people in my district want, what community benefits we can get from them, how much money we can get for the City. And I want to see all sides of an argument before I make a decision. I like to make decisions based on the merit of the arguments not on emotion, but rather on the merits and I haven't seen that yet. Sol think this is clearly a "no. " It's a poison pill -- not in a had way but it's a poison pill for the entire project, so I'm going to vote against it, so you know, and that's my comments. Commissioner Reyes: Let me correct you in something that you said, that people voted for the -- for Freedom Park. People voted, you see -- and you have to understand this. By -- you see, the only thing that the Administration did was to gather three votes to place on the ballot a question that will bypass, you see, any -- I mean, competitive bidding. And the people voted to authorize the City Administration or the City of Miami to enter into an agreement -- or into negotiations without having competitive bidding, okay? That's all. They didn't vote (INAUDIBLE). Commissioner Diaz de la Portilla: No, I agree. Commissioner Reyes: It was a mandate saying you have to build. Commissioner Diaz de la Portilla: Well, you were here; I wasn't. Commissioner Reyes: Huh? Commissioner Diaz de la Portilla: You were here. I was not here when that happened. Commissioner Reyes: Okay but I -- Commissioner Diaz de la Portilla: I would -- I mean -- Commissioner Reyes: That's what I -- City of Miami Page 216 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: I never -- probably never would have voted for a single bidder. I've never voted in 16 years in Tallahassee for any process that -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: --is a single bidder process. Commissioner Reyes: And that's why -- Commissioner Diaz de la Portilla: So I would have voted against that. I would have tried to persuade my colleagues to vote against that kind of a process, but that's a process we've had. That's already voted on. I had nothing to do with that. Now I'm here and I'm the new Commissioner for the area and I consider this specifically targeted towards destroying an idea that hasn't really had an opportunity to get the input and the debate that it deserves. It's a big project, a big ticket item for the City, the whole city, but in particular, for District 1. So for me, it's important that we get - - have the whole debate and not try to kill it at its inception. So I'm going to vote against it, Commissioner, with all due respect. Commissioner Reyes: I don't think that this is going to kill it, because when they stood up here, we asked about no net loss, and that was my question. They said, "Don't worry about it. We will provide the same amount of land and we will find it." I mean, that was part of the conversation here. And Mr. Mas, he told us and he told the Commission that that was no problem, just as he promised a lot of things. And that was one of the questions that were placed to him. So if he committed himself to that -- I mean, to comply with the requirement, he shouldn't be afraid of this ordinance here; him, nobody else. The only thing that I want is -- and it just happened that this is the so-called Freedom Park, which is -- it wasn't called Freedom Park. It was the stadium -- soccer stadium. If this is not -- I mean, if no net loss is not applied and it is not enforced, then what most of us that are -- or most of us, everybody that is always, always claiming that they are protectors of green space, that they are protectors of parks, they're lying and that's what it is. They are hypocrites. They are lying, because this is just to protect what many people are saying. You laugh but you all --you were the green space Commissioner when I first got here. Okay, now anybody can vote for it. That's it. Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Can--? Chair Hardemon: Iris Escarra. Commissioner Carollo: What have the principals of the project done to find additional park space anywhere in the City? Ms. Escarra: We've actually been working a lot with the Administration to find a variety of different locations. We have found some locations that are actually owned by other jurisdictions to see if there's a way that we can add more parkland to the City. We're doing a bunch of --we're looking for parkland everywhere. We're also working on finding parks where there are no parks, because part of the criteria in the Code has to be that there are areas of the City that have no parks, right? So there has to be a usefulness. There has to be a location. So there's a variety of sites that we will be coming before you to walk you through them and show you all the -- Commissioner Carollo: Well, the first thing you said concerns me. The Administration. Because the Administration that we had before, as you could see, is City of Miami Page 217 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 no longer here. In fact, I don't know where they're at, but they're still collecting checks. So maybe the City Attorney could explain to me -- I think now we're in our fifth City Manager with Francisco -- three in one day alone -- and the other two guys are gone. Ms. Mendez: Francisco is just doing the PZs. Commissioner Carollo: And what's happened to the Charter -- Ms. Mendez: Don't give him a hard time. He's just -- Commissioner Carollo: -- in naming -- Ms. Mendez: -- doing the PZs. Commissioner Carollo: -- like the Mayor's supposed to. But -- Ms. Escarra: And if I could just clarify. I've actually met several times with your Planning staff, because they're the ones that are -- interpret the comp plan, and that's what we've been working on. Commissioner Carollo: Well, but you haven't met with the individual Commissioners. Ms. Escarra: No, no. We're trying to put that package together to meet with each Commissioner on the list of the sites. Commissioner Carollo: Yeah, but see, this is the problem. You're coming with packages instead of speaking to us, the ones that know our district better than anybody else. Ms. Escarra: I'm happy to do that. I'm happy to meet with each one of you, go through each one of your districts. Commissioner Carollo: For instance, do you know which is the district with the least amount of parks? Ms. Escarra: Yours Commissioner Carollo: You got it. Ms. Escarra: And actually, Commissioner Hardemon's is second in line. Chair Hardemon: Yes. Commissioner Carollo: Well, he's got a lot. Chair Hardemon: I've got a lot of parks. Ms. Escarra: In the sense of parkland? Chair Hardemon: Oh, you mean like the aggregate amount of parks. Ms. Escarra: Yeah. His is first and yours is -- Chair Hardemon: Because I have a lot of -- I know I have a lot of parks. City of Miami Page 218 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: But -- Ms. Escarra: Yeah, in quantity. Commissioner Carollo: -- I'm by far the smallest. In fact, Mr. Barreiro made sure that three acres of our parklands would be taken away when he fixed the deal with the Marlins, the worst deal we've ever made ever in the history of Miami -Dade or the City of Miami that we'll be paying into the next generations tens of millions of dollars -- hundreds of millions of dollars. There's three acres there that we lost; they took away in parkland. That whole area of Little Havana does not have a park. Ms. Escarra: Yeah. Commissioner Carollo: So the Administration I'm sure told you to go somewhere else. They didn't tell you to go into that area of Little Havana. And I could show you other areas. So I would suggest -- Ms. Escarra: I'll meet with each one of you. Yes, I'm happy to. Commissioner Carollo: --we meet so that you could see what areas we're in need of in District 3, which you've acknowledged is the district with the least amount -- Ms. Escarra: It is. Commissioner Carollo: -- of parkland. Now if I may ask you, what is the amount of dollars that have been put aside for this, the acquisition? Ms. Escarra: The amount of -- I don't understand your question. Commissioner Carollo: Well, you're going to buy the new land for parks. How much --? Ms. Escarra: I don't know -- that has not been finalized with regards to acquisition of land. Some of the land is current City land that's allocated for parks that we will be improving as parks. Some of the land will be new land that's going to be added. It's a combination of all different options. Commissioner Carollo: Yeah but is there an amount? Ms. Escarra: I have not come up with that number yet, because we don't have necessarily a targeted list yet. What we've been working on is mapping out the --the City's been working on mapping out all the City parks and all the areas that need parks that have no parks, so we could focus on the areas that have no parks. Commissioner Reyes: You're not including the circles and all -- Ms. Escarra: No, no, sir. No, no. Commissioner Reyes: No, like before, you see -- Ms. Escarra: No circles, no little rights -of -way. Commissioner Reyes: -- you're not including circles and little piece of land and this pocket park and all of that. City of Miami Page 219 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Escarra: We understand we're under a lot of scrutiny. We've been very careful in trying to find nice -- as big and chunky as possible, actually. Commissioner Carollo: Well, I hope that you're not going to be visiting members of the Commission the day before -- Ms. Escarra: Oh, no. Commissioner Carollo: -- there's a vote on this. Ms. Escarra: That's not my style. Commissioner Carollo: Thank you. Ms. Escarra: Thank you. Commissioner Reyes: Okay. Chair Hardemon: Any further discussion? Seeing none, all in favor of the motion, say „aye. " Commissioner Reyes: Aye. Nicole Ewan (Assistant City Clerk): Chair, just for the record -- Commissioner Carollo: What motion? Ms. Ewan: --public hearing is closed? Commissioner Carollo: What motion? Chair Hardemon: Well -- Commissioner Reyes: Motion to pass it. Commissioner Carollo: Oh, motion to pass. Chair Hardemon: Yes. And we had public hearing this morning so technically -- but the public hearing is closed. Commissioner Carollo: I -- Chair Hardemon: All in favor of the motion, say "aye. " Commissioner Reyes: Aye. Chair Hardemon: All against? Commissioner Carollo: I will vote "aye" only in first reading, reserving my right to change my vote on second reading. First of all, I would like to meet with the new Administration to go over this very carefully. I do believe that this has the possibility of killing this whole deal. At the same time, I don't know if we're going to have a deal at the end or not. It's going to depend, as I stated, at least my vote, if once we get the appraisals of market rate value, if they're going to be willing to pay that or not. And I'm -- been very clear on this all along where my vote is going to depend. And I don't think they're going to come back anywhere near the amount that was offered originally. But at the same time, if we're going to be talking about parkland, City of Miami Page 220 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 I have to see parkland created in areas that truly need it and District 3 is one, and particularly areas of Little Havana that have very little parks. And while I would love to see parkland in adjoining area and so on, that area is going to end up with enough parks (INAUDIBLE) will have the largest park inside the City if we don't include Virginia Key. So we have to spread some of it out. And that's my position, but this will come backfor second reading. Chair Hardemon: Mr. Clerk, roll call vote. Ms. Ewan: Roll call vote on item -- Commissioner Carollo: Did we have it already? Chair Hardemon: I couldn't understand the vote so roll call vote. Ms. Ewan: Roll call vote on Item PZ 1. Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: No. Ms. Ewan: Commissioner Reyes? Commissioner Reyes: Yes. Ms. Ewan: Commissioner Carollo? Commissioner Carollo: Yes, on first reading and for the reasons stated. Ms. Ewan: Vice Chair Russell? Is that a "no"? Vice Chair Russell: No. Ms. Ewan: And Chair Hardemon? Chair Hardemon: Against. Motion fails. Ms. Ewan: Motion -- Commissioner Reyes: It fails. Ms. Ewan: --fails, 2-3. Chair Hardemon: Correct. Commissioner Reyes: Okey dokey. City of Miami Page 221 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 PZ.2 ORDINANCE Second Reading 6798 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY and Mayor- PZ 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: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For additional minutes referencing Item PZ.2, please see "Public Comment Period for all Item(s)" and Item PZ.1. Chair Hardemon: PZ.2 was read into the record. Is there any motion on PZ.2? Commissioner Reyes: Move it. Commissioner Carollo: Excuse me, what -- PZ.2? Chair Hardemon: Yes. Commissioner Reyes: The AMI (area median income). Commissioner Carollo: Is there a motion? Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Carollo: Second. Chair Hardemon: Properly moved and seconded. Any discussion? Vice Chair Russell: Only that I still stand firm. I really believe that workforce housing is an important part of the entire spectrum that allows developers -- it attracts more developers in who can self -subsidize using workforce and even market rate so that they don't rely on us completely for the subsidy. I believe Commissioner Reyes' legislation -- his heart's in the absolute right place on this to make sure our subsidies serve the least fortunate. But I think we're taking a tool off the table that helps others help us in this process. And for that reason, I'm against it. Commissioner Reyes: I -- Commissioner Diaz de la Portilla: I -- go ahead. City of Miami Page 222 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Go ahead. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: I find myself agreeing with Commissioner Russell way too many times today and against my good fi^iend, Commissioner Reyes. I agree with you, Commissioner. As chair of the Omni CRA (Community Redevelopment Agency) now, this argument against mixed income, we can't make a lot of these projects work unless we have workforce housing and affordable housing in the same buildings. I think it would allow more -- it would also attract low- income residents to our City. I think it's a formula really for downward economic development. I think it's -- it may have the potential of creating ghettos without having that mixed use that is so essential, especially in the Omni CRA. And hopefully, I know Commissioner Carollo thinks it's 'pie in the sky" thinking, but an Allapattah CRA that can also benefit from workforce housing near the health district. And I think that mixed use is essential to have the kind of combination that we need for these developers to be able to come and build and get the financing that they need. And I want housing built, and I don't want just one kind of housing, so I'm going to vote against this, also. I think it treats the entire City as a whole without looking at the differences in the City and different parts of the City. I represent a very, very poor area of the City. I'm a big proponent of affordable housing, but I'm also a big proponent of workforce housing for all the people that need to live near the urban core, that need to live near the health district, and that they need to have developments that are affordable to them and that are -- they can live in so they don't have to travel far to get to their jobs. So I don't agree with a "one -size -fits -all" formula that you've come up with here. I don't think it works for a new Miami and certain parts of Miami. I think it may work in your district and maybe in parts of mine, but it doesn't work for all Miami. It definitely doesn't work for the Omni area and it doesn't workfor the East Allapattah area in particular. So I'm going to vote against it, Commissioner. Commissioner Reyes: Yes, sir. And you have the right to vote with whoever you want. But obviously, you don't understand this, because this -- Commissioner Diaz de la Portilla: (INAUDIBLE). Commissioner Reyes: No, you don't. Let me --because this is -- Commissioner Diaz de la Portilla: No, no. (INAUDIBLE). Commissioner Reyes: -- this -- the only thing that it does -- that this does is that those people that come and they want us to give them additional density and -- in exchange for affordable housing, that they really provide affordable housing. And I don't know if you understand that what they call now workforce, the only thing that is limiting that, the denomination of workforce, it is based on the -- I mean, on 100 percent of the AMI and not in 140, which is geared to those earners of 77, 000. But listen, I mean, you can do whatever you want and that's it. Commissioner Carollo: Let me withdraw my motion and second it. And I'd like to make a new motion to defer this item. Commissioner Reyes: Well, I accept deferral. Chair Hardemon: It's been properly moved and seconded to defer the item. Is there any discussion on that motion? City of Miami Page 223 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: Which date? Commissioner Carollo: I don't know until we have a new Manager that could have the time to sit down with me and some of you guys, if you wish to discuss this with you. I think both of you have made statements that are accurate. You need a balanced housing, but also, what Commissioner Reyes is saying is true. We're given this carrot by a lot of developers and it's usually not the small developer. They're pretty upfront in what they do. It's the big developer. They come in with the big projects. They get the big bonuses -- Commissioner Reyes: Yes. Commissioner Carollo: -- the 40, 50,60 percent more that they could build and they dangle that carrot. And then you find out that what you really thought was workforce housing is not as much workforce housing as you thought it was. Then who enforces it? So that's another problem that we have within the City of Miami that we have to correct. If we're going to be accepting workforce housing in exchange and giving people the right to build more units and more traffic and more use of water and everything, then we have to make sure that they're going to abide by their commitments. Right now, I truly feel that you have a lot of developers that are laughing at us, that in the past years they've gotten huge benefits, and, you know, no one's there to look at it, enforce it, you know. You come here, you promise the world and you go out and you don't do anything. So I think if we get true workforce housing at a level that would make it workforce housing in the City of Miami, yes, it's a balance we need, but "How do we make sure that's going to happen?" is the other question. So I -- you know, instead of just killing it now, I really think that we owe it to ourselves but even more so to the residents to see what we can come up with that might be a better solution for the residents. We certainly have to look at -- this can't go on like this, that we're giving away huge bonuses to developers without us getting any real hard dollars back from it. And I know it's great come campaign times for all of us. These guys want to be your best buddies. But this is not where it's at. We have to get a percentage, a reasonable percentage of their potential profits so that we could create not only workforce housing and affordable housing, but that we could spend in all the additional people that these projects are bringing into our neighborhoods. We're going to need more fire stations, you know, probably police substations. We're going to have to hire more firefighters, more police officers, more sanitation workers. Our streets are going to be taking a real hit that we're going to have to pave them more often. So these are all the stuff that we have to consider, and we better start doing it quickly, because in the next few years we could be approving thousands upon thousands of new units. And if we don't have a plan in place, we're going to do a tremendous disservice to the future of Miami. Commissioner Reyes: And if I may add that when we ask for affordable housing, we have to make sure that it's affordable. And the only way that we can offer affordability is if we use the right measure; the right measure that whatever they are going to charge in rent, it is payable, it is accessible to those people. But let's -- I mean, I accept the suggestion. I will withdraw it and I'll bring it back some other time, or we just defer it. Chair Hardemon: So the Chair will -- Commissioner Reyes: That's fine. Chair Hardemon: -- take that as a motion to defer indefinitely. Commissioner Carollo: I think that will be appropriate to indefinitely defer until -- City of Miami Page 224 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: That's right. Commissioner Carollo: -- we could be ready to bring it back. Chair Hardemon: Okay. All in favor of the --you're recognized, Commissioner -- Vice Chair Russell: Just a point of decorum. Commissioner Reyes, I see that you just tweeted -- and I don't know how you did it, because you're sitting right here -- disappointed in my colleagues, Ken Russell, Miami; Alex Diaz de la Portilla and Keon Hardemon. Commissioner Reyes: I'm not -- listen, I'm not quitting. I don't quit. I know when you're ganging on me. I know when you guys are ganging on me. Vice Chair Russell: You're disappointed in us. Commissioner Reyes: You see, no, no, no, no. Listen -- Vice Chair Russell: Why are you tweeting this? Commissioner Reyes: --I mean, this is -- Vice Chair Russell: How did you do that? Commissioner Reyes: -- not a surrender. It's a tactical retreat, okay? I'm not quitting. I'm just going to defer it and that's it. But I'm still -- and even the professors from FIU (Florida International University) that really understand what's going on, they gave me the -- I mean, they agreed with me and they agreed with mein my observation and what l proposed as affordable housing. They agreed with me. PZAB agreed with me, 9-0, you see. And this is something that we either have to face it and do it or not. But listen, let's vote on it and keep on moving, because I mean I don't want to be here until 10 o'clock, okay? Commissioner Carollo: Call the question. Commissioner Reyes: Call the question. Chair Hardemon: All in favor of the motion for indefinite deferral, say "aye. ". The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. City of Miami Page 225 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 PZ.3 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.3 was continued to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item PZ.3, please see "Order of the Day. " PZ.4 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: ......... ......... ......... ......... ......... ......... ......... ................... Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.4 was continued to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item PZ.4, please see "Order of the Day. " City of Miami Page 226 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 PZ.5 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: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. Item PZ.5 was continued to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item PZ.5, please see "Order of the Day. " END OF PLANNING AND ZONING ITEMS) a W 111111rIJc7N1IxMIl;9wevill1[•7ki FL.1 ORDINANCE 5131 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, "PLANNING Planning AS AMENDED, TITLED AND ZONING", SPECIFICALLY BY AMENDING ARTICLE III, SECTION 62-17, TITLED "PLANNING, ZONING AND APPEALS BOARD/PROCEEDINGS OF PLANNING, ZONING AND APPEALS BOARD"; AMENDING ARTICLE VI, SECTION 62-22, TITLED "ZONING AND PLANNING FEES/SCHEDULE OF FEES"; AND REMOVING ARTICLE VI, SECTION 62-24, TITLED "ZONING AND PLANNING FEES/FEE PAYMENT DEFERRED" TO REMOVE REFERENCES TO SPECIAL AREA PLANS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 227 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 7208 A RESOLUTION OF THE MIAMI CITY COMMISSION City Commission RESCHEDULING THE CITY COMMISSION MEETING SCHEDULED FOR THURSDAY, FEBRUARY 27, 2020 TO MONDAY, FEBRUARY 24, 2020 AT 9:00 A.M. ENACTMENT NUMBER: R-20-0032 ........ ......... ......... 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 Commissioner Diaz de la Portilla: Are we going to? -- Mr. Chairman, before you - Commissioner Reyes: Auburndale, I need one. Commissioner Diaz de la Portilla: -- do the next, can we discuss -- did we ever resolve the meeting issue and all that, when we're going to be meeting? Commissioner Carollo: We should do it now, because we're going to keep forgetting. Commissioner Diaz de la Portilla: Before -- if that's okay with you. Victoria Mendez (City Attorney): We need to discuss it, because there may be some advertising issues, and we may have to take items off that cannot be heard on that date, and we'll give you a list once -- Commissioner Diaz de la Portilla: Okay, can? -- Well, I don't know if the Mayor - Mayor Suarez: Yes. Commissioner Diaz de la Portilla: -- if you're amenable to this, if we do March -- like the March right after that, February 27? Commissioner Carollo: No, no. We need to do this in February. Commissioner Diaz de la Portilla: Okay, February 25. (INAUDIBLE) Commissioner Carollo: You don't get back until when? Commissioner Diaz de la Portilla: Some items cannot be on the agenda because -- Commissioner Carollo: When do you guys get back? Mayor Suarez: I think it's the 29th, I think. Commissioner Carollo: 29th. City of Miami Page 228 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: It could be that Monday instead of -- Commissioner Carollo: Monday, what? The -- Commissioner Diaz de la Portilla: Immediately after the 27th. Mayor Suarez: Yeah, but that would be the 2nd. Commissioner Carollo: The 2nd? Commissioner Diaz de la Portilla: 2nd. If you're okay with that, I mean. I'll do -- Commissioner Carollo: Can you do it on the 2nd? Mayor Suarez: I could do it the 2nd. I just -- I can do it the 2nd. I have something at 2:30 that I have to be at, butt can do it the 2nd. Commissioner Diaz de la Portilla: Okay. Mayor Suarez: I'll step out for that. Vice Chair Russell: I'm sorry, this is -- Commissioner Carollo: How about the rest of you? Can you all do it on the 2nd or -- 9 Vice Chair Russell: Of March? Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: Yeah. Mayor Suarez: I just want to be clear that if we don't do the 24th, I'll probably have to call a special meeting to rates the Manager. Commissioner Carollo: Well, okay. Commissioner Diaz de la Portilla: That's okay. Commissioner Carollo: Then -- no, no, no, no, no. Commissioner Diaz de la Portilla: Well -- Commissioner Carollo: Yeah, but the special meeting, when is it going to be called? So I think we probably need to do it then on the 24th. Mayor Suarez: It's fine with me. I don't have a problem with the 24th. Commissioner Carollo: Yeah, but it would make more sense. Mayor Suarez: The 24th would comply with the time requirements for the Manager. Commissioner Carollo: And then -- Commissioner Diaz de la Portilla: So that's the reason. Okay, that's work. What items -- may I ask the City Attorney or the Manager? -- City of Miami Page 229 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Deputy City Attorney Min: Just to let you know, on some of these, we're continuing to a date certain of February 27. So if we're going to change it to an earlier date, there's notice issues, which means we would not be able to meet those notice requirements, so it would be Art in Public Places, it would be a school appeal of 1267 Southwest 22nd Street. It is the land use and zoning changes for 3040 Carter Street. It is a Code amendment to Chapter 2 of the City Code concerning when meetings are adjourned. Commissioner Carollo: Those could all be put into the March 12 meeting Deputy City Attorney Min: Commissioner Reyes is sponsoring marinas in a CS (civic space), requiring an exception. That would have to roll over to March. The public storage facilities moratorium in District 1 would have to roll over. Commissioner Carollo: Yeah. That's going to have to wait, too, yeah. Deputy City Attorney Min: And then the food truck legislation would have to roll over. Commissioner Carollo: Okay. That's nothing there that can't wait until the 12th. Do you agree, Mr. Mayor? Mayor Suarez: Yeah, I'm fine with that. I'm fine with that. Commissioner Carollo: All right. Mayor Suarez: I'm fine with that. Commissioner Carollo: So the 24th okay then for everybody? Mayor Suarez: I'm fine with that. Commissioner Carollo: All right and we have until tomorrow. We're going to give it a four -day -- Mayor Suarez: Right. Commissioner Carollo: -- we have until tomorrow at S and to -- Mayor Suarez: Like I think we'll publish it tomorrow -- I mean, I'm sorry; instead of today, tomorrow. We'll do -- but he's saying to have it one more day. In other words, Monday --publish on Monday. Unidentified Speaker: Monday's a holiday. Mayor Suarez: So it would have to be Tuesday. So it would just be compressed. In other words, it would be three days. I mean, look, if any Commissioner feels uncomfortable, they can five-day rule it. They can five-day rule an item. Commissioner Carollo: Well, but a five-day rule now would require a majority to - Mayor Suarez: No. Any one Commissioner can invoke a five-day. Commissioner Carollo: No, that was -- City of Miami Page 230 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Victoria Mendez (City Attorney): Both right. One Commissioner can invoke, majority to -- that's what he's saying, the majority to override it. Mayor Suarez: Oh, there's a majority for it now? Commissioner Carollo: Yeah, we made a change to that. Mayor Suarez: Is that new? Okay. Ms. Mendez: It used to be unanimous. Mayor Suarez: Right. Ms. Mendez: We changed it to majority. Mayor Suarez: Got it. Commissioner Carollo: Yeah. Mayor Suarez: So majority could overrule the one Commissioner. Commissioner Carollo: Yeah. Mayor Suarez: Understood. Commissioner Carollo: That's true. Okay and you can't veto that. Mayor Suarez: No? I don't know. We got to take a look at that. We're going to take a look at that. Commissioner Carollo: Yeah, but which is the cleanest way that we could do it, Madam Ci ty A ttorney, so we don 'tget into any of that? Ms. Mendez: Well, if you -- Commissioner Carollo: If we make a resolution here that we're waiving only for this meeting the five-day rule and make it -- you said three days, or is it four days? Mayor Suarez: But I think -- Commissioner, in practical matters, the agenda is going to be published with three days. That wouldn't technically comply, so any Commissioner could theoretically on any item invoke the five-day rule. The Commission could, as you have just restated the rule, then override that Commissioner if the Commission feels that they want to hear the item. You understand what I'm saying? So there's no real need to, I don't think, suspend the five-day rule, per se. If you want to do that too, you can do that. I mean, that's on - Commissioner Carollo: I prefer to do it cleaner if we do that. This way there's no misunderstanding on anything. Ms. Mendez: All right. So if you would want to suspend the five-day rule, the thing is that it's -- normally, you have to invoke it to then suspend it. So you're asking to peremptorily do it and I don't know -- Chair Hardemon: I don't think you have the right to do that. Ms. Mendez: I don't know that that can be done, because it just -- it says City of Miami Page 231 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: It's supposed to be at the time of, right? Ms. Mendez: Once the rule is invoked, no action can be taken on the resolution or ordinance unless the rule is suspended by the majority vote of the Commissioners present. The point is if nobody invokes it, there's no problem. Commissioner Carollo: Okay, so what -- Ms. Mendez: The agenda -- the whole agenda could be heard. Commissioner Carollo: What we will need to do then is to make a resolution for a three-day rule and if nobody invokes it, it passes. And the Mayor, I guess, will state that he won't veto it, and we're home free. You okay with that? Ms. Mendez: The thing is that -- Mayor Suarez: It's an ordinance. Ms. Mendez: -- the rule -- Mayor Suarez: It's an ordinance. Ms. Mendez: -- is deemed suspended unless invoked by a Commissioner -- Mayor Suarez: Right. Ms. Mendez: -- before the Commission takes action on the resolution or ordinance in question. So you could hear the whole agenda as long as nobody invokes the rule wiping out the whole agenda -- Mayor Suarez: But even if someone invokes the rule -- Commissioner Carollo: The whole agenda. On the whole agenda, we're talking about. Mayor Suarez: Right. But even if anyone invokes the rule with regard to the whole agenda or any one item, the Commission still has a right to overrule, right? The Commission still has a right -- Chair Hardemon: Now it's the majority; before it used to be -- Mayor Suarez: No, it was only one Commissioner could -- Commissioner Carollo: Yeah. Chair Hardemon: Right, I know, but only -- Commissioner Carollo: Now it's the majority. It's just the majority. Ms. Mendez: Unless someone invokes the rule, we don't have a problem. Mayor Suarez: Right. Ms. Mendez: If somebody invokes the rule -- Mayor Suarez: You still don't have a problem. City of Miami Page 232 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Mendez: -- then you need to vote majority to listen to it, so you're fine. Commissioner Reyes: Then you need the commitment of everybody here that they don't change their mind and they don't invoke the rule. Ms. Mendez: Mr. Min says that if you would like, you can invoke the rule now and then vote -- Commissioner Reyes: That is -- Ms. Mendez: -- peremptorily but that -- I just don't -- I don't think it's necessary. Commissioner Reyes: That is figuratively now, right? Commissioner Carollo: Yeah, let's just do it, okay, so let -- Chair Hardemon: There's no agenda. Why do you want to complicate things -- Unidentified Speaker: Yeah. Chair Hardemon: --Mr. Min? Ms. Mendez: I think that we are better off just knowing that we have the three days. If there are some items like the Mayor had advised that someone feels uncomfortable with, you invoke the rule and usually the -- everybody, you know, can address it at that time. Commissioner Carollo: Okay. Ms. Mendez: But as it's set, you will have until when to turn in an item maybe? (INAUDIBLE COMMENTS MADE OFF THE RECORD) Ms. Mendez: A distribution -- Mayor Suarez: Five business days. Ms. Mendez: Well, Tuesday. (INAUDIBLE COMMENTS MADE OFF THE RECORD) Mayor Suarez: Yeah, so any additional items that want to be on an agenda would have to be submitted by tomorrow. Fair enough? Commissioner Reyes: Fair enough. Mayor Suarez: Noon tomorrow. Commissioner Reyes: Okay. Mayor Suarez: Noon tomorrow for a deadline then for submission. Chair Hardemon: So is there a motion to set -- Commissioner Carollo: You know, look -- City of Miami Page 233 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: Remember, we don't have Monday. We don't have Monday. Monday's a holiday. Commissioner Carollo: Yeah, but I -- that's right. We forgot about that. Monday's a holiday. But I'm going to be on the radio in the morning, so I need a little time. Commissioner Reyes: Waive the five-day rule. Let's waive the five-day rule. Commissioner Diaz de la Portilla: S p. m. instead of 12. Chair Hardemon: Look, I -- you know, some of us plan our schedules around -- like I plan my schedule around -- Mayor Suarez: At S -- okay, so S p.m.? Okay, so S p.m. Chair Hardemon: No, no. Commissioner Diaz de la Portilla: S p. m. is fine. Mayor Suarez: No? Commissioner Diaz de la Portilla: No, I mean the deadline for tomorrow. Chair Hardemon: Oh, the deadline. Mayor Suarez: The deadline. Chair Hardemon: Oh, okay. I thought you said the meeting time. Mayor Suarez: No, no, no, no, no. The deadline. The deadline is S p.m. then. Deadline of S p.m. tomorrow, so you have all day tomorrow. You can get off the radio -- Ms. Mendez: Just one -- Mayor Suarez: -- after beating up on me, and then you can go and submit -- Ms. Mendez: -- I am not -- Mayor Suarez: I'm just messing with you. I'm messing with you. Ms. Mendez: -- I would like to -- Commissioner Carollo: You're trying to bond with me, you know. Mayor Suarez: You want to go on the radio together? Commissioner Carollo: I never thought I d get an invite. I almost started thinking - Mayor Suarez: We can go -- Commissioner Carollo: -- you didn't like me. Mayor Suarez: -- on the radio holding hands. Commissioner Carollo: Otherwise, I'd get invited. City of Miami Page 234 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Ms. Mendez: I would just like to bring up that it is the Friday before a long weekend and some people had plans. If it could be a little earlier, like 2 p. m. -- Mayor Suarez: Can we do 2 p. m. ? Ms. Mendez: I'm going to be here all weekend, so it won't matter. Mayor Suarez: Can we do 2 p. m. ? Ms. Mendez: But I'm just saying for other colleagues who won't be here. Mayor Suarez: How about 2 p. m. ? Is 2 p. m. okay, 2 p. m. so that? -- Commissioner Carollo: Mayor -- Ms. Mendez: Just to have a little cushion to be able -- because after you provide us with legislation, then the real work begins, so -- Commissioner Carollo: Okay, let's make it at least 3, you know. Mayor Suarez: Fine. Commissioner Carollo: One hour more. Commissioner Diaz de la Portilla: 2: 30. Mayor Suarez: Can we do 2:12 and 30 seconds? No, I'm just kidding. 2: 30, 2: 30. Everybody agrees on 2: 30? Okay, 2:30. 2: 45? Commissioner Carollo: Well, as long as you don't give me that hour and 23 minutes that Emilio got, you know, that's pretty quick. Mayor Suarez: Come on, man. Let it go. Have you ever seen the movie Frozen? Let it go, let it go. Just let it go, man. Commissioner Carollo: So those are the movies you like, huh? Chair Hardemon: It's a very popular song. Commissioner Carollo: Okay. Chair Hardemon: Very popular song. Commissioner Carollo: Now you know what you're going to watch on the plane. Commissioner Diaz de la Portilla: I like Frozen. Chair Hardemon: So is there a motion? Commissioner Diaz de la Portilla: I move it. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded that we -- well, it was captured on the record. Commissioner Diaz de la Portilla: 2: 30. City of Miami Page 235 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: What is? Chair Hardemon: Everything was captured on the record, I'm sure. Seeing no further discussion, all in favor say "aye. " Todd B. Hannon (City Clerk): Chair, fi^iendly reminder, public hearing. Chair Hardemon: On the scheduling of a meeting? Mr. Hannon: Madam City Attorney, is a public hearing required for this resolution or no? Ms. Mendez: To set the new meeting, technically, yes. Chair Hardemon: Before we take a vote, I'll open the floor for public comment. Is there anyone from the public that would like to speak on this resolution? Commissioner Reyes: No. Chair Hardemon: It's been identified by the non -lawyer in the group that there's no one here for public discussion, so I'll close for public comment. All in favor of it, say „aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Mayor Suarez: Mr. Chair, if I may ask for a favor from the Commission. Chair Hardemon: You may do so. Mayor Suarez: Today is my wife's 40th birthday so, yeah, if any items related to me Vice Chair Russell: I don't know if you were supposed to say the age. You were supposed to say it's her birthday but I don't know if you were supposed to -- Ms. Mendez: But he's got a great present. Mayor Suarez: I want to (INAUDIBLE). Ms. Mendez: He's got a great present he's about to give her. Mayor Suarez: I want to emphasize the significance of it because it's not just a regular birthday, right? So any items related to me, if you can -- if we can have them done by the next 45 minutes, I would appreciate it. So, Commissioner, if you want -- Commissioner Carollo: Let me -- Mayor Suarez: -- let the punching begin. You can punch -- Commissioner Carollo: Let me -- Ms. Mendez: She's entitled to a big gift. I hope it's a big gift. Mayor Suarez: I just want to be there, you know. I want to be there. City of Miami Page 236 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 NA.2 RESOLUTION 7209 A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING City Commission THAT ANY MUSICAL GROUPS THAT SUPPORT DICTATORIAL REGIMES AND THEREBY REAP THE REWARDS OF THEIR COMPLICITY WITH SUCH REGIMES ARE NOT WELCOME IN THE CITY AND ANY SUCH GROUPS THAT HAVE RECEIVED CEREMONIAL KEYS TO THE CITY OR SIMILAR PROCLAMATIONS SHOULD IMMEDIATELY RETURN SAID KEYS AND PROCLAMATIONS UNTIL SUCH GROUPS ARE WILLING TO STAND WITH THE FREEDOM LOVING PEOPLE OF THE CITY AND DENOUNCE THE CUBAN REGIME, AND OTHER SIMILAR DICTATORIAL REGIMES, AND DEMAND RESPECT FOR THE BASIC HUMAN RIGHTS OF ALL OF THE VICTIM'S OF SUCH REGIMES. ENACTMENT NUMBER: R-20-0033 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes ABSENT: Hardemon, Russell Commissioner Carollo: All right. If I could bring the motions that I had and one pocket. I'm going to bring the motion that I had -- I don't know what number you guys gave it since you put it twice and you took one out. It's the resolution about the key. Victoria Mendez (City Attorney): The keys or the key? Commissioner Carollo: No, "the" key. "The" key. It's a resolution of the Miami City Commission arming that any musical groups that support dictatorial regimes and thereby reap the rewards of the complicity with such regimes are not welcome in the City, and any such groups that have received ceremonial keys to the City or similar proclamations should immediately return said keys and proclamations until such groups are willing to stand with the freedom -loving people of the City and denounce the Cuban regime and other similar dictatorial regimes, and demand respect for the basic human rights of all the victims of such regimes. Whereas, in 2016, Mayor Tomas Regalado and members of the Miami City Commission presented a Cuban musical group, Genie de Zona, with a ceremonial key to the City of Miami, Florida; and whereas, subsequent to this goodwill gesture from the City of Miami, the group, Genie de Zona, was observed sharing the stage in Havana, Cuba with Raul Guillermo Rodriguez Castro, grandson of Raul Castro, the strongman of the Cuban Regime; and whereas, Genie de Zona, while performing in Cuba, called the Cuban Dictator Miguel Diaz-Canel their President and asked for applause for him; and whereas, Genie de Zona have taken their picture with the Cuban flag with the picture of Che Guevara on it; and whereas, all of the stated above were highly perceived as insensitive to the plight of the Cuban diaspora in Miami; and whereas, thereafter, there was a groundswell of citizens' anger in Miami over the group's insensitivity, which caused a cry from the community to rescind the good will gesture and demand a return of the leys to the City; and whereas, the group's attitude towards the Miami community has been considered as an offense to the many Cuban exiles in Miami who had been victims of the Cuban dictatorial regime and whose wounds have not yet healed; and whereas, the former Mayor publicly demanded for the keys to the City to be returned, however no record City of Miami Page 237 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 of its return has been found; and whereas, the Miami City Commission recently resolved the support for freedom of expression and found that it should be available to all and not just a favored few; and whereas, the Miami City Commission wishes to rearm that musical groups that support dictatorial regimes and thereby reap the rewards of their complicity with such regimes are not welcome in the City, and any such groups that have received ceremonial keys to the City should immediately return said keys until such groups are willing to denounce the Cuban regime and demand the respect for basic human rights for all Cubans, and similar victims of other dictatorial regimes; and whereas, pursuant to Section 2-33(fi of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deems this Resolution to be of an emergency nature in order to immediately protect the public health, welfare, and safety of the City's residents, now therefore, be it resolved that the Commission of the City of Miami, Florida, Section 1, the recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2, the Miami City Commission hereby resolves that any musical groups that support dictatorial regimes and thereby reap the rewards of their complicity with such regimes are not welcome in the City and any such groups that have received ceremonial keys to the City or similar proclamations should immediately return said keys and proclamations until such groups are willing to stand with the freedom -loving people of the City and denounce the Cuban regime, and other similar dictatorial regimes, and demand respect for the basic human rights for all of the victims of such regimes. Section 3, this Resolution shall be effective immediately upon its adoption. I so make a resolution -- a motion for the approval of this resolution. Commissioner Reyes: I will second this resolution but I want to also add that any other performer or actor or actresses not -- of any nationality or race that goes to Cuba and act like -- I will say, act like they sympathize with the regime, because a key was awarded also to Will Smith, who is a regular in Cuba and he even goes and he participates in marathons and he goes to run -- to race marathon, to learn how to dance salsa, and take pictures with -- under the Che Guevarafigure. Commissioner Carollo: I accept that, Commissioner, even though I thought it was kind of clear here but to make it clearer, I accept that. It's no problem. Okay. Commissioner Reyes: Who is? -- Commissioner Diaz de la Portilla: All those in favor? I'll chair, if you want. Commissioner Reyes: Who has the gavel? Commissioner Diaz de la Portilla: I will; don't worry. Commissioner Reyes: Joe, chair the -- like when you were -- Commissioner Diaz de la Portilla: All right. Commissioner Reyes: They don't want you, man. Victoria Mendez (City Attorney): Commissioner. Commissioner Reyes: Why didn't you give it to Joe? Commissioner Carollo: Hey, he's had practice too, as the -- well, what was it that you were, up there? Pro -- Commissioner Diaz de la Portilla: Pro temp. City of Miami Page 238 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Okay. Commissioner Reyes: Pro temp. Commissioner Carollo: Pro something, I knew. Commissioner Diaz de la Portilla: Yeah, pro -- Commissioner Reyes: Okay, Senator. I'll say, "Mr. President." Commissioner Diaz de la Portilla: All those in favor say "aye. " Todd B. Hannon (City Clerk): I'm sorry, Commissioner. Public hearing. Commissioner Diaz de la Portilla: Is there anyone from the public who wants to address the Commission? Seeing no one, all those in favor say "aye. " The Commission (Collectively): Aye. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: What's the next item you want to hear, Commissioner? Commissioner Carollo: Let me bring -- Commissioner Diaz de la Portilla: I would request, Mr. Secretary -- Mr. Clerk, if you can get the other Commissioners here. We just read, I think, a very important resolution for -- especially for the Cuban American members of this Commission. I think it would be respectful if they would be here during those kind of resolutions to the rest of the body and to the majority of the people of the City of Miami. Ms. Mendez: And it was as amended. Commissioner Diaz de la Portilla: As amended. Commissioner Carollo: Yeah, as amended. Mr. Hannon: It's a pocket item. Commissioner Diaz de la Portilla: Pocket item. Commissioner Carollo: It wasn't a pocket item. It was in the -- Commissioner Diaz de la Portilla: It was handed out as a pocket item, right? Commissioner Carollo: Yeah. This was duly put in place on the agenda. Mr. Hannon: There's a discussion item on the agenda pertaining to -- Commissioner Diaz de la Portilla: There's a discussion item but the -- Mr. Hannon: -- keys to the City. Commissioner Diaz de la Portilla: -- resolution -- Mr. Hannon: But the resolution isn't on the agenda. City of Miami Page 239 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Diaz de la Portilla: -- is a pocket item. Mr. Hannon: So when the resolution is introduced, we consider that a pocket item because — Commissioner Carollo: It shouldn't have been placed as a discussion but that's fine. You're technically correct in what you're saying, Mr. Clerk. Mr. Hannon: Yes, sir. And Commissioner Diaz de la Portilla, you would like all five Commissioners on the dais to vote on this? Commissioner Diaz de la Portilla: No, we already voted. Commissioner Carollo: We already voted. Commissioner Diaz de la Portilla: That's just a statement -- Mr. Hannon: Recognize -- Commissioner Diaz de la Portilla: Yeah. Mr. Hannon: -- the significance of this resolution. Commissioner Diaz de la Portilla: Yeah. Mr. Hannon: Yes, sir; one moment. NA.3 RESOLUTION 7210 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING City Commission THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO DEVELOP A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE") AND/OR THE FEDERAL BUREAU OF INVESTIGATION ("FBI"), AS APPROPRIATE, TO DIRECT ALL CRIMINAL INVESTIGATIONS OF CITY OF MIAMI ELECTED OFFICIALS AND THEIR PRESENT AND FORMER PERSONNEL TO FDLE AND/OR THE FBI FOR APPROPRIATE INVESTIGATION IN ORDER TO AVOID ANY PERCEIVED CONFLICTS IN ANY SUCH PROCESS; FURTHER DIRECTING THAT THE MEMORANDUM OF UNDERSTANDING SHALL BE BROUGHT BEFORE THE CITY COMMISSION FOR APPROVAL WITHIN THIRTY (30) DAYS; AND FURTHER DIRECTING THE CITY MANAGER, IN THE INTERIM PERIOD, UNTIL THE MOU IS APPROVED BY THE CITY COMMISSION, TO FORWARD ANY PENDING CRIMINAL INVESTIGATIONS OF CITY OF MIAMI ELECTED OFFICIALS AND THEIR PRESENT AND FORMER PERSONNEL TO FDLE AND/OR THE FBI. ENACTMENT NUMBER: R-20-0034 City of Miami Page 240 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon Commissioner Diaz de la Portilla: Commissioner, you wanted to address some of the matters -- Commissioner Carollo: Yes, I do. Commissioner Diaz de la Portilla: The Mayor had requested that you wanted to address a discussion, key to the City. Commissioner Carollo: I have two more. Well, before I bring the key to the City, let me bring one that's quicker. This is a pocket item and I will read it. I think it was passed out. It's a resolution of the Miami City Commission directing the City Manager to take any and all steps necessary to develop a Memorandum of Understanding with the Florida Department of Law Enforcement and/or the Federal Bureau of Investigation, as appropriate, to direct all criminal investigations of City of Miami elected officials and their present and former personnel to FDLE (Florida Department of Law Enforcement) and/or the FBI (Federal Bureau of Investigation) for appropriate investigation in order to avoid any perceived conflicts in any such process; further directing that the Memorandum of Understanding shall be brought before the City Commission for approval within 30 days; and further directing the City Manager, in the interim period, until this is approved, the MOU is approved by the City Commission, to move forward any pending criminal investigations of City of Miami elected officials and their present and former personnel to FDLE and/or the FBI Whereas, the need for criminal investigations into elected officials of the City of Miami or their present and former personnel, occasionally arises; and whereas, the handling of such investigations by the City of Miami Police Department may create the perception of conflict or impropriety; and whereas, the Miami City Commission desires that any such investigations proceed in a transparent manner, free from potential or perceived conflicts; and whereas, in accordance with Section 2-33(f) of the City Code of the City of Miami, by a majority vote, hereby deems this Resolution to be of an emergency nature; now, therefore, be it resolved by the Commission of the City of Miami, Florida: Section 1, the recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2, the City Commission hereby directs the City Manager to take any and all necessary steps to develop a Memorandum of Understanding with the Florida Department of Law Enforcement and/or the Federal Bureau of Investigation direct all criminal investigations of City of Miami elected officials and their present and former personnel to FDLE and/or the FBI, as appropriate, for investigation, in order to avoid any perceived conflicts in any such process. Section 3, the Memorandum of Understanding shall be brought before the City Commission within thirty days of its approval. Section 4, in the interim, until the Memorandum of Understanding is approved by the City Commission, the City Commission hereby directs the City Manager to forward any pending criminal investigations of City of Miami elected officials and their present and former personnel to the Florida Department of Law Enforcement and/or the FBI Section S, this Resolution shall become effective immediately upon its adoption. Yes. Commissioner Reyes: Could you please explain Section 4? City of Miami Page 241 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: Yes. Commissioner Reyes: I mean, make it clear. Commissioner Carollo: (INAUDIBLE) including any investigation of any elected official, any one of our employees or former employees, it should be sent either to the Florida Department of Law Enforcement or the FBI, depending which is the appropriate agency. Commissioner Reyes: Or cooperate with them, work with them, too. Commissioner Carollo: Well, if they want cooperation, they'll be the ones directing it, but they have to send the investigation to one of those two agencies for those agencies to be the ones that handle it. Obviously, in the present case we have, there -- there's work that's been done already that they're going to have to bring those agencies up to date on it. But once that's done, anything in addition that comes up, those agencies will be the ones handling it. Vice Chair Russell: Thank you. Chief, you'd like to be recognized? Chief Jorge Colina: Yes, just a couple of points, where you may want to consider amending. It's a lot of employees when you say, 'past employees"; and so, you may want to consider a timeframe. Unidentified Speaker: Yeah. Chief Colina: Past employees of the last year something like that. Commissioner Carollo: That's a good way of looking at it, Chief. I think within a two-year span I think should be sufficient, but that's a good point. I appreciate that. Vice Chair Russell: Commissioner, you're recognized. Commissioner Diaz de la Portilla: This applies only to investigations that are being handled by the Miami Police Department right now? Commissioner Carollo: This applies to investigations of the Miami Police Department now or in the future. Commissioner Diaz de la Portilla: But only to investigations by the Miami Police Department? Commissioner Carollo: That's correct. That's only what we could deal with; that any investigations that they would have before -- basically what we're saying is they cannot investigate elected officials, City employees or former City employees that have been --former, within the last two years. They have to pass it down to either the State Florida Department of Law Enforcement if it's a State issue or to the Federal Bureau of Investigation, if it's a Federal issue. Chair Hardemon: So does that mean that a City of Miami --? So the immediate thing that I think about is obviously there's been more than one Commissioner that's been investigated by Miami City Police. But the one that I most think about is Arthur Teele; where he pulls over, basically an unmarked police car who is supposedly identified as a City of Miami police officer, and the officer won't identify himself. In that interaction, he ends up being arrested and charged with a crime or two. And, of course, in that situation, I think he was -- that person was following his wife is what he said. City of Miami Page 242 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: That's right. Chair Hardemon: So what you're saying is that a City of Miami police officer could not follow -- Commissioner Carollo: Exactly. Chair Hardemon: -- and investigate -- Commissioner Carollo: Exactly. Chair Hardemon: -- Arthur Teele. Commissioner Carollo: Anything they have that they feel, should it be investigated, they need to send it to one of the two agencies that we've put forth in this resolution. Chair Hardemon: And what about -- even a special agency, like if there's a task force that's duly knighted by the FBI or something that works hand in hand with the police? Commissioner Carollo: Well, this is Florida Department of Law Enforcement. This is the FBI that would be handling this. Chair Hardemon: And the only other question is, is this -- is -- can we do this? Can we do this? Victoria Mendez (City Attorney): We presently have an MOU (Memorandum of Understanding) with FDLE where we send the police -involved shootings, and death incarcerations, there's another one somewhere. So, yes, we can amend that one with FDLE and add these types of incidents that involve elected officials and personnel investigations if you so direct. Commissioner Reyes: This does not mean that any type of investigation could be sent -- I don't think -- Ms. Mendez: No, no. It's limited to just elected officials and their -- Commissioner Reyes: Elected officials or -- Ms. Mendez: --personnel. Commissioner Reyes: -- any type of -- Ms. Mendez: Criminal investigations. Commissioner Reyes: -- criminal investigation but what type --? Define "criminal. " Ms. Mendez: Anything that is criminal in nature against, you know -- Chair Hardemon: Punishable by -- (UNINTELLIGIBLE, MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: They have different type -- Ms. Mendez: Punishable by jail. City of Miami Page 243 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: -- of crimes, you see. Is driving on DWI (driving while intoxicated) a criminal offense? Ms. Mendez: It depends. Driving while license suspended knowingly is. Commissioner Reyes: And will that be, Commissioner, also referred to -- or more -- be more specific on the type of criminal activities that should be referred. Ms. Mendez: So those are called criminal traffic violations. Commissioner Reyes: You see, I mean that's -- Commissioner Carollo: Well, you could take traffic out of there, if it pleases everyone. Commissioner Reyes: That's right. Commissioner Carollo: You could say non -traffic but -- Commissioner Reyes: No, no. What I'm saying is that if the -- once the -- I mean, the action of calling FBI and saying, "Listen, I'm investigating Manolo, because they told me that --" "Oh, well, he was driving while he left Mr. Hardemon bar and he had a couple of drinks and he was stopped, " you see. And I mean that kind of investigation shouldn't be -- Commissioner Carollo: We're not talking about that. Commissioner Reyes: No, that's -- Commissioner Carollo: And that will cover what you're saying. Commissioner Reyes: That's right. Commissioner Carollo: That would cover traffic stuff. They're not going to be calling -- First of all, the FBI would not have any jurisdiction over that. Commissioner Reyes: Yes. But what I want to do is be more -- Chair Hardemon: Unless you have drugs and a gun. Commissioner Reyes: -- what kind of a -- because I know where you're heading and I agree with you that they should be investigated if the crime that is committed is -- Commissioner Carollo: We're talking about serious criminal wrongdoing. If this department would have any solid information of any criminal wrongdoing of any elected official, people that have worked for the elected officials or people that have worked for us within the past two years that it be sent to the Florida Department of Law Enforcement or the FBI. And frankly, I think they should be relieved of that because that's a no -win for any police department in any part of the country to get involved in -- with elected officials or people that work for them and that's the way it should be. Commissioner Reyes: That's a good point. Commissioner Carollo: Now, supposedly, there was a rule within the Police Department that that was not done, at least with elected officials, that it was referred. But as you pointed out, it was not all the time. And what we're doing is we're making City of Miami Page 244 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 it official now that this is the policy of this Commission and will be the policy of the City of Miami. And you can't be any more transparent than this. Chief Colina: Mr. Chair. Chair Hardemon: You're recognized. Well, no. Vice Chair Russell: I'm sorry. Chief, please. Chair Hardemon: Vice Chairman, after you speak. Vice Chair Russell: No, please, Chief. Go ahead. Chair Hardemon: Go ahead, Chief. Chief Colina: Our current policy is that we don't have any investigations against any sitting Commissioner. If there was information on corruption on any City of Miami Commissioner, what we'd do is we, in fact, defer that; that way, there is absolutely no conflict. No one can claim that this is driven by personal agenda. So if we had something, we would already be deferring that, so I have no objection whatsoever. The only caveat I would add though, something to consider, I don't know if we can add language as -- obviously if there was something that was real-time, that is unavoidable, you know, something -- Commissioner Reyes gave an example of if you pull somebody over because they happen to be DUI Obviously, that's not a situation where we're going to call another agency. Or if a Commissioner is stopped soliciting, you know -- Chair Hardemon: Prostitution? Chief Colina: Those things happen. I'm just giving you -- those are things that -- Commissioner Carollo: Chief. Chief Colina: -- at the time, obviously, if it's real-time, we wouldn't be able to -- you know, that would be real time. But in terms of a protracted investigation, I don't have any objection if it's a protracted investigation turning that over -- Commissioner Carollo: And this is what we're talking about, Chief. Chief Colina: Yeah. Commissioner Carollo: I mean, something like that, you would have to make the arrest and immediately give it then to FDLE to handle. Commissioner Reyes: Okay. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you very much. And Commissioner Carollo, I understand where you're going with this and I do support it. I have a lot of questions, though, and that's -- I want to make sure we get it right. And I'm wondering if maybe the smarter thing is to take this up at a coming meeting after we can talk with the City Attorney, talk with the Chief. Commissioner Carollo: Well -- Vice Chair Russell: For example, I -- City of Miami Page 245 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- the Chief has made his statement. Vice Chair Russell: Yeah, and that is very helpful. That gives me a lot of comfort here, because what I want to make sure is this actually doesn't slow down our ability to get to the bottom of a situation -- Commissioner Carollo: No. Vice Chair Russell: -- by passing it off to a Federal agency -- Commissioner Carollo: No. Vice Chair Russell: -- that may not have its boots on the ground as quickly or a case where -- I don't know. I just don't want to hamper an investigation -- Commissioner Carollo: Not at all. Vice Chair Russell: -- that should move more quickly. And then what about the State Attorney's Office? I notice that's not mentioned in here. So -- because they have a Public Corruption Unit, actually. Unidentified Speaker: They do have a Public Corruption Unit, the State Attorney's Office. Vice Chair Russell: Yes. So is that not -- are you excluding them purposely or --? Commissioner Carollo: No. We're -- I mean, we could even use the Miami -Dade PD (Police Department). The reason I put in these two agencies -- Vice Chair Russell: You just want to take out the conflict Commissioner Carollo: -- they're the -- Take out all the conflicts. And these are the two biggest investigative agencies, per se, in name that we have. Florida Department of Law Enforcement is like our state FBI The FBI is the FBI You know, this is not that we don't want anybody else in or not. It's that we're going to the two biggest names that we have, State level and Federal level to voice totally all conflict that there could be at the local level. Vice Chair Russell: Do you intend for this to include Administration, as well, or just elected and elected employees? Commissioner Carollo: No, no, no, no. Look, the Administration and other employees are the Administration and other employees. Vice Chair Russell: That's fine. Okay. Commissioner Carollo: They could decide if they feel that they need to do that, that's fine but that's different. Vice Chair Russell: Would you include the State Attorney's Office in this if -- as an amendment so that they have the freedom to work together with them, as well, or are we purposely excluding them? Commissioner Carollo: I -- look, we just had a case that the State Attorney's Office -- Vice Chair Russell: Conflicted themselves. City of Miami Page 246 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- excused themselves. And when you're talking about elected officials and their personnel, that could happen quite often. I will tell you in the past when we had a City Manager that ended up -- and former Police Chief, for that matter that ended up being arrested by the FBI, and when I fired him, he came with all kinds of wild stories about me. The State Attorney recused herself, because she knew me and so on. The Governor gave it to another State Attorney that found that I had done nothing wrong, whatsoever. And the chap that made the accusations went to jail for stealing while he was a City employee. So this is why I think it's best that we leave it this way. I mean, you're going to two of the biggest agencies. Then they could be accused that they're shopping this from one to the other. You know, I even thought of maybe including Miami PD, but then they could be accused -- well, why not one -- what -- and not the other? If we're putting down Florida Department of Law Enforcement, that's where it's going to go if it's a State crime. If it's the Federal Bureau of Investigation, they could go there if it's a Federal crime. If it's both, they have the option if the Federal Bureau of Investigations don't want to take it, then they could bring it to the State. Vice Chair Russell: I'm, thankfully, not familiar with this. So what is the difference between what the FDLE would investigate and what the State Attorney's Public Corruption Unit would investigate? Because if this is their only job, the Public Corruption Unit of the State Attorney, is to come after us if we do wrong, they ain't going to have any work. Chair Hardemon: So speaking -- I will tell you -- Commissioner Carollo: They got the rest of the other 33 cities in the County to deal with. Chair Hardemon: Miami-Dade's Public Corruption Task Force is made for you. Vice Chair Russell: Me, personally? Chair Hardemon: Made for you. No, butt want to make that personally for you. It is made for you -- Vice Chair Russell: Yeah. Chair Hardemon: -- and other people that are like you, but mostly you. And so, they can be just as -- and they probably will say that they are not -- but they can be just as biased, influenced, moved -- either good or had -- by the things that you do as other people that are close to you, for instance, that may work for the City of Miami. If he's trying to avoid what he's saying, I wouldn't recommend leaving it to them, as well. Vice Chair Russell: Understood. Chair Hardemon: They'll put a two-year investigation on you for -- Vice Chair Russell: But if their charge is to -- Chair Hardemon: -- a misdemeanor. Vice Chair Russell: -- watch us, do we have the legal ability to exclude them? Chair Hardemon: I don't think we have the ability to exclude them. That's why I -- City of Miami Page 247 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: We can refer to who we want, the FBI and the FDLE, I mean, say we'd like the State Attorney to come in and we don't have the jurisdiction to tell them they can't investigate. Chair Hardemon: No, absolutely not. Chief Colina: No, you do not. Chair Hardemon: They have the jurisdiction. And that's why in this -- I don't understand why necessarily this has to be an emergency measure. Vice Chair Russell: Agree. Chair Hardemon: I think that it takes some time, because I want to make sure that we're doing it right. I practice criminal defense law by trade. And there are lots of things that come to mind when you think of something like this. But I will say that when you take a look at the fact of the matter with the Public Corruption Task Force, they're going to do what they're going to do. This seems to be just focused on the Miami City Police Department and to eliminate any -- Vice Chair Russell: Pass it on. Chair Hardemon: -- bias in that department towards elected officials. It appears to be it can relieve Commissioners, elected officials, Mayors and their staff of any perceived bias against them for whatever action they complete while they're elected officials. I think that's the comfort that Commissioner Carollo seeks in this measure. But that doesn't stop the Police Department from saying, "Hey, we think there's an issue, " and then saying to the FDLE or any other department that, "You should investigate this issue, " and then they go about doing it. Chief Colina: And I think, Commissioner -- Chair Hardemon: I just need to know what uniform that they normally wear. I know that our undercover is usually blue jeans and a t-shirt. You know, what's the uniform of the FDLE? Chief Colina: The color of the day. The -- again, my only concern would be I think that's the spirit of it, if it's something protracted, a long-term investigation or something. My only concern is I don't want there to be an issue if there's a neighbor dispute that got violent with a Commissioner and their neighbor, for example, and we're calling FDLE, because this exists and they're saying, "We're not going out for that. " Chair Hardemon: Right. Chief Colina: Those are just the kinds of things that are popping into my head that I think obviously -- Commissioner Reyes: That's precisely what I was trying to define. Chief Colina: Yeah, just as long -- I think the spirit is right on, which is -- Commissioner Reyes: The spirit is -- I agree with it, but I wanted to define that. Commissioner Carollo: I think that if we would include felonies, not misdemeanors, that would more than cover any concerns that have been brought up, whatsoever. City of Miami Page 248 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: But Commissioner, a felony can be the fact that they accused a Commissioner of paying them $300, you know what I mean? And then they would do the investigation. So, I mean, a felony could be exactly what you're trying to (INAUDIBLE) as well. I just want to -- I think -- I don't think that this is necessarily an emergency measure. I think it's something -- Commissioner Carollo: Well, I think we do have one here. If you want to take until our next meeting to look at all this, then let's limit this to any present investigations that we have, and I only know of one that we have. And then let's bring it back for everybody. But we cannot be in a situation where there are going to be accusations no matter what is done that someone was taken out because of political reasons or someone received leniency because of political reasons. It's a no -win for the Police Department or for anybody up here. Vice Chair Russell: So it would be amended, is what you're saying, for immediate investigations of electeds or their employees to be referred to the FDLE and the FBI, and then we'd bring this back for future issues or to really think it through and hash it out? Commissioner Carollo: Well -- Vice Chair Russell: Is that -- and in that case, does it need to be a motion and a resolution or can we just give a direction? Commissioner Carollo: It's a resolution. Chair Hardemon: The only thing that scares me about this is that when we're talking about -- and I don't know about any immediate, you know, investigations. But I don't want to find myself in a position where I'm obstructing justice. And so, you know, I think that's a real thing that we have to think about. Madam City Attorney, you were a prosecutor and so -- Ms. Mendez: Right. So I thought that the main concerns that the Chief and some of you are exhibiting could be dealt with that anything other than a misdemeanor can be transferred out, because the things that he's been describing are misdemeanors, like a misdemeanor stop for a DUI, a misdemeanor -- driving while license suspended, a misdemeanor battery. You know, these are the things that happen right away. You're in the present. You get arrested. You get booked and it's done. Chair Hardemon: Yeah, but so is a felony battery. Ms. Mendez: I'm sorry? Chair Hardemon: So is a felony battery. Ms. Mendez: Well, but the -- usually -- Chair Hardemon: A felony battery -- Ms. Mendez: -- after it's charged by information. Chair Hardemon: It depends on how had -- Ms. Mendez: There's more witnesses gotten. Chair Hardemon: It depends on how bad you look, right? City of Miami Page 249 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: How about domestic violence? That's a felony. Commissioner Carollo: No. Chief Colina: It's not. Ms. Mendez: It depends; some are misdemeanors. Chief Colina: Yeah, but it can be a felony. It depends on the circumstances. Ms. Mendez: Right. It depends how egregious. Commissioner Reyes: I mean, and that should be investigated by the FBI of --? Ms. Mendez: That would probably be -- if it's a felony, could be sent -- Commissioner Carollo: It would be a State crime. Commissioner Reyes: It's a State crime. Commissioner Carollo: State crime. Ms. Mendez: But I think that covers -- that could be a possible amendment but just -- Chair Hardemon: But specifically about the -- if there's an investigation going on currently, being able to say to an investigative body, "Stop what you're doing and give it to someone else. " That's the part that I'm -- you know, we're being asked to discuss at this point. And that part is what kind of makes me concerned. Chief Colina: And Mr. Chair, there's a -- the prosecutor that's assigned to the case is from Broward County. I would not be comfortable making any decision on that investigation without speaking to that prosecutor and how they would feel about who's handling and what's -- Chair Hardemon: Oh, so you're talking about that one. Oh, okay. Now, I understand. I didn't know what we were talking about. I just -- listen, it's a lot of elected officials, a lot of public officials, a lot of people in our offices, so you know -- Commissioner Carollo: Well, see, this is the other point. We don't know what conversations are going to go on with thatprosecutor, what is the prosecutor going to be told by your department or not, and this is part of what I'm trying to avoid. Furthermore, the prosecutor really has no say in what policy we put here, whether he's from Broward, or you know, up north, anywhere. Chief Colina: No, but I'm talking about -- Commissioner Carollo: He was -- Chief Colina: -- preserving the integrity of the case itself. The prosecutor is typically the person that says, "What I'm comfortable with is" -- you know, ultimately, they're the ones that have to present the case in court. And so typically after -- Commissioner Carollo: But see -- Chief Colina: -- there's an investigation, we follow the lead of the prosecutor. City of Miami Page 250 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: There's a case that's gone up to here. There's a lot more that has to be developed and done in this case, and you know that, Chief- a lot more. You're only here. You're just starting to scratch this case. If that prosecutor wants, he could put his own people from Broward County. We can't say anything to that. In fact -- Chief Colina: Right, but that would be their decision. That's what I'm saying. That would be that prosecutor's decision. Commissioner Carollo: That would be their decision to do. Chief Colina: Yes. Commissioner Carollo: But we have every right in deciding that we don't want any kind of conflicts or perceptions of any kind of conflicts to fall upon us, and we want another agency to take it from here on. Now does that mean that if they're asking for assistance in bringing people up to date in a sense, we can't do it? No, because it's helping another body, bringing them up to date. Does that mean that what you've done up to now, our officers cannot be brought in to testes as witness or so on? Of course not. That's not the case. What I'm trying is to take away any potential accusations, or conflicts, or perceived conflicts that could come our way from anybody. And I'm not saying anything more than that. I was also trying to establish some guidelines for how to proceed in the future, but I could go either way. I could limit it to what we have now, where we're looking at the guidelines, or we could take it all at one time. Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: Is that case currently in Broward's hands, completely in Broward's hands? Chief Colina: The prosecutor is from the Broward County State Attorney's Office so that prosecutor -- the crime occurred here so that prosecutor is assigned to Dade County. Commissioner Diaz de la Portilla: The investigation -- Chief Colina: The investigation -- Commissioner Diaz de la Portilla: -- is in your department, correct? Chief Colina: -- is handled -- has been handled by the City of Miami. Commissioner Diaz de la Portilla: (INAUDIBLE) different entities. Chief Colina: No, I understand that. Commissioner Diaz de la Portilla: And you're -- Chief Colina: There's a prosecutor that is assigned to the case. So once there's an investigation that's ongoing, typically what happens is you are being guided by the person that's ultimately going to prosecute the case. So the legality of something whether you're getting a warrant -- whatever the case might be, this is the person that you're working with. So without consulting that person and saying we're going to turn this over to another agency that has zero intimate knowledge about the crime, who did what, when and where. You know, you can brief somebody, certainly, but it's not the same as having a complete new team take over a case in the middle of an City of Miami Page 251 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 investigation. I think if you speak to any prosecutor, they would agree with that statement. The decision is yours. If this is what you deem best for this investigation, at minimum, I would suggest that you at least get the advice -- not my advice -- but at least speak with the prosecutor who's ultimately charged with holding the person accountable to the fullest extent of the law and let them have some say, I think, would be the most appropriate thing to do. Commissioner Diaz de la Portilla: But the investigation is different than the prosecution, correct? Chief Colina: They go hand in hand. They go hand in hand. Commissioner Diaz de la Portilla: So -- Chief Colina: On a case like this, the prosecutor is working with the investigators hand in hand. Commissioner Diaz de la Portilla: In your experience, have you been doing an investigation and another -- the FBI comes in and says, "We're taking over this investigation, " and has that happened to you ever? Chief Colina: Typically, what will happen is that you will then work hand in hand with the other agency. Commissioner Diaz de la Portilla: But you have passed it on to the FBI or the FDLE? Chief Colina: Not mid -investigation, not that I recall. If there's something where there's now a nexus to Federal charges -- so let's say it started as a State case and now we find that there's a nexus to a Federal charge, we will then have to bring in the Federal agency, because we don't have the ability to charge Federal charges. Commissioner Diaz de la Portilla: And the FDLE -- Chief Colina: In those circumstances -- Commissioner Diaz de la Portilla: Forget about the Federal -- the FDLE. Chief Colina: But even with FDLE, typically what we will do -- if the investigation is halfway in -- not in the beginning. In the beginning, it's easy. We have information on a sitting Commissioner, like Commissioner Carollo stated. That gets sent over and they can investigate it from the onset. If something is already haWay through, three quarters of the way through and you wanted to bring another agency in, FDLE, typically what will happen there is then you just work hand in hand together. Commissioner Diaz de la Portilla: I don't know if you can answer this question, but are you haWay through, or are you at the beginning of this investigation you're speaking about? Chief Colina: I'm sorry, sir; say again. Commissioner Diaz de la Portilla: Are you at the beginning of this investigation? Chief Colina: No, I would say -- Commissioner Diaz de la Portilla: Are you haway through? Are you two-thirds through, or do you know? City of Miami Page 252 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chief Colina: At least halfway. The only thing that we're doing now is going through additional electronic devices that were seized. We're working with the Secret Service on that component. Obviously, if someone new came forward, an additional victim decides that they want to come forward, if there is additional victims, that would add to the investigation. But at this point, the only thing that's left is the scrutinizing of those electronic devices to see if there's evidence where you can charge federally or additional charges, violations, etcetera. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Which that in itself is a huge job that would take considerable time. And just to go into some of the many different sites that you're going to be going to is going to take a long, long time. And whatever is found obviously might lead you to much, much more, so it's impossible for the Chief to be placed in a situation where he could say this is halfway, this is one -tenth of the way, this is three quarters of the way. Commissioner Diaz de la Portilla: That's why I asked him. Commissioner Carollo: They really don't know. Commissioner Diaz de la Portilla: Because there's no way of you knowing -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: If there's another victim or two victims, so you can't say that you're haWay through. Chief Colina: Right. Commissioner Diaz de la Portilla: That was the premise of what you said that -- Chief Colina: We can speak to what we know right now. We can speak to what we know right now. Obviously, additional victims comes in, that changes the element. Commissioner Diaz de la Portilla: That was my point. My point was that he can't say, so you could very well be at the beginning of this. We don't know. So you -- if you are at the beginning, you can pass it to the FDLE, for example. You don't know how far into it, unless you're concluding before the investigation that's all there is. And that's why, you know, you're two-thirds in or half in. You can't know if you're half in. Commissioner Reyes: Commissioner, I think that what you're trying to determine is at what time, at what point in the investigation you can pass it on. You pass it on at what point, right? Commissioner Diaz de la Portilla: Right. Commissioner Reyes: At what point of the investigation you can pass it on. When you started it, and when you're in the middle of an investigation, and when you have determined that it has been criminal activity, you see, that's -- I think that's a question that I have and -- Chief Colina: No. I think for any other investigation, I think that's clear. If someone has a complaint or an allegation, I think that's simple to take that, and if it involves an City of Miami Page 253 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 elected official or anyone in their office, that's easy to then pass that on. I don't think that's any -- I don't think there's a concern or a question with that. Commissioner Carollo: Chief, what would happen here, which is extremely normal, the next agency would come in and they take over the investigation, and they will bring -- they would ask for the people that you have had working on this to work hand in hand with them -- Chief Colina: Yes, that's typically what would happen. Commissioner Carollo: -- until it's either finished or they feel comfortable they don't need that assistance in whichever way this goes. And that, I see perfectly fine with the intent of this resolution, because in essence, it would be another agency running the investigation, and in essence, these will be sworn law enforcement officers that happen to be Miami police officers that are going to be working for another agency. So it's not that it's Miami ID (Police Department) per se doing the investigation. It's another agency that's using some of our people now because of the circumstances to do it. And there's nothing in this resolution that says that can't happen. Chief Colina: Yeah, and that seems far more reasonable, that element of it, that you work with someone when they're comfortable enough -- and by the way, if there is additional victims, then certainly, they can take those additional victims and investigate that, that that would be -- Commissioner Carollo: Yeah. Chief Colina: -- there would be nothing wrong with that. Commissioner Carollo: But -- Chief Colina: My only fear here is I don't want there to be -- and I think Commissioner Hardemon mentioned it. I just don't want there to be a (INA UDIBLE). Commissioner Carollo: Well, I -- Chief Colina: That's my only concern. I just want to make sure that were not harming our own case. Commissioner Carollo: I agree with you and this is why I want to make that very clear. Now with the statements I've made, does that make it clear to you and give you a comfort level now? Chief Colina: Yes. If someone else comes on and we're working hand in hand and then at some point they're comfortable or there's additional victims that come forward and then they handle that entirely, I'm completely cool with that. Commissioner Carollo: Okay, well that's -- and again, we have a protection then that no one can say, "Aha, you did this. " Chief Colina: And I think -- I like -- you know, that's the part that's appealing to me, and that's why if something new were to come in a different case, I'm all for let's let someone else handle it, because I agree with you in that component. My only concern or the only questions that I've raised is I don't want our case to take a step backwards; that's all. Commissioner Carollo: And we're all in agreement with that. City of Miami Page 254 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chief Colina: Okay. Commissioner Carollo: And again, this resolution has no limitations. If any department wants to -- and they're going to need to, frankly -- use our officers to move on this investigation that's going to hinder that -- Chief Colina: Yes, that's reasonable. Commissioner Carollo: -- as they're going to be the ones in charge of them, of the investigation, using whatever resources they need from us. And this way there's no chance that this investigation could be hindered. And hopefully, this will be the end of it. But as we well know and your experience with this, you know, chances are that there's going to be more unpleasant revelation, because it's the nature of the crime. So, you know, I'm glad that we're both in agreement on the issue before us. And I thank you for your frankness. Chief Colina: Thank you, sir. Commissioner Carollo: Okay. It's a motion; there's a second. Chair Hardemon: Who was the mover? Who was the seconder? Commissioner Carollo: I made the motion. Commissioner Reyes seconded, if I'm correct. Commissioner Reyes: Right. Chair Hardemon: You have that, Mr. Clerk? Or you have it now? Todd B. Hannon (City Clerk): Yes, sir. Chair Hardemon: It's been properly moved and seconded. Any further discussion? Vice Chair Russell: Last comment or question. I just want to make absolute sure that by doing this as a pocket with notice issues or public hearing issues, nobody could make any accusation of us that this decision can affect in a negative way or weaken a case that is currently pending, because I do not want to weaken any case that's out there. Ms. Mendez: No. It was -- Commissioner Carollo: The Chief just -- Ms. Mendez: -- clear that they're going to work hand in hand. There's going to be no hampering of any type of investigation. They will work hand in hand. Vice Chair Russell: No, no, no. My point was that since this is being brought as a pocket, someone could say, "Well, this isn't an emergency, so there should have been public notice, public comment, everything, " that we are somehow messing with an investigation that's currently ongoing. Ms. Mendez: The Chief made it perfectly clear -- Vice Chair Russell: You're good. City of Miami Page 255 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Ms. Mendez: -- that he did not want to hand something over, toss it over and let it -- it's going -- they're going to work hand in hand on any pending investigation. It will - - it's fine that way. Vice Chair Russell: Alright. Commissioner Carollo: If anything, you're going to have more eyes on it than ever. Chair Hardemon: I'll open the floor for public comment. Is there anyone from the public that would like to comment on this item? Newspapers, you could say it now. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Note me as against. Motion passes. NAA RESOLUTION 7211 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING City Commission A NEW POLICY THAT ALL KEYS TO THE CITY, PROCLAMATIONS, AND OTHER PROTOCOL ITEMS SHALL HENCEFORTH BE PRESENTED ONLY WITH THE APPROVAL OF THE CITY COMMISSION; AND FURTHER DIRECTING THE CITY ATTORNEY TO AMEND CHAPTER 2, ARTICLE II, SECTION 2- 33(M) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE" TO CODIFY THIS POLICY. ENACTMENT NUMBER: R-20-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Hardemon. Russell Commissioner Carollo: Okay. And this is the one that has been lying for some time in the agenda that we never got into it until now. I apologize, Mr. Mayor. I thought the other item was going to be a lot quicker than that, but we'll try to make this as quick as you like. This is a resolution of the Miami City Commission declaring a new policy that all keys to the City, proclamations and other protocol items shall henceforth be presented only with the approval of the City Commission; and further directing the City Attorney to amend Charter [sic] 2, Article II, Section 2-33(MI) of the Code of the City of Miami, Florida, as amended, ("City Code') entitled "Administration/Mayor and City Commission/Order of Business and Rules of Procedure: to codes this policy. " Chair Hardemon: Madam City Attorney, when was this created? I'm asking that because — Mayor Suarez: I would like to know, too, because -- Chair Hardemon: -- pocket items are pocket items. I understand that. City of Miami Page 256 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: We asked— I asked for a public records request on this. Chair Hardemon: But you know, this type of thing has been on for a long time and we're getting these things less than -- Victoria Mendez (City Attorney): We hand delivered it. Mayor Suarez: No. Chair Hardemon: -- and I have to read it on the dais. Ms. Mendez: Yes. Chair Hardemon: It makes it a bit difficult. Commissioner Carollo: Well -- Chair Hardemon: I'm not talking -- I'm not referring directly to you and about anything that you're doing. Mayor Suarez: When was this given to us? Commissioner Carollo: There were some changes that I made -- you know, quite a bit of changes, frankly, just before this was brought up here during the lunchtime. Mayor Suarez: This is the first time I see this. Commissioner Carollo: And the computers will show at what time the changes were made. Mayor Suarez: Mr. Chair. Chair Hardemon: You're recognized. Mayor Suarez: Well, first of all, I think this resolution is unconstitutional. It violates the Charter of the City of Miami where it deems the Mayor to be the head of government for all ceremonial purposes. I also asked fora public records request. I don't believe I was given this as a public record. Ms. Mendez: You were. Mayor Suarez: Okay, well we can check that. Commissioner Carollo: The last changes that were made, you were not, because they were made in the afternoon. Your public records requests were made before that. Mayor Suarez: No problem. So I still think that this violates the Charter of the City Commission. And frankly, you have vetoed legislation similar to this in nature when you were Mayor, when you came back in '97, because the City Commission tried to make the Commission Chairman the signer of proclamations, and you vetoed it. And in your veto message, you assert your authority under the Charter, where you say that you are the ceremonial head of the government for all ceremonial purposes. I can give you a copy of that veto if you need to see it. Commissioner Carollo: That's fine. But I think that veto was very different than what we have here. You might see it not so but it is different. City of Miami Page 257 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: Again, I think it's unconstitutional. So, you know, I think this is just another unconstitutional attempt to -- Commissioner Carollo: Well, I'm not trying nor is this resolution trying to take your right to be the main signatory as Mayor to be the presenter, if you would like to, et cetera. What we're talking about, Mr. Mayor, is that we need a real transparent process on how we're going to be giving keys to the City, proclamation declaring days for people in the City of Miami. We need to establish a policy of, who do we give it to; what are the criterias [sic] of people that we give it to? And, you know, Commissioner Reyes brought one example, and I don't want to bore this Commission with a lot of examples. He brought in the name of Will Smith. Now you were against Genie de Zona performing, like I was, and I thank you that you followed in my footsteps at the time for the reasons that we all stated before in the past resolution. But here you have Will Smith that, while he was in Cuba, he was present when the now President of Cuba, who is called the President, and is still a dictator; was the previous Vice President under Raul Castro. In (UNINTELLIGIBLE) the Alicia Alonso Performing Arts Center, whatever they call it, and they were there applauding Diaz Canal -- Mayor Suarez: Are you talking about Will Smith? Commissioner Carollo: -- in a similar way when he was announced as Genie de Zona were. Now, I don't believe Mr. Smith went to the extent that Genie de Zona went in asking the, you know, the public to applaud for him. But nevertheless, he was promoting a regime that has been oppressive to a lot of us. Does that make -- without knowing that he was promoting it, I would say. Does that make Will Smith a had guy? No, I'm not saying that. But I think we should be making it clear to -- we are going to have a policy of who we want to give our key to, and we certainly don't want to be promoting that. But let me go beyond Will Smith. And I started with him because Commissioner Reyes brought him up. Prime example, Genie de Zona. Genie de Zona, I will tell you, if I would have been here as a Commissioner I would have fought tooth and nail not to give them the key to the City, because there's no doubt in my mind that we would have ended up the way that we did with their background, and here we are today with Gente de Zona. And they still haven't given us the key back; hopefully, they will now. We go into Mr. Robbins (phonetic) that you gave the key to the City. I mean, you asked for a public records request and I believe my office gave you a stack of articles across the whole country on Mr. Robbins and all the allegations that have been lodged against him. Now are they true or not? I don't know and, you know, I'm not a jury to decide if they are or not. But, you know, there are so many of them; some are scary. And we -- I feel -- needed to decide as a body and needed to have given the public the opportunity to opine if that's the type of person we wanted to have given a key to the City to. Furthermore, we don't have a policy, and that has to be established for you, for any Mayor of the future. And frankly, it should have been established some time back for everyone else that has come before you. Chair Hardemon: Mr. Mayor. Mayor Suarez: Mr. Chair, if I may. Commissioner Carollo: I -- Mayor Suarez: Oh, go ahead. I'm sorry, finish. Commissioner Carollo: I could go into other areas. I mean, you gave a key to the City, I believe, to -- if you remember Juan Carlos Escotet Rodriguez, remember? City of Miami Page 258 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: No. Commissioner Carollo: You don't? Mayor Suarez: I don't. Commissioner Carollo: That was on February 18, 2019, over at Vizcaya. Remember the party? Mayor Suarez: Sorry, I don't remember. I don't remember it, so. Commissioner Carollo: Surprised that you don't remember. Mayor Suarez: I don't remember. Commissioner Carollo: Well, that was -- Mayor Suarez: I don't remember every party that I go to. I apologize. Commissioner Carollo: Yeah, but you don't remember every party at Vizcaya and some other places. Mayor Suarez: I don't remember it, Commissioner. I'm sorry. Commissioner Carollo: He was the President of Abanca, the banking institution from Spain. In fact, it's from the province of Galicia, Spain. You decided to give him the key to the City, a banker, President of a bank from Spain here. But a few months before, you had the President of Galicia, Spain. It's a semiautonomous region of Spain, up in northwestern Spain. The President of Galicia came and instead of giving him the key to the City, you just gave him a scroll. I never even knew we had a scroll like that of some papers wrapped up. I never have seen that before. Why in the world would you give the President of Galicia, probably the second or third most important guy in all of Spain a little bunch of papers in a scroll -- I don't know what it said. We were both there together when you gave it to him, even though you didn't invite me to be with you, but that's okay. But then you're going to give it to the President of a bank in Vizcaya. Mayor Suarez: Mr. Chair, if I may. Chair Hardemon: Yes. Commissioner Carollo: I mean -- Mayor Suarez: Again -- Commissioner Carollo: -- I can't believe that -- Mayor Suarez: -- you can -- Commissioner Carollo: -- the President of a bank is more important than the President of Galicia. Mayor Suarez: So just to be clear --and I'll just go back to the record. In March of 1998, you vetoed an ordinance by the City Commission which said any Commission who -- any Commissioner who so desires may be a signatory on City of Miami proclamations. In the event of a vacancy in the Office of Mayor, as contemplated, Section 12 of the City Charter, the City Commissioner designated as a presiding City of Miami Page 259 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 officer and in the absence of the same, the City Commissioner designated as the Vice Chair, or in the absence of both, a City Commissioner appointed by the majority of the City Commission shall serve as the ceremonial head of City government until the mayoral vacancy is filled and you vetoed that. And your veto message was short and sweet. Due to the fact the position of mayor is no longer vacant and to prevent any confusion that Resolution 98-299 might create in regards to ceremonial protocol, I have respectfully chosen to veto the above resolution. It is in contradiction of Section 4(g)(2) of the Charter of the City of Miami, which states that he, "the Mayor, " shall be recognized as the official head of the City for all ceremonial purposes. You can like what I give someone or not like what I give someone in my role as the ceremonial head of government. You have every right to criticize it. Commissioner Carollo: That's right. Mayor Suarez: You have every right to object to it and you can -- there's many different forms of expression where you can express your dissatisfaction with it. You just can't change it, because it's part of the Charter. And this continual effort to diminish the authority of the Mayor is extremely problematic, particularly because it's a violation of the Charter. And so, I think it is very problematic. This will be legislation which I will veto, assuming that we all agree I can veto it, which -- Can I veto this? Ms. Mendez: This item, you cannot veto. Mayor Suarez: Okay. Ms. Mendez: This resolution. However -- Mayor Suarez: Right. Ms. Mendez: -- the ordinance that comes from it can be vetoed. Mayor Suarez: Okay. Ms. Mendez: So the ordinance that he is requesting can be vetoed. Mayor Suarez: Just like he vetoed -- Ms. Mendez: This resolution cannot. Mayor Suarez: -- this ordinance. Ms. Mendez: He vetoed -- Mayor Suarez: Right. Ms. Mendez: -- an ordinance, no? Mayor Suarez: An ordinance, right. Ms. Mendez: Yeah. Mayor Suarez: So okay. Ms. Mendez: Which you could veto an ordinance. City of Miami Page 260 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: So apparently, I can't veto resolutions even though our Code says I can veto resolutions. Ms. Mendez: Only certain resolutions -- Mayor Suarez: Oh, certain resolutions. Ms. Mendez: -- of executive, administrative, inherent. You can definitely -- Mayor Suarez: Okay. Ms. Mendez: -- do legislative items. Commissioner Carollo: You can decipher that later, what you can veto or not. Mayor Suarez: Sure, but this is -- Commissioner Carollo: But what you have there is still different than what I'm bringing forth now. They are different. Mayor Suarez: Yeah, they are different. Yeah, I will submit that there are differences. Commissioner Carollo: Okay. Mayor Suarez: But I would say that -- Commissioner Carollo: And -- Mayor Suarez: -- not only is it a violation of the Charter but it's bad public policy because we -- I mean, imagine if I get invited to an event as the Mayor and someone says, "Hey, can I -- can you present me with a key to the City?" And I have to say, "Wait a second. I can't. I have to notice it for a meeting. It has to be, you know, two weeks away. " That's not the way it works. You were Mayor for four years so you understand. Commissioner Carollo: No. I was the mayor for six years. Mayor Suarez: Okay, you were mayor for six years. I'll check the dates on that, but Commissioner Carollo: Check the date and make sure that you read the -- Mayor Suarez: No problem. You were Mayor for six years. Commissioner Carollo: -- Supreme Court's decision -- Mayor Suarez: I'll take your word for it. Commissioner Carollo: -- the appellate court's decision -- Mayor Suarez: I'll take your word for it. Commissioner Carollo: -- and the lower court's decision -- Mayor Suarez: I'll take your word for it. City of Miami Page 261 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- that the less than four months that someone else that stole an election was there that that doesn't count. Mayor Suarez: Right. Commissioner Carollo: That their names had to be taken off from the record. Mayor Suarez: Right. So -- Commissioner Carollo: And that's what the courts ruled, but -- Mayor Suarez: That's not what the courts ruled but that's okay. Commissioner Carollo: That's fine. Mayor Suarez: All right. Commissioner Carollo: Whatever you say on that, I'd like to stick to this. Mayor Suarez: Sure. Commissioner Carollo: What was the date, I'm curious, that you said there again, March the what? Mayor Suarez: Are you talking about for your veto? Commissioner Carollo: Yeah, the veto. Mayor Suarez: The legislation -- the veto was March 20, 1998. Commissioner Carollo: Okay, March 20, 1998. Mayor Suarez: Yeah. Commissioner Carollo: Yeah, that was shortly after I came back. Mayor Suarez: Yeah. Commissioner Carollo: I came back on March 12 that -- (INAUDIBLE) make sure we're -- I think we're both in agreement. Mayor Suarez: I think we're both in agreement. Commissioner Carollo: Now, you said what's there (UNINTELLIGIBLE). Mayor Suarez: I think you were Mayor, (INAUDIBLE) ceremony of (INAUDIBLE) because (INAUDIBLE) -- Commissioner Carollo: (INAUDIBLE). Now we're not infi^inging anything for you to do. What we're saying is that we deserve a process. We deserve transparency. Look, you've been giving away keys to numerous media people in town, commentators that is not appropriate. They have -- Mayor Suarez: That's your opinion. Commissioner Carollo: Well -- City of Miami Page 262 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: That's your opinion. Commissioner Carollo: -- it is my opinion -- Mayor Suarez: And you're welcome to it. Commissioner Carollo: -- and I'm going to give it to you. And this was being guided to you so you could buy favors with them, and that's the case. Now, you know, I don't want to really go into some other areas here, Mr. Mayor, because, frankly, this date and the place that I brought up that you don't remember, I'm in shock that you don't remember. Mayor Suarez: I remember it now. Commissioner Carollo: Okay. Well, go see how much your wife was paid for the party that she did for these people in the bank that you gave the key to the President of this bank but you would not give the key to the City to the President of the whole area of Galicia, the semiautonomous area of Galicia, one of the most important parts of Spain. Chair Hardemon: Mr. Mayor. Commissioner Carollo: So -- Mayor Suarez: Thank you, Mr. Chair. I mean, I think, you know, crossing the line has become, you know, commonplace for Mr. Carollo -- or Commissioner Carollo. Commissioner Carollo: No, it's not crossing the line. Mayor Suarez: Of course, it is but that's okay. Commissioner Carollo: It's a conflict of interest and this is what I'm trying to point out. Mayor Suarez: It's not a conflict of interest. Commissioner Carollo: This is why we need -- Mayor Suarez: It's not a conflict of interest. Chair Hardemon: I recognize the Mayor. Commissioner Carollo: This is why we need -- Mayor Suarez: It's not a conflict of interest. If a President of a bank or any bank asks me to give the key to the City and there's someone who -- by the way, they were creating a bank here in Miami, so they were bringing a bank to Miami. Commissioner Carollo: The bank was already here. Mayor Suarez: They were bringing the bank to Miami. Commissioner Carollo: The bank was already here. Mayor Suarez: Okay, well -- Chair Hardemon: Mr. Carollo. City of Miami Page 263 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Mr. Chair. Mayor Suarez: You know more about it than I do then. Commissioner Reyes: Mr. Chair. Chair Hardemon: Wait, the Mayor has the floor. I'm actually waiting to say something so -- Mayor Suarez: And I need to leave, because I want to go and be with my wife on her 40th birthday. I don't want to be here arguing about something that's an infringement on our Charter. So, first of all, I think this is an infringement of our Charter. Second of all, if this does come before me, I will veto it at some point when I'm allowed to, according to the City Attorney. And we definitely need judicial clarity on these things, because I think this is -- one of the enumerated powers of the Mayor is to be the ceremonial head. It's -- it is what it is. You can like it; you can dislike it. You can like what I do; you can dislike what I do. And it's okay and you can run for -- you can run against me if you want to. Commissioner Carollo: And we're not taking that power from you. Chair Hardemon: So -- Commissioner Carollo: Just like the queen of England -- Mayor Suarez: You're restricting it. Commissioner Carollo: -- we'll let you wear the hat, get the scissors and cut the ribbons. Chair Hardemon: So -- Commissioner Carollo: You have that right. Chair Hardemon: -- I'll say -- you know, because I actually have a vote on this matter. Mayor Suarez: Right, thank you. Chair Hardemon: I'll say, out of everyone that you named that you gave the key of the City to, the only person I know is Will Smith. Mayor Suarez: The only one -- Chair Hardemon: The only person I recognize that was said was Will Smith. Mayor Suarez: Well, Martin Lawrence too. I gave him -- Chair Hardemon: You said Martin? Mayor Suarez: Yeah. Chair Hardemon: I recognize Martin Lawrence. All the other individuals, they're leaders of countries, banks, I have no idea. In fact, I don't want to opine about who it is. I find it very uncomfortable to already give opinions about matters that I'm not very well versed on that I'm introduced to, especially at last minute and I'm asked to City of Miami Page 264 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 make -- I mean, just like one of the, you know, resolutions that we have before and we have them occasionally. They're issues that I'm not educated on that we're not given much information about, and the only thing that I have to reference is a resolution that's in front of me, and I take that resolution at its worth, because my Commission colleagues put it before me. They speak about it passionately and then we make this vote. But I'll tell you that's probably the same thing that happened when Nelson Mandela was shunned from the City of Miami, that same sort of rhetoric. And so, for me, it always makes me extremely uncomfortable. As a matter of fact, I got -- I remember I got an email from some media source that I have no idea who they are. And they made a reference to the fact that I was outspoken about a certain issue where we said that someone was a person non grata or -- Commissioner Diaz de la Portilla: Grata. Chair Hardemon: Right. Commissioner Diaz de la Portilla: Persona non grata. Chair Hardemon: Persona non grata, right. And they said that I was outspoken about the issue, because I voted on it, right? And to this day, that person, I don't know who that person is, but I did it because it was before me. I cannot abstain from a vote and I took a vote up here. And so I said all that to say that if the Mayor does something that is going to embarrass the Mayor then that's on the Mayor, whoever the Mayor is. I don't want to be responsible for what he decides to do with the key. I certainly -- I want to make sure that I'm voting on each one of them. I don't like giving keys out myself, you know, so that's not something I necessarily want to be involved in. So besides that and the Mayor believing that it's a Charter issue, it's just not something that I want to be involved in. I got lots of things to do than worry about who is going to get the key to the City at a certain time, because I would admit to you that when it comes to recognizing individuals for excellence, that in and of itself should be a job, because it takes a great deal of deference, of understanding, of studying, of, you know, a number of different things to recognize someone. And I'll end by saying this: In -- recently in the news, there was much discussion about the Medal of Freedom award, which is the highest -- the nation's highest civilian honor that can be bestowed upon someone. And an individual named Rush Limbaugh was given that award by President Trump. President Trump apparently has the authority to give the award to anyone that he chooses. The Congress can't override it or tell him what to do. And the reason I'm bringing this up is because a lot of people feel very strongly about Rush Limbaugh, one way or the other, as they do about issues in the United States of America. And apparently, Rush Limbaugh has now joined the likes of Mother Teresa, Nelson Mandela, Dr. Martin Luther King, Jr., Cesar Chavez and Dr. Hector P. Garcia, right, a few of those people who've ever received this award. And so the question is, is Rush Limbaugh worthy of the Medal of Freedom award? That can be debated. But what can't be debated is that the President has the ability to give that award. So if we like it or we don't, that's where it is. And the -- I liken that to this: It's like our Mayor is the person that's able to give the keys to the City out. He takes the blame, the controversy. He takes everything with that decision. And an individual, like Commissioner Carollo, who you -- I mean, you're a wealth of knowledge and you understand many things that go on between the relations between this country and other countries, and not to mention what happens within your district. I think that it's -- you're going to always hold someone like that Mayor accountable for his actions and I think that's where we should -- that's the democratic process -- Commissioner Carollo: The -- Chair Hardemon: -- and let it be. City of Miami Page 265 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: -- problem here is that -- Chair Hardemon: And then I'll call on Commissioner Reyes. Commissioner Carollo: -- you know, we're not Congress; he's not Donald Trump. What happens in Washington is Washington. This is different. We're bound by a Charter. Its called the key to the City; not the key to the Mayor. It's a big difference. It represents all of us, the whole City of Miami. And I could have come up with many other examples that, by the way, they're all up here. That's why you didn't get anything else. You got everything that was on paper in my office and I try to keep as much here as I can. Mayor Suarez: There are many more than that. Commissioner Carollo: At my age -- I'm not as young as you, you know. I don't have as much storage capacity, but enough to deal with what I need to deal with, you know. Mayor Suarez: How many gigabytes? Commissioner Carollo: I -- well, let me say this to you: I'm better in one cylinder than you with eight. Mayor Suarez: Oh, well -- Commissioner Carollo: But anyway -- Mayor Suarez: -- the voters of Miami think differently. Commissioner Carollo: Okay, yeah. Three million dollars against a thousand dollars. Mayor Suarez: Brother, bring it any time and I'll do it all over again, just come, whenever you want. The Clerk's Office is right over there. Commissioner Carollo: I know. You're a tough guy with everybody but with Rene Pedrosa, but that's fine. But we're talking about keys here, not about being tough, not about taking me on in an election or anything like that. This is the key to the City not the key to the Mayor. You have been using the key for your personal advantage - Mayor Suarez: No. Commissioner Carollo: -- in different ways. You have even given keys out where you have had elected officials present in this Commission and you have done what I've never seen a Mayor in the history of this City in 40 plus years have done; not invite them up with you when you're giving a key or a proclamation. Now, you're going to say to me, "I could do whatever I want. " Well, that's your opinion. But the lack of courtesy that you have had with some of us up here has never, never been seen in this City before. But the bottom line is that this Commission, as much as you dislike it, has the right to dictate the process, not taking away from you then the right to give a key, to cut a ribbon. We have a right to dictate, first of all, that we want procedures. We want transparency. And once it's voted upon, you could do that. This is not like you trying to say before that you're at a party and someone asks you for the key. Boy, you're going to pull one out of your wallet or ask, you know, an aide to go to the car and get one out of the trunk and you'll give the key so you could City of Miami Page 266 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 be the, you know, life of the party. But it doesn't work that way. And unfortunately, it seems to me this has been happening this way. Mayor Suarez: Mr. -- Commissioner Carollo: So if you have a difference of opinion, we could do this resolution. And frankly, we don't have to go into an ordinance; a resolution since with this. But I do agree with the City Attorney on an ordinance. The difference between that and this resolution -- but with this resolution, it since without us having to go into an ordinance, I believe. But I will stand by whatever the City Attorney so rules. The bottom line is I'm one vote, as Commissioner Reyes and others say so many times. This body gets to decide if you want the key to the City to be the key to the Mayor and for the process to go the way it's been going, that's fine. Mayor Suarez: Mr. Chair. Commissioner Carollo: I don't want that any longer. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. Let me make my position very clear. You see, the problem that we have with this City, it is that it is a very -- I mean, this City has -- is composed of many people that have been traumatized by persecution, by abuses, by discrimination. And given the -- I mean, the biggest problem that I see here is that there is not a process of vetting who are we going to give the City -- I mean, a key to the City. As Commissioner Carollo stated, the key to the City -- in my opinion -- I never received one, you see. In my opinion, it's a very high honor from the people, represents the government and the people of the City. And I will never, never accept that our government or our City gives the key to a white supremacist, neither to a Nazi or a person that it is in cahoots -- I mean, it is a sympathizer and goes to Castro's Cuba and mingles with them, dances with them and then come back here and receive the key to the City, because there are too many people that have suffered prison, you see. We cannot -- I will never -- I mean, my mind will never accept that we will give the key to the City to a guy that belongs to the Ku Klux Klan. I mean, I will stand up and leave. Why? Because there is a great amount of people here that have been victims of racial discrimination and persecution from that group. The same thing applies to us Cubans, to the Jews, to the Venezuelans, you see, people that have suffered. That's why I am asking you that --or this Commission to develop a process where we can vet. You see, people have to be vetted that we don't insult and we don't hurt that part of the population, because we are honoring somebody that has been a part of the suffering of any one of those groups or sympathizes with the persecutors. Mayor Suarez: Mr. Chair, if I may. Commissioner Reyes: You see, that's the only thing that I want. I want to be very careful, because when I mentioned Will Smith it's because if you Google "Will Smith, " you see him dancing in the streets of Havana. You see him going back and forth and all of that and taking pictures with the effigy of Che Guevara. And when Gente de Zona and all of those people, it's just like if I -- I mean, applaud that you give a key to the City to a person that it is in a white hood and with -- burning a cross, you see. Come on, guys. You see, we are a population -- I mean, the citizen -- the residents of the City of Miami, I will tell you, most of us, we're traumatized. We have pain. We have suffered or our parents have been -- they were persecuted and they have suffered and endured a lot of persecution. And that is why it is very, very, very sensitive to anybody that -- to witness our government honoring a person that it is part of those people that persecuted one of us. City of Miami Page 267 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Mayor Suarez: Mr. Chair, if I may. Chair Hardemon: You're recognized. Mayor Suarez: Thank you. So first of all, it's not the key to the Mayor. It's the key to the City, because it's the Mayor who is the only elected official that's elected citywide. And the Charter that was approved by the citizens of the City designate the Mayor, the only citywide elected official, with that function. And so, we do have a vetting process. You know, again, we could give a key to someone that, you know, the Commission may not like. They can pass a resolution saying that they don't like it. They can, you know, do whatever they want. But it's impractical on a multitude of different levels. For example, I got a call a day before an event to give the keys to the City to Jim Brown. Jim Brown is -- was number one on the top 100 NFL (National Football League) players in the history of NFL players. He's a civil rights activist. So now I have to tell -- Commissioner Reyes: Why didn't you Google it? Mayor Suarez: I did Google him. That's why I gave him the key. Commissioner Reyes: Did you Google (INAUDIBLE) ? Mayor Suarez: So now I would have to -- under this rule, I would have to go -- I couldn't give him the key. I'd have to say, 'Mr. Jim Brown, I'm sorry. I can't give you the key, because I have to go to the Commission meeting two weeks from now" -- you know what I mean? -- "to get permission from my Commission to give a key. " So it's not only unconstitutional. The reason why it was done this way was because it's impractical. And that's why -- Commissioner Carollo: I'm sorry. It's not impractical. Mayor Suarez: It is impractical. If I get a call -- again, if I get a call -- Commissioner Carollo: Its impractical in your style that you work it that way. If someone would want a key for most people like this, they would call in advance and give dates before -- Mayor Suarez: It doesn't always work that way. Commissioner Carollo: No one really -- Mayor Suarez: It doesn't always work that way. Commissioner Carollo: -- can expect that they're going to call you a day before and there's going to be a key that pops up. It doesn't work that way. Mayor Suarez: Okay. Well, I disagree with you. Commissioner Carollo: You know, maybe with you, maybe it's the way that it's done, but I never saw that done before when I served as Mayor of the City. Mayor Suarez: Miami is a little bit different than 1997. Commissioner Carollo: Well, I know that it is. Mayor Suarez: It's a little better from that. City of Miami Page 268 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: But it's not that different -- Mayor Suarez: Oh, it is much different. Commissioner Carollo: -- as far as the way the people handle -- Mayor Suarez: Very different. We have much more global attention. We have much more interest from people constantly. So again, I think it's unconstitutional, and I think it's impractical, and bad public policy to do it that way. Chair Hardemon: Any further discussion? Was there a motion? Commissioner Carollo: There's a motion and a second. Chair Hardemon: Okay. So there is a motion by Commissioner Carollo; I'm assuming a second by Commissioner Reyes -- Commissioner Carollo: Yes. Commissioner Reyes: Yes. Chair Hardemon: -- because he announced his support. Commissioner Reyes: I would like to -- if Commissioner Carollo accepts it, I want to know the opinion of the City Attorney, and I want any recommendation how we can make this thing, you see -- I mean, how can we control and make a process? I think that we have to develop a process more than anything else because, as Commissioner Carollo stated, there's not a process, you see. There's no process. And I would like to amend this that we create a process for the keys, you see, in which every time that a person that is going to receive a key, it must be vetted in order to find if that person had any connections with any group that it has -- I mean, that insults or any of the -- anybody on the City of Miami -- I mean, any population, any group in the City of Miami, like members of the Ku Klux Klan and members of white supremacists, the Nazi party and -- Mayor Suarez: Mr. Chair, if I may. Commissioner Reyes: -- Communist sympathizers and so on. Mayor Suarez: You know, again, you know, you have two internationally recognized movie stars in Will Smith and -- Commissioner Reyes: I don't care if they're the Pope. Mayor Suarez: Let me finish, please. Will Smith and you have Martin Lawrence. They're coming here. They're making a movie about Miami. You have to look at the totality of their career, right? And I, frankly, did not know that they had any connection to Cuba, because that is not what they're known for. I've never -- with all due respect, I wouldn't -- the first thing that comes into my mind when I think of Will Smith is not that. The second thing that comes into my mind when I think about Will Smith -- Chair Hardemon: Give me some. Mayor Suarez: -- is not that. The third thing, the fourth thing, the fifth thing, the tenth thing that I think about -- Will Smith is not known for that. The fact that he may have, you know, gone to another country and maybe did something that we City of Miami Page 269 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 would find inappropriate, it's something that if I ever had an opportunity to talk to Will Smith about it, I would talk to him. And I would tell him, "Listen, I just want you to know that in Miami we're sensitive to this issue. " Commissioner Reyes: It is. Mayor Suarez: So -- but that doesn't mean that I would deny him the keys to the City, somebody who is an internationally recognized movie stay, who is putting Miami -- and branding Miami and putting Miami on the map. I think that would be an equally insulting gesture to -- Commissioner Carollo: Well, the same thing -- Mayor Suarez: -- a large -- listen, to a large part -- let me finish -- of our community. So you have to weigh those things. You know, to reject the key to someone of that stature could also offend a tremendous amount of people, as well, so I have to weigh those things and I have to make what I think is the best decision. Ultimately, if I run for office -- if I run for reelection, I'm sure all my (UNINTELLIGIBLE) are going to show all the keys that I've given to people who, you know, are people that you don't like, and you know, that'll be -- that's -- the people ultimately decide -- the residents of Miami ultimately decide who their Mayor is and vested in that is the right to be the ceremonial head of the City. Commissioner Reyes: Listen, I don't want to take no power away from you. I don't want to take any of your activities. The only thing that I don't want is that we have to -- either you or anybody else have to be very careful that we don't offend, I mean, the residents of the City of Miami. The biggest part of the residents of the City of Miami are traumatized, and you know that. Mayor Suarez: Of course, Commissioner. Of course Commissioner Reyes: And because there is a lot of blood, a lot of suffering, a lot of incarceration, a lot of persecution and a lot of beatings, and a lot of discrimination, even a lot of hangings. Mayor Suarez: Commissioner, I agree with you. Commissioner Reyes: We have to be careful with how we -- who are we are going to honor. Mayor Suarez: I agree. Commissioner Reyes: For me, that's the only thing that I'm saying. And I mean, you are too fast on the draw, because immediately when you see -- there's this guy, whoever it is, "Oh, I'll give him a key of -- to the City. " Take it easy. Vet him and look at him. You know how I found out that Will Smith is a regular in Cuba? By Googling him. And there was dances, meetings where they were with government officials and all of that, you see. And when I say Will Smith, I will say anybody that comes that it is a sympathizer of any groups that has been oppressive of any of our residents here and that's it. Now this might be too restrictive and I don't know if Commissioner Carollo will like to make it a little less restrictive so we demand that people be vetted before you give a key to the City. Mayor Suarez: I take that -- I will take that as constructive feedback. I absolutely have no problem. If you want, we'll add as a Google search term "Cuba" to any person that we -- City of Miami Page 270 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Reyes: Now you are being facetious. Mayor Suarez: I'm not being facetious. I'm being serious. Commissioner Reyes: No, no, you're not being serious. Mayor Suarez: I'm just saying -- listen, I just put in -- Commissioner Reyes: Listen. Mayor Suarez: Listen, I'm not being facetious. Commissioner Reyes: (INAUDIBLE). Mayor Suarez: I'm not being facetious. Why do you take what I'm saying as being facetious? How -- I'm just saying that -- Commissioner Reyes: You are being sarcastic -- Mayor Suarez: I'm not being facetious. Commissioner Reyes: --ironic -- Mayor Suarez: I'm not being sarcastic. I'm not being sarcastic, I'm not. Commissioner Carollo: Canyon call the question and let it be what it'll be? Mayor Suarez: I'm not being sarcastic. Commissioner Carollo: I made my statements. Commissioner Reyes: You are being sarcastic. Mayor Suarez: I'm not being sarcastic. Commissioner Carollo: Mr. Chairman -- Mayor Suarez: I'm not. Commissioner Carollo: -- can you call the question, please? Chair Hardemon: Not yet. So if there's anyone from the public that would like to speak on this question, the floor is open for public comment. If you're a member of the public and you want to speak on this item, the motion that's on the floor --you're recognized, sir. Ernesto Cuesta: My name is Ernesto Cuesta. I'm the President of the Brickell Homeowners' Association. I think this is ridiculous what is happening in the City of Miami. This is a show and I'm going to continue saying that. And I know that -- Commissioner Carollo: Is he supposed to be talking about this? He is a big supporter of the Mayor. He was on the radio recently attacking three of us on this Commission. If he wants to address this issue, then let him address this issue. But just to come up here and attack us, no. This is not what the rules are of this Commission and this body. Mr. Cuesta: I --again, this is democracy. City of Miami Page 271 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Commissioner Carollo: That's right. Mr. Cuesta: I mean and I -- Commissioner Carollo: And we have rules to follow, sir. Mr. Cuesta: Sir, can I talk freely? I'm a taxpayer. I'm a decent man and I have the right to speak. I want to say something. I'm in agreement with Commissioner Reyes. I think that there should be a process. And by the way, I'm not a communist. My family is Cuesta, so you cannot accuse my family nor myself -- Commissioner Carollo: Who the heck's accused you of being a communist? Mr. Cuesta: No, because you know -- Commissioner Carollo: Please don't come play this game here, okay? Mr. Cuesta: Sir, sir; sir. Commissioner Carollo: You have supported this man and it is your right -- Mr. Cuesta: No, I support -- Commissioner Carollo: --all you want. Mr. Cuesta: Sir. Commissioner Carollo: But don't come to try to turn this around now. Mr. Cuesta: Sir, sir. I support whoever I want to support. Commissioner Carollo: That's right. Mr. Cuesta: Decently and with respect. Commissioner Carollo: But I'm not going to stand here and have you say that we're calling you a communist -- Mr. Cuesta: No because (UNINTELLIGIBLE). Commissioner Carollo: -- when we haven't even gotten near that. Mr. Cuesta: It's your typical approach to (UNINTELLIGIBLE) people. Commissioner Carollo: So this is the point that I'm saying. He doesn't want to speak about the issue. Mr. Cuesta: No, I am. Commissioner Carollo: He wants to come -- Mr. Cuesta: You are interrupting me. You are interrupt me. Commissioner Carollo: So -- Mr. Cuesta: I'm in agreement with -- City of Miami Page 272 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Chair Hardemon: Sir, before you move on -- Mr. Cuesta: I am in agreement with -- Chair Hardemon: One second, sir. Can you reset his time, please? We're going to allow him to speakfor his two minutes. He has the right to speakfor two minutes. Commissioner Carollo: He does, but to the issue. Chair Hardemon: Regard -- Commissioner Carollo: To the issue. Chair Hardemon: Listen to me, Commissioner. Commissioners, I want everyone to listen to me. Mr. Cuesta: I'm in agreement with Commissioner -- Chair Hardemon: One second, sir, please. Mr. Cuesta: I'm in agreement -- Chair Hardemon: He has a -- one second, one second -- right to speak to the issue. But certainly, Commissioners, our conduct on the dais is reasonably related to this issue, because this is -- what we're witnessing is us battling with each other. Commissioner Carollo: No, because then -- Chair Hardemon: As long as he's not speaking of any political races, any endeavors that are outside of the purview of this business, then he should be able to speak. Commissioner Carollo: You opened this up for anybody that wanted to speak on this issue to speak. We had public hearings on anything else earlier today. Mr. Cuesta: I'm in agreement with Commissioner Reyes. I think that the key to the City should not be given to anybody. And I think that there are sensitivities in this City by Cubans, and I don't think that this City or the keys of the City should be given to anybody just like that. By the same token, I think that the Mayor has the right to provide the -- and give the City keys to anybody, but you have to take in consideration the issues that Commissioner Reyes have brought to the Commission. Thank you so much. Thank you. Chair Hardemon: Is there anyone else that would like to speak on the issue? Seeing none, I'll close public comment at this time. All in favor of the resolution, say "aye. " Commissioner Carollo: We're voting. Aye. Chair Hardemon: All in favor of the resolution, say "aye. " Chair Hardemon: All against? Vice Chair Russell: Nay. Chair Hardemon: Enter me as a "nay, " as well. Motion passes. City of Miami Page 273 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Todd B. Hannon (City Clerk): 312 with Commissioner Russell and Commissioner Hardemon voting no. Mayor Suarez: Thank you. Commissioner Diaz de la Portilla: Happy birthday to your wife. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And don't say her age again. Don't say her age again. Commissioner Reyes: I am --listen, I -- Mayor Suarez: I thought I might get more sympathy but apparently, I didn't. Commissioner Reyes: Mr. Mayor -- Unidentified Speaker: It didn't work. Unidentified Speaker: Commissioner Carollo has a bone to pick with me. Commissioner Reyes: -- if I may? Mayor Suarez: Yeah. Commissioner Reyes: If you come back with a process on how to -- I mean, to select people that are -- the keys are being given, I will reconsider this. Mayor Suarez: Okay, I will -- Commissioner Reyes: Because what I want is a process and people to be vetted. And as Mr. Cuesta said, we have to be -- Mayor Suarez: That's fair. Commissioner Reyes: -- very careful who we give the city -- the City is, in my opinion, it's a great honor. Mayor Suarez: I agree and that's fair. Commissioner Carollo: The process, Commissioner, has to be by more than one person. Commissioner Reyes: What? Commissioner Carollo: And he, himself stated he had a vetting process. Well, where was the vetting for Tony Robbins? Where was the vetting for Genie de Zona? Where was the vetting for Will Smith? Which, by the way, I don't think you were even invited to that, Commissioner Hardemon. Chair Hardemon: No, I wasn't invited. Commissioner Carollo: I wasn't invited, being the district Commissioner, which is another problem of what is going on with the key to the City. It's the key for the Mayor, not the City. And I could go on and on and on. So this has to stop City of Miami Page 274 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 somewhere and the public needs to have transparency in how the vetting process will be done, and it should be done in public, not in private. Mayor Suarez: Mr. Chair, if I may, just quickly respond to a few things. Chair Hardemon: Yes. Mayor Suarez: All the people that we've given the keys to have been vetted, including Tony Robbins. Commissioner Carollo: So what did you do to vet Tony Robbins? Mayor Suarez: Google search. Commissioner Carollo: Oh, Google search, okay. Mayor Suarez: Yeah, and so those -- Commissioner Carollo: Butyou didn't Google search -- Mayor Suarez: -- articles came out -- Commissioner Carollo: -- Will Smith that -- Mayor Suarez: I did Google search him. Commissioner Carollo: -- Manolo brought up. Mayor Suarez: When you Google search him, that's not what comes up. Commissioner Carollo: Okay. Mayor Suarez: Google search Will Smith right now on your phone. That's not what comes up. It won't be the first 1, 000 hits on Google Smith, unless you put in a different -- that's why I wasn't being facetious when I said we need to add a term to a Google search. I wasn't being facetious and I wasn't being sarcastic. So I'd be happy to do that. As to -- I forget the third point that you made. Forget it. I lost track of what you were saying. Commissioner Carollo: Don't worry. Mayor Suarez: Yeah, I won't. Commissioner Carollo: Go to your wife. Enjoy. Mayor Suarez: You got it in all the terabytes up there, right? Commissioner Carollo: Go to your wife and enjoy. Mayor Suarez: Thank you. City of Miami Page 275 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 NA.5 DISCUSSION ITEM 7216 DISCUSSION BY THE CITY ATTORNEY REGARDING PROPOSED City Commission LEGISLATION BY MIAMI-DADE COUNTY REGARDING PLACING KIOSKS IN THE UNDERLINE. RESULT: DISCUSSED Victoria Mendez (City Attorney): I just briefly wanted to talk about -- we talked about the RTZ, Rapid Transit Zone, and the sale of alcoholic beverages. That came up, remember, and I offered to find the ordinance with regard to the Underline. We were able to speak to some people in the County. But basically right now, the County allows alcohol in their parks already. This ordinance does allow additional uses, such as special events, and structures, and decorative features, and food and beverage establishments, and all the distance limitations from schools, religious facilities; all that alcohol legislation does not apply. So it is based on special events that the County advised that they plan to have close to the nodes which are the Underline nodes that are closer to the bigger areas. And nothing -- it's supposed to be on the right -of ways [sic], you know, their paths. So nothing that -- in the areas where the paths are narrow, the County does not plan to put any kiosks and special events. This is more for the wider areas but they do -- are waiving alcohol. Commissioner Diaz de la Portilla: Is it -- Mr. Chairman. Vice Chair Russell: Yes, you're recognized. Commissioner Diaz de la Portilla: Is this a continuing presence of alcohol sales or just for special events? Ms. Mendez: For special events is what the County advised, but this is -- as drafted, it doesn't limit it to special events, but that is their general intent. Vice Chair Russell: Mr. Zichella, you're a member of the board of the Underline? Eric Zichella: Yeah. Vice Chair Russell: Would you like to be recognized? Mr. Zichella: I am a member of the board. Eric Zichella, 2100 Coral Way. We also represent the Underline for the City and the County. The sale of alcohol is governed by the agreement between the Friends of the Underline, and the Underline Management Organization, and the County. And it does permit the sale of alcohol. I can tell you that --at least in terms of the vision for the Friends of the Underline and the Underline Management Organization, which in this case is more relevant, the programming that is envisioned is entirely for special events in specific areas of the Underline. And it's not permitted in any area that immediately abuts residential neighborhoods. Vice Chair Russell: Mr. Zichella, the kiosk concept, though, is an idea of trying to activate spaces with some retail, food and beverage. Is that special event only, as well, or is that meant to be permanent, or every weekend kind of thing? Mr. Zichella: There may be kiosks during other times, as well. But those kiosks that are there are intended to be permanent kiosks that will be something that is always the same vendor or whatnot. City of Miami Page 276 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 Vice Chair Russell: Right. Mr. Zichella: What I compare it for you to is like if you have ever walked down the Highline in New York City. On a warm summer day, there might be a kiosk selling ice cream or ice pops, or something like that. And the next day that kiosk might not be there; maybe it's in a different location. But that's part of the programming that the Underline Management Organization will undertake. Commissioner Diaz de la Portilla: May I --? Vice Chair Russell: Thank you. Of course, you're recognized. Commissioner Diaz de la Portilla: You said that it can't be in areas abutting residential neighborhoods. Mr. Zichella: No, it cannot. Commissioner Diaz de la Portilla: But the first -- if I'm correct, the first phase is the Brickell Station, correct? Is that the first part they're going to develop? That abuts apartment buildings and residential areas, right? So -- Mr. Zichella: Yeah. So to be clear, single-family residential neighborhoods -- Commissioner Diaz de la Portilla: That's what you mean but not -- Mr. Zichella: -- is what I intended to be -- Commissioner Diaz de la Portilla: -- the -- not all those apartment buildings. Mr. Zichella: Yeah, those are commercial districts, essentially, at the end of the day so -- Commissioner Diaz de la Portilla: Well, they're residential. They're multifamily residential on the north -- Mr. Zichella: Correct. Commissioner Diaz de la Portilla: -- on the west side. Mr. Zichella: I think the zoning on the properties would be more than -- they'd be more intense uses than a typical T3 zoning. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: So based on this ordinance, as drafted, I don't -- Commissioner Diaz de la Portilla: Thank you. Ms. Mendez: -- see any of those anti -residential, you know, restrictions, so maybe we could recommend that, or I will talk to the County Attorney's Office and confirm where that's listed. I wasn't able to find that in here but it is for -- as described earlier. Commissioner Diaz de la Portilla: Well, I'll tell you, Mr. Zichella -- Eric, I will tell you that the Vizcaya Station in Commissioner Carollo's district is all surrounded by residential. City of Miami Page 277 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Zichella: To be clear, I don't believe -- that's not one of the areas that we envision having any special events in. The three areas are -- Commissioner Diaz de la Portilla: Where are the three areas? Yeah. Mr. Zichella: The Brickell backyard which is under -- Commissioner Diaz de la Portilla: Okay. Mr. Zichella: -- construction today. The area that runs through Commissioner Carollo's district is phase two of the Underline, and it's primarily trail and parks associated with that. And I don't believe that there'd be any special events in any of those locations. Commissioner Diaz de la Portilla: The Vizcaya Station, which is Carollo -- Mr. Zichella: At the Vizcaya Station or anywhere along those trails. The next activity node, if you will, or activity hub would be around the University of Miami. Commissioner Diaz de la Portilla: Right. Mr. Zichella: And the third and final one would be around Dadeland Station. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Thank you very much. Commissioner Diaz de la Portilla: And nothing into Allapattah yet, right? Mr. Zichella: Only if you want it. Commissioner Diaz de la Portilla: Well, I do so you have to start looking -- you have to start heading north. You got to look north. Mr. Zichella: We've got to build transit there first and then we'll -- Commissioner Reyes: You going to extend -- Mr. Zichella: --put something underneath. Commissioner Diaz de la Portilla: We're working on it. Commissioner Reyes: Eric, are you going to extend the Underground [sic] to Allapattah? Mr. Zichella: Come again. Commissioner Reyes: Are you going to extend the Underground [sic] to Allapattah? Mr. Zichella: That would be "Underline." Commissioner Reyes: Underline, the Underline to Allapattah. Mr. Zichella: We would love to extend the Underline -- Vice Chair Russell: (INAUDIBLE) underground. City of Miami Page 278 Printed on O512112020 City Commission Meeting Minutes February 13, 2020 Mr. Zichella: -- to other places. We've got to finish these ten miles that we've -- Commissioner Reyes: Okay. Mr. Zichella: -- started first. Commissioner Reyes: Okay. Vice Chair Russell: Commissioner, thanks for your time. You're recognized. Mr. Zichella: Anything else? Commissioner Diaz de la Portilla: That's it. Vice Chair Russell: Okay, thank you. Thank you, Mr. Zichella. Commissioner Diaz de la Portilla: Thank you. NA.6 DISCUSSION ITEM 7217 DISCUSSION BY COMMISSIONER REYES REGARDING City Commission DIRECTIVE GIVEN DURING THE NOVEMBER 21, 2019 CITY COMMISSION MEETING (FILE NO. 6836) CONCERNING BOATS AND RECREATIONAL VEHICLES IN NON -CONFORMING T3 RESIDENTIAL PROPERTIES. ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Commissioner Reyes: I have a question for Francisco. See, you commend people when they do a good job and all that. Well, I want to ask Francisco why he hasn't done this. Francisco, just -- I mean, you see, in -- I don't know if you remember in a regular Commission meeting on November 21, I gave you a directive, requested that regarding the direction of the City Administration to present the City Commission by January 2020 legislation addressing boats and recreational vehicles in nonconforming T3 residential properties on a case -by -case method. I have an email that was sent to you, you see, in which it says, "Dear Francisco and Jeremy, is there legislation to address this discussion item that was on November 21, 2019 City Commission agenda regarding direction to the City Administration to present the City Commission by January 2020 legislation addressing boats and recreational vehicles in nonconforming T3 residential properties on a case -by -case method? Please advise at your earliest convenience. Thank you, Amber L. Ketterer, Assistant City Attorney." Okay, what is the file for the legislation that resulted from this discussion in November? I mean, I want to know why we request -- or I request that -- I request -- this is what -- the irony of this is that I request legislation to address a problem that affects the resident and I get nothing. And out of the blue skies, most of the times I get legislation from you without me knowing what it is, because you believe that that's what it's going to be. That is my problem with the Administration -- part of the Administration being the legislative body. What happened with this? I mean, what's the status of this? Francisco Garcia (Director, Planning): Sir I will be frank and straightforward with you. We are remiss in complying with the deadline provided. We are now behind that deadline, and we will certainly provide that draft legislation for your review promptly. By 'promptly, " I mean no later than by the end of next week. My apologies. City of Miami Page 279 Printed on 0512112020 City Commission Meeting Minutes February 13, 2020 ADJOURNMENT Commissioner Reyes: Okay, sir. Okay, thank you. I don't like beating a dead horse but I --you understand why I get frustrated? Mr. Garcia: I do, sir. Commissioner Reyes: Do you understand? Mr. Garcia: I do, sir. Commissioner Reyes: Okay, thank you, sir. Mr. Garcia: Thank you. The meeting adjourned at 9: 28 p.m. City of Miami Page 280 Printed on 0512112020