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HomeMy WebLinkAboutCC 2020-02-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * ' INC0RP 0RATEO * l8 96 Meeting Minutes Monday, February 24, 2020 9:00 AM City Commission Meeting 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 Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 24, 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 24th day of Februaryy 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: 05 a.m., recessed at 10:45 a.m., reconvened at 11:09 a.m., and adjourned at 12:33 p.m. Note for the Record. Commissioner Reyes entered the Commission chambers at 9:23 a.m., Commissioner Diaz de la Portilla entered the Commission chambers at 9:25 a.m., and Commissioner Carollo entered the Commission chambers at 9:34 a.m. ALSO PRESENT. Arthur Noriega V, City Manager Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Hardemon: Welcome to the February 24, 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. We also have Victoria Mendez, our City Attorney; Todd Hannon, our City Clerk, and we have yet to decide if we are accepting a new City Manager. The meeting will be opened with a prayer by myself, and the pledge of allegiance will be led by Commissioner Ken Russell. All rise, please. (Invocation and pledge of allegiance delivered.) PART A - NON -PLANNING AND ZONING ITEM(S) PR -PRESENTATIONS AND PROCAMATIONS 7253 PROTOCOL ITEM Honoree Presenter Protocol Item Department of Fire -Rescue Communications Division Mayor Proclamation Song - Life Every Voice and Sing City of Miami Black History Month Choir Musical Presentation ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Department of Fire -Rescue Communications Division. The City of Miami Department of Fire -Rescue Communications Division was accredited in 1997 by the International Academies of Emergency Dispatch as the 14' accredited public safety answering agency in the world, was re -accredited as only the 2' department in the world to be accredited 8 times in a row, and has maintained continuous City of Miami Page 1 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 ORDER OF THE DAY accreditation for the last 24 years. The Accredited Center of Excellence (ACE) accreditation is a distinction that takes the commitment to fulfill the Academy's Twenty Points of Accreditation. The Elected Leadership paused in their deliberations of governance to recognize and thank the City of Miami Department of Fire -Rescue Communications Division and all its Emergency Dispatchers and Supervisors who work long shifts and continually serve to provide a lifeline to those in need, and thereby proclaimed Thursday, February 27, 2020 as `Department of Fire -Rescue Communications Division Day" in the City ofMiami. 2) The City of Miami Black History Month Choir performed a musical presentation of the song, Lift Every Voice and Sing, in celebration of Black History Month. Chair Hardemon: So I'll make the presentation on behalf of the Mayor. (Presentations and proclamations made.) Chair Hardemon: We will now make presentations and proclamations. We're waiting on our Mayor to come down. As soon as he's down, we will begin the process. In the meantime, the City Attorney will state the procedures to be followed during the meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist, pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with 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 on line at municode. com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk or online at municode. com. Pursuant to Section 4, Subsection G, Subsection 5 of the City Charter, the Mayor may veto certain items approved by the City Commission within 10 calendar days following the Commission action. The City Commission may, after the veto occurs, override such veto by a 4/5ths vote of the Commission then present. 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 miamigov. com. Any person maybe heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period or any other designate 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 miamigov. com. No cell phones or other noise - making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, City of Miami Page 2 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 1Op. in., 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. Thank you, Mr. Chairman. Later... Chair Hardemon: Mr. Assistant City Manager, are there any items of protocol that we need to consider at this moment? Nzeribe 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. Chair Hardemon: Can you state the action first and then the item for us, please? Mr. Ihekwaba: To be deferred to March 12, which is the first meeting in March, RE 5, accepting a donation from Coconut Grove Business Improvement District; to be deferred to March 12, RE 5. Chair Hardemon: That's all? Mr.Ihekwaba: No. Chair Hardemon: Okay. Mr. Ihekwaba: To be withdrawn, RE.11, an agreement for waterborne transportation services with the County; to be withdrawn, RE.11. Those are the only two items from the Administration. Chair Hardemon: Commissioners, are there any other items that you want to continue, withdraw, or defer? Vice Chair Russell: Mr. Chairman? Chair Hardemon: You're recognized. Vice Chair Russell: Good morning. I'd like to defer RE.4 indefinitely; the petition requirement for speed table hump applications. We'll definitely be bringing it back probably sooner, but just need to iron out some kinks. Chair Hardemon: Are there any other items? Commissioner Diaz de la Portilla: Mr. Chairman? Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: I'd like to discuss -- defer Discussion Item 3 and 4. Chair Hardemon: Sir, are there any other items? Vice Chair Russell: Which date? Chair Hardemon: The date? City of Miami Page 3 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Diaz de la Portilla: Indefinitely. Chair Hardemon: Indefinitely? Okay. Commissioner Reyes: On Discussion Item 4, I don't know if -- I think I will call a sunshine meeting that we all can talk about it. Commissioner Diaz de la Portilla: That's a great idea. I agree. Commissioner Reyes: You see, because I have a -- I brought a -- I brought you a -- I know that you're interested in it, and I brought a chronology of how it was formed, and I'm learning myself, you know, and all the changes that occurred and -- but what I haven't found is the reason for the changes, you see. So -- Commissioner Diaz de la Portilla: The reason for its creation you mean? Commissioner Reyes: No; for changing it; for so many changes, you see. The board has been changed from 5 to 17, and then down to 15, and all of that by different Mayors, and indifferent years. So I want to go over it, and maybe we can find something that is -- Commissioner Diaz de la Portilla: I agree. Commissioner Reyes: -- and let's have a sunshine meeting with all of us. Okay? Commissioner Diaz de la Portilla: Thank you, Mr. Chairman. Chair Hardemon: You're very welcome. Is there a motion in accordance with what was stated on the record? 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. PUBLIC COMMENT PERIOD FOR ALL ITEM(S) Chair Hardemon: What I'll do right now is open the floor for public comment. This is our opportunity to address this body, so if you're a member of the public, please stand to any of the two lecterns, the one to my left or the one to my right. State your first name, your last name, and you may state your address, and tell us which item it is that you're speaking of. So once again, this is public comment time. You can speak about any item on the agenda; your first name, your last name, you may state your address, and what item it is that you're speaking about. You're recognized, ma'am. Grace Solares: Thank you, Mr. Chair. My name is Grace Solares, 60 Southwest 30th Road. I'm here to oppose FR.1. As stated in the proposed legislation, Section 4B of the Charter of the City of Miami states that, quote, "The Mayor and all members of the City Commission "shall" -- not "may," not 'possibly" -- "shall be subject to recall." As a result, we can recall pursuant to Florida Statute. Where are the factual bases for the statement that, quote, "because the recall process is subject to abuse that could potentially subject the City to exorbitant costs for the process of scheduling multiple City of Miami Page 4 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 special elections during a single year"? Where are the factual bases to support such a statement? How many times have we filed a recall in the City in the last 10 years? Zero. In the last 20 years? Zero. Therefore, the foregoing statement of fear of abuse, which is the basis for the proposed legislation is simple inflammatory language to justify perpetrating a violation of the Charter. These speculations should never be allowed to be used in order to create a law, and in this case, a law that is not permissible under the Charter. You cannot by way of an ordinance contradict, or worse, restrict the Charter. This is what you're doing in this legislation. You're restricting the Charter. There is no legal authority for you to be able to do that. There is only abuse authority; abuse of the City Attorney in drafting something that she knows full well violates the Charter, and abuse of power by the City Commission, attempting to implement such violation. The issue is simple. You wish to add additional language to Section 4B? Simply redraft legislation at the next meeting amending Section 4B, and put the proposed changes on the ballot at the upcoming general election; either in August, only four months from now; or November, seven months from now, and let the electorate vote on the matter. It will not cost you anything. The elections are taking place anyways. In closing, we ask that this matter be withdrawn. Yet, if the Commission wishes to add language to this portion of the Charter, then appropriate amendments to the Charter should be drafted and presented to the electorate at the next general election. Thank you, Mr. Chair. Chair Hardemon: Thank you very much. Ms. Solares: Also, Mr. Chair, there's an item on the agenda with respect to the Mayor's salary and other things. I don't know what is going to be discussed. There's nothing on the agenda, and I would like to request from the Chair that whatever is being discussed, ifI don't agree with, can I come up to the podium and express my thoughts on the issue? Chair Hardemon: Is this -- this is for the -- is it a discussion item? No, I think -- Ms. Solares: I don't know that -- Chair Hardemon: -- the salary is an item on the agenda; fixing and establishing the compensation for the Mayor. That's RE. 6. Ms. Solares: Well, the salaries are the one that I -- Victoria Mendez (City Attorney): RE.6 is --she is discussing the fixing and establishing the compensation of the Mayor, which is RE. 6. Chair Hardemon: Right. So -- Ms. Solares: Yes, that's the one, sir; ifI could. Chair Hardemon: So this is the time for us to discuss it. This is the time for public comment about it. However, if at the time that it comes up, if the members of the body want to hear from the public, it's up to the body to decide to take more comments. Ms. Solares: Thank you so much; appreciate it. Chair Hardemon: So it's two minutes out of our day. Ms. Solares: Appreciate it. Chair Hardemon: It's not a big crowd, so we may be able to handle that. You're recognized, sir. City of Miami Page 5 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 David Winker: Good morning. David Winker. I work and live in the City. Today you guys are going to be considering FR.1, Ordinance Number 7222, which is a resolution put on the agenda placing limitations on resident rights to recall elected officials in the City of Miami. I submitted a letter to the City Attorney and each of you setting forth my opinion that the proposed limitations are prohibited by the City of Miami Charter, as well as illegal under Florida law. This effort to limit the protections of Florida residents by the City Charter and State law is nothing more than a cynical and undemocratic power grab. No one likes being criticized. Being held accountable is not fun. But our elected officials have been elected by us, the residents, to serve resident interests, not their own. The right to recall elected officials provides a critical check and balance on elected officials, and any effort to restrict this right is repugnant to our system of democracy. We get the government we deserve, and we deserve the government we get. We deserve better, and it's time for residents to stop tolerating self-interest and unscrupulousness, and demand more accountable and transparent government. Thank you for your time. Chair Hardemon: Thank you, sir. Ms. Mendez: Mr. Chair? Chair Hardemon: Yes. Ms. Mendez: Since both of those items were with regard to the legality of the recall provisions, I just wanted to make sure that this Commission knows that the State Statute which is the one that preempts the field on this does not speak to the intervals with which you can recall someone, and that is why the City as a home rule city and a Charter city, and the County which this ordinance takes after has taken up to legislate on this field. This is not inconsistent with State law, it is not illegal, it is appropriate, because the State has not spoken on this issue. Chair Hardemon: Thank you, Madam City Attorney. Ms. Mendez: Thank you. Chair Hardemon: You're recognized, sir, for further comment. Jonathan Silvia: Yeah. Good morning, Mr. Chair Your Honors. My name is Jonathan Silvia. I'm the Chief Executive Officer of Poseidon Ferry, LLC (Limited Liability Company). We were scheduled as RE.11, but I know it has been withdrawn. But I do want to take this opportunity to introduce myself to you all. We will be providing waterborne transportation starting with the east -west route, Miami and Miami Beach, and we're hoping to develop this service to maximize Miami's waterways. So I just wanted to say hello, and we'll see you at the next meeting. Thank you. Chair Hardemon: Thank you, sir. Sue Nelson: Hi. Sue Nelson; 1900 North Bayshore Drive. I'm President of Condominium Association Edgewater, with 454 units. My goal as President has always been to look for ways to improve the quality of life for the residents. I trust you all have done the same for your neighborhoods. I struggle with the possibility of gambling in Edgewater, just a few blocks from my door --towers doorsteps. What benefits can this possibly bring? How do you justify an improvement to quality of life with a gambling invasion to Edgewater, which will open up to all of the City of Miami, as this will set a precedent? This is so had for the neighborhood that has taken great strides in improvement over the years. Please do not turn the clocks back to a time it was riddled with crime. I implore you all to let my neighborhood be spared from a giant step City of Miami Page 6 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 backwards to the family -oriented neighborhood it's become. Please uphold the veto. Thank you. Chair Hardemon: Good morning, sir. Andres Althabe: Good morning. Andres Althabe; 1900 North Bayshore Drive. I'm here to bring the voice of the community that was never heard in the gaming in Edgewater. Originally, when it was approved by the State was with no public hearings. And later, there was proper legislation that was implemented and sponsored by Commissioner Russell. And again, we go into approving gaming in Edgewater without public hearings. I just want to bring to -- I have no doubt all of you are trying to do the right thing, but I want you to know that it's unanimous in the community of Edgewater that they are against gambling in Edgewater. And I know that Magic City presents this as a game of skill, but it definitely creates addiction, and it was never as it was presented, a fight between Braman and Perez, and the casino. The community was unanimously against this establishment, and still is. I know that you have received numerous emails that were sent in almost no time from Friday till today. Again, just bringing to you the opinion of the community that it is unanimously against this. Thank you. Chair Hardemon: Is there anyone else from the public that would like to speak during public comment? You're recognized, sir. Al Hardemon: Good morning. My name is Al Hardemon. My address is 655 Northwest 48th Street. And I recognize a few of the board members, and I thank y'all, but y'all breaking my heart. This is one of my childhood heroes right here; coming to the 'hood by his self at night. And the reason why I brought that up, because he have always did the things that was right for Miami. I need that out of you, too, Commissioner Carollo, Commissioner Hardemon (UNINTELLIGIBLE) and Russell, Commissioner Russell. I need this, because if we -- y'all, how y'all leading, because y'all have all showed y'all greatness. Fall found somewhere to go. Don't put it on me, because I can't pay for it. But the public try. But don't do this any further, man. At night, I saw what you can do, man. I saw your courage in the 'hood, man. I know how you got stuck, though. Joe, I saw how long you lasted, your longevity last. The family you from, de la Portilla, your family says that you are a champion. Former Chairman Russell, y'all stop this. Find a solution so that Miami business can be moved forward. Thank you. Chair Hardemon: Is there anyone else from the public that would like to speak? You're recognized, ma'am. Reginald Smith: I am from Calle Ocho, and I would like to know, why is Calle Ocho so dirty looking? And I just came from there. On the way here is so beautifully clean and perfect. Chair Hardemon: Can you tell us your name, please? Ms. Smith: My name is Reginald Smith. Chair Hardemon: Okay. Ms. Smith: And I would like to know, why aren't you taking care of Calle Ocho, Little Havana? Chair Hardemon: Thank you very much, ma'am. Ms. Smith: Beauty it. Make it beautiful, like here, around here. Huh? Chair Hardemon: We agree. City of Miami Page 7 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Ms. Smith: Yes? Chair Hardemon: Yes. Ms. Smith: All right. Chair Hardemon: Thank you. Seeing no other person here for public comment, I'm going to close public comment at this time. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair Hardemon: Mr. City Clerk, are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Mayor Francis Suarez: Mr. Chair, if I may? Chair Hardemon: You're recognized, sir. Mayor Suarez: Obviously, I disagree with that, and I just want to state for the record that I have placed two mayoral vetoes, and I have circulated them both to all of you as Commissioners by email. One of them relates to Resolution R-20-0048, which is a settlement between West Flagler and the City of Miami. The other one deals with the -- a resolution for the protocol function of the Mayor vis-a-vis the Commission, which is -- I'm trying to find it here in my binder. Sorry. That's the other one. That's the one I just talked about. The other one; there we go. It's Resolution -- thank you -- 20-0035. My position as Mayor is that the Clerk's role is ministerial in nature according to the Code, which is to place all vetoed items on the next Commission agenda. There is no discretion. There is no determination of legality or illegality. That is what happened when I last vetoed the investigation of the City Manager. The City Attorney has opined that the Clerk does not have to put those items on the agenda, and therefore, the Clerk has followed the City Attorney's opinion with respect to that issue. My further contention is that the Commission's failure to act on these mayoral items will sustain the mayoral veto. So I just want to put that on the record, because I'm fairly confident that this will -- there will be ensuing litigation beyond this point; and so, I just want the record to reflect that this Commission received notice, and was given an opportunity to overturn or sustain the mayoral vetoes, and if the Commission declines to do so that it is my position that they are sustained. Thank you. Chair Hardemon: Thank you. Madam City Attorney, would you like to speak, as well? Victoria Mendez (City Attorney): The Mayor can veto certain items as described in the Charter. This is not one of those delegated items that he can veto. The Commission may, if it likes, just acknowledge that there is no proper mayoral veto, and we can move on with -- there's not supposed to be anything else on the agenda. I believe there is nothing on the agenda, but if the Commission would like to just dispose of that in that way, they can. They do not have to override anything, because there is no proper veto before you. So thank you. Vice Chair Russell: Mr. Chair? Chair Hardemon: Mr. Vice Chair, you're recognized. City of Miami Page 8 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Vice Chair Russell: Thank you. I'd like to move that we take up the veto items and put them on the table. It is my opinion that this body should be the arbiter, should be the deciding body as to whether or not a veto is legitimate or not, and whether we want to override it or not. We can welcome our City Attorney's advice, but I do believe it is this body's decision, because that sets a very specific precedent of what can and cannot be heard by this body, so by keeping it from us, we simply don't even have access to it. This is our only moment at which to handle this veto -- or both of these vetoes, so I think we should take it up, and either this body doesn't want to hear it, or overrides it, or lets it stand. But beyond that, I would recommend a resolution of this body mandating that all vetoed items -- I don't care if the Mayor vetoes that the sky is not blue -- come to this body, and we decide whether to hear it and whether to override it. Chair Hardemon: You know, and Mr. Vice Chairman, the one thing that I will say is that there is, I believe, ambiguity as to what the Mayor has -- Vice Chair Russell: Agreed. Chair Hardemon: -- the authority to veto or not. And there's obviously a disagreement between our City Attorney and our Mayor's office and his counsel regarding these issues. And I truly believe that these issues need to be litigated in order for us to really and truly have an understanding of what's what. I think in an abundance of caution, as you described, you handle the veto and you move forward. If you do not consider the veto -- although not considering it is an action in and of itself. But the Mayor is saying that that action is in the positive for his office and for his veto. So that is a point of contention with our City Attorney's Office. So if there is a motion in regards to the veto, that is something that this body can do if it chooses to. So it just depends on if there is a motion or not. Vice Chair Russell: I would move that we hear it; both of the vetoes. Chair Hardemon: Well, are you--? Vice Chair Russell: That we consider them. Chair Hardemon: So the motion basically is a question of consideration. Your motion is that should we consider it; not necessarily a motion to approve or reject, or approve is -- Commissioner Diaz de la Portilla: Or override. Chair Hardemon: -- or override his veto, right. So your motion is to consider it? Vice Chair Russell: Yes. Chair Hardemon: It's been properly moved to consider the Mayor's vetoes. Is there a second to that motion? It's been properly moved to consider the vetoes. Is there a second to that motion? Seeing none, that motion dies for lack of a second. Vice Chair Russell: Thank you. City of Miami Page 9 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 AM -APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission - Regular Meeting - Nov 21, 2019 9:00 AM ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: All right. So at this time, what we can do is we can -- Is there a motion to approve the meeting minutes, AM.1 and AM.2? Commissioner Diaz de la Portilla: So moved. Chair Hardemon: It's been properly moved and seconded to approve the meeting minutes, AM] and AM.2. Commissioner Diaz de la Portilla: So moved. Chair Hardemon: Any discussion? Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? That motion carries. AM.2 City Commission - Planning and Zoning - Nov 21, 2019 2:00 PM ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item AM.2, please see Item AM.]. City of Miami Page 10 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Reyes ABSENT: Diaz de la Portilla, Carollo CA.1 RESOLUTION 7098 A RESOLUTION OF THE MIAMI CITY COMMISSION Office of the City AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FRANCOIS Attorney SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRITZ SEVERE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV, IN THE CASE OF FRANCOIS SEVERE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FRITZ SEVERE VS. CITY OF MIAMI AND ANTONIO VICENTE TORRES, IV, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 17-CV-22153-DPG, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-20-0054 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.], please see "End of Consent Agenda. " City of Miami Page 11 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 CA.2 RESOLUTION 7086 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Resilience and EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT Public Works ("MMOA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO FACILITATE THE INSTALLATION AND MAINTENANCE OF BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 968 (EASTBOUND) (SOUTHWEST 1 ST STREET) FROM SOUTHWEST 7TH AVENUE TO SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, SUBJECT TO THE RECORDATION OF A COVENANT RUNNING WITH THE LAND BY PREMIUM 1ST STREET, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE OWNER OF THE ADJACENT PROPERTY OR ITS SUCCESSOR(S)-IN-INTEREST ("OWNER-) IN FAVOR OF THE CITY REQUIRING THE OWNER TO OPERATE, MAINTAIN, AND REPLACE THE IMPROVEMENTS, TO ASSUME ALL CITY OBLIGATIONS PURSUANT TO THE MMOA, AND TO HOLD HARMLESS AND INDEMNIFY THE CITY. ENACTMENT NUMBER: R-20-0055 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.2, please see "End of Consent Agenda. " City of Miami Page 12 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 CA.3 RESOLUTION 7044 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING Department of THE BID RECEIVED ON NOVEMBER 12, 2019, PURSUANT TO Procurement INVITATION FOR BID ("IFB") NO. 1136381, FOR THE ESTABLISHMENT OF A CONTRACT FOR THE PROVISION OF GARBAGE BAGS AND LINERS FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ALL AMERICAN POLY CORP., A FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ALL AMERICAN"), FOR VARIOUS CITY OF MIAMI ("CITY") DEPARTMENTS FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, 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-20-0056 This matter was ADOPTED on the Consent Agenda. Note for the Record. For minutes referencing Item CA.3, please see "End of Consent Agenda. " END OF CONSENT AGENDA Chair Hardemon: Is there a motion to approve the CA (Consent Agenda) agenda? It's been properly moved. Vice Chair Russell: Second. Chair Hardemon: Seconded to approve the CA agenda. Any discussion? Hearing none, all in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries on the CA agenda. City of Miami Page 13 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 RE - RESOLUTIONS REA RESOLUTION 7205 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING MAYOR FRANCIS X. SUAREZ'S APPOINTMENT OF ARTHUR Commissioners NORIEGA, V AS THE CITY MANAGER OF THE CITY OF MIAMI, and Mayor FLORIDA EFFECTIVE FEBRUARY 18, 2020 WITH THE SAME SALARY AND BENEFITS CURRENTLY BUDGETED FOR SAID POSITION. ENACTMENT NUMBER: R-20-0053 ........ ......... ......... 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, Reyes Chair Hardemon: Okay. Maybe before we get into our mayoral vetoes and et cetera, do we want to address the -- our Mayor? And I believe our Mayor has made a decision about our City Manager, and he wants us to consider his decision, so I'll call our attention to our Mayor. Commissioner Reyes: Mr. Chair? Mayor Francis Suarez: Thank you, Mr. Chair. I know we're missing a Commissioner, so I don't know if you want to wait until we have a full -- Chair Hardemon: It's up to you. Commissioner Reyes: Till it's a full Commission. Mayor Suarez: I think we should wait, yeah. Commissioner Reyes: Let's wait for -- Mayor Suarez: But thank you for recognizing, but I think it's appropriate that we have a full Commission. Commissioner Reyes: That's right. Chair Hardemon: So then the next question is probably just as argumentative, if you will, or discussion -based. Later... Chair Hardemon: So now that we have a full agenda, I think our first item of business if there's no objection will be the handling of the -- of RE.1, which is the Mayor's appointment of our City Manager. Mr. Mayor, you're recognized. Mayor Francis Suarez: Thank you, Mr. Chair. Pursuant to my authority under -- I believe it's 4(G) (6) of the City Charter -- I hereby appoint Art Noriega as the City Manager subject to this Commission's favorable ratification. Mr. Noriega has served as the Director of the MPA (Miami Parking Authority) since 1999. He has City of Miami Page 14 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 led a department that has produced over $60 million in revenue for the City of Miami. He has been an innovator who has brought a variety of different technological solutions to our everyday problems that have made the department run more efficiently and more effectively for the residents of the City of Miami. I believe he's someone that has relationships with all of you on the City Commission, and has the ability to chart a new path forward. I think we have a great opportunity here to turn the page to work collaboratively together on the priorities that we all agree with, which are affordable housing, getting our resilience bond going, and all other issues that we debate up here. I think it's time for us to heal. I think it's time for us to work together, to put aside any personal differences that we may have, and focus on bringing the agenda of the people of the City of Miami forward. And so, it's within that spirit that I nominate pursuant to my Charter - appointed powers Art Noriega as the City Manager of the City of Miami. Thank you. Chair Hardemon: Mr. Noriega, will you please step to the lectern? Mayor Suarez: I just want to clarify one point. I'm sorry. When the agenda was printed, there was a -- I had not made the decision yet, and therefore, the compensation package is -- essentially reflects what the prior Administration was getting. I've since spoken to Mr. Noriega, and I can circulate for your review the compensation package which we've agreed on, which is essentially the same compensation package that he had; actually, probably an inferior compensation package that he had as Director of the MPA. Chair Hardemon: Mr. Noriega. Art Noriega: Yes, sir. Art Noriega, currently CEO (Chief Executive Officer) of the Miami Parking Authority, and nominee. Commissioner Carollo: Mr. Chairman? Commissioner Diaz de la Portilla: Good morning. Commissioner Carollo: If I may, before we hear from Mr. Noriega, I need to ask a couple of questions to the Mayor -- Chair Hardemon: You're recognized, Mr. Carollo. Commissioner Carollo: -- so we can then proceed with Mr. Noriega. Mr. Mayor, as I stated to you when you called me yesterday, I complimented you for not trying to go about and make this into a political charade in your pick, and I accept your words of all of us needing to work together in moving forward. Mr. Noriega might not be everything you want, everything each and every one of us want, but I will say publicly I think he is a quaked candidate that understands government. Having said that, I need to make a couple statements, but before I do, I'd like to ask one very important question. When would this nomination become effective? In other words, when will he begin work? Mayor Suarez: Through the Chair. Chair Hardemon: You're recognized. Mayor Suarez: Thank you. So my interpretation of the Charter is that it becomes effective immediately. I signed the nomination, and submitted it to the Clerk this morning. City of Miami Page 15 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Carollo: Okay. Mayor Suarez: The Clerk can get you a copy of that if you need. Commissioner Carollo: Yes, I would need that -- Mayor Suarez: Sure. Commissioner Carollo: -- so I could compare it to the one we had before. Mayor Suarez: Sure. Commissioner Carollo: I guess that's important, so we could approve it -- Mayor Suarez: No problem. I think he could -- Commissioner Carollo: --preferably as a package. Mayor Suarez: Oh, you mean --I'm sorry. You mean the package; the financial package? Commissioner Carollo: Yeah, the financial package. Mayor Suarez: Yeah. Commissioner Carollo: If not -- Mayor Suarez: I need to give you a copy of that, yeah. My apologies. Can we --? Commissioner Carollo: I would hate to have someone be approved for Manager and -- Mayor Suarez: Sure. Commissioner Carollo: --then we don't approve the package. Mayor Suarez: Of course. Commissioner Carollo: I think -- Mayor Suarez: I agree. Commissioner Carollo: I'm asking for it to be a package deal. Mayor Suarez: Sure. I agree. And it will be circulated to you momentarily. Commissioner Carollo: I appreciate it. So those were my questions; the one -- the additional one was the one that was asked by the Chair before, and I think that was addressed. But my only other statement -- and this is the one that I'm going to have to make a very quick decision on, and this has nothing to do with your decision. It's got nothing to do with Mr. Noriega personally. I have been of the opinion that we needed to have made a temporary pick, subject to going to a national search to see what is the best that we have out there. I think historically, what has happened in the past decades in the City of Miami is that, for the most part -- not always, but for the most part, that hasn't been done, and we fall into either political picks or people that really don't meet the test of having known how government truly works in a city level, or haven't been involved in running any kind of a sizeable entity at the city City of Miami Page 16 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 level, or county level. Having said that, I would have preferred that we would have named an interim Manager, and had gone to a national search, which I have no doubt Mr. Noriega would have most likely been one of the final nominees that you would have gotten back to choose from. And absolutely, it is your right, sole right under the Charter to name and present to the Commission whom you would like the City Manager to be. And it is the sole right, absolute right of the Commission to decide if we accept it or not. So having said that, I have very little time today to chew on what I feel should have been the process for the betterment of the City, or joining some of my colleagues -- I don't know how many -- in approving your nomination of Mr. Noriega. But regardless of how my vote might go before the day is over, I again do believe that you tried on this one to take a lot of the political gaming out of the way, and I think that's a good start for the next two years. Mayor Suarez: Thank you. Commissioner Carollo: So. Mayor Suarez: Thankyou, Commissioner. Chair Hardemon: Is there any other Commissioner that wants to be recognized? Commissioner Reyes. Commissioner Reyes: Yes. Mr. Manager -- I mean, Mr. Mayor, you know that I -- what did -- my opinion was. I mean, I have the highest regard for Mr. Noriega as an Administrator. I know his -- how -- what he is capable of. As a matter of fact, we have had many conversations, and I can say that I've been impressed by his knowledge of economics; that we have discussed not only the present, but the future of the City of Miami, and things that we should establish. But my suggestion was that -- to you was that I want -- given the fact that I believe that it's important to change the culture of the City of Miami, of the Administration to a culture of service. People expect that when a person goes to any City of Miami office that they be treated with the respect and the cordiality that they deserve, and not -- as many complaints that I have received continuously, continuously, and that some people that have been entrenched in their position for a long time, and they -- it seems that they have forgotten who pays their check, you see; that is the residents. And I was proposing an interim Manager that had no ties, no ties at all with any of the departments or the employees of the City of Miami, and we'll start a process of changing the culture of our Administrators. I'm not talking about everybody. I'm talking about some people, you see, that they have forgotten who are they serving, and that would require very drastic solutions and decisions sometimes. And once that was accomplished -- and it's not the first time that was done in the City of Miami and all know that we have had interim Carlos Migoya -- that had come and tried to straighten it out. And I -- you know that I am straightforward. I let you know that was my position. I spoke with Mr. Noriega and let him know. But being the fact that we are going to have -- that Mr. Noriega and I, we spoke later on, and I wanted to ask him -- and I told you yesterday I want to ask you, and I want your commitment that you are going to work tireless [sic] and you are going to take -- make all the decisions, regardless of what you have to do; that the City of -- the culture of the City of Miami employees is that of service; that we are here to serve the people that live in the City of Miami. And when somebody comes to one of the departments, he should be treated as a guest, as somebody that deserves everything, our attention, and should be treated properly; should be treated properly. There are a lot of things that I want you to commit yourself to that -- for example, I want you to be totally impartial on any, any negotiations that are going to be taking place, and I'm referring particularly -- I know that you've been in the meetings with Melreese, and I don't want you to commit the same mistake, or take the same attitude of the previous Manager that was a cheerleader for the project. You see, as City of Miami Page 17 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 a professional, I want you through every decision that you are going to make, and I want your commitment that you're going to do it just being totally impartial in analyzing what the benefit -- what is best for the City of Miami, see. Having said that, I will support you, and I will support your nomination, and I will vote, and I hope that we can work together, but I promise you that I'm going to keep an eye on you. I promise you. Thank you, sir. Chair Hardemon: Okay. Is there a motion that we want to consider? Commissioner Diaz de la Portilla: I move -- Commissioner Carollo: Can I --? Chair Hardemon: Commissioner Diaz de la Portilla moved that we approve the appointment of Mr. Art Noriega. Commissioner Carollo: I second the motion, but I still want discussions. It's important, especially to have sufficient discussion, because after Mr. Noriega is appointed a Manager, we cannot speak to him in the same way that we can now, so I want to make that clear. Secondly, I think that we should do everything in the most transparent way. Mr. Clerk, can you give us -- let's see when he's done. Mr. Clerk, could you give us an up to date benefits or -- well, this is the resolution that was made in the past, the contract for the former City Manager. And I say, 'former, " because I am sure that the last day that he was Manager was the 18th of this month, since that was put down, as I believe, with HR (Human Resources) as his last month. But I want to compare what we have, plus in the salary, I do remember that the former Manager started at 265, 000. This is quite higher now. And if this is what the former Manager is making, then I'd certainly like to know how he got there to the amount now. Last, but not least, while everything else seems to be basically what I remember having read in that resolution, the severance part that we have here is in violation of State Statute, and I need to put that on the record. If we're going to approve something, let's approve something that's what the law says. State Statute -- and this is fairly new, so I could understand that maybe we're not up to date on that. It's been -- only a few years old. State Statute says that severance pay can only be given up to six weeks, unless there's been a change recently. Victoria Mendez (City Attorney): It's six weeks. Commissioner Carollo: Okay. Ms. Mendez: Pursuant to Statute. Commissioner Carollo: Okay. So I stand correct then; that it is six weeks. So that's State -- the State Statute. Mayor Suarez: (UNINTELLIGIBLE). Commissioner Carollo: We have to abide by it. Mayor Suarez: We can say if you want -- we can leave it as is, and then -- let me -- just hear me out -- then we could say, "Or as limited by State Statute so that if there is for some reason a misinterpretation of the State Statute. Commissioner Carollo: Yeah. Mayor Suarez: Is thatfine with you? City of Miami Page 18 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Carollo: I can go along with that. If any -- Mayor Suarez: Okay. Or as limited by State Statute. Commissioner Carollo: Yeah. If there is any change to State Statutes that -- I doubt it, but if there is, then it's fine. Mayor Suarez: Okay. Commissioner Carollo: But that's fine on placing that. The part on -- upon separation, and the sick days, and unused vacation, certainly, unused vacation is one that I would be in favor of. But I'd just like to see what we had in the language on sick in the former Manager. The insurance side, the executive physical, it's the same. Cellular phone, I don't know if this is what the former Manager had, or if he had more. He will be provided a City vehicle. Mr. Noriega, when we put down, 'provide a City vehicle, " you're electing, instead of receiving a vehicle allowance, to be provided a City vehicle for your use, correct? Mr. Noriega: Correct. Commissioner Carollo: This does not mean a City vehicle with 100, 000 plus dollar a year chauffeur, and assistant, and body guard that will pick you up, like the former City Manager was, in the morning, take you to work, take you to lunch, take you back to work and then bring you home. Mr. Noriega: Correct, sir. I don't -- Commissioner Carollo: Okay. Mr. Noriega: -- need a -- Commissioner Carollo: That doesn't mean that at times, in your normal duties, you might need to have a Sergeant -of -Arms to take you somewhere, to be with you at times, but what I'm talking about is what I stated, which is, I think you understand that and we all know it's quite different on a day-to-day affair. The -- what is the amount that you presently make? Mr. Noriega: That exact amount. Commissioner Carollo: Okay. That's the exact amount that you make. Mr. Noriega: The current City Manager's budget allocation I think is 275, 000; a little over that. Commissioner Carollo: Excuse me? Mr. Noriega: The current salary for the recently departed City Manager was 275, 000. Commissioner Carollo: I'm not sure. I thought it was more. Yeah. I don't think -- it started at 265, but he snuck in therefor us not to see in the budget that we made 5 percent each time. So -- Mr. Noriega: Yeah. I -- Commissioner Carollo: -- it was more than that. City of Miami Page 19 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Mr. Noriega: -- that's not what I was given as I was trying to put this together. Commissioner Carollo: Yeah. Mr. Noriega: So I'm not -- Chair Hardemon: Could we have some clarification from our Budget Director? You're recognized, sir. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management and Budget. The salary of the outgoing City Manager is 275,706 That's the salary. That's not the total compensation, but that is the salary. Commissioner Carollo: I understand. That's what we're talking about now; salary, and not total compensation. But Chris, if that's the salary, and you had indicated to me he had received 5 percent increases, how could it be 275? Just on $265, 000, you're looking at 13 plus thousand dollars a year increase. Mr. Rose: He stated 265 until this past January 17, at which point, it was raised to 275, 706. Commissioner Carollo: What increase did he get? From what I read that you showed me, in the budget increase, it was a 5 percent. And 5 percent of 265 comes to more than what you're stating. Mr. Rose: And this is the document that my office gave your office, with the 275, 706. It could have been higher. It was budgeted at the 5 percent. It did not go all the way up to the 2 7 -- it did not go up this far. Commissioner Carollo: Okay. All right. That's fine. But I think Mr. Noriega clarified, and I thank you for that, because we need to have transparency, and I appreciate that, Mr. Mayor. Mayor Suarez: Mr. Chair, ifI may? Chair Hardemon: You're recognized, sir Mayor Suarez: Just to address one issue, one of the things that the Manager and I discussed yesterday when we were talking about his compensation package -- and I think this is important and relevant for you to know, because I think it influences the decision -- is his desire to eliminate the Deputy Manager position, which would save --I think it's $241, 778. Commissioner Carollo: Yeah. Mayor Suarez: So I just wanted to put that on the record, because I think that's significant in weighing this decision when you're looking at a delta of approximately, you know, 25, 30, 000 on the salary, and you're also looking at a savings of about 210 -- Commissioner Carollo: It's a huge amount that we're saving. Can you clam that, Mr. Mayor? Because that does make a huge difference. And that brings me to my next questioning -- Mayor Suarez: Sure. Commissioner Carollo: -- of Mr. Noriega. City of Miami Page 20 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: You're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Art, how many hours do you foresee approximately that you will have to be putting on an average week that's quiet? A non -hectic week that would be more. On an average quiet week, how many hours a week do you foresee that as Manager of this City you will be putting? Mr. Noriega: I think initially, it's going to be at a minimum, probably at least 60 hours a week, if not a little more. I think there's still a learning curve for me in terms of personnel, processes, procedures. There's a huge investment I'm going to have in my interaction with the five of you, in addition to the Mayor, because there's a series of really significant conversations we need to have to understand what the priorities are. Some of you I've communicated with already to some extent, but those have been really superficial at this point. There needs to be a much deeper dive into those; and so, that all requires extra work. There is a significant interaction for me in understanding of the current organizational structure, how that works, and, you know, an evaluation of all the senior level personnel, I mean, because that's an important part of this, too. I -- going back to Commissioner Reyes' point, I do have relationships with a lot of the people in the Administration, but for the most part, they're as a co-worker, you know, or as a peer; not so much as their immediate supervisor. That takes on a different role. And so, in that evaluation process, they're going to get an opportunity to prove their value to me, and vice -versa. I'm going to do everything I can to empower them, and lead them, and provide the supervision required for them to be successful, as well. And the ones that rise to the top will stay, and those that don't will be replaced. That's as simple as -- Commissioner Carollo: Well, I assumed that when the Mayor stated that you were eliminating the Deputy City Manager position that I don't think we ever had before; that even if we had the title, we always had three Assistant City Managers. This is the first time that I can think of we had four. But -- so I assume that it was because you're going to be putting the hours that a real City Manager would put that you are accurate. You would need 60 or more hours per weekfor a city like Miami on a slow week. If it gets hectic, you're going to see you're going to be putting in more. I put 60 hours a week a normal weeks in Doral, and that's much smaller than Miami. Here are some of the things that I need -- think that we need to air before an approval is made. Some of the ways that things were being done in as far as positions to be filled at the Director level, at least in one case, all the qualifications, key qualifications were waived completely so that someone could qualms and for that matter, it probably meant that just about anybody could qualms for a key directorship. In another case, it was clear -- if not, they probably shouldn't be working there -- that HR was given instructions to pretend that they didn't know how to read, and qualifications that were required of one particular Director were totally overlooked, and everything was written like if they qualified when they did not qualify at all based upon the criteria that we have. Will you be taking the position that if there is someone that wants to -- that you want to appoint for whatever reason, and they do not meet at all the qualifications that are required that you're going to be waiving all the requirements, education and so on, just to get them to qualms? Mr. Noriega: No, sir. Commissioner Carollo: If you find -- well, certainly, if you answer that "no" to me, then you certainly are not going to push for people to totally overlook in HR the hiring of someone that does not meet the prescribed qualifications. But what would your position be if you find that there are individuals that have been hired at the directorship or other high positions within the City that did not meet the City of Miami Page 21 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 qualifications at all? How would you deal with that once you look into it and confirm it? Mr. Noriega: So that's an interesting point. So that obviously precedes my tenure - - or would precede my tenure as City Manager; and so, those individuals in particular -- I think there needs to be an evaluation of all the job descriptions, sort of a re-evaluation of what those job descriptions look like. But individuals that are in the job currently, whether there's some issue with their qualifications leading up to it or not, I'm going to evaluate them based on their ability to do the job now, right? If I feel that they're not qualified or don't have the capacity to do the job, then we'll make a change. I'm not going to short-change the opportunity for people, because we like them, or they're fi^iendly, or they come at a recommendation from somebody, other than -- we have very -- there are minimum standards. I'd like to think that we're going to raise the bar even higher for all of those. And we have specific positions that require very detailed and specific criteria, and job skills, and educational background. Wherever that may be the case, we're going to adhere to those. And -- but I'll tell you this: You know, I can't speak to specific instances. I don't know enough about the process and what has happened in the past. I'll do the proper due diligence to evaluate that. But again, we're going to put the best people in the best jobs in every specific instance. And I'm going to go back to Commissioner Reyes' point. We are going to have a customer service focus at the City of Miami at every level from our fi^ontline employees to our Management. That's the way I function. I run an agency for the City that is inherently a business, and customer service is a significant part of that. Commissioner Carollo: While the City Charter is very specific that elected officials cannot give any orders, instructions to any employee of the City, from the City Manager on down, the law allows, just like any resident of the City, for elected officials to have at least that right of a common resident, and be able to ask questions of employees. But I'm going to go directly to the level of Director, Assistant Director of departments, which is Management, and I think we would agree that's Management, or Assistant Managers. By law, we are allowed -- and if I'm wrong, City Attorney, please opine -- to ask questions of Directors, Assistant Directors, Assistant Managers. It is extremely difficult to sometimes get information, and the time you have to wait if there are constituency problems that need to be resolved that we need to send over, to be going through a system that a Manager feels that no Director, no Assistant Director can speak directly to an elected official. And my question directly to you is, what would your policy be as the City Manager? Do you think that elected officials should have at least the same right as residents in trying to find information so that we can try to assist and help the people that have elected us? Mr. Noriega: So I have an interesting perspective on that; I've shared it with a couple of people. I think that our -- the way in which we communicate as an Administration with the elected officials needs to dramatically be improved. I think by way of actually creating an actual system and a process for that where everything doesn't have to necessarily come to the City Manager, but each and every one of you have a liaison of some sort, somebody that you can interact with on a regular basis -- I don't have it all sort of hashed out, per se. That's going to come through that "Q" and "A" (question and answer) that we do; me listening to you and getting some perspective on maybe some of the best methodology for that, but we definitely need to improve the way you get access to information as elected officials and the way we provide information. And I don't want there to ever be an accusation from this body here, nor from the Mayor, himself that we're not open, and honest, and forefront in terms of how we're disseminating information, the truth, and how we disclose processes, projects and the like. I think we need to be very transparent. Ultimately, the five of you and the Mayor are the individuals that City of Miami Page 22 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 are elected by the people. Our job is to implement policy, procedure, and make sure we do the business of the City of Miami, and we have to be responsive to that. So I'll make this commitment to you: I don't know how it's going to look, but we're going to do a much better job in terms of how we communicate. Commissioner Carollo: Okay. Next question: Protection of life and property are the most important reasons why a local government exists. In fact, the biggest amount of our budget goes precisely to that; protection of life and property. Our biggest department is Police; secondary is Fire and Rescue. The Fire and Rescue Department, the contact that most of our residents have is through the Rescue aspect of it, which I think is one of the best; certainly, down in South Florida, if not Commissioner Reyes: The nation. Commissioner Carollo: -- the State and across the country. But it's a very efficient service that we provide, and also a very expensive service that we provide. They're -- you know, people are used to it. They only have that contact if they have an emergency. However, Police, the most expensive of our departments, the one that we spend the most money in, is different. They're -- that's the front lines every day that police officers have nonstop contact with residents of Miami on a daily basis. It is extremely difficult for any elected official to do its best for its individual district if they're cut off from being able to communicate with local commanders. Sometimes their district, as you know, are cut in part so that you have several commanders. And in fact, a commander might have parts of two districts. But that's one of the essential areas that's important, because just like police can have a lot of information that they can provide to an elected official, that elected official might have a lot of information that the police might not be aware of, of things that go on in their individual districts. We have had some great problems as of late, beginning but not the least, with cash payments in off -duty work to police officers, where, frankly, we've lost control of our police in many off -duty jobs. And it's not me saying it; it's the two reports that we've had from first the CIP (Civilian Investigative Panel); secondly, from the Auditor General of what's been happening. The lack of training, supervision, accountability that I see out there is grave, is to the danger point. And I don't care how many Band-Aids people might want to put on it; it's a reality. And it's also a reality that approximately 60 percent of our Police Department has been hired only in the last three years or less. So we have a lot of new young police officers that require the training, the supervision, much more even so than veterans that have been here for a long time, even though those veterans require that supervision, also; at a lesser level, but they do require it. When you have elected officials being unjustly attacked that look at the crime in their district, what have they done? People are afraid to go out in their district. What have they done? I don't think any one of us here was hired to run a Police Department. I can certainly tell you that I have sufficient knowledge on how law enforcement should work and what to do in any individual district to make it better. But when I've seen things that is nonstop, and I see that nothing gets done -- I see that when I came in the beginning, the doors were open to try to work with my office. Then after a short time, when a new Manager came in, in January, soon after that, the doors were shut to me completely. And Art, I'm going to be very blunt with you. How can I be accused by a handful of people, particularly that don't even live in my city, that crime security is running rampant in my district? And they're trying to blame me, but those that are in a position of command are not blamed, don't come up to the forefi^ont, and I will tell you that it's nowhere near as had as is being said. There are problems, yes, but what I'm trying to say to you is that we cannot keep on with a politicized Police Department any longer. This has to change. We need professionalism from the highest level to the lowest level. And I could go on and on, but I think that you get my point. And you know what the City of Miami Page 23 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 worst part is? That some of us -- in particular, me -- were being threatened that if we would try to get information, if we would try to help our district, not by ordering anybody, not by giving instructions, that we were violating the Charter, that we were going to be brought up with charges. This is the kind of Administration that we had running this City. But some looked the other way. I could spend quite a bit more time in questioning Mr. Noriega, but t think I've made my point on some of the most important ones. I would hope that some of the others here would -- might have some additional questions of him. I seconded your nomination with what's presented with the change that the Mayor included at my request, which is fine, and we'll include that on the record before we vote. Mayor Suarez: Yes. And there's two minor scrivener's errors that I just want to make sure that are included in the maker's motion and in the second, which is the proposed benefits says, "effective January 2018. " That's an error. It should be, "2020. " Commissioner Carollo: Glad you caught that. Mayor Suarez: Yeah. I'm sorry. Anyway, it should be, obviously, "January 24"; not "January 11 " -- sorry -- "February 24 "; not February -- Commissioner Reyes: February, not January. Commissioner Diaz de la Portilla: Yeah, no back -dating. Commissioner Reyes: No back -dating. Commissioner Carollo: We don't want to put two guys who are not working. Mayor Suarez: Exactly. And then I think there's another scrivener's error on the -- I believe on the resolution. If I'm not mistaken, it says, "Effective February 18, " and it should say, "Effective February 24. " Mr. Clerk, is that correct? So I just want the maker of the motion and the seconder to amend this. Commissioner Carollo: We accept that. Thank you. Chair Hardemon: And so, that's also -- just to be -- for clarity's sake, that's also inclusive of the "or as limited by State Statute" amendment that was made. Commissioner Carollo: Yeah. Chair Hardemon: I want to recognize Commissioner Reyes. Commissioner Carollo: Just a last statement for -- Chair Hardemon: Hold on. Let me recognize Commissioner Reyes -- Commissioner Carollo: I hadn't finished. -- Chair Hardemon: -- and then Commissioner Diaz de la Portilla. Commissioner Carollo: One last statement, because I hadn't finished when the Mayor piped in. I'll be quick. Even though I had requested --and the Mayor knows this, and I publicly made my statements -- that we should go to a national search and pick an interim, and I think that if you would have been chosen as an interim and we would have had a national search, you definitely would have been one of the finalists, Art. I have to believe that. I don't care who -- City of Miami Page 24 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Diaz de la Portilla: Absolutely. Commissioner Carollo: -- we would have chosen. Then it would have been up to the Mayor to decide if he really wanted to go with you, or if he saw something even better that caught his eye even more. But we'll never know that now. But I think the Mayor is trying, as I said, and I think we all should try. So I'm not going to try to complicate this at all. I've made my statement, what I would have liked to have seen. It is what it is, and the Mayor has the right to present it in the way that he did. So I will be voting for the motion that l seconded for those reasons. Commissioner Diaz de la Portilla: Can we -- Chair Hardemon: Commissioner Reyes and then Commissioner Diaz -- Commissioner Diaz de la Portilla: -- hear -- I'm assuming you have a -- if I may, Mr. Chair. I'm assuming you have an opening statement or some comments about what you want to do, some kind of vision, some kind of idea. Mayor Suarez: Sometimes less is more, by the way. Chair Hardemon: That's true, but that -- Commissioner Diaz de la Portilla: I do want to hear that if you don't mind. Mayor Suarez: Sometimes less is more, Commissioner. Chair Hardemon: -- that's also why I called on him in the first place before all of us got to the discussion. At this point now I want to recognize Commissioner Reyes. Commissioner Reyes: Yes. I just want to make it clear and that -- what I'm expecting fi^om you. You see, you mentioned process, and you forgot to mention efficiency, which we have talked so much about. Mr. Noriega: Mm-hmm. Commissioner Reyes: I really would like to see you, you see, start efficiency analyses of every single department; a real professional efficiency analysis, so we can save money and we can be more efficient, and establishing processes that are going to expedite the permits and many things of, I mean, the business of the City. But I have a question. In the sake of transparency, I think -- well, it is my opinion that -- Are you going to have outside employment? Are you planning on having outside employment? Mr. Noriega: No, sir. Commissioner Reyes: No? Because in case that you will decide to work for anybody else. I mean -- well, I don't think you're going to have. The old -- the previous City Manager was consulting with somebody else. I mean, that was -- he admitted that he was consulting. But if I want to propose -- and I don't know if it is future legislation or anything -- that in the sake of transparency, if you are going to engage in any jobs outside of the City of Miami, you should disclose it, disclose who your clients is. And I don't know if to go as far as require Commission approval, because I want your full attention; your full attention. And also, I don't want later on that we -- people will have the perception that you've been working with somebody that do business with the City of Miami. And I know that there are many people in out -- I mean, members of the public that are always looking at us and City of Miami Page 25 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 seeing where they can get -- catch us, you see, doing something that is unethical; that I want that promise fi^om you, please. Mr. Noriega: You have that promise. I think the City Charter actually has limitations to -- Commissioner Reyes: No. Mr. Noriega: -- what the City Manager can do, don't they? Doesn't it? Ms. Mendez: I don't believe so. Chair Hardemon: Okay. Ms. Mendez: But I think that -- yeah, definitely, for me; not for the Mayor. Mr. Noriega: Oh, okay. Ms. Mendez: So -- and not for the Commissioners, either, on outside employment. But I think he's also referring to like maybe boards and things like that, so just -- Commissioner Reyes: Any. Any. Ms. Mendez: -- talk to them about -- Commissioner Reyes: Any other activity that you will have -- Mr. Noriega: Okay. Commissioner Reyes: -- that it is outside of your duties as City Manager, I believe that the City Commission should be informed -- Mr. Noriega: Okay. Commissioner Reyes: -- and if you are going to be working for somebody else, who your customers are. Mr. Noriega: Yeah. I won't be working for anybody at all other than the City of Miami. There are boards I sit on. They're -- you know -- they're non paid board. They're strictly on a volunteer basis. But if you'd like, I'll disclose all those to you. Commissioner Reyes: I would like to. Mr. Noriega: Absolutely. Commissioner Reyes: I want all that disclosed. Mr. Noriega: Be happy to. Commissioner Reyes: You see, one thing that I want to bring to City of Miami is transparency. Mr. Noriega: Well -- Chair Hardemon: Commissioner Diaz de la Portilla. City of Miami Page 26 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Diaz de la Portilla: Well, he just raised a question. Those boards that you see on, if they have -- Mr. Noriega: Yes, sir. Commissioner Diaz de la Portilla: -- business with -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- the City of Miami. That could present some sort of a conflict. Mr. Noriega: Correct. Commissioner Diaz de la Portilla: I just want to be cognizant of -- Mr. Noriega: Yeah. That's why I think it's important to disclose that. I don't believe any of them that I currently sit on at all do anything with the City. But, you know, I'll disclose it so that -- There's a potential board that I'm nominated for which may end up doing business with the City, but 171 fully disclose that. Commissioner Diaz de la Portilla: But beyond fully disclosing it, I mean, there could be a conflict. Mr. Noriega: Well, but Id have to recuse myself and -- Commissioner Diaz de la Portilla: Of course. Mr. Noriega: -- completely segregate myself fi^om whatever that process is. I can't have any input at all in it. Commissioner Diaz de la Portilla: Of course. Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: And what I really want to hear from Mr. Noriega, Mr. Chairman, Commissioners, hear from him -- I'm sure you have a prepared opening statement or some comments you want to make, but you did allude to an evaluation that you want to do on City personnel. Mr. Noriega: Mm-hmm. Commissioner Diaz de la Portilla: Is that a top/down evaluation? And how long do you think that will take? And I want you to address that in your opening comments if you may, because I think that's a concern some Commissioners have. That was expressed publicly -- Mr. Noriega: Sure. Commissioner Diaz de la Portilla: -- as to the personnel in the City of Miami and what kind of changes you're going to make; the cultural change, I think, that Commissioner Reyes was talking about. So is that going to be a process that's going to happen quickly, or are you going to take months or years? Mr. Noriega: So I'll give you kind of a quick -- City of Miami Page 27 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Diaz de la Portilla: No. Just give me the whole (UNINTELLIGIBLE) at once. Mr. Noriega: You know, I --first of all, you know, I deeply appreciate all of the feedback that I've gotten as I've met with all of you individually as this process has sort of progressed. But that's really at the very surface of it. It really -- we haven't gotten into any real substance at this point. I think the opportunity for me -- the first order of business -- right? -- is to sit with each of you and do a little more -- a much depth -- in depth -- a much more in-depth analysis of what your perspective is. All of you have been interacting with the City for various periods of time; some newer, some a lot more extensively in terms of time. So you have a lot of valuable information that I can learn from and certainly take with me as I step back into that process of evaluating both administrative organization, because there's an organizational issue here; there's personnel; there's processes; there's legislation. It's holistic. It's not just -- you know, you can't just piecemeal it. Every single aspect has to be part of that evaluation, and we're going to identify individuals that are going to help me with that. I've already talked, you know, personally with some people outside about volunteering their time to help with that process; people that have been involved in that, that don't do business with the City so that I can get some independent perspective on people that don't have an investment in that process, but it'll be fair and honest. I can't give you a timeline, Commissioner, unfortunately. I wish I had a better sense of the depth at which the list is, but I really don't. But I'll make the commitment to you that's the first thing I'm going to hit after I interact with the five of you, and do a much more -- deeper process with the Mayor, as well, because although he's put me through a diligent series of interviews, and we've talked about a lot of topics, we haven't really spent a lot of time together yet. So, you know, all of that's part of that process. So I'm going to, as I said to Commissioner Carollo, I'm going to put the time in. I'm going to put the sweat equity into this. I think my 28, 29 years of management sort of have given me at least the ability, and background, and skill to be able to handle all of that. The employees that are here are going to appreciate my candor; I believe that. I believe they're going to appreciate how I work well with them. They can talk to my current staff and get a feel for that, as well. And they're going to understand what accountability is, because I think that's the biggest part of this, right? We're going to set the bar as high as we can and try to hit it, and that's going to be the first order of business for meat a staff level. But the very first thing I need to do in the next couple of weeks is transition out of my other job; make sure I'm handling business here, too. And then I'm going to be all in to try to make sure that all of you have my ear as much as and often as you need to. Did I miss anything? Commissioner Diaz de la Portilla: That makes sense. Mr. Noriega: Okay. Commissioner Diaz de la Portilla: Do you have any other comments you want to make or --? Mr. Noriega: No. I'm extremely excited about the opportunity. I mean, it's something that I felt I had the ability to do; I felt I had a passion for. I believe in the City of Miami -- I have a lot invested in the City of Miami professionally and personally. And I think that my desire to want to do this job in spite of the many people who thought I was crazy to want to do it was the fact that I really felt as a leader -- right? -- and somebody that really cared about the City, I felt I had an obligation to try to step up and make things better, and if I can do that in whatever small role or small part I can play in that, that's important to me. I never -- and I've said this to each of you individually -- I will never get credit for anything. I don't want credit for anything. I think the credit goes to those that get elected by City of Miami Page 28 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 the people. And so, my job is to make the City run better so that all of you can use that as a sounding board for the jobs that you do as elected officials. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: Seeing no further discussion -- Vice Chair Russell: No. I'd like -- Chair Hardemon: You do? Okay. You're recognized then, Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Good morning, Mr. Noriega. I've worked with Art as we both hold ex-officio positions on the Coconut Grove Business Improvement District for the last four years. I really appreciate his perspective on this small business community in this one area. But as you all know, and maybe the public doesn't know, the Miami Parking Authority does so much more than parking, from, you know, from land use, and real estate to all sorts of things. And I've really seen where Art has stepped out of what would be in a normal Parking Authority position comfort zone to really work on urbanist concepts, which have benefited the community. I'll start with Lot 11 Skate Park; nothing to do with parking, whatsoever, but a crucial piece that could not have been done without the Miami Parking Authority's involvement. They didn't have to get involved in that. It would have been much easier, safer from a liability perspective or whatever, but really, it has given our youth something very positive in the area. And if you go out there now, there's 300 kids on any given day; same thing with the scooter program. Art did not have to step into that, but I believe it's because of his involvement with his team monitoring on the ground as an army to really help regulate the situation that we haven't had a fatality yet, and the program is doing as best as it can. I definitely could not have done it without him. But for me, the reason I would vote for Art today is something we talked about last week. And I've had a good relationship with both of the previous Managers I've worked with over the last four years, but never once has the City Manager come to my office and simply asked the question, "What are your objectives, and how can I help you achieve them for your district?" It seems simple and intuitive, but it's really easy to get lost in this machine of the City and all of the things that need to be done, but to remember that even though the Directors work for him and they are specialists in their field, we are the elected representatives. With our finger on the pulse of our residents, we've been charged with improving our City to their quality of life and safety. And so, to really help us, each of us strategize for our objectives and goals I believe would make him a successful Manager, and I lookforward to working with him. So good luck, Art. Mr. Noriega: Thank you. Chair Hardemon: Roll call vote. Todd B. Hannon (City Clerk): Roll call on Item RE.1. Commissioner Reyes. Commissioner Reyes: Yes. Mr. Hannon: Vice Chair Russell. Vice Chair Russell: Yes. Mr. Hannon: Commissioner Carollo. Commissioner Carollo: Yes. City of Miami Page 29 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Mr. Hannon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Chair Hardemon. Chair Hardemon: Do good and do it well. I vote in the affirmative. Mr. Hannon: The motion passes, 5-0, as amended. Mayor Suarez: Mr. Chair, ifI may? Chair Hardemon: You're recognized. Mayor Suarez: I just want to thank the Commission for their confidence, and reiterate that I think this is a great opportunity to turn the page and work with someone who is committed to being a professional, and moving forward our collective agenda. Thankyou. Commissioner Diaz de la Portilla: Congratulations. Mr. Noriega: Thank you, too. (Applause) Chair Hardemon: Okay. The Commissioners want to take a quick five-minute break, so we'll take a break and then come back to this body. The meeting is in recess. RE.2 RESOLUTION 7204 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 TEN THOUSAND DOLLARS ($10,000.00) TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE NOTRE DAME INFANTS AND TODDLERS PROGRAM; 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-20-0057 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... ................... Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes City of Miami Page 30 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: The RE (Resolution) agenda -- we've already had some action on the RE agenda. Of course, RE.1 passed. RE. 4 was indefinitely deferred, RE 5 was deferred, and RE.11 was withdrawn. Commissioner Reyes: Yes. Chair Hardemon: The Chair would like to entertain a motion to approve the RE agenda except for, of course, those items that we've acted on and the -- and removing, also, the fixing and establishing the compensation for the Mayor. So that'll be something that we handle separately. Commissioner Reyes: Okay. So we're going to remove RE. 6 -- Chair Hardemon: Correct. Commissioner Reyes: And which one? Another one? Chair Hardemon: The rest -- and the rest were already acted on. RE.1 was acted on. Commissioner Reyes: Okay. Vice Chair Russell: Mr. Chairman. Chair Hardemon: RE.4, RE 5 and RE. 11 were (INAUDIBLE). Vice Chair Russell: What's the status of RE.12? That's the health plan -- adding a health plan for the PZAB (Planning, Zoning and Appeals Board) Board. That has not been deferred, has it? Chair Hardemon: No, no, that hasn't been deferred. That's one of the items that we need to act upon. Vice Chair Russell: I would pull that one separately. Chair Hardemon: Okay, pull that one as well. Commissioner Reyes: Which one? Chair Hardemon: RE.12. Commissioner Reyes: RE.12. Chair Hardemon: So basically, the motion is for RE.2, 3, 7, 8, 9 and 10. Commissioner Reyes: Move it. Chair Hardemon: It's been properly moved. Commissioner Diaz de la Portilla: Second it. Chair Hardemon: And seconded. Open the floor for discussion. Commissioner Carollo: If we could go over all the REs, because we're moving quite a bit. Commissioner Reyes: Yeah, I understand. City of Miami Page 31 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: The -- so the motion is to approve RE.2, 3, 7, 8, 9 and 10. Commissioner Carollo: Okay. Chair Hardemon: Any discussion? Vice Chair Russell: Yes, please. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: On RE 8, which I believe is Commissioner Reyes' item, this is the bus benches. Commissioner Reyes: Yeah. Vice Chair Russell: I'm sorry; Commissioner Carollo. Chair Hardemon: Carollo's item. Commissioner Reyes: Commissioner Carollo. Vice Chair Russell: Yes, RE.8. We're accepting a donation of bus benches, which is a great thing. Commissioner Reyes: That's right. Vice Chair Russell: But I just had some questions about the specifics. Are we accepting money for us to purchase bus benches under our current designs and choice of location, et cetera, or are we accepting them as is? And if so, what is the design? Is there any specifics we can have about the benches and where they'll go and --? Commissioner Carollo: As I understand it, Commissioner, we had gotten some already that were given to the City. We're just getting additional ones out of the same kind that had been approved and had been put out already. These are just additional ones. Vice Chair Russell: Thank you. And they -- are they -- do they say "City of Miami" on them or are they generic or are they -- do they have advertising? How does it work? Commissioner Carollo: Well, they're not going to have any advertising promoting anybody out there. What I think, they are just benches that are appropriate to have. Vice Chair Russell: Thank you. I'm supportive. Thank you. Commissioner Carollo: Thank you. Chair Hardemon: Is there any other discussion? I have a question. And I always - - I've always said this, like I'm -- RE.3, we have the first annual anti -communist concert. Commissioner Reyes: Yes. Chair Hardemon: Is that the name of -- the official name of the actual concert? Commissioner Reyes: Yes, sir. Yes, sir. City of Miami Page 32 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: I've always thought it was to be -- you know, it's interesting. Commissioner Reyes: Yes. Chair Hardemon: When we saw pro -democratic versus -- Commissioner Reyes: Well, you know -- Chair Hardemon: -- anti -communist. Commissioner Reyes: They are concerts for socialist party. There's concerts for the pro -- a bunch of ideologies. But we have never had a concert here in Miami as an anti -communist concert. Or it is -- what it is, it's a statement, statement by the Cuban musicians that are not permitted to perform in Cuba. And many people in the United States, they support those performers that they are backed by the regime and they -- to come here in the name of cultural exchange, you see. We want to make a statement that there is -- and let me tell you, this concert was the idea of a couple of people. And the support of world-renowned Cuban musicians has been tremendous. They had to limit the amount of people. We have figures as Paquito D'Rivera, which is an international jazz performer; Arturo Sandoval, that as a matter of fact, they had never performed in the same stage together until this time, you see; that they are giving of their time, and they are paying for their travel expenses just to come and perform, and make a statement that there is a group of musicians here that they don't agree with that horrible philosophy, and that have been enslaving our country for the past 60 years. Chair Hardemon: Look, I've always said that -- well, one, in regards to the issues in our relationship with the individuals who are from Cuba or who have family and do business, et cetera, with Cuba, I've always taken my lead from my dear Commissioners to the right and to the left of me. Commissioner Reyes: That's right. Chair Hardemon: And I know that part of our -- part of the pain is, like you say, in Cuba, some of these artists cannot perform. Commissioner Reyes: They cannot. Chair Hardemon: You know, part of the thing I just get worried about is that here even in America -- in America we have the ability to kind of say what we want to say as long as it's -- Commissioner Reyes: Yeah. Chair Hardemon: -- you know, limited by certain things that we all know. Of course, you can't yell, "fire" in a crowded theater. But I know that in the past that we've also said there are some artists who can't perform here in the States. And you know, my worry is always that, you know, we don't want to resemble the regime in which that we've been, you know -- has been detrimental to people. Commissioner Reyes: Let me take notice to that statement: They cannot perform here. No, anybody that can come here can perform here. The legislation that had been passed -- and not only by us but by the ,State is that they -- those performers -- that they are -- that those performers that they are close -- I mean, they are a part of the regime. And in order to -- you have to understand that in order for you to perform in any of the stages in Cuba, any of the venues, you have to be totally submitted to the ideology and be in favor of the regime or you won't be allowed to City of Miami Page 33 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 perform, you see. Those people that come here and then go back to Cuba -- and as a matter of fact, they go and they disparage against us and people that opposes the regime. And don't worry about the "anti" word, because we have anti -Ku Klux Klan, anti -racist. We have anti a lot of things, you see. Anti against violence, which is an anti, you see, and we have all of those. And this is just a group of performers, Cuban performers that they want to make a statement. And they're going to make a statement, you know, by bringing their talents to the stage, to the venue and declaring that they are not in agreement to any part of this horrible philosophy. Chair Hardemon: Okay. Commissioner Reyes: Okay? Chair Hardemon: Any further discussion? Grace Solares: Mr. Chair, just a point of order on RE.12. Chair Hardemon: We're not considering RE.12 right now. Ms. Solares: Huh? Chair Hardemon: We're not considering RE.12 right now. Ms. Solares: You're not considering that? Chair Hardemon: No, not right now. Ms. Solares: Okay. Chair Hardemon: Alright. All in favor of the motion on the floor say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. RE.3 RESOLUTION 7206 A RESOLUTION OF THE MIAMI CITY COMMISSION CO - Commissioners SPONSORING THE FIRST ANNUAL ANTI -COMMUNIST and Mayor CONCERT IN THE USA ("CONCERT") TO BE HELD AT THE CITY OF MIAMI ("CITY") OWNED PROPERTY KNOWN AS THE JAMES L. KNIGHT CENTER ON APRIL 11, 2020; WAIVING CERTAIN FEES AND COSTS ASSOCIATED WITH THE CONCERT INCLUSIVE OF FEES FOR THE CITY'S POLICE DEPARTMENT AND FIRE -RESCUE DEPARTMENT AS REQUIRED PURSUANT TO SECTION 19-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE CONCERT. ENACTMENT NUMBER: R-20-0058 City of Miami Page 34 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item RE.3, please see Item RE.2. REA RESOLUTION 7150 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND and Mayor EXECUTE AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT EXECUTED JULY 21, 2015, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), WHICH ALLOWS THE CITY TO PERFORM CERTAIN ADDITIONAL TRAFFIC ENGINEERING FUNCTIONS WITHIN LOCAL MUNICIPAL STREETS MAINTAINED BY THE CITY, TO ALLOW THE CITY TO INSTALL SPEED HUMPS, HISTORIC STREET NAME SIGNS, IN - STREET PEDESTRIAN CROSSING SIGNS, AND RAISED INTERSECTIONS EXPEDITIOUSLY WITHOUT PRIOR COUNTY APPROVAL ON SAID STREETS AND FOREGOING THE NEIGHBORHOOD CONCURRENCE / CITY COMMISSION RESOLUTION REQUIREMENT FOR INSTALLATION OF SAID TRAFFIC CALMING FEATURE AS CURRENTLY REQUIRED BY THE COUNTY'S "TRAFFIC FLOW MOD I FICATION(S)/STREET CLOSURE PROCEDURE". MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item RE.4, please see "Order of the Day" and Item RE.2. City of Miami Page 35 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 RE.5 RESOLUTION 7218 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION and Mayor FROM THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("CGBID") IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) TO ESTABLISH A SPECIAL REVENUE PROJECT TITLED "THE CGBID SECURITY SYSTEM" ("PROJECT"); ALLOCATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND FOR THE PROVISION OF UP TO SIX (6) SECURITY CAMERAS INCLUDING SOFTWARE LICENSING, MAINTENANCE, AND INSTALLATION OF ALL HARDWARE WITHIN THE CGBID AREA AND INTEGRATION INTO MPD'S REAL TIME CRIME CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. Item RE.5 was deferred to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item RE.5, please see "Order of the Day" and Item RE.2. RE.6 RESOLUTION 7079 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT Commissioners TO SECTION 4(H) OF THE CHARTER OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED, FIXING AND ESTABLISHING THE COMPENSATION FOR MAYOR FRANCIS X. SUAREZ. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record. Item RE.6 was deferred to the March 12, 2020, City Commission Meeting. Note for the Record. For additional minutes referencing Item RE.6, please see Item RE.2. City of Miami Page 36 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: Okay. I kind of smiled on the inside, because I'm saying to myself, "With what's left of the agenda, I might have dinner tonight, " but we shall see. Vice Chair Russell: Don't jinx us. Commissioner Diaz de la Portilla: Don't count your chickens. Chair Hardemon: So what I would like to do now is I'll --Do we want to--? Let's- - RE. 6, next in line. Commissioner Carollo: In the spirit of a new Miami with a new City Manager, I will defer this item until the next meeting to give the Manager time to -- even though it's not one of his areas or prerogative -- to give the time to the Manager to settle down. And I'm working on something else I think that would be appropriate. At the same time, on DI7, for the reason stated, and this one particularly, with a new Manager, he needs to settle down and be apprised of this. And I have not received all the information that I requested, nor have been able to ascertain what I have been given. So with the spirit of what I stated, both on DI 6 and DI7, I will be happy to defer them to the next meeting. Now if D8 [sic] would be liked to be brought up, I have no problems if you would like to bring it up. Chair Hardemon: You've been recognized. Eddy Leal (Counsel to the Mayor): Following up with that spirit -- Mr. Eddy Leal from the Mayor's office -- we would like, also, for DI8 to be indefinitely deferred. Thank you, Commissioner. Commissioner Carollo: Surely. Chair Hardemon: Okay so we're de -- the motion is to defer Item RE. 6, DI 6, DI.7, DI8 to the next meeting? Commissioner Carollo: DI 6, DI7, DI8 to the next meeting. Vice Chair Russell: And RE. 6. Commissioner Carollo: I so make a motion. Chair Hardemon: It's been properly moved; seconded by the Chair. All in favor -- or is there any discussion on that motion? Vice Chair Russell: There's clarification. I heard originally "indefinitely, " and then I heard, "the next meeting. " Chair Hardemon: Yeah, I assumed he meant -- Commissioner Carollo: Next meeting. Chair Hardemon: I assumed you meant the next -- I heard you say, "indefinitely, " but I assumed you meant the next meeting -- Commissioner Carollo: Yeah. Chair Hardemon: -- to be allowed. Mr. Leal: Next meeting, as well. City of Miami Page 37 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Carollo: Yeah. Mr. Leal: Thank you. Vice Chair Russell: No discussion. Chair Hardemon: Alright. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Vice Chair Russell: Alright. RE.7 RESOLUTION 7219 A RESOLUTION OF THE MIAMI CITY COMMISSION Commissioners AUTHORIZING AND DIRECTING THE CITY MANAGER TO and Mayor TERMINATE THE PUBLIC BENEFITS AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND SOUTHSIDE PLACE, LLC ("ORIGINAL DEVELOPER") FOR FAILURE TO PROCEED IN GOOD FAITH TO COMPLY WITH THE TERMS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NEW PUBLIC BENEFITS AGREEMENT ("NEW AGREEMENT") BETWEEN THE CITY AND 191 SW 12 OWNER, LLC ("NEW DEVELOPER"), WHEREBY THE CITY AND THE NEW DEVELOPER WILL CONSOLIDATE THEIR PROPERTIES IN ORDER TO PERMIT THE NEW DEVELOPER TO PROVIDE VARIOUS PUBLIC BENEFITS AT THE NEW DEVELOPER'S SOLE EXPENSE, INCLUDING THE DEVELOPMENT OF A NEW FIRE STATION, AND TO DEVELOP A PRIVATE MIXED -USE TOWER WITH FIRST FLOOR RETAIL AND A PARKING GARAGE, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE NEW AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE REVISIONS AND NON -SUBSTANTIVE AMENDMENTS TO SUCH NEW AGREEMENT AS NEEDED, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-20-0059 ........ ......... ......... MOTION TO: ......... ......... ......... ......... ......... ......... ......... .................. Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 Item RE.2. City of Miami Page 38 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 RE.8 RESOLUTION 7224 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioners ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY and Mayor MANAGER TO ACCEPT A DONATION OF UP TO THIRTY-FIVE (35) BUS BENCHES WITH AN ESTIMATED VALUE OF TWENTY- FOUR THOUSAND FIVE HUNDRED DOLLARS ($24,500.00) FOR USE AND PLACEMENT IN COMMISSION DISTRICT 3 FROM URBAN HEALTH PARTNERSHIPS, INCORPORATED ("UHP"), A FLORIDA NOT -FOR -PROFIT CORPORATION, WITH FUNDING ORIGINATING FROM THE MIAMI FOUNDATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, AND MIAMI-DADE COUNTY COMMISSIONER EILEEN HIGGINS PURSUANT TO A DONATION LETTER, ATTACHED AND INCORPORATED AS EXHIBIT "A". ENACTMENT NUMBER: R-20-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 Item RE.2. RE.9 RESOLUTION 7040 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of Fire- ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, Rescue AFTER AN ADVERTISED PUBLIC HEARING, CONFIRMING, RATIFYING, AND APPROVING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT IT WAS NOT ADVANTAGEOUS OR PRACTICABLE FOR THE CITY OF MIAMI ("CITY") TO USE SEALED COMPETITIVE BIDDING METHODS AND WAIVING THE SAME PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE EMERGENCY PURCHASE OF REQUIRED SATELLITE COMMUNICATIONS EQUIPMENT ("EQUIPMENT") FOR THE CITY'S DEPARTMENT OF FIRE -RESCUE FLORIDA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM IN ACCORDANCE WITH FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") MANDATORY FUNDING SOURCE DEADLINES; FURTHER APPROVING PAYMENT TO THE VARIOUS FEMA PRE - QUALIFIED VENDORS FROM WHICH THE REQUIRED EQUIPMENT WAS PURCHASED AT A TOTAL EXPENDITURE AMOUNT OF ONE HUNDRED SEVENTEEN THOUSAND TWO HUNDRED SIXTY NINE DOLLARS AND TEN CENTS ($117,269.10). ENACTMENT NUMBER: R-20-0061 City of Miami Page 39 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, 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 Item RE.2. RE.10 RESOLUTION 7094 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Capital ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 2 TO THE Improvements PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH THE ENGINEERING FIRMS OF KIMLEY-HORN & ASSOCIATES, INC., A FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("KIMLEY-HORN"), AND HNTB CORPORATION, A FOREIGN PROFIT CORPORATION REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("HNTB"), FOR ADDITIONAL WORK CONCERNING THE PROVISION OF TRANSPORTATION PROGRAM SUPPORT SERVICES SOLICITED UNDER REQUEST FOR QUALIFICATIONS ("RFQ") NO. 15-16-028 IN AN AMOUNT NOT -TO -EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) EACH, THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM AN AMOUNT NOT -TO - EXCEED ONE MILLION DOLLARS ($1,000,000.00) EACH TO AN AMOUNT NOT -TO -EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) EACH; ALLOCATING FUNDS FROM OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NOS. 40-1370245 AND 40-1370246, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0062 City of Miami Page 40 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record. For minutes referencing Item RE.10, please see Item RE.2. RE.11 RESOLUTION 7013 MAY BE WITHDRAWN Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO Management NEGOTIATE AND EXECUTE A TERMINABLE AT -WILL LICENSE, 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: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item RE.11, please see "Order of the Day," "Public Comment Period for all Items," and Item RE.2. City of Miami Page 41 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 RE.12 RESOLUTION 6355 A RESOLUTION OF THE MIAMI CITY COMMISSION ADDING THE Planning, Zoning MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD and Appeals Board ("PZAB") TO THE CITY OF MIAMI'S ("CITY") GROUP MEDICAL AND DENTAL INSURANCE PROGRAM ("PLAN") DURING THE TERM OF THEIR APPOINTMENTS ON THE PZAB; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO AMEND THE CITY'S PLAN TO ALLOW FOR THE PARTICIPATION OF SAID INDIVIDUALS CONTINGENT UPON PAYMENT BY THESE INDIVIDUALS OF THE SAME PREMIUM CONTRIBUTION PAID BY CITY'S GENERAL EMPLOYEES; ALLOCATING FUNDS AS REQUIRED FROM THE GENERAL FUND, ACCOUNT NO. 50001.301001.523000.000.00000 FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record. For additional minutes referencing Item RE.12, please see Item RE.2. Commissioner Diaz de la Portilla: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: We actually may make it for lunch. Chair Hardemon: (INAUDIBLE) RE.12. Commissioner Diaz de la Portilla: (INAUDIBLE) lunch. Chair Hardemon: RE.12. Grace Solares: Commissioner, Grace Solares. Just a question. This is providing medical insurance for the PZAB (Planning, Zoning and Appeals Board). We have many, many boards in the City. They're all volunteers. They take time from their families and businesses and things to be here and do the City's job, yet they're not here. That seems to be somewhat discriminatory and I -- Chair Hardemon: Well, I'm sure this is going to be something that we'll probably discuss as board members, so thank you for your, you know, comment regarding it. But yeah, kind of allow us to give it -- Ms. Solares: No. I think if you give it to one, you must give it to all, because it w ill certainly be discrimination. Chair Hardemon: Thank you. So is there -- it's not public comment. I know that's the -- that's what happens. Commissioner Diaz de la Portilla: Right City of Miami Page 42 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: Sothis is not an opportunity for public comment. We've already had public comment. So I want someone from the Administration to present RE. 12. You're not the person I would think. You're the budget man. Vice Chair Russell: Based on who they send, you know how the Administration feels. Chair Hardemon: Right. Fernando Casamayor (Assistant City Manager): Commissioners, just a point of order. This was not put on by the Administration. This was put on by the PZAB, itself. Chair Hardemon: Okay. Mr. Casamayor: Mr. Rose can give us some numbers regarding what the cost associated with this would be. Christopher Rose (Director): Good morning, Commissioners. Chris Rose, Office of Management and Budget. This morning we sent out a memo to each of your offices and each of your chiefs of staff detailing how much it would cost for this, and as Ms. Solares mentioned, based on some assumptions, what it would be for all of the boards. So in that we used an average of 17 point -- $17, 762 per person, and there are 12 members of the PZAB. There's two vacancies currently, and there's one that serves on another board at the time, --so you wouldn't have to give them insurance twice. But the 12 would cost $213,144. This is not budgeted in the current adopted budget. And if we were to look at all members of all boards, that's 382 positions -- there would be -- there are some that already have insurance, because they're part of City Administration or an entity of the City, such as the DDA (Downtown Development Authority) and already have insurance. And there are a few that were -- that are on more than one board. So we used an average of 300, not the full 382, and that would come out to 5,728, 000 if we were to -- so -- Chair Hardemon: So I know -- you know, I'm an advocate of just compensation. I think the -- our City departments know that, the Commissioners know that, even to some disagreeance [sic]. But I think we probably need more time to delve into these issues. I know this is a resolution so we pass this one time and the change is made. And so I'll call on my dear Commissioner to the left of me but the Chair wouldn't be bothered by a motion to defer this to another time to really delve into it. You're recognized. Commissioner Diaz de la Portilla: I have a question, and then I'm going to move to defer. And the question is, it appears that nobody really wants to own this baby, right? No one -- I see everybody passing the buck while you explained it. So where does this come from? My understanding is that it came from -- directly from a board to us. And is that a normal procedure that a board could say, "Let's take this directly to the Commission "? I haven't been here that long, so I need an explanation on how that happened. Barnaby Min (Deputy City Attorney): Mr. Chairman, Section 2-33(c)(1) of the City Code states that matters may be placed on the agenda by the Mayor, any member of the City Commission, the City Manager, the City Attorney, the City Clerk and a City board. Commissioner Diaz de la Portilla: Any City board? Mr. Min: Yes, sir. City of Miami Page 43 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Diaz de la Portilla: Well, I think we need to revisit that provision on a future date. I move to defer this item. Chair Hardemon: It's been properly moved to defer the item; seconded by Commissioner Carollo. Any discussion on the deferral? Vice Chair Russell: What date? Chair Hardemon: Hearing none, all in favor of the deferral say "aye. " Todd B. Hannon (City Clerk): Mr. Chair, deferral to what date? Commissioner Diaz de la Portilla: Forever. Mr. Hannon: Indefinite deferral. Commissioner Diaz de la Portilla: Indefinite. Chair Hardemon: Indefinite deferral. Mr. Hannon: Understood. Vice Chair Russell: For six months. Chair Hardemon: So all in favor of the indefinite deferral, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: A question to the Clerk. Mr. Clerk -- Andres Althabe: Mr. Chair,. Chair Hardemon: No, no, one second. Commissioner Carollo: Oh, I'm sorry. Chair Hardemon: Is there an issue, sir? Mr. Althabe: Yeah. I would like to speak on the healthcare of Planning and Zoning Board. I'm a member of the Planning and Zoning Board so probably I wouldn't be considered just public. Chair Hardemon: Right. I mean, we deferred the item, but I'll let you -- I'll allow you to address us. Mr. Althabe: It's justgoing to be one minute. Chair Hardemon: I'm sure. Mr. Althabe: The healthcare was provided to -- before when it was only one board. Then they split. and it was taken away. It really doesn't affect me much, because I'm on Medicare. But I understand other board members that -- they dedicate so many hours to service the City in a volunteer position that it's not really a compensation and I really don't believe that it would involve so much money, and it would make a difference for them. That's all I have to say. Probably they will want to speak more, City of Miami Page 44 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 somebody that is really affected and if it is implemented again would benefit them directly. They should be here today. Alright, thank you. Chair Hardemon: Thank you, sir. Commissioner Carollo, you were -- Commissioner Carollo: Thank you. Mr. Clerk, is the new City Manager sworn in? Mr. Hannon: Yes, sir. Commissioner Carollo: Okay. Who's in charge of lighting up the fire so we could get white smoke? Alright. Mr. Casamayor (Assistant City Manager): Sir, as usual, in absence of a City Manager for whatever reason, one of the Assistant City Managers will sit in to answer any questions and assist you all. Commissioner Carollo: Well, at least it's clarified this meeting. The last meeting, I was counting how many Managers we were going through. Chair Hardemon: I was the Manager. Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: But on a serious note, is the Manager or the new Manager going to be sitting in on this meeting today or is he sworn in already? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: So why isn't he here? Commissioner Carollo: Because you got to give him a break. Chair Hardemon: He's doing -- he might be doing interviews. Commissioner Diaz de la Portilla: I know but we're done with the interviews. The ceremony's over. Now we need to work. We don't want to set the wrong precedent with the new Manager, right? That's just a question. I mean, seriously, is he around? Is he going to be sitting in for the afternoon session? Do we know? Chair Hardemon: Hopefully we won't have an afternoon session if we get through this. Commissioner Diaz de la Portilla: Well, let's go through it. Chair Hardemon: It's 11: 30, yeah. Commissioner Diaz de la Portilla: Let's go. Let's go for it. END OF RESOLUTIONS City of Miami Page 45 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 FR - FIRST READING ORDINANCES FRA ORDINANCE First Reading 7222 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners CHAPTER 2, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, and Mayor FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," TO ESTABLISH SECTION 2-39, TITLED "RECALL," PROVIDING A PROCESS FOR THE RECALL OF ELECTED OFFICIALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes NAYS: Russell ABSENT: Hardemon Note for the Record. For additional minutes referencing Item FR.], please see "Public Comment Period for all Items. " Chair Hardemon: FR.1. Madam City Attorney, can you read it into the record? Victoria Mendez (City Attorney): FR. 1 ? Chair Hardemon: Yes. Ms. Mendez: This is the -- The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: This is what I had spoken about before when Ms. Solares gave her information to the board. I will tell you that State Statute does not speak to this -- to setting a year with which -- between one recall to another. The County ordinance is drafted exactly as this one. The County decided to draft that a couple years ago. We are not doing anything that's different from our County brethren. I will tell you that I know that Ms. Solares is not thrilled with this, but it is something that is perfectly legal. The State Statute has not addressed this. It has not spoken; it has not preempted us. The County has spoken on this issue for County officials. I believe that it is legal, that it could be passed by this Commission. It is a one-year prohibition from -- between recalls when one effectively fails so -- Commissioner Diaz de la Portilla: This is -- Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Yeah. Actually, to just expand a little bit on this, it's actually -- the County one is a lot more restrictive. It has requirements like the signature gatherers have to be registered electors. It has requirements that it be done in three languages. So the County law that seeks to regulate and not make this recall process a free for -all, sort of trying to oust duly elected officials on a City of Miami Page 46 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 continuing basis just to harass, this will end that. This is actually much -- the County does it for two years. We're doing it for one year, so it's -- the County's a lot more restrictive. We have the perfect ability --legal ability and legislative ability to enact this limitation, which is not a limitation on freedom of speech. In the totem pole of freedom of speech, the highest mark on the totem pole are elections; elections, people duly elected, Commissioners, their legislative leaders. Below that higher level are recalls, are demonstrations, are protests, are all kinds of things that people do after they lose elections or when they can't win at the ballot box. It's the most sacred place that we go to exercise our freedom of speech. So what this does is it takes that process and makes it orderly, not chaotic. It's not subjected to the kind of abuse that we've seen from the top down system where people -- and we've seen it many times. And not only are we seeing it now but we've seen it where people with -- from outside the City come in and pump a lot of dollars and do a top down process here to try to harass, and intimidate, and circumvent the electoral process for the people duly elected, the Commissioners. This is something that does not apply to any particular individual. It applies to all of us and the Mayor, who are duly elected in the City of Miami. So I move this item. Thank you. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Reyes: I second. Chair Hardemon: Seconded by Commissioner Reyes. Commissioner Carollo: Can I make a statement? Chair Hardemon: You sure can. Commissioner Carollo: First of all -- and I think need to make this very, very clear --this has nothing to do with the present recall that's ongoing. That recall can go on as they had to have done in the last two weeks, paying people $10 an hour to ask for signatures -- or $15, if you have a car and you drive others. And there are sworn statements that have been made by people that know to that effect already, so it's got nothing to do with that recall. What this has to do, as I'm reading it, is precisely what has been our County law for years; what is the law in other cities that wanted to expand it more, because -- you know -- some of us think that we're bound still by County law when we don't have our own law. So it's the same wordage that the County has right now. So I do not understand why there's a problem with this here and there's not a problem with the County law that's been therefor sometime. What basically this is saying is that you cannot have anarchy, anarchy; that if someone tries to recall any elected official and they fail, then you can't start the next day, try again; you fail, you start the next day; fail and start again, where you're not letting your elected officials do the job that they were elected to do, and you're trying to keep a government in constant anarchy. Right now there's only two members of this Commission that, by law, could be recalled. Why do I say that? Because three members just got elected in November. And the State law says you cannot recall in the first year. Now is that unconstitutional, too? Is that wrong? Of course not So three here cannot be recalled. Only two could be recalled, but one of our members will soon be moving the -- to another governmental opportunity, and that left one that could be recalled. So this can happen in the future to many others here, even long after we're not here that if someone has enough money, don't even have to live in our city. They could be doing this from drinking their mimosas at the Coral Gables Bilimore. They can spend hundreds of thousands of dollars to try to cause chaos and anarchy in our city. And again, in no way is this preventing residents that rightly so or wrongly so might want to attempt a recall. What it's saying is what County law says, and it's only agreeing and making it clear that we're following County law. I think we're bound by it already since we don't have our own, but this City of Miami Page 47 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 just makes it clear, I think, that if you try to recall and fail, you can't keep doing this time and again and again and again, where government cannot function and elected officials are kept from doing their job. That's as I understand it. Chair Hardemon: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. First of all -- and I want to make clear that this does not in my opinion -- and my approval of this -- or of this resolution has nothing to do with Commissioner Carollo's, and it will not affect Commissioner Carollo's recall initiative. See, I equate recalls as trials, and our Constitution protects us from double jeopardy. And heaven forbid if we didn't have that protection. And I think that this one-year protection, it is extremely fair for the elected officials, because if -- let's say that somebody that doesn't like any elected official or because he voted against, or for whatever reason that person wants to recall that elected official. Well, that's just like an election. If he is successful, they won. But if they fail, they lost. Then by the same token, if I am not -- I mean, they then have the right to do it again a month and do it again two months after and what would happen? The elected official is going to always going to have -- all of us, we're going to have that Damocles spade over our head that, "Oh, don't go against this individual, because he could keep on recalling you forever and ever, " you see. And that is my point. And I don't see it. I don't see why there is so much -- I mean, there is so -- opposition to this when the County has it, and it protects their -- you see, recalls protects the right of the individual, but this legislation protects the right of the elected official, too. You see, we have rights too. And there is nothing that -- no -- this doesn't change the way that the recall is conducted. It doesn't limit the amount of people that work in a recall; doesn't do anything like that. It only says you recall, you don't get the signatures, wait until next year. It is just like -- you're elect -- you go for an election and you're running against somebody, you lost, you wait until the next election and that's it. It's just as simple as that, you see. You go to trial and that is -- and if you are not convicted, you cannot be convicted of that -- I mean, tried for the same thing because that's double jeopardy. You have to get additional evidence to trial. I mean, it is -- I don't think -- in my opinion, if we would limit the right of the individual to take -- I mean, to undertake a recall of any elected official, I wouldn't support it, because the right is there. Vice Chair Russell: Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: Thank you, Commissioner Reyes, for your support. I will tell you -- I'll give you an example, Ms. Solares. First of all, Commissioner, there is no opposition except Ms. Solares. She is standing at the podium and nobody's really testified against this provision that we're presenting today. If, for example, Ms. Solares, you ran against Commissioner Russell back in 2015 and you lost, and you would be so upset by the fact that you lost that you would then now begin to attempt to recall Commissioner Russell. And then -- Grace Solares: You're speaking -- go slower. Commissioner Diaz de la Portilla: -- what you would do -- Ms. Solares: I would greatly appreciate it. You're going too fast -- Commissioner Diaz de la Portilla: Well, no, I'm speaking -- Ms. Solares: -- and I cannot seem to understand. Commissioner Diaz de la Portilla: I'm sorry, but that's the way I speak so maybe it's the coffee or maybe just my nature. But I'll tell you, you lost when you ran in 2015 to City of Miami Page 48 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Russell. You didn't like the results of that election, so you began to contest that election and try to recall Commissioner Russell. And you spent 30 days doing it and you don't get the requisite signatures. And you tried again the following month, and the following month, and the following month, and you spent 12 months doing this, failing and doing it, failing and trying. And that's not fair to Commissioner Russell, who is a duly elected member of this Commission and you don't let him do his job. So that's what this is for; just to protect the right of the -- not of us but of the people who voted in that election, of the electorate that chose their Commissioner. They made a choice. They didn't choose you. They didn't choose whoever ran against Commissioner Russell. They chose Commissioner Russell. The same thing applies to any one of us. People go to elections -- at the highest end of that totem pole, as I said, are elections. And anything that sacrifices or puts those results into risk is something that concerns me but we're not doing that. What we're doing is what Commissioner Carollo said. For future cases, in future cases, we're simply creating a process, an orderly process that mirrors -- it's actually less restrictive than the County's process -- that mirrors it to create an orderly process instead of a chaotic process, as I just described that could potentially happen when people from outside come in and try to change the will of the electorate by pumping money into races from different cities and come and try to inject their own biases and their own prejudices into our electoral system. So that's what this does. This protects the constituents and the voters of the City of Miami and the respective districts to ensure that their vote and that their voice count. Ms. Solares: All right. It seems -- Vice Chair Russell: Thank you, Commissioner Diaz de la Portilla. Ms. Solares: IfI may, Mr. Chair -- Vice Chair Russell: Ms. -- Ms. Solares: --for a second. Vice Chair Russell: -- Solares, we're -- we've already had public comment on this item but the Commissioner did address you -- Ms. Solares: But I just need to clarify -- Vice Chair Russell: -- directly so -- Ms. Solares: I need to clarify -- Vice Chair Russell: -- you'd like to respond. Ms. Solares: -- what I said. I don't personally give an iota -- I don't care what your motives are. I came here to tell you that the way you're going about it is what is violative of the Charter. You can do the same thing by amending Section 4(d) and putting whatever it is that you want in there, and let it go to the voters. That is the reason why I came here; not for all those things you've said. You misunderstood what I said. I don't care what you want to do it; I don't. It's the way you're going about it that I have the objection to. Vice Chair Russell: Thank you very much. Ms. Solares: Thank you, Mr. Chair. Vice Chair Russell: Thank you very much. City of Miami Page 49 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 David Winker: Chair, could I --? I wanted to say one thing. First of all, I appreciate Commissioner Diaz de la Portilla, your effort to understand the -- Vice Chair Russell: Your name please for the record. Mr. Winker: David Winker. The one thing that I would say as far as method goes, my concern -- and I think that the absurdity of this can be shown by the following fact. You guys under this scenario can immunize yourselves every year by simply having a political operative file three signatures on a petition and every -- yes, they can. Every year they will file that and you will be immune, and we will never be able to recall you. You guys can self fail yourselves (INAUDIBLE). That shows -- so the idea -- but think about it, City Attorney. All that anyone would have to do to immunize themselves from a recall under this provision is make a petition, walk into Todd, turn in their three signatures. "Oh, I fail. " You're immunized for one year. I think that shows the absurdity and the illegality of it. Vice Chair Russell: Thank you, Mr. Winker. Mr. Winker: Thanks for letting me share. Vice Chair Russell: Not at all. Commissioner Carollo: But -- Vice Chair Russell: Is there any further discussion on the item? Commissioner Carollo: -- one last. Vice Chair Russell: Of course, Commissioner. You're recognized. Commissioner Carollo: But would have to ask why haven't these two fine residents of Miami had that same fever for the County ordinance that we have that's the County law and other cities in greater Miami that have that law? Why haven't you gone and challenged that there or told them that there? Why is it that when this Commission is trying to do what I think is something responsible -- because $220, 000 a shot for special elections is not cheap. But beyond that, to have anarchy where constantly government is being harassed, is trying to be extorted is not the American way. So I just want to say that, you know, I do find it hypocritical that the County law is there, other cities have it, but the problem is always the City of Miami when it's convenient to some. Vice Chair Russell: Thank you. Mr. Winker, the Commissioner has asked -- you don't have a response to that. Mr. Winker: Well, I just -- I think, you know, I would say I agree with Grace. This has really honestly has nothing to do with your recall. Vice Chair Russell: No, no. Mr. Winker, simply the question is, was there a reason you didn 't protest or did you protest the County version of it? Mr. Winker: I had no involvement in it. I don't -- by the way, that law has never been challenged. Two, I wasn't aware of it, you know, until I started looking into this. And the last thing I would tell you is their Charter -- the problem that you guys are going to have is that our Charter -- in the letter I sent to you guys, our Charter provides the right to recall. If you're going to take that away, it requires a Charter amendment. That's the difference. The County doesn't have the same provision. So City of Miami Page 50 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 you guys are opening yourselves up to a constitutional challenge on this. And I think that any judge that sees the absurdity of allowing you guys to -- Vice Chair Russell: Thank you. Mr. Winker: --immunize yourselves -- Vice Chair Russell: Thank you. You made the point. Is there any further discussion? All right. I'll make my comments on this and I'm glad that you brought up -- both Commissioner Reyes and Commissioner Carollo -- how this is disconnected from the existing recall. So I'd like to make my statement on that. And Joe, sincerely, Commissioner Carollo, I know there's some familiar faces involved with that recall effort, but I'm going to tell you right now, I'm absolutely not involved with that and my position on this legislation has nothing to do with that. But it's important for me to tell you personally and on the record that I'm not supporting, nor am I leading or involved with that recall effort. I do believe in accountability. And I know that the intent of this legislation is to help with the flow and function of government and allow those who are elected to do their job. But if I had to err on the side of accountability for -- or representation of the residents versus protection of the elected, I would lean on the side of protection for the residents and their right, because there is no annual limitation for the amount of malfeasance, misfeasance, neglect of duty, drunkenness, incompetence or inability to perform that we could do. And I do recognize Commissioner Reyes' position about double jeopardy so I -- you know, I would be more inclined to be on the side of something that says you can't bring a recall on the same grounds within one year. But let's say a recall effort fails, but then another act of a different type happens. By -- it's possible through this legislation that residents would not have the ability to enact that recall based on the new act of malfeasance/misfeasance. When the City Attorney mentioned this morning about the State Statute, I asked her for a copy of it. And while I do believe in our home rule Charter, I was reading the statute this morning. And basically, it's pretty clear. It says any member of the governing body/municipality may be removed from office by the electors of the municipality. That's the title statement in Paragraph le. In Paragraph 8, it does speak to the timeliness of when a recall can be brought. And specifically, it talks about not bringing one in the first year of office, but it is considering when a recall can be brought, so clearly, they're there making space for us to get our feet onto the ground and get work done -- Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: -- and so, it wouldn't simply be an opposition effort. You would have to let somebody get started. But then it doesn't actually speak to it, and I believe that's where the City Attorney's opining that there's room for an alteration, because it doesn't prohibit it. But in simply stating that the residents have the right to recall us, anything we do to change that could limit that right. One of the final paragraphs, 11, of State Statute 100.361 says the intent of the legislature that the recall procedures provided in this act shall be uniform statewide. Therefore, all municipal charter and special law provisions which are contrary are repealed to the extent of this conflict. So I -- it seems to me that the State Statute's pretty clear that the intent is to have -- that the residents have the ability -- I see what you're trying to protect and make space for, but I wouldn't -- I can't support it at the expense of residents having the ability to have accountability over us if and when we do misfeasance/malfeasance at any time, even if we've done two in a row, three in a row or more than one in one given year. So I'm not supportive of the legislation for that reason. Thank you. Ms. Mendez: If I may just -- City of Miami Page 51 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Vice Chair Russell: Madam City Attorney. Ms. Mendez: -- based on a point. You are correct, Vice Chairman, that it says that our municipal or County codes could be repealed pursuant to the extent of a conflict, but that's the point. There is no conflict. The State chose not to legislate this field. If they wanted to make sure that this could be a continuous recall process, they would have said so, because they're very clear -- our legislators are very clear with their intent when they do things. But the other situation that arises here is that it could -- if they were to legislate in that fashion, it could be an unfunded mandate, because they say that certain things can be done continuously. It costs the cities and the counties money to deal with these issues of a recall, and then they would not fund based on this. So the fact that we are legislating to make sure that this isn't an unfunded mandate is something that is also allowed. Again, there is no conflict in State Statute. We are not taking away anyone's right to recall. We are just clarifying an area of State law that has not been dealt with, and the County and several municipalities have done the same thing. Vice Chair Russell: I understand. I simply just disagree. I believe it is in contradiction to Chapter 1, where it says, "May be removed from office by the electors in the municipality. " If someone is -- if a recall effort fails and then someone else brings an effort to recall an elected, and because of our resolution, they cannot, we are thwarting the efforts of Chapter 1 here which says, "May be removed from the office by the electors. " They will not have that ability. So it -- I understand there is gray area here; I believe it. And so, I see where there can be a legal interpretation for this resolution. I -- and it seems I'm in the minority so it shall pass. And the only way that it would be otherwise is if it's challenged when ripe and if the State takes this up, but I don't see that as being anything happening. Commissioner Diaz de la Portilla: And I believe it's been moved, also. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: So -- Vice Chair Russell: It certainly has. There's been a motion and a second. Is there any further discussion from the dais? Hearing none, all in favor of the item, say aye. Py The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Nay. 3 to 1. Thank you very much. Brenda Betancourt: Mr. Chair. Vice Chair Russell: The next item -- I'm sorry (INAUDIBLE). Ms. Betancourt: I'm sorry, but I just -- I know that you just voted and I'm happy that you voted in favor. And -- Vice Chair Russell: Okay. Public comments have already been closed for this item. Ms. Betancourt: That's what you guys say, but you still have everybody just stepping to the podium and you let them speak so why is -- so I don't? Vice Chair Russell: They -- the Commissioners -- Commissioner Diaz de la Portilla: She does have a point. City of Miami Page 52 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Vice Chair Russell: Understood, understood. Ms. Betancourt: I'm sorry, but you know -- Vice Chair Russell: It's not a free for -all. The Commissioners directly addressed and asked a question of both Mr. Winker and Ms. Solares, but why not? We're getting out early today. Ms. Betancourt, what would you like to say? Ms. Betancourt: Thank you. Brenda Betancourt, 1436 Southwest 6th Street. To me, my concern is exactly what we were saying. Why, if people outside our district -- because it affect your pocket? The Commissioner that is sitting in a specific place come and lie to our community. And I'm going to say this very clear. There's people knocking in people's door lying to the community that doesn't understand and doesn't read English to make those signatures. I never were in favor of the recall of Mayor Carlos Hernandez [sic], because I don't like recalls. I think the voters are the ones who are supposed to be doing when they go to the ballot. I don't like what they're doing to Commissioner Joe Carollo for a simple fact is if you vote for that person, why don't you wait for next year to see if they're going to vote for him again? And it's not about just that. It's about money. They are getting paid, people making money out of this. And like you guys say, what about us who went to vote in that district? So we don't matter; matter the money they are pouring into it; matter that the people who's knocking in door are happy, because they're making 10, 15, whatever they're making an hour. But what is going to happen? When it's something important that we need to do, nobody puts money on it unless they affect the pocket. To me, that's the worst part, because they're lying to the seniors. They're knocking on their doors, calling them crazy, because they don't want to sign. And remember, these people are getting bonus every signature that they get? So where are you guys are going to stop it? A year? I would put two years, not one. Vice Chair Russell: Thank you -- Ms. Betancourt: Thank you. Vice Chair Russell: -- for your comments. All right. Any further discussion? Oh, we already voted. We're already done with this item. END OF FIRST READING ORDINANCES City of Miami Page 53 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 BU - BUDGET BU.1 DISCUSSION ITEM 6739 MONTHLY REPORT Office of I SECTION 2-497 OF THE CITY CODE OF ORDINANCES Management and (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND Budget BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Vice Chair Russell: We're on to the next item, which is the budget item, BU.1. Good morning, Mr. Rose. Christopher Rose (Director): Good morning again, Commissioners. Chris Rose, Office of Management and Budget. We are still preparing the memo that we're going to be sending out to you, but it will show that we have a surplus projected at the end of the year. Of course, we are only one-third of the way into the year so it's a little early to get some real trends going. But we will be setting up for the midyear budget amendment; that'll be coming in the second meeting in April. So we have a number of items that will be sending out to you later today. Commissioner Reyes: Sir, I will like Vice Chair Russell: Thank you very much. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I will like the right of first refusal of those -- of that surplus. I need a lot of money for my streets. Mr. Rose: The will of the body, Commissioner, yes. Vice Chair Russell: Thank you very much. Commissioner Reyes: Okay, but do it fairly, because sometimes, you know, there's certain Commissioners that gets a lot of money for the parks. Vice Chair Russell: Thank you. Are we done with BUJ? Any other comments? Thank you very much. END OF BUDGET City of Miami Page 54 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 DI - DISCUSSION ITEMS DIA DISCUSSION ITEM 6926 A DISCUSSION REGARDING INDEPENDENT TRAFFIC AND City Manager's ENVIRONMENTAL STUDIES IMPLEMENTATION PLAN. Office ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: DISCUSSED Vice Chair Russell: Mr. Clerk, am I correct that we have DI1 and DI. 2 left? Is that the only remaining? Todd B. Hannon (City Clerk): Yes, sir. Vice Chair Russell: All right. DI.1, discussion on independent traffic and environmental studies implementation plan. Who is presenting this item? Thank you. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Assistant City Manager. This item was discussed at the last Commission meeting. And there was a directive from Commissioner Reyes for the Administration to work with (INAUDIBLE) office in order to effectuate an implementation plan. Commissioner Reyes: Yes. Listen, as I stated when we met, I will like -- I haven't read it, and I will like to sit down with you and reach an agreement where -- how can we implement it. I know that you have taken your time and have done a professional analysis of it, which I don't doubt. But we want to implement it and make it feasible, okay? Mr. Ihekwaba: Fair enough. Commissioner Reyes: Just set the date, whatever date you are free or you have the time to meet with me. I will be more than glad, sit down; you, I, and my staff, and Your staff. Mr. Ihekwaba: Yeah. Actually, I reached out to your Chief of Staff earlier today. Commissioner Reyes: Okay. Mr. Ihekwaba: He and I are going to schedule a mutually convenient time. Commissioner Reyes: Okay. And thank you very much for all the input. Mr. Ihekwaba: Thank you, sir. Commissioner Reyes: Thank you. City of Miami Page 55 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 D1.2 DISCUSSION ITEM 7000 A DISCUSSION REGARDING THE CITY MANAGER. Commissioners and Mayor MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Alright. We have DI2 and DI 5 left on the agenda. Commissioner Carollo: DI2. Chair Hardemon: Discussion, City Manager. Not this City Manager, I assume. Commissioner Carollo: Well, I don't know. Maybe he had it just in case that he needed it but --for the City Manager. Chair Hardemon: Okay. That was sponsored by Commissioner Diaz de la Portilla so we'll move on. Later... Chair Hardemon: DI2, Commissioner Diaz de la Portilla, is that Commissioner Reyes: Mr. Chair. Chair Hardemon: -- something that you want to do? You'll defer it? Is there a motion to defer DI2? Seconded by the Chair. At the next meeting? Is there any discussion on the deferral? Commissioner Diaz de la Portilla: We're going to withdraw that. I think we solved the -- Chair Hardemon: Okay. Commissioner Diaz de la Portilla: -- City Manager issue. Art, did we or --? Yeah, I think we did, so we're going to withdraw the -- Chair Hardemon: Alright. Commissioner Diaz de la Portilla: -- item to -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: We may bring it back later on, we'll see. But right now I think we're going to withdraw it. Commissioner Reyes: For now, for now. Chair Hardemon: So (INAUDIBLE) withdrawn. Commissioner Carollo: Can I present a quickpocket item? City of Miami Page 56 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 D1.3 7091 Commissioners and Mayor DIA 7084 Commissioners and Mayor D1.5 6928 Commissioners and Mayor DISCUSSION ITEM A DISCUSSION REGARDING THE CONSOLIDATION OF THE COMMUNITY REDEVELOPMENT AGENCIES. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item DI.3, please see "Order of the Day. " DISCUSSION ITEM A DISCUSSION REGARDING THE DOWNTOWN DEVELOPMENT AUTHORITY. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record. For minutes referencing Item DI.4, please see "Order of the Day. " DISCUSSION ITEM A DISCUSSION REGARDING THE CODE COMPLIANCE TASK FORCE. RESULT: DISCUSSED Chair Hardemon: DI5. Commissioner Reyes: DI5. Vice Chair Russell: Code compliance. Commissioner Carollo: Commissioner, go ahead. Commissioner Reyes: Okay. Now, I -- could you please -- Adele Valencia: Adele Valencia, Director of Code Compliance. City of Miami Page 57 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Reyes: Yes, yes. I would like to obtain a -- what have been your findings and what solutions do you have? You see, one of the main concerns that we had and was this Code Compliance Task Force was created is because, you see, violations keep on repeating and repeating and repeating. I know for a fact, because I have in my neighborhood rooming houses that have been cited over and over and over again. I have one that have been in that process for the last 16 years. 16 years they have been dealing with that. And I have other neighbors that they are always complaining and some of them are 10, eight, nine, five years back, and citation after citation. And the problem is -- why I complain and we developed this is because they come, and they will get a reduction on their fines, and they start the account -- the account starts going on,, and they get to 200, 300, 000. They come back and then they are mitigated and that keeps going on and on. And this goes for you, Madam City Attorney. I mean, I want to know why we (INAUDIBLE) faster and we allow this. The residents, our residents are being annoyed. They are being -- I mean, their quality of life, it is totally affected by some of these people that they are violating. I have people that they have even -- they have (INAUDIBLE) that they are bed bound. And the amount of noise, the parties, and there are 10, 15 people that they are living in the rooming house. And what they create, create havoc on traffic, on parking. They park in people's driveway and nothing happens. Nothing happens, you see. I mean, complain and complain and complain. As a matter of fact, they come -- they raid the places, because they are drug nests, and nothing happens. Victoria Mendez (City Attorney): So there are two that have been referred to our office that we (INAUDIBLE) now and we are -- based on your concerns, we are, again, taking an aggressive approach on filing lawsuits. Commissioner Reyes: (INAUDIBLE) and I would like to say that Code Enforcement, they are -- they make sure that those offenders continuously violate the Code, that they get either cited -- I mean, they get fined or we do something about it, because the way it is, it's almost inefficient. Commissioner Carollo: Totally inefficient. But Chair, if I could ask the City Attorney a question, if the Commissioner is done. Chair Hardemon: Yeah, please finish, yes. Commissioner Carollo: Madam City Attorney, didn't we pass an ordinance or a resolution that repeated offenders, certainly in commercial property, had to be brought up to the fi^ont of the line within a certain amount of time? I don't know if you or the Clerk can bring that up, if I'm correct. Ms. Mendez: Yes. We're pulling it up right now. Commissioner Carollo: Okay. Ms. Mendez: We did pass it. It had to do with commercial properties and properties that were -- to expedite (INAUDIBLE). Commissioner Carollo: Can that be read to us? Because I want the Code Director to hear this. Ms. Mendez: Pulling it right now. Commissioner Carollo: Yeah. This is part of the whole problem that we're having, because some of the people, in the commercial side in particular -- residential is just about 99 percent, are just individuals that didn't know what they were doing in City of Miami Page 58 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 their own home, or they bought a house, like most, that had something that was built illegally without permitting. But in the commercial side is where we're having a lot of the problems. And you have a small group of people throughout the City that they know how to play this game, and they don't care. And they're gaming us and gaming us and gaming us. And that's why I thought we had passed a resolution to that subject, and I'd like for it to be read, because I don't think it's being enforced at all. Do you remember what it was, Code Director? Ms. Valencia: Yes, sir. Commissioner Carollo: Can you tell us? Ms. Valencia: It was the March 14 directive of the City Commission to treat commercial properties and other nonresidential properties differently, and we are honoring that to the best of our ability within the current -- Commissioner Carollo: Yeah, but -- Ms. Valencia: Go ahead. Commissioner Carollo: What did it say on differently? How did it say that we should treat it? Ms. Valencia: That it should be referred directly to the Code Enforcement Board; that repeat offenders must be referred immediately, without reasonable time to cure. Commissioner Carollo: Immediately, but what was the time? Ms. Valencia: So it depends on -- you distinguished in the resolution that you authored -- Commissioner Carollo: Well, but let's get someone to read it, because she's in the right track, but I'm not hearing that you remember the amount of time that you had to do it. Ms. Valencia: I can pull it up. Unidentified Speaker: Within 30 days. Commissioner Reyes: Do we have any members of the board, the Code -- Ms. Valencia: The chairwoman of the Code Enforcement Task Force is Ms. Grace Solares. Commissioner Reyes: Grace Solares. Ms. Valencia: She had already left the building. I called her -- Commissioner Reyes: She left the building. Ms. Valencia: -- to say this item was coming up. Commissioner Reyes: Okay, because I wanted to hear that -- Do you have any suggestions or any --from them? Have you gotten any recommendations? City of Miami Page 59 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Ms. Valencia: So I just want to make a point of clarification. This Commission appointed a Code Enforcement Task Force. Commissioner Reyes: Yes. Ms. Valencia: Five members have been sitting diligently and meeting fi^equently. Since July, I think we've had five meetings; today would have been the sixth. It was moved, because this meeting was held today. That's an independent body that I have attended and I have made presentations as they've asked me to. They have produced recommendations that I understood that the City Attorney would be presenting. They sent them via email. Commissioner Reyes: Okay. Ms. Valencia: So my role on that Commission is -- or on the taskforce is to provide responses to their requests. As quickly as they make recommendations, I try to react to them. One of the areas of focus have been signs violations. So as we've gone the over last five months, which coincided with my tenure here, we tried to implement those as quickly as possible. Commissioner Reyes: So your job is to enforce those recommendations. Ms. Valencia: There hasn't been a final set of recommendations. Once they make a final set of recommendations in writing -- Commissioner Reyes: Okay. Ms. Valencia: -- then that taskforce (INAUDIBLE) -- Commissioner Reyes: I mean, after it's vetted by the City Attorney that they're legal. Ms. Valencia: One of the great things about the Code Enforcement Task Force is that many members of the public have come to speak about their experiences. Commissioner Reyes: Yes. Ms. Valencia: And so, any constructive suggestion for how we can improve what we do, of course we take immediately and try to act upon. Some of the frustrations to which you're pointing are structural in nature and have to do with the legal parameters that we are governed by. So one of the those is property rights are sacred and there's a lot of due process, right, that's required if we were to ultimately lien someone's property. So that's one of the frustrations. The second to which you've spoken is the delay in adjudication, as we've discussed ad nauseum. We're not the, you know, judge, jury and executioner. We have to go before the independent quasi-judicial body. And if that backup is significant, then that's a delay that frustrates residents, just as it does us. The other thing is the definition in the law of repeat offender, which requires that you have been adjudicated guilty in the past for the same provision. So someone can have outside storage and a fagade violation, and maybe you know, a recreational watercraft parked in an inappropriate way, and all three of those things can be adjudicated guilty. But to the extent they don't have a repeat of those three particular violations, they're not considered a repeat offender, something that may require legislation. Commissioner Carollo: I'm sorry. That was not part -- Unidentified Speaker: No. City of Miami Page 60 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Carollo: -- of what we passed. That's your interpretation, the interpretation that I don't know who else placed into it. Obviously, it's going to hard most of the times to have someone to repeat the very same ordinance. You've got some that do, absolutely, but we didn't pass it in that way, because we would not have included then a lot of other people. And Mr. Manager, Mr. New Manager, welcome to the new City of Miami. Here you see why it is so frustrating. We passed a law, this body. It doesn't seem that even the Code Enforcement Director fully comprehends it. And the timetable certainly I don't think is there. We can't even find it now, and we're looking for it. Ms. Valencia: Commissioner, if I may respond to your question, this item was noticed as the Code Enforcement Task Force update. So, first of all, I believed that someone fi^om the Code Enforcement Task Force (INAUDIBLE) would be speaking to this item. Secondly, you've asked me about a provision that this body passed, with which I am very familiar. I just didn't have it memorized. The CityAttorney's pulling it up. The third thing is -- ifI may -- Chapter 162.04 of the Florida Statutes, Section 5, defines "repeat violation" as, "A violation of a provision of a Code Enforcement ordinance by a person who has been previously found through a Code Enforcement Board or other quasi-judicial or juridical process to have violated or who has admitted violating the same provision within five years prior to the violation. " That's set by State Statute, sir. Commissioner Carollo: I'm sorry -- Ms. Mendez: Notwithstanding if it occurred at different violations -- different locations. Ms. Valencia: Correct. Ms. Mendez: So if you have someone -- Ms. Valencia: Absolutely. Ms. Mendez: -- who violates the same violation in different locations, they're considered repeat violators. Ms. Valencia: A repeat violator, absolutely. Commissioner Carollo: But we made our law, clearly, clearly. Beyond that, you also don't even remember the timefi^ame that we put in the ordinance. You know, look, you're the Code Enforcement Director. If you don't know, how can I expect individuals out there to enforce it? Ms. Valencia: I understand. Commissioner Carollo: And I'm seeing people that apparently, you have cited for months and months back that are repeated violators, and in fact, of the same provision, and, you know, we're waiting months and months for them to get a date. But then someone that was being protected, they get cited and everybody wants to close that out real quick. They get into a hearing in less than 30 days. And of course, that's the one that you forgot to include for me in my weekly report. Ms. Valencia: Sir, I didn't forget to include anything. It's a system -generated report. We're dealing with a system fi^om 2005. That particular case, as I explained to your Chief of Staff, had gone to a ticket appeals hearing -- if it's the one I'm recollecting, off of 30th Road. And they had settled the ticket for $300. It City of Miami Page 61 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 was initially $500. And so, when a case has been closed but not paid, it doesn't show up in your weekly report and that's a system flaw. Commissioner Carollo: I'm sorry. That might sound good and that's attorney talk, but frankly, when that was cited -- and from the emails that I saw, your people were trying to find every excuse not to cite that particular address, which I don't want to state it on the record for reasons that you should know; if not, I'll tell you why. But when that particular place was cited, it was within the week, because they didn't get to the Code Enforcement Board for about three and a half, four weeks later. So that should have been in my next report that you gave me, because you give me a weekly report how people are cited. Ms. Valencia: If we're talking about the same property -- Commissioner Carollo: And that -- there was -- Ms. Valencia: -- it's a ticket and a ticket doesn't go to the Code Enforcement Board. It goes to the ticket appeals hearing. Commissioner Carollo: Whatever it was you said, you always send me -- whether it's ticket, whether it's whatever. Ms. Valencia: All of them, yes. Commissioner Carollo: We're playing now games with what it's called. Whatever it's called that you call it, you provide all those for me on a weekly basis. Ms. Valencia: I do for every Commissioner. Commissioner Carollo: And I should have had that, and that one was never included. But let's see if we're back to someone knowing what the exact wording of what was passed. But as they look for it, Chairman, can I --? I think the Mayor's got a couple of pocket items he'd like to bring, and I have a quick one, Mayor, if you don't mind. Mayor Francis Suarez: Sure. Commissioner Carollo: We could take those three up and then go back -- Mayor Suarez: That'll be fine. Commissioner Carollo: -- while we're waiting. Chair Hardemon: The -- Mayor Suarez: Mr. Chair. Thank you, Mr. Chair. Chair Hardemon: Madam City Attorney, I think you have the information that you wanted to read. Canyon read it please for us? Ms. Mendez: The resolution that Commissioner Carollo is referring to is Resolution -- File number 5517, which is the one that reads, "A resolution of the Miami City Commission directing the City Manager to establish a policy regarding commercial and other nonresidential properties that allows property owners a reasonable time to comply with any Code violations, pursuant to Chapter 162, Florida Statutes; not to exceed 30 days; further directing the City Manager to establish a policy for commercial and other nonresidential properties, repeat City of Miami Page 62 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 violators and any subsidiary thereof that requires properties that have not been brought into compliance within the original time allotted to appear at the next available board hearing; requires properties with three violations within a five- year period to be referred directly to the board, and disallowing additional extensions of time without prior board approval. " So that's the -- Commissioner Carollo: Okay, so -- Ms. Mendez: -- more specific one that you were talking about. Commissioner Carollo: Okay. So Chairman, you see that, that that's just talking about overall violations, three within five years should go immediately to a board. What she's giving me is doubletalk of a Florida statute that cannot possibly be used in what we passed, because we were talking not a specific violation that's repeated, but a variety of violations that would be included if they're a habitual offender in Code violations, no matter what it is and that's what it says. Then that has to go immediately before a board and I'm seeing stuff in my district, in particular -- I'm sure the same thing is happening in others -- that that's not the case. The law that we passed is not being followed, and this is what is bothersome to me. What do we sit up here for if we pass laws that are good laws -- because I think we all voted for that. We know that it was good law -- and then no one wants to implement it for whatever reason. And that's the problem that I'm having. And I brought that up as an overall part of this issue, because this body that we've created was supposed to look at all these things, and we passed this additional law as an additional arm of enforcement that we could do to level the playing field for everyone, because small property owners that do make mistakes, that do commit infractions, they're not savvy but you get people that this is all they do, they know how to game this up and down and it's happening in every one of our districts. So I hope the Manager is taking ear to this so that if need be, we could have meetings, you know, once you get your feet wet. I don't expect, you know, you to be doing this right tomorrow, because it's a lot of things you have to get up to date on, but this is an important one that affects the quality of life in our city, quality of life of our residents. And if you, Madam City Attorney, could give a copy to the Code Director so that she knows -- Ms. Valencia: I'm looking at it right now, sir. Commissioner Carollo: Excuse me? Ms. Valencia: I'm looking at the language now. Commissioner Carollo: Thank you. Now you know what we passed and you know now -- Ms. Valencia: I've been aware of it, and I've sent it and trained my team on it. Thank you. Commissioner Carollo: Well, but what you said to me a little early before, it don't seem that you were aware. You were telling me that the law stated something else, and as you see, what we passed was very simple, and made it much clearer for you to be able to move forward on certain things. Ms. Valencia: Thank you, sir. Commissioner Carollo: Thank you. Later... City of Miami Page 63 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 D1.6 7080 Commissioners and Mayor D1.7 7220 Commissioners and Mayor Chair Hardemon: Commissioner Reyes, you had something you wanted to say? Commissioner Reyes: No, no. I was just going to add that this is for the City Manager, the City Attorney and for the Code Director; that there are a lot of properties in the City of Miami -- particularly in my area -- that they are owned by foreign companies, LLCs (Limited Liability Companies), and those are the ones that they are constant in violation and they change ownership, the fines are substantially reduced and then they start all over again. That's the gaming that Commissioner Carollo said. And there are some businesses that they do the same thing. Commissioner Carollo: And Commissioner, you know how the gaming was being played? Because they were going to magistrates and, gee, certain people that have constant problems always were getting the same magistrates to take care of it for them. Commissioner Reyes: Yeah. DISCUSSION ITEM A DISCUSSION ON THE OUTSIDE EMPLOYMENT OF THE MAYOR. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record. Item DL 6 was deferred to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DL 6, please see Item RE.6. DISCUSSION ITEM A DISCUSSION REGARDING THE HUNDREDS OF THOUSANDS OF DOLLARS BEING SPENT ON THE PERSONAL SECURITY OF FRANCIS SUAREZ. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record. Item DI. 7 was deferred to the March 12, 2020, City Commission Meeting. City of Miami Page 64 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 D1.8 7225 Commissioners and Mayor Note for the Record. For minutes referencing Item DL 7, please see Item RE.6. DISCUSSION ITEM A DISCUSSION REGARDING THE HUNDREDS OF THOUSANDS OF DOLLARS BEING SPENT ON THE LEGAL COSTS FOR REPRESENTING COMMISSIONER JOE CAROLLO. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo ABSENT: Reyes Note for the Record. Item DL 8 was deferred to the March 12, 2020, City Commission Meeting. Note for the Record. For minutes referencing Item DL 8, please see Item RE.6. END OF DISCUSSION ITEMS City of Miami Page 65 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 7250 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING City Commission PRESIDENT DONALD J. TRUMP AND THE LEADERS OF THE 116TH CONGRESS OF THE UNITED STATES INCLUDING THE MAJORITY AND MINORITY LEADER OF THE UNITED STATES SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES TO ENCOURAGE ALL FEDERAL AGENCIES TO DO EVERYTHING IN THEIR POWER TO BRING TO JUSTICE ALL OF THOSE RESPONSIBLE FOR THE SHOOTING DOWN OF THE BROTHERS TO THE RESCUE AIRCRAFT ON FEBRUARY 24, 1996; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-20-0063 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Commissioner Carollo: But Mr. Chairman, if I could present a quick pocket item -- and the Mayor's got two that I'll be happy to make the motion for him on once he brings them. Chair Hardemon: What item do you have? Commissioner Carollo: Okay. The pocket item that I'd like to bring up is one that is very close to everyone in this community. Today is the anniversary of the murder, the execution, the shot -down of two Brothers to the Rescue, unarmed civilian planes where the Cuban dictatorship murdered four young men that lived in our community. It's 24 years since that incident. Since then, 24 years ago, our government, our US government indicted three of the individuals responsible for this. The three that were indicted were the two pilots that piloted the Mig planes that shot the unarmed Brothers to the Rescue planes. Those are Lorenzo Alberto Perez Perez and his brother, Francisco Perez Perez, along with the present Cuban brigadier general, then the head of the Cuban Air Force, General Ruben Martinez Puente, who gave the final order to shoot those planes down; an order that many, many feel could have only come from Raul Castro himself, and that General Ruben Martinez Puente only exercised the final order to shoot and murder those young men. The resolution that I'd like to present here today in this motion is a motion and resolution asking the White House, both the minority leader, and the head of our Congress, and the minority leader, and majority leader of our Senate, to encourage all of our different agencies to do everything, everything within the powers of the United States government to find these people if they dare to travel anywhere outside of Cuba, and to bring them to justice in America. Commissioner Reyes: I second that. And Mr. Chair? City of Miami Page 66 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Chair Hardemon: You're recognized. Commissioner Reyes: I will -- as a matter of fact, I will cosponsor that, because that is one of the heinous crimes that was committed by the Castro regime. It was in international water. And what -- another thing that is very shameful, that those people that were the ones that prepare and were here spying for Castro in order to coordinate that shot down of the planes, the shot down of the planes. They were -- the sentences were commuted and they were found guilty of espionage. The sentences were commuted and they were given back to the government -- if we can call that a government -- the government of Cuba, the dictatorship. And I will cosponsor that. Commissioner Diaz de la Portilla: I'll cosponsor it, also Chair Hardemon: Commissioner Diaz de la Portilla wants to cosponsor it, as well. The motion has properly been made and seconded. Is there a member of the public that would like to speak on this item? Chair Hardemon: Mayor, I would assume you would want to be a cosponsor to this, and we certainly welcome you. Chair Hardemon: I'll open the floor for public comment for anyone who wants to speak on the item that's being presented before this Commission. Seeing none, I'll close the public hearing. All in favor of the item, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes NA.2 RESOLUTION 7251 A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING City Commission E. ALBERT PALLOT PARK LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA, TO JOSS MILTON PARK AT THE E. ALBERT PALLOT GREEN SPACE"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID PARK. ENACTMENT NUMBER: R-20-0064 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Commissioner Carollo: The Mayor's got two pocket items that I'll gladly make the motion on both of them. Commissioner Reyes: If I may, I would like to cosponsor the one on renaming of the park. I will -- Mayor Francis Suarez: Thank you, Commissioner. City of Miami Page 67 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Reyes: -- cosponsor that one. Commissioner Carollo: I also meant to be a sponsor but -- Mr. Clerk, so -- Commissioner Diaz de la Portilla: And me, too. Commissioner Carollo: And you got the -- Chair Hardemon: I was hoping that the District 2 Commissioner could be here, because I know that these assets are in his district -- right? -- as well. Mayor Suarez: I don't think he has -- I don't think he would have an issue with it. Chair Hardemon: All right. So it's been properly moved by Commissioner Carollo. You're doing both items? Commissioner Carollo: Yeah, both items. Commissioner Reyes: Second. Chair Hardemon: Okay. It's been properly moved and seconded. Mayor Suarez: Do you want me to --? Madam City -- I mean -- Victoria Mendez (City Attorney): I'm sorry. I didn't hear -- I know the Pallot Park name change but -- Mayor Suarez: Yeah, I'll just briefly -- Ms. Mendez: -- the other one. Mayor Suarez: -- mention what they are. One of them is renaming a park to reflect Jose Milton Park at Alberto Pallot green space, and further directing the City Manager to take all administrative action necessary to effectuate that renaming. And the second one has to do with renaming 7th Street, from 2nd Avenue to Biscayne Boulevard, Dwyane Wade Boulevard. Commissioner Carollo: So moved. Commissioner Reyes: Second. Chair Hardemon: Do we know how much money was spent to --for Mr. Milton to renovate what is now considered to be Albert Pallot Park? Mayor Suarez: It's significant. I know we -- it was part of a public benefit. I'm sorry? Unidentified Speaker: Three million. Mayor Suarez: How much? Three million dollars. Commissioner Reyes: That was spent by --in the park. Mayor Suarez: No; spent by the family. Commissioner Reyes: Spent by the family in the park. City of Miami Page 68 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Mayor Suarez: Correct. Commissioner Reyes: That's right. Chair Hardemon: Okay. Is there anyone fi^om the public that would like to comment on the items that are before us, for the two resolutions? One resolution of the Miami City Commission by a four -fifths affirmative vote co -designating Northeast 7th Street, fi^om Biscayne Boulevard to Northeast 2nd Avenue as Dwyane Wade Boulevard, pursuant to Section 54-137 of the Code of the City of Miami. And the other one is a resolution of the Miami City Commission renaming E. Albert Pallot Park, located at 3805 Northeast 6th Avenue to Jose Milton Park at the E. Albert Pallot Greenspace. I'll open the floor up again for public comment. Mayor Suarez: Yeah. And just to be clear, it's a co -designation, not a renaming on the first one, just to be clear. Chair Hardemon: Okay. The resolution states "renaming, "so -- Commissioner Carollo: Okay. Could we call the question so we could end the meeting? Chair Hardemon: Is there any discussion? You know, I will say, you know, we put both of these together. I thought we were going to vote on them separately. But, you know, when it comes to renaming streets after people, you know, I think Dwyane Wade is probably -- what 35, 36 years old? Obviously, he's done a lot of good things for this community regarding the Miami Heat. And -- but typically there are times I think that we find ourselves in positions where people are named, and they haven't finished their life's work, if you will. And then later on, we want to come back and we want to strip that space or that name, because you're not proud of the things he stands for. I think that there is going to be a number of things that -- not just Dwyane Wade, because you can see in his comments with a lot of things that are going on in life today that there are going to be a constituency that's going to be particularly moved to try to keep people from being named who made certain stances or made -- on certain things, or haven't done enough within our communities. And so, that was part of the reason why, you know, I had some uneasiness about the naming, even of this small street as -- after Dwyane Wade. But you know, that's neither here nor there. I want to recognize you for public comment, sir. Terrance Cribbs-Laurent: Chair, thank you, Chair. Terrence Cribbs-Laurent, with the City of Miami Black Police Precinct Courthouse Museum. To that same point, when looking at the streets, we have quite a few streets that were sub -named or renamed 11 th Street, but do not reflect that. We had an officer that was murdered in the line of duty and 11 th Street was atone point named Boyd Street. That no longer exists on there. So I'm not sure why it doesn't exist on there anymore, but if we are moving forward with these renamings, I would like for us to also look at those names that were once on these streets that are no longer, you know, reflected on those streets, as well. Thank you. Chair Hardemon: The last part of the discussion is I noticed that the renaming for the Dwyane Wade Street requires a four -fifths of those of us on the board, right. It takes all of us to vote in favor for it to pass. I've had my own personal statements regarding naming streets after an individual. I particularly don't think that I'm the best person to be able to do that, because I think there's always a large amount of people who want to name things after people. Obviously, in the City of Miami, the people love Dwyane Wade. He just had his jersey retired, etcetera. You know, I'm not one of those people who are in love or enamored with someone like Dwyane Wade or anyone of his caliber. But in the spirit of this, you know, I don't mind City of Miami Page 69 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 moving forward with it, because if this is something that, you know, you all believe -- and I think I'm a little different as a Miamian but if you all believe that this is something that the City of Miami residents want, then, you know, I'm okay with it. You're recognized. Commissioner Diaz de la Portilla: And I actually share your concern. I remember an example many, many years ago when we renamed a street Jose Canseco Way, if you remember -- Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: -- 133rd Avenue and then we had to take that naming back. So I have the same concern. As long as people are imperfect and they're still alive, things can happen along the way, and we have to be careful how we name these streets while people are still engaged in life, right? So I'm not thrilled with it. There are only four members of the five Commissioners her, so I'm going to go ahead and go along with it, but it's not my preference. We'll do it today, so try not to make it happen -- Mayor Suarez: I will note your concerns. And I think in this case it's very special, because he's probably the most prominent athlete in -- Chair Hardemon: Miami history. Mayor Suarez: -- the history of South Florida, because he has three championships, and you know, he's played here almost the entirety of his career, and did so scandal free, without any issues and without any embarrassments. Commissioner Diaz de la Portilla: And let's hope he remains that way for the rest of the time. Mayor Suarez: We'll be praying for that. We'll be praying for that. Chair Hardemon: If they move the arena one more time, will the street naming -- Commissioner Diaz de la Portilla: We'll take it back. Chair Hardemon: -- remain in place? Mayor Suarez: We'll cross that bridge when we get there. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: I do have that concern, but being this is a special case, I think we're making an exception with all the accolades that he's been receiving for being the most -- I will say the most beloved athlete in Dade County. And I will make an exception, but I do believe that when we name streets, we make sure that those people cannot change their ways and later on become criminals and then we have to take it away, because before Canseco, there were others streets. Commissioner Diaz de la Portilla: Imagine how we named one for LeBron, right? Cleveland would have taken it back, right? City of Miami Page 70 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 Commissioner Carollo: I was going to join all of you in that concern, but then if I will tell you what street we have that's named after a convicted drug tracker here in the City of Miami -- Commissioner Reyes: That's right. Commissioner Carollo: -- now still, or a convicted felon for bribing elected officials or others, then I'd be afraid they'd be putting up money to recall me, so I would rather not say anything. Commissioner Diaz de la Portilla: We even have senior centers.. Chair Hardemon: I would dare to say that drug tracking is how Miami was built, though, so I don't know if that's necessarily a big crime. Seeing no further discussion, all in favor of the motion, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Carollo: Now I make a motion that we do not name anything in the City of Miami for at least 99 years, Mr. Hardemon. Chair Hardemon: I'll be long dead before then. Commissioner Carollo: So your conscious will be at ease. Chair Hardemon: The -- this meeting is adjourned. Commissioner Diaz de la Portilla: Wow, that was fast. Commissioner Reyes: Very fast, adjourned. Bye. NA.3 RESOLUTION 7252 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - City Commission FIFTHS (4/5THS) AFFIRMATIVE VOTE, CO -DESIGNATING NORTHEAST 7TH STREET FROM BISCAYNE BOULEVARD TO NORTHEAST 2ND AVENUE, MIAMI, FLORIDA AS "DWYANE WADE BOULEVARD," PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-20-0065 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes ABSENT: Russell Note for the Record. For minutes referencing Item NA.2, please see Item NA.2. City of Miami Page 71 Printed on 0812512020 City Commission Meeting Minutes February 24, 2020 ADJOURNMENT The meeting adjourned at 12: 33 p. m. City of Miami Page 72 Printed on 0812512020