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HomeMy WebLinkAboutCC 2014-05-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com CPI 47,INCUR: CHAU: Meeting Minutes Thursday, May 8, 2014 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chair Keon Hardemon, Vice Chair Marc David Sarnoff, Commissioner District Two Frank Carollo, Commissioner District Three Francis Suarez, Commissioner District Four Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 8, 2014 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM -APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES TIME CERTAIN RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City ofMiami Page 2 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Gort, Commissioner Sarnoff, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the 8th day ofMay 2014, the City Commission of the City ofMiami, 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 Gort at 9: 07 a.m., recessed at 1: 19 p.m., reconvened at 3: 37 p.m, recessed at 7: 03 p.m., reconvened at 7: 06 p. m, and adjourned at7:13p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9: 08 a.m., Commissioner Carollo entered the Commission chambers at 9: 20 a.m and Commissioner Hardemon entered the Commission chambers at 9: 24 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager ToddB. Hannon, City Clerk Chair Gort: Good morning. Welcome to the May 8, 2014 meeting of the City ofMiami at the City Commission in these historic chambers. The members of the City Commission is: Marc Sarnoff, Francis Suarez; Carollo, Frank Carollo; Vice Chairman Keon Hardemon; and myself, Chairman, Willy Gort. At this time, we'll stand for the invocation and the pledge of allegiance; invocation by myself pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 14-00437 PRESENTATION Honoree Travel & Tourism Day - GMC&VB Rilion Gracie Jiu-Jitsu Academy Riaan Manser & Vasti Gelenhuys Presenter Protocol Item Mayor Proclamation Regalado Commissioner Salute Suarez Mayor and Distinguished Commissioners Visitors 14-00437 Protocol Item.pdf PRESENTED 1) Mayor Regalado and the Commissioners presented a Proclamation recognizing the week of May 3-11, 2014 as National Travel and Tourism Week; furthermore joined with the Greater Miami Convention & Visitors Bureau in honoring the 2014 theme, Travel Effect, and in paying tribute to the 14.2 million annual visitors who makes tourism Miami's #1 industry and finding it fitting to honor the 30th annual celebration of National Tourism Week. City ofMiami Page 3 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 2) Commissioner Suarez presented a Salute to honor Rilion Gracie Jiu-Jitsu Academy, an exciting Martial Arts training facility based on the principles of balance and leverage; furthermore applauding this successful business venture that focuses on self-defense as a gentle art,"embracing respect, hierarchy, discipline, self-control, self-confidence and patience. It is an outstanding economic and health resource on historic Coral Way. 3) Mayor Regalado and the Commissioners paid tribute to Riann Manser and Vasti Geldenhuys as Distinguished Visitors to the City ofMiami; furthermore recognizing these two individuals for their remarkable journey of rowing across the Atlantic Ocean from Morocco guided by The Spirit ofMadiba. " Chair Gort: At this time, we'll have some proclamations. Presentations made. Later... Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman, and thank you, Mayor. Proclamation made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon MAYORAL VETOES ORDER OF THE DAY ToddB. Hannon (City Clerk): Andl have for Commission consideration and approval the regular meeting minutes from the April 10, 2014 Miami City Commission meeting. Chair Gort: Do I have a motion? It's been moved by Commissioner Suarez. Commissioner Sarnoff. Second. Chair Gort: Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES NO MAYORAL VETOES ToddB. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Madam Attorney, are you going to read the format? City ofMiami Page 4 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Victoria Mendez (City Attorney): We will now begin the regular meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov. com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. 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 wwwmiamigov. com [sic]. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notifi, the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce any items that are either being withdrawn, deferred, or substituted. Thankyou. Chair Gort: Thankyou. Mr. Attorney, do we have any --? ToddB. Hannon (City Clerk): Excuse me, Chair, I believe the -- Daniell Alfonso (City Manager): Commissioner, there's a couple of -- an item we would like to withdraw is DI.2, the FICA (Federal Insurance Contribution Act) alternative discussion; we're just going to withdraw that. And we'd like to defer SR.3 and DI3. Chair Gort: D --? Mr. Alfonso: DI3, the discussion of the Civil Service Charter amendment will be deferred to May 22. And the SR.3, the Design District parking will be deferred also to May 22. DI.2, the FICA alternative will -- withdrawn. Mr. Hannon: Excuse me, Chair. Mr. Manager -- Chair Gort: Yes, sir. Mr. Hannon: -- I believe DI3 was going to be deferred to 5/22 at 5 p.m., sir? Mr. Alfonso: Yes, sir. Mr. Hannon: Thank you, sir. Commissioner Carollo: Which one till 5 p.m.? Mr. Hannon: Sir, that is DI 3 to -- Mr. Alfonso: Civil Service Charter amendment. Mr. Hannon: Yes, sir. City ofMiami Page 5 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: Five p. m. Chair Gort: So instead of 10 o'clock, it's going to be 5 o'clock. Mr. Hannon: Item DI 3 will be time certain for 5 p.m. on the -- during the May 22 Miami City Commission meeting. Mr. Alfonso: Not today; May 22. Commissioner Carollo: Hey, listen -- Chair Gort: Is this your item? Commissioner Carollo: -- I mean, we decided what time we hear it. You know, I see Commissioner Gort apparently is looking at -- or has made some type of notion that he'd prefer to hear it at another time. I mean -- Chair Gort: Yes. Commissioner Carollo: -- I'm open to it. Chair Gort: Now, you're talking about the -- DI.3 is the -- Commissioner Carollo: The Civil Service. Chair Gort: Yeah, yeah, that's been deferred. Commissioner Carollo: We're deferring it to May 22, but -- Chair Gort: Right, 5 o'clock. Commissioner Carollo: -- our City Clerk is saying at 5 p.m., but -- time certain at 5 p.m., but nit open to whatever time. Vice Chair Hardemon: And Mr. Chairman? Chair Gort: Yes, sir. Vice Chair Hardemon: Thank you very much. I believe that it's being moved that way to give some employees from the City ofMiami an opportunity to be -- Chair Gort: Right. Vice Chair Hardemon: -- heard if they want to, considering that it's a measure that's going to affect them most. Chair Gort: Right. Any other -- any Commissioner would like to defer any items? Commissioner Sarnoff. Commissioner Sarnoff. Mr. Chair, I just want to recognize that the -- I had a discussion item; I know it's not essential, but I'll put it on the record. The payment for special events and park permits; that it could be done by credit card. The Administration has now converted to a credit card system. There's no reason to discuss it. I'm just giving them a little bit of kudos for at least not making us discuss it. City ofMiami Page 6 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Okay. Is there any mayoral vetoes? Any mayor -- Mr. Hannon: Sir, is there a motion? Chair Gort: Is there a motion? Mr. Hannon: For the deferrals and withdrawals. Chair Gort: For the deferrals and -- Vice Chair Hardemon: So moved. Chair Gort: It's been moved by the Vice Chairman. And second -- Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 7 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 CONSENT AGENDA CA.1 RESOLUTION 14-00336 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "NEIGHBORHOOD AND WORKPLACE SUSTAINABILITY CHALLENGE", ACCEPTING A GRANT AWARD OF AND APPROPRIATING FUNDS, IN THE AMOUNT OF $75,000.00 ("GRANT"), FROM THE GLOBAL PHILANTHROPY PARTNERSHIP, WHICH WILL BE USED TO DEVELOPA CHALLENGE PROGRAM WEBSITE AND A CHALLENGE PROGRAM IMPLEMENTATION PLAN FOR HOSTING OF THE WEBSITE AND FUNDING OF CHALLENGE PROGRAM IMPLEMENTATION FOR PARTICIPATING MUNICIPALITIES (COLLECTIVELY, "PROJECT); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS, OR RENEWALS THEREOF, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROJECT. 14-00336 Summary Form.pdf 14-00336 Legislation.pdf 14-00336 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0168 Adopted the Consent Agenda Motion by Commissioner Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Consent agenda; do I have a motion? Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Carollo; second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City ofMiami Page 8 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PA.1 14-00374 PERSONAL APPEARANCE PRESENTATION MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION ON THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. 14-00374 E-Mail - State of the Travel & Tourism Industry.pdf 14-00374 Fast Facts.pdf PRESENTED Mayor Tomas Regalado: Well, we have like every year a proclamation for National Travel and Tourism Week, and it is the bread and butter ofMiami-Dade County, the City ofMiami, of South Florida, and so we have a very distinguished group of people. If they can come up here -- you want to come up? William Talbert: Can I just --? Yeah. Okay. Chair Gort: No, bring them up. Mayor Regalado: Yes. We have the president and CEO (Chief Executive Officer), the staff and the chairman of Greater Miami Conventions & Visitors Bureau. We're honored to have -- okay, so the president. Mr. Talbert: Thank you everybody in TV (television) land. This month is National Travel and Tourism Month, and we come here every year and thank the City ofMiami for their partnership. But can tell you every day is travel and tourism day in the City ofMiami, so we thankyou. Just a couple of quick things, and we're joined here this morning by Gene Prescott, who is our immediate past chair of our board; Rolando Aedo, a City ofMiami resident, our executive vice president and chief marketing officer just back from Do -ha and Dubai, getting ready for the inaugural flight of Emirates; and Genny Gutierrez, who does our local media relations. In 2013, we had a record number of visitors to this community, and the partnership -- our sales and marketing program and our partnership with the City is growing, is very successful, and it has resulted in four years and three months of jobs growing in hospitality in this community. Let's hear it for jobs, come on; huh? Applause. Mr. Talbert: Four years and three months hospitality has added jobs in the community. Andl can go on a lot offactors, but 2013 was a historic year in the City ofMiami. For the first time in your history, you had more international visitors than domestic. We're a global community. The marketing programs are working, and thank you. Applause. Mr. Talbert: So with that, we're here today to thank the City ofMiami, the Mayor, the Manager, each and every Commissioner for the partnership you provide to us. We could not do what we do and be successful with our sales and marketing programs without a strong partnership from the City ofMiami. So bravo, and thankyou very much. Let me just read this. Gene, you want to read the plaque and say a few words? Gene Prescott. Gene Prescott: Yes. I'm an honorary citizen of the City ofMiami. Please. But one of the things about the foreign visitors and the reason why Bill mentions it is that we -- they're more valuable City ofMiami Page 9 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 in terms of spending and their stay. They stay about twice as long on the average as our domestic visitors, and they spend twice the money, so that's an important variable. Andl think the side that you all know, 'cause you see the advertisement and the promotion is that the -- our clientele are under attackfrom other destinations, so we have to continue to do that. But we really do appreciate -- andl speak from the point of view of the volunteers and the industry -- we really do appreciate what you in the City do, and we need to keep doing it. So -- Mr. Talbert: You want to read this? Mr. Prescott: Sure. Presented to the Mayor, the Commissioners of the City ofMiami in recognition of their leadership and support of our travel and tourism success. National Travel and Tourism Month, May 2014. Applause. Mr. Prescott: I'll give this to you. Thank you, Mayor. END OF PERSONAL APPEARANCE City ofMiami Page 10 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 9:00 A.M. PH.1 14-00164 Department of Community and Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR PROGRAM YEAR 2014-2015, IN THE AMOUNT OF $319,292.00, WHICH INCLUDES PRIOR YEAR PROGRAM INCOME, FOR THE ACTIVITIES, IN THE PUBLIC SERVICE CATEGORY, AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, EFFECTIVE APRIL 1, 2014; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00164 Summary Form.pdf 14-00164 Notice to the Public.pdf 14-00164 Pre-Legislation.pdf 14-00164 Back -Up from Law Dept.pdf 14-00164 Legislation.pdf 14-00164 ATTACHMENT A SUB.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0169 Chair Gort: PH.1, public hearing. George Mensah: Good morning, Commissioners. George Mensah, director of Community Development. PH.1 is a resolution to allocate the remaining funds of CDBG (Community Development Block Grant) in the public service categories, andl will read the names into the record, because there has been some changes to the allocations. And it's Allapattah Community Action for elderly meals, 23, 471; Centro Mater Child Care Services, 2,500; Curley's House for elderly meals, $27, 500; De Hostos Senior Center, elderly meals, 20,000; Fanm Ayisyen Nan Miyami, Haitian Women ofMiami, 2,880; Fifty -Five Years & Up for elderly meals, 3,000; Jose [sic] Perez de Castano Kidney Foundation, elderly meals, for 2,771; Little Havana Activities & Nutrition Centers of Dade County, 14, 818; Southwest Social programs -- Social Services Programs [sic], elderly meals, 83,834; the Association of [sic] Development of the Exceptional, 2,500; The Sundari Foundation homeless services for women, 5,000 [sic]; Thelma Givson Health Initiative, adult services and services of the disabled, 11, 418; Greater Miami Service Corporations, youth services, 35,000; People United to Lead the Struggle for Equality, crime prevention, and public safety, 25,000; Liberty City Optimist Club of Florida, for youth services, 50,000, and World Literacy Crusade of Florida, $10, 000. Chair Gort: Did everyone get that? Okay, it's a public hearing. Is anyone would like to discuss PH.1? Seeing none, showing none, do I have a motion? Vice Chair Hardemon: So move. Commissioner Suarez: So move. City ofMiami Page 11 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PH.2 14-00366 Department of Community and Economic Development Chair Gort: It's been moved by Vice Chairman Hardemon; second by Commissioner Suarez. Discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR PROGRAM YEAR 2014-2015, IN THE AMOUNT OF $1,283,296.00 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE PROGRAM YEAR 2014-2015; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00366 Summary Form.pdf 14-00366 Notice to the Public.pdf 14-00366 Pre-Legislation.pdf 14-00366 Back -Up from Law Dept.pdf 14-00366 Legislation.pdf 14-00366 Attachment A SUB. pdf 14-00366-Submittal-Grady Muhammad -Letters of Interest. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0170 Chair Gort: PH.2. George Mensah (Director, Community Development): Commissioner, PH.2 is also authorizing the allocation of Program Year 2014-2015 CDBG (Community Development Block Grant) funds in the amount of 1.28 -- 1,283,296 in the economic development category. These are just the remainder of the allocations that we have to make, and these are to the following agencies: Allapattah Business Development Authority for technical assistance to commercial facade, 12,500; Department of Capital Improvement for Southwest 27th Street resurfacing, public facilities and improvement, 100,000; Department of Capital Improvement Program for the Douglas Park Community Center, 218,852; Department of Capital Improvement Program, Dominos Park, 70,024; Department of Capital Improvement Program for street improvement in District 4, public facility and improvement, 197,260; Miami Bayside Foundation, technical assistance to for -profit businesses, 40,000; Neighbors & Neighbors Association, Incorporated, technical assistance to for profit business, 80,000; Neighbors & Neighbors Association for commercial rehabilitation, 200,730; Martin Luther King Economic Development Corporation for public facilities and improvement, 229,000; the Community Development Facade Construction reserve in the amount of 64,931, FANM (Fanm Ayisyen Nan Miyami, Inc.) for technical assistance to for -profit businesses, 40,000; and Little Haiti Housing Association, Incorporated, for technical assistance to for -profit businesses, $30, 000. Chair Gort: Thank you. Madam Attorney, are you ready to read the resolution? PH.2. City ofMiami Page 12 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Mr. Mensah: You don' need to read. Victoria Mendez (City Attorney): PH. 2. A resolution of the Miami City Commission, with attachments, authorizing the allocation of Community Development Block Grant Funds for Program Year 2014-2015, in the amount of 1,283,296 in the economic development category, to the agencies specified in Attachment "A," attached and incorporated, for economic development activities in the program year 2014-2015; authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney for said purpose. Chair Gort: Thankyou, ma'am. Public hearing. Yes, sir, you're recognized. Grady Muhammad: Good morning, Mr. Chairman. Grady Muhammad, assistant director -- executive director of Rafael Hernandez Housing and Economic Development Corporation. We're in favor of the resolution. One of the questions we have -- it's two, Vice Chairman Hardemon. We have currently 16 projects. We're requesting extension of the current contract that was approved February the 27, 'cause it expired as ofMarch 30. We need an additional year for that. Plus, we have -- with the contract we have 16 current projects in the works and an additional 37 just from Gator Investment Property. We'll submit a copy of this to the Clerk for the record. It's 37 buildings that Gator Investment -- that you also was at one of the buildings as your campaign office in District 5. We're the most successful organization in District 5 for facade rehab work. We haven't done anything in the other districts, but for District 5, there's no other entity or agency that could be able to do it. Again, we're requesting the extension of the contract so we can continue to doing what we done and to be able to continue to assist the current 16 applicants that we got that are applying for this facade work. Thank you all. And -- Chair Gort: Thankyou. Mr. Muhammad: -- ifI may, with the other projects, we're definite in favor, because you have to give and build the technical assistance for entities from MLK (Martin Luther King) and others to be able to allow us to be able -- let them -- to be able to work better in the community, because we have a lot of needs in District 5 -- City ofMiami, but District 5 especially, and we definitely look forward to supporting and working with them. Thank you. Chair Gort: Thankyou, sir. Next. Luis De Rosa: Thank you Commissioner, Chairman, and Vice Chairman, and of course Sarnoff. My name is Luis De Rosa. I'm here today representing Dynamic CDC (Community Development Corporation), and we're the corporation that's doing work presently now. We're sandwiched in between the Wynwood Art District, which we all know has the BID (Business Improvement District) in place, so they have the financing to move forward in that, and of course, the rich and powerful Design District. Presently, I am working with and supporting the Dorothy Quintana Senior Arts Program, and I'd like to take this opportunity to thank Commissioner Hardemon for supporting the low -- for the most part, low-income seniors who -- where we're providing their -- this service. I also wanted to thank Commissioner Sarnoff. When it was part of District 2, we worked really hard to get the Dorothy Quintana Community Center built, so we thank you for that effort. And Commissioner Willy Gort andl worked together before -- when his time when he wasn't an elected official. We built 11 homes in that Wynwood District for -- affordable homes for working class folks. I'm a little concerned 'cause we submitted the RFP (Request for Proposals). We've done some work in the past with CD (Community Development). We've, you know, always had, you know, good ratings and non findings in our reports when it comes to the monitoring process; why we were not being recommended for refunding for the -- pretty much to handle the District 5 in this case now, because the Commissioner Hardemon's district has expanded to cover the community of Wynwood. We believe we have done some good work in the past. We have created some jobs, we've helped the small business help themself [sic], and for the City ofMiami Page 13 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 most part, working with this poor working class community, maintaining its status in the community. And I'm asking that the -- andl -- I mean, I would like to have an answer from the director. He's a good man, and you know, George, and no offense to you -- and I've known George for many years -- but I'm really dismayed that Wynwood, once again, is being left out; not the rich and powerful, but the working class and the poor folks in that community. And for, you know, mere bones, you can continue providing services, and we can be the eyes and ears of your district. And, you know, I'm just -- you know, we did everything right, by the book; our reports are on target; you can see the job development. Commissioner Sarnoff was gracious about two years ago, submitted a -- or rather, funded Dynamic CDC when that was your district, and you know the good work we did in that area. Just recently, we had a meeting with an ambassador from El Salvador, a personal friend of mine, who was appointed by President Obama. We bring people into the community; we did a walk-through. We're going to be bringing the son of Roberto Clemente. And l just want to know why we were not funded. I mean, you know, we're not asking for a lot of money, you know. We're not saying 200, 300, 000, you know, like everyone else did; rightfully so, and they should be funded, you know. Liberty City and Overtown should be funded and Pequena Havana, but not -- let's not forget Wynwood. I'm here to ask for your compassion to reconsider and to ask the CD to go back to the books and find some funds for Dynamic CDC to work in Wynwood, please. Chair Gort: Thankyou, sir. Vice Chair Hardemon: I'll address the question when it comes time. We can continue the public hearing. Chair Gort: Okay. Thank you. Mr. De Rosa: Thank you. Thank you, Commissioners. Chair Gort: It'll be answered later on. Mr. Cruz, you're recognized. Mariano Cruz: Sure. Mariano Cruz, chairman ofABDA, A-B-D-A, Allapattah Business Development Authority, 801 Northwest 37th Avenue, Suite 212. No, we have no problem this year. We are doing Pequena Santo Domingo, Little Santo Domingo. We working and we working good with staff no problem with anything. And also, remember, District 1, Allapattah is one of the part of the City that pay the most ad valorem taxes in the City ofMiami, because we have very few -- the few housing -- the old people, they don't pay taxes. But the business places, the market, most of the -- big money in tax, big money. Don't look at me. You know, you do -- you know I don't pay taxes. I got service collected disability. The solid waste of the City. But we have no problem, whatsoever, with the -- with staff. And that's it. Thank you. Chair Gort: Thankyou. Yes, ma'am, you're recognized. Marleine Bastien: Good morning -- Vice Chair Hardemon: Good morning. Ms. Bastien: -- Mr. Mayor, Commissioners, Mr. Chair. My name is Marleine Bastien. I'm from FANM, the executive director ofFanm Ayisyen Nan Miyami, the Haitian Women ofMiami. It is a pleasure for me to be here this morning to speak to you. I must admit that when I came this morning, my heart was quite heavy, because we submitted two applications; one for economic development, which we've been doing, providing technical assistance to businesses in Little Haiti, helping them with business plan, customer service, whatever their needs. For the past 23 years, we've been able to provide the support to the businesses. Despite of the fact that we got 100 percent on one of the applications and 92 on the other, we were not recommended. But we met with our good Commissioner, Commissioner Hardemon, and then he's going to try to help City ofMiami Page 14 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 us, because he understands the kind of work that is needed in Little Haiti, the kind of needs that we have in Little Haiti. The businesses are really suffering, and we have two business owners here with us this morning. The needs are plenty, so we are happy that the Commissioner is going to be working with us to make sure that the businesses get the support that they deserve. So I'm here to say thankyou, Commissioner Hardemon; thankyou, members of the Commission, and I'm going to end by saying that we are in this community together. Chair Gort: Yes, ma'am. Ms. Bastien: When one community thrives, we all thrive. With the -- especially in District 5, the needs are really tremendous, so we need to work together to make sure that every business, every entity gets the support that it deserves. So thank you again, Commissioner Hardemon. Thank you for your great work and for your leadership. Thank you, Mr. George. Chair Gort: Thankyou. Next. Devillien Lubin: I said thank you for helping Fanm. Good-bye. Thank you. Chair Gort: Thankyou. Myrlande Chernfant: I also want to say thank you so much to the City of Miami and for Fanm Ayisyen for helping us with our businesses, because we have been struggling for the past 10 years, so thank you. Chair Gort: Thankyou. Yes, ma'am. Constance Collins: Yes. Constance Collins with the Lotus House Women's Shelter in Overtown. First, I always want to say thank you, because we're deeply grateful for your support; it's life -changing for the women and children that we serve. I saw that we are getting an additional 5,000 today, and it's appreciated. Even though we have a request in for other types of funding for the shelter through the CRA (Community Redevelopment Agency), we're hopeful that we can get that support, as well. Yesterday, we had to turn away a woman with a three -day -old child, just born, and a woman who is 37 weeks pregnant, because we don't have enough space in our shelter. As much as I've been doing this, for 10 years, that's a heartbreaker, and if you want to know why you always see me, it's because of things like that. So I just want to say thank you for your help andl hope you can help more. Chair Gort: Thankyou. Yes, sir, you're recognized. Nathan Kruland: Good morning, Commissioners. Nathan Kurland 3132 Day Avenue. As chairman of the Miami Bayside Foundation, I would in particular like to thank Commissioner Suarez, who has donated $40, 000 of his CDBG money to the Miami Bayside Foundation where we now, in the past three years, have lent almost $700, 000 to City ofMiami resident minorities for businesses. We have over $2 million in university endowments at FIU (Florida International University), Miami Dade College, and FMU (Florida Memorial University), and we also, through SCORE (Counselors to America's Small Business), offer over 100 programs per year to, once again, only citizens, residents of the City ofMiami minorities. Thankyou once again on behalf of the Miami Bayside Foundation. Chair Gort: Thankyou. Next. Ernest Cooper: Hi. Good morning. My name is the Reverend Ernest Cooper, and I'm from Little Haiti, also a business owner, and l just want to say thankyou to you, because Fanm has been helping us strive and survive in the community, but thankyou for the job beyond that. Thank you. City ofMiami Page 15 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thankyou. Next. Luther Campbell: Hello. How are you doing? Luther Campbell from Liberty City Optimist Boys' and Girls' Club. We'd like to thank you guys for supporting us. I mean, because it is a very difficult situation out there at the park, at Hadley Park. You know, most cities fund the programs for kids, you know, shoulder pads, helmets, different things like that. Miami Garden funds their programs; Opa Locka funds their program; Pembroke Pines, you name it. This is basically one of the only cities that give limited funds toward these programs, so the funds that you guys have awarded us today, we'd like to thank you all. Thank you. Chair Gort: Thankyou. Next. Dwight Jackson: Chairman, I'm also a board member of Liberty City Optimist; just basically want to give thanks to you for providing the funds for us. I was looking at the seal that's over your head, and I'm proud to let you guys know that my great-grandfather -- Chair Gort: Wait, excuse me. We need your name and address. Mr. Jackson: Oh, my name is Dwight Jackson. I'm the owner of Richardson Mortuary, the oldest African American funeral home in Dade County. My grandmother and grandfather started it in 1927. The seal over your head, the incorporation was actually signed -- one of the signing -- original charter members was my grandfather -- my great-grandfather, Archie Willis, and my grandmother's uncle, Allen Stokes, are original signers of the original Charter. And I just want to let you know that you don't know how much we appreciate what you're doing for Liberty City Optimist, because I'm a funeral director by trade, and we're doing our best to try to keep down the crime in the community, and with your support, we're doing a whole lot to try to keep our community clean and keeping these kids off the street. So once again, I want to say thank you from my family andl want to thank you for the Liberty City Optimists. Thankyou. Chair Gort: Thankyou. Next. Leroy Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. I'd like to thank this Commission. Thank you, Commissioner Hardemon. This 270, 000 for commercial rehab on 7th Avenue will only help to enhance what we started a couple years ago. As you know, we just recently completed six commercial facade -- rehab -- commercial rehabs on 7th Avenue. We did a phase one, phase two; this will be phase three. We're looking at bringing on the businesses that qualified in the first round, which will be the Gross building, the Mr. Williams building, Mr. Antonio building in this round. So we looking to hope that we can expand and continue what we started. We don't want -- we're not looking at bringing on new. They qualified in the first round, and we want to continue this work for the people that qualified in the first round. Thank you so much. Chair Gort: Thankyou, sir. Yes, sir. Nathaniel Wilcox: Good morning to our Commissioners, and my name is Nathaniel Wilcox. I'm the executive director of PULSE; that's People United to Lead the Struggle for Equality. We also would like to thank the Commission for the support that we're receiving in our anti -crime campaign, public safety campaign. We know in our community there are any number of different killings and drive-bys, and just a lot of crime going on in certain parts of the City. And people are wondering, "Well, what are you doing? What are the black community doing to address that?" And by your help and support, we're being -- we will be able to continue to address a lot of the crime, a lot of the killing, and a lot of the negative things that are going on in our community, andl would like to thank you for the support. City ofMiami Page 16 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thankyou. Anyone else? Close the public hearings. Yes, sir. Vice Chair Hardemon: Mr. Chairman, first, I'd like to say I think all of the Commissioners here find that this part of our job is probably the most difficult job that we have, because a lot of times in life, people say that your money really decide -- how you spend your money is how your values are set. And so when you have so many magnificent organizations in the community that are doing a positive thing, it's very difficult to assign dollars to them. So any time an organization is not funded -- for instance, when we talk about Dynamic CDC, it wasn't his fault; it wasn't Mr. George's fault; it would fall on my shoulders. Andl -- sometimes I have to take the hit in places where I don't want to. And by that, I mean, trust me, Little Haiti came to me today upset. Wynwood came to me today upset. I can't please everyone at all times, and ifI could, then I probably wouldn't be a City ofMiami Commissioner; I'd be doing some other philanthropic work. And so what I mean by that is that you have the dedication from me to the community in Wynwood to move forward. I have four years of this, and hopefully more ifI get elected, if people like me; if they don't, I won't. But at least now I have four years of doing these allocations. And in this allocation, we've dedicated resources in places that won't need the allocation for next year, so it gives us more resources to give for technical assistance in Wynwood, to give for technical assistance in Little Haiti, and all the other neediest places, at least, in my district that I can affect. So it's one of those things where we have to decide who is hurting the most; who's bleeding the most? Or where can we make the biggest impact fastest? And that's how I began to allocate my funds, because I want to make sure that by the end of my four years, you can see a significant difference not only in the communities, but the people who own the businesses and how they run their businesses to make sure that we have some sustainability within District 5. So not getting the small -- minute number that you asked for this year doesn't mean that next year you won't get an abundance. Sometimes in life we have to sacrifice for a day to see the harvest for the next month or so. And that's what I'm asking for people in my community to do; just sacrifice with me, because this is not an easy process. The Rafael Hernandez group, I know we previously approved a $100, 000 transfer. The contract extension is not before us right now, so that's something that we have to discuss further. However, that is funding that is from CDBG that we have here, so I appreciate you coming and saying thank you, because, trust me, there are groups here that would love to have a piece of that $100, 000. Lotus House Women's Shelter, they do a tremendous work in our community, and it's one of those organizations that receives a lot of funds not necessarily just from the City ofMiami, but from other resources, and at the same time, there is always a need for it. And they do such a good job for a specialized service that it troubles me not to be able to do it; however, I found myself to be in the position where I've helped Lotus House and didn't realize, wait a minute; I have a bigger pot in which I can help them out of so I need to make sure that the pot that I'm giving these funds for are for communities like Wynwood, like Little Haiti, that can't have funds from other pots of dollars that we have within the City ofMiami. So we thank you for coming today to express your concerns. We thank you for coming today to express your gratitude. But you have the dedication from myself as the District 5 Commissioner, that I'm going to do whatever it takes to help. This allocation is not the end of the world. This is the first allocation in many allocations to come. There are many organizations who received funding today that never received funding. I mean, when you look at organizations like PULSE, they didn't receive funding for things like this. We have people dying in the streets of the City ofMiami, and they're coming into my district. So every time an e-mail (electronic) is sent to Commissioner Sarnoffs cell phone or to Commissioner Gort's cell phone or Commissioner Suarez' cell phone, it says "a death, a stabbing, a shooting, " something happen. Andl always hold my breath, because I know where it's coming from: 63rd Street and 13th Avenue, 2ndAvenue and 20th Street, all within my community. So we have to find a way to address all those different things, and now is the beginning of it; it's allocating the resources the way we need to this time, and then also in other things that we're going to be partnering with not only local partners, such as the police force, but other partners within our purview to grab and tackle these issues. So thank you very much. Chair Gort: Thankyou. Any further discussion? City ofMiami Page 17 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes, you're recognized. Commissioner Sarnoff.. So building on what Commissioner Keon Hardemon had to say, it's -- I think what he's saying is even the farmer has to rotate his fields every so often, and sometimes you don't continue to fund the same organization, and you try something different, because, certainly, as a new Commissioner, he is obviously trying to find the way to stop, as he said, the major thing in his neighborhoods, which is -- I'm just going to say the killings or the shootings or whatever. So sometimes the farmer does rotate his fields. From my standpoint, I just want to say that one of the things that I've tried to value mostly is people who will never be able to do anything for themselves without a very large leg up, and that's why I tend to fund the developmentally disabled. These are folks that are born through no fault of their own and will never be able to probably provide for themselves. And that's why I -- you know, to give an explanation to anybody out there questioning my distribution -- is why I tend to fund the developmentally disabled, because they're never going to be able to, with any kind of program, fend for themselves without the assistance -- and it probably should be more federal assistance, but presently, it's not -- without our help. So, yeah, I just wanted to go on record having said that, as well, and just suggest that this is what call, Commissioner Hardemon, the "Titanic" time. There is a lot of people on the boat, and there aren't enough life rafts, and there's some hard choices that have to be made. Andl think every Commissioner does a pretty good job of trying to discern those choices. Chair Gort: Thank you. We need to understand the Federal funds have been cut quite a bit, and we have to make sure that we use the funds according to what's going to make the greatest impact in our community; it's not easy. This is -- we have a lot of hard decisions that we have to make in this dais, but let me tell you, this, I foundftom the first time I got elected, is the most difficult one there is, 'cause there's a lot of need and we understand the need, and what needs to be done, and unfortunate, there's not enough funding to do that. But we do find other sources sometimes, and we're able to help some of those (UNINTELLIGIBLE). Thank you for being here. I think it's very important. Any further discussion? Being none, all in favor, state it -- ToddB. Hannon (City Clerk): Chair? Chair Gort: Yes. Mr. Hannon: I do need a motion. Commissioner Sarnoff.. So move. Chair Gort: I thought we had a motion. Moved by -- Vice Chair Hardemon: Second. Chair Gort: -- Commissioner Sarnoff, second by Vice Chairman Hardemon. Mr. Mensah: Commissioner, with the amendments -- Vice Chair Hardemon: As modified Mr. Mensah: -- that are made on the record. Vice Chair Hardemon: As modified City ofMiami Page 18 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PH.3 14-00328 Department of Community and Economic Development Chair Gort: Yes, with -- as amended. Mr. Mensah: Yes. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXTENDING THE CONTRACT BETWEEN THE CITY OF MIAMI AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION FOR THE IMPLEMENTATION OF THE MARTIN LUTHER KING EMERGENCY BUSINESS ASSISTANCE PROGRAM TO FOR -PROFIT BUSINESSES; AMENDING THE MARTIN LUTHER KING BUSINESS ASSISTANCE PROGRAM GUIDELINES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR SAID PROGRAM; AUTHORIZINGA PROVISION FOR AN ADDITIONAL $20,000.00, AS SPECIFIED IN ATTACHMENT "B", FOR PROGRAM ADMINISTRATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00328 Summary Form.pdf 14-00328 Notice to the Public.pdf 14-00328 Pre-Legislation.pdf 14-00328 Back -Up From Law Dept.pdf 14-00328 Legislation.pdf 14-00328 Exhibit A. pdf 14-00328 Exhibit B.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0171 Chair Gort: PH.3. I know we have a couple of items -- almost the whole agenda today is time certain, but want to get rid of those public hearings. It'll be just the two, three more items; then we'll go into the time certain. George Mensah (Director, Community Development): Okay. PH.3. PH.3 is approving the extension of a contract between City ofMiami andMartin Luther King Economic Development Corporation for the MLK (Martin Luther King) Emergency Business Assistance Program to for profit businesses, and amending the guidelines for said program, and also providing an additional $20, 000 for technical assistance to the businesses. Chair Gort: Okay, will you read the resolution? Victoria Mendez (City Attorney): A resolution of the Miami City Commission, with attachments, extending the contract between the City ofMiami andMartin Luther King Economic Development Corporation for the implementation of the Martin Luther King Emergency Business Assistance Program to for profit businesses; amending the Martin Luther King Business City ofMiami Page 19 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PH.4 14-00329 Department of Community and Economic Development Assistance Program guidelines as specified in Attachment 'A, " attached and incorporated, for said program; authorizing a provision for an additional 20,000, as specified in the Attachment "B, " for program administration; further authorizing the City Manager to execute all necessary documents, in a form acceptable to the City Attorney, for said purpose. Chair Gort: Thank you. Is anyone in the public would like to address PH.3? Is anyone in the public would like to address PH.3? Showing none, hearing none, close the public hearings. Commissioners, do I have a motion? Vice Chair Hardemon: I'll move it. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Hearing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM DELIVERY FUNDS TOALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AND SUNSHINE FOR ALL, INC. AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 14-00329 Summary Form.pdf 14-00329 Notice to the Public.pdf 14-00329 Pre-Legislation.pdf 14-00329 Back -Up From Law Dept.pdf 14-00329 Legislation.pdf 14-00329 Attachment A. pdf 14-00329 Exhibit- Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0172 Chair Gort: PH.4. George Mensah (Director, Community Development): PH.4 is authorizing the transfer of CDBG (Community Development Block Grant) funds in the amount of hundred -- in the amount of City ofMiami Page 20 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PH.5 14-00333 Department of Community and Economic Development $80, 000, and HOPWA (Housing Opportunities for Persons with AIDS (Acquired Immune Deficiency Syndrome) funds in the amount of $20, 000 to ABDA (Allapattah Business Development Authority) and Sunshine for All for the housing -- HQS (Housing Quality Standard) inspections for the Section 8 Voucher Program and the HOPWA Program. Chair Gort: Thankyou. Commissioner Suarez: So moved. Chair Gort: Resolution. Commissioner Suarez: So moved. Commissioner Carollo: Second. Victoria Mendez (City Attorney): A resolution of the Miami City Commission, with attachments, authorizing the transfer of Community Development Block Grant Administration and Housing Opportunities for Persons With AIDS Program Delivery Funds to Allapattah Business Development Authority and Sunshine for All, Inc., as specified in Attachment "A," attached and incorporated, to provide housing quality standard inspection services for the City ofMiami Section 8 Housing Choice Voucher and Moderate Rehabilitation Programs and Housing Opportunities for Persons with AIDS Program; further authorizing the City Manager to execute necessary agreements, in substantially the attached forms, with said agencies for said purpose. Chair Gort: Thankyou. I have a motion by Commissioner Suarez; second by Commissioner Carollo. This is a public hearing. Is anyone would like to address this item? Anyone would like to address PH.4? Showing none, hearing none, close the public hearings. Any further discussion? Being none, all in favor, state it by saying "aye.' The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ALLOCATION OF PROGRAM YEAR 2014-2015 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM SHORT TERM RENTAL, UTILITY AND MORTGAGE ASSISTANCE FUNDS, IN THE AMOUNT OF $560,000.00, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00333 Summary Form.pdf 14-00333 Notice to the Public.pdf 14-00333 Back -Up from Law Dept.pdf 14-00333 Legislation.pdf 14-00333 Attachment A. pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon City ofMiami Page 21 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 R-14-0173 Chair Gort: PH.5. George Mensah (Director, Community Development): PH.5. Commissioners, PH.5 is the resolution that approves the allocation of Program Year 2004 [sic]-2015 Housing Opportunities for Persons with AIDS (Acquired Immune Deficiency Syndrome) Program short-term rental and mortgage and utility assistance funds, in the amount of $560, 000, and this will be allocated in the following manner: Sunshine for All for program administration, $78, 000, and the payment of rent, mortgage and utility payments in an amount of $482, 000. Chair Gort: Thankyou. Resolution. Victoria Mendez (City Attorney): A resolution of the Miami City Commission, with attachments, approving the allocation of program year 2014-2015 Housing Opportunities with [sic] Persons with AIDS Program short-term rental, utility and mortgage assistance funds, in the amount of $560, 000, as specified in Attachment "A," attached and incorporated, to provide short-term rental, mortgage and utility assistance to low-income individuals living with HIV (Human Immunodeficiency Virus)/AIDS; authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney. Chair Gort: Thankyou. This is a public hearing. Is there anyone would like to address PH.5? Is anyone would like to address PH.5? Seeing none, hearing none, close the public hearings. Comments, motions? Commissioner Suarez: Move. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. PH.6 RESOLUTION 14-00334 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "FLAGLER GRAN CENTRAL STATION", A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1 ", SUBJECT TO THE SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLATAND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 14-00334 Summary Form.pdf 14-00334 Notice to the Public.pdf 14-00334 Legislation.pdf 14-00334 Attachment 1.pdf 14-00334 Exhibit A. pdf 14-00334 Exhibit - Maps.pdf City ofMiami Page 22 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0174 Chair Gort: Welcome. Is he ready for it? PH.6. Commissioner Sarnoff. What are we on, Mr. Chair? I apologize. What are we on? Chair Gort: PH.6. Nzeribe Ihekwaba (Director, Public Works): PH.6. Commissioner Sarnoff. PH.6. Mr. Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. PH.6 is a resolution of Miami Commission accepting the final plat of Flagler Grand Central Station from DT Miami, LLC (Limited Liability Company), and to authorize the Miami City Manager to execute the related documents for recordation and approving the recordation in the public records. This plat is for the All Aboard Florida project, and it's situated between Northwest Miami Avenue and the FEC (Florida East Coast) railroad corridor, between Northwest 1st Street and Northwest 8th Street. Chair Gort: Thank you. Is anyone in the public would like to address PH.6? Seeing none, hearing none, public hearing is closed. Do I have a motion? Commissioner Suarez: Move it. Commissioner Sarnoff. Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Sarnoff. Any discussion? Being none, all in favor, state it by saying aye. " The Commission (Collectively): Aye. PH.7 RESOLUTION 14-00373 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (DEPARTMENT), FOR THE TRANSFER OF PORTIONS OF NORTHWEST 14 STREET AND NORTHWEST 3 AVENUE, MIAMI, FLORIDA, FROM THE CITY OF MIAMI STREET SYSTEM TO THE DEPARTMENT STATE HIGHWAY SYSTEM, AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER AGREEMENTS, PERMITS AND ANY OTHER RELEVANT DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THAT MAY BE REQUIRED TO EFFECTUATE THE TRANSFER. 14-00373 Summary Form.pdf 14-00373 Notice to the Public.pdf 14-00373 Legislation.pdf 14-00373 Exhibit - Agreement.pdf City ofMiami Page 23 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0175 Chair Gort: You ready for Sawyer Walk? Commissioner Sarnoff. RE. 8. Chair Gort: RE. 8. Commissioner Sarnoff. Do we -- I haven't gotten to that, no. But I promise, I won't hold it up much longer. Chair Gort: PH.7. Nzeribe Ihekwaba: PH.7. Good afternoon. Zerry Ihekwaba, Public Works director. PH.7 is a resolution to authorize the City Manager to execute a roadway transfer agreement with Florida Department of Transportation for the transfer of portions of Northwest 14th Street and Northwest 3rdAvenue to the Department's State Highway System. This is the follow-up to the resolution that was passed last year in 2013 that authorized the transfer of Brickell Avenue from the State to the City. And that's -- in that resolution the City agrees to identifi, and transfer to the State system acceptable right-of-ways [sic] that will compensate for the transfer. Vice Chair Hardemon: I move it in the spirit of brotherhood. Commissioner Suarez: Second. Commissioner Sarnoff. I accept it -- Chair Gort: Moved by the Vice Chairman. Commissioner Sarnoff. -- in the spirit of brotherhood. Commissioner Suarez: I was going to say "Second it in the same spirit." Chair Gort: Second by Commissioner Sarnoff. This is a public hearing. Is anyone that would like to address this issue is welcomed to come forward. Seeing none, hearing none, close the public hearings. Comments. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. PH.8 RESOLUTION 14-00362 Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS City ofMiami Page 24 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE APPROVAL OF ALL OUTSTANDING INVOICES FOR SERVICES RENDERED, AFTER THE FACT, BY AON CONSULTING INC. A/K/AAON HEWITT CONSULTING ("AON") AND FOR THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AON ON THE TERMS PROVIDED IN THE ATTACHMENT; AUTHORIZING THE CITY'S FINANCIAL OFFICER OR DESIGNEE TO ISSUE PAYMENT TO AON IN THE AMOUNT OF $116,999.00, FOR HEALTH BENEFIT CONSULTING AND ACTUARIAL SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AON FOR THE PROVISION OF HEALTH BENEFITS CONSULTING SERVICES AND ACTUARIAL SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT, FOR A CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, AT A FIRST YEAR CONTRACT AMOUNT NOT TO EXCEED $150,000.00, WITH A COST INCREASE CAP NOT TO EXCEED THREE PERCENT (3%) FOR THE SECOND YEAR; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL AT THE TIME OF NEED. 14-00362 Summary Form.pdf 14-00362 Notice to the Public.pdf 14-00362 Memo - City Manager'sApproval.pdf 14-00362 Legislation.pdf 14-00362 Exhibit - Attachment B. pdf 14-00362 Exhibit - Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0176 Chair Gort: PH.8. Ann Marie Sharpe (Assistant Director): Good afternoon. Ann Marie Sharpe, Risk Management. This is a resolution for a four fifths bid waiver approving the payment of outstanding invoices to Aon Consulting, and authorizing the City Manager to execute a PSA (Public Service Announcement) with Aon Consulting for health benefits consulting services. Chair Gort: Thank you, ma'am. Commissioner Sarnoff. Move it. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. Chair Gort: Second by Commissioner Suarez. This is a public hearing. Is anyone -- don't go away. Don't go away. You're going to have to explain something. Commissioner Sarnoff. Got plenty of questions. City ofMiami Page 25 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 2:00 P.M. PH.9 14-00338 District 2- Commissioner Marc David Sarnoff Chair Gort: This is a public hearing. Is anyone would like to address PH.8? Seeing none, hearing none, close the public hearing. Comments, questions. Victoria Mendez (City Attorney): Chairman. Chair Gort: Yes. Ms. Mendez: Sorry; I said that too loud. In the last paragraph of page 1, there -- and maybe in some of the "whereas" clauses, after the item, if it passes, we're just going to change the words to reflect which is the PSA term and which is the RFQ (Requests for Qualification) term. That wasn't clear in the "whereases, " so we'll be making those minor scrivener's changes. Chair Gort: Okay, thank you. Further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. ToddB. Hannon (City Clerk): As amended. Chair Gort: As amended. Daniel J. Alfonso (City Manager): Thank you, Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE FLAGLER STREET SPECIAL ASSESSMENT DISTRICT ("FLAGLER STREET DISTRICT); AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE CITY OF MIAMI FOR PURPOSES OF FUNDING THE IMPROVEMENTS BENEFITING THE FLAGLER STREET DISTRICT. 14-00338 Notice to the Public.pdf 14-00338 Pre-Legislation.pdf 14-00338 Legislation.pdf 14-00338 Exhibit A. pdf 14-00338 Exhibit B.pdf 14-00338 Exhibit B-1.pdf 14-00338 Exhibit C.pdf 14-00338 Exhibit D.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0167 Vice Chair Hardemon: But we do have a matter, Mr. Chairman, if we could just take on a matter for Commissioner Sarnoff. City ofMiami Page 26 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Where's Mike? Where's Sarnoff? Where's --? Todd B. Hannon (City Clerk): Chair, that is PH.9. Chair Gort: Special assessment, DDA (Downtown Development Authority). Daniel J. Alfonso (City Manager): PH.9. Chair Gort: PH.9. Commissioner Sarnoff. Which is the -- Mr. Alfonso: The assessment at Flagler District. Chair Gort: The assessment. Mr. Alfonso: It was supposed to be 2: 30 -- I mean, 2 o'clock time certain. Commissioner Sarnoff. Okay. So, Mr. Chair, this is a resolution of the City ofMiami Commission, with the attached, fixing the final assessment roll for Flagler Street Special Assessment District and establishing a time and manner for the special assessment. What we're doing is essentially establishing this special assessment. And what you all will remember, the City is putting $6 million towards this project. We're hopefully getting six million from the County, andl believe it's $1 million from the -- Chair Gort: Assessment. Commissioner Sarnoff. -- assessment. However, everything does not happen if the County's $6 million does not happen, andl could tell you that we're pretty far along. I think it's coming out with a number of other issues on a omnibus bill, Mr. Chair, but whether it survives or not is sort of like watching the Legislature, in some respects, but this is at least the City doing everything it can do to help Flagler Street improve to what you've seen in the illustrations and whatnot. So I would move this. Chair Gort: Been moved by Commissioner Sarnoff. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Is any further discussion? This is a public hearing. Is anyone in the public -- you're welcome to come and address. Victoria Mendez (City Attorney): I -- before we have any members of the public speak, I just wanted to clarify that under Florida Statute 170.08, the governing authority of the municipality shall make a final decision on whether to levy special assessments; therefore, today you're sitting as and meeting as the equalizing board to hear and consider any and all complaints as to special assessments and adjust and equalize the assessments on the basis of just and right. Chair Gort: Thank you. Yes, sir. Harvey Trautenberg: Good afternoon, Commissioners. I represent a number of properfies in downtown Miami, specifically on Flagler Street and North Miami Avenue, and as owners, we appreciate everything that the County's -- that the Commissioners are doing. However, we have a much more serious issue than trees and bus benches. We have a homeless issue. We have people that are continuously urinating and defecating on our properties. You cannot walk down North Miami -- City ofMiami Page 27 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Excuse me. I need your name and address. Mr. Trautenberg: I'm sorry. Harvey Trautenberg. I represent -- my home address or the companies'? Chair Gort: Companies, whatever. Mr. Trautenberg: International Jewelry Exchange, 26 Northeast 1st Street; GM Properties, 27 East Flagler Street. Every time we make a complaint to the County or the City about the homeless, we get the same answer: There's nothing that can be done, because there's not sufficient funding to house the homeless." They cannot pick them up, and they leave them alone. I have a daily problem of having to step over literally people sleeping in the middle of the afternoon, late morning, coming in at 8 o'clock in the morning and having to wash down the sidewalks, wash down our streets. You cannot walk down North Miami Avenue without -- especially in the afternoons, summertime, without the reeking of urine. That's no way to have a major world -class city. Something needs to be done. I don't mind spending the million dollars. I'm being assessed 50, $60, 000; I don't mind that, but let's spend the money where it really belongs. Let's do something. Andl welcome --I would love to have the Commission come down and let's take a walk one afternoon, one morning. I drive from Aventura every morning. You come down North Miami Avenue, Northeast 6th Street; people have living rooms set up there. They sleep on the street. They have sofas, beds, easy chairs. Then they start to migrate into the Central Business District. We need to do something about that. Before we do trees and bus benches, give them nice new places to sleep and urinate. Chair Gort: Thankyou, sir. I'm sure Commissioner Sarnoff will be able to answer that question, and I'm glad that he's willing to spend a million dollars. Thankyou. Commissioner Sarnofff. I -- Chair Gort: There's your problem solved. Commissioner Sarnoff. Yeah, I hear you, Mr. Chair. Mr. Trautenberg, with Commissioner Gort's -- it's a multi faceted answer, so let me start with the simple and the more interesting. Pottinger has been modified, and if you see people sleeping where you have to step over them, that is against Pottinger. So that is a new provision of Pottinger. You should be calling my office, or you should be calling Commander Ferro or the Police Department, andl will make sure your issues with regard to them having to be stepped over is dealt with. Or if you see somebody urinating, that is no longer an allowable situation to go on. So it's so new, though, that this Pottinger modification is probably not 30 days old. The Police Department is being trained on it. That's a partial answer to your question. Now, Commissioner Gort, I believe, is on the verge of allowing what we call in Camillus House as the "Courtyard Program." The Courtyard Program will afford us 100 mats. A mat is less expensive than a bed. It's about $700,000, and somehow that computes to, I think, 19.95 a day or $20 a day, very close to that. And we'll be able to take 100 people off the streets ofMiami by giving them a Pottinger mat. That $700, 000 is a combination of Commissioner Hardemon's $175, 000, together with the City's $260, 000, together with another $175, 000 from the Omni. And to make the long and the short of it, we formed a corporation called "End Homelessness Now, 'and as of yesterday, we have fundraised privately $70, 000 for that, so that June 1, if Commissioner Gort is agreeable to the contractual provisions of the Courtyard Program -- obviously, I cannot talk to him about this -- we will be able to take 100 people off the street. There are approximately in downtown 350 homeless people. That was about the last count. City ofMiami-wide, there's probably 500 to 550. Probably 550 is the more justifiable number. Since the Pottinger agreement was modified, the ACLU (Americans Civil Liberties Union) has been handing out instructions to some homeless folks -- 'cause we have intercepted them -- that is asking them to be not all that behaviorally City ofMiami Page 28 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 compliant, with the hope that they -- that we -- they may trip us up one way or another for an enforcement action. You're living through -- well, you lived through a lot of years, there's no two ways about it. And you're absolutely right; the street that you said the recliner's on, that street has a recliner just like you described it. You know, it took a lot of courage on my part, took a lot of courage on this Commission's part to even take on homelessness from the aspect of -- for the homeless together with the aspect of the business owners; andl guess, if you would measure us in six months versus today, I think you'll see a change. Will it go away? No. But will you see a profound change? I think you will. So if you don't mind coming back in six months or reporting to me in a couple of weeks -- the police officers are just being trained on what the new Pottinger agreement says. Officer James Bernat is now head of the -- I don't know what the Chief actually calls it. I think he's the homeless coordinator -- homeless coordinator, which is a brand-new position. He's going to train every police officer. He's going to train even what we call commonly here as the "Green Shirts." And I'm telling you a bunch of stuff and you're probably going, Don't give me lip service; give me results. "I think the results, Mr. Trautenberg, are probably, I think, by the middle to the end of the summer, you'll see some changes, andl think they'll be profound. Chair Gort: Thank you. Discussion on special assessment. We have Dante Fiorini? Yes, sir. Dante Fiorini: I currently own the Biscayne Building. Chair Gort: Name and address, please, sir. Mr. Fiorini: Dante Fiorini. I live here at 2100 Bayshore Drive. I own the Biscayne Building, 19 West Flagler Street. It's been in my family for quite a few years. I'm in District 2. I voted in District 2 for the current Commissioner, but whatever that means. I'm here for two reasons. One, I like the idea that Flagler Street is going to have some work done to it, the sidewalk. I like the attitude of the work being done on the homeless, because it affects us too. But there's one aspect of this program that has not been addressed when you talk about improving Flagler Street. You talk about valet services that cost money. Any person here who visits the City of Coral Gables can park at a reasonable rate for two or three hours. Any person that parks in the City of Miami cannot park at a reasonable rate, and if you go to Dadeland it's free; and if you go down to Brickell where you have the new development there, it's very reasonable for a short time. I get my haircut there, andl can pay as little as $3 during that period of time. You cannot go in the City ofMiami off-street parking garage and spend a couple of hours or so under 8 or $10. I have the pricing list here, and which is ridiculous, and that's the problem. If you don't resolve the cost of people coming downtown, people -- you can make it beautiful, but who's going to come? You say the local residents as they will come in the next 20 years, but the shops today don't get them. Twenty years from now, maybe the population living downtown will be substantially greater than it is today, andl think it will be, but not now. And so we're worried about today, and today is we don't have economical parking downtown; our employees, I have to pay for their parking, and it's gone up from 75, then it was 100, then it's 135, and whatever, and it keeps going up, andl have eight employees that I have to pay the parking for to keep them working, and that's true with everyone else. Then in the parking on the streets, it's by employees who work downtown. So there is no parking for people coming downtown for the meters. So if you go into a garage or you go into a lot, a private lot downtown, it's prohibited. You might as well order online or take the time to go to Dadeland or anywhere else but downtown Miami. So my point is this: If we're going to be assessed -- and I'm not complaining about the assessment. I'm not complaining about the improvements you want to make. But if you're going to do all this, and don't figure out a way to make parking more economical downtown, then this is going to be a total failure. Maybe 20 years from now, they'll look back and say, "Yeah, it's nice; we'll keep it. We need to change it and update it." And there'll be another assessment. But the point is thatl think you better consider or should consider parking. The other thing is I, for a long time -- I've been here in Miami for many, many years, and the Parking Authority was created to provide inexpensive parking for downtown residents. That was the purpose of it. And only the City ofMiami Page 29 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commission, by law, can set the rates. This Commission is responsible for the high rates that we have downtown, not the Off -Street Parking Authority. So therefore, I would think you ought to give some consideration if you really want downtown to improve, when that improves, property taxes go up. When property taxes go up, the City gets more money. You can do -- benefit everybody. So that's all can say, and thank you very much. Appreciate -- Chair Gort: Thankyou, sir. Mr. Fiorini: -- the chance to talk. Chair Gort: Thankyou. Commissioner Sarnoff. Thank you. Chair Gort: Appreciate it. Is anyone else in the public would like to address this issue? Seeing none, hearing none, close the public hearing. Mr. Hannon: Excuse me, Chair. Chair Gort: Yes, sir. Mr. Hannon: I do have two minor amendments to make to the legislation. Chair Gort: Go right ahead. Mr. Hannon: The first amendment involves page 2 of the resolution; and the second "whereas" clause, it should reflect "The Miami Herald" and not the "Daily Business Review," and the second amendment, it's a -- a resolution number needs to be inserted into the body of the legislation on page 2 of the legislation involving the fourth and seventh "whereas" clauses, and the resolution number is R-14-0167. Chair Gort: Thankyou. Commissioner Sarnoff. Think we've had the motion, I think, right? Mr. Hannon: Yes, sir. Chair Gort: Maker of the motion and a second by -- Mr. Hannon: If the maker of the motion would not mind accepting the minor amendments. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. END OF PUBLIC HEARINGS ORDINANCES - SECOND READINGS SR.1 ORDINANCE Second Reading 14-00194 City ofMiami Page 30 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Wynwood Business AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Improvement District 2/ ARTICLE XI/DIVISION 21, OF THE CODE OF THE CITY OF MIAMI, (BID) Board FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/VVYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD", MORE PARTICULARLY BY AMENDING SECTION 2-1317(A) TO MODIFY THE PROCESS FOR ELECTING FUTURE BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00194 Memo - Wynwood BID SR.pdf 14-00194 Pre -Legislation FR/SR.pdf 14-00194 Legislation FR/SR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo 13453 Chair Gort: Second reading amendment, that's been deferred, right, SR.1? Daniell Alfonso (City Manager): SR.1 is Wynwood. Chair Gort: Um-hmm. Oh, I'm sorry. This is -- yeah, okay. Tom Curitore: Good afternoon. Tom Curitore, executive director of the Wynwood Business Improvement District, 310 Northwest 26th Street, Suite Number 1, Miami, Florida 33127. This is a second reading of the ordinance -- an ordinance of the Miami City Commission, amending Chapter 2/Article 11/Division 21 of the Code of the City ofMiami, Florida, as amended, entitled Administrations and Boards, Committees, Commissions and Wynwood Business Improvement District"; more particularly by amending Section 2-1317(A) to modift, the process for collecting future board members; containing a severability clause and providing for an effective date. Chair Gort: Thank you. Is there a motion? Vice Chair Hardemon: May I? Madam City Attorney? Chair Gort: Yes. Vice Chair Hardemon: I was looking at Section 2-13227, and in that section -- Mr. Curitore: Two -- Vice Chair Hardemon: Two dash -- Mr. Curitore: -- thirteen seventeen. Chair Gort: Excuse me. Mr. Curitore: I'm sorry. Vice Chair Hardemon: Two dash thirteen two two seven where it speaks of "counsel." It says, "The Office of the City Attorney shall provide legal services to the BID (Business Improvement District) Board as may be necessary and requested by the BID Board." City ofMiami Page 31 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Victoria Mendez (City Attorney): This is just in the regular ordinance; not in the legislation -- Vice Chair Hardemon: Right, I know. Ms. Mendez: -- that we have. Okay. Vice Chair Hardemon: I know, but I -- Ms. Mendez: No, I'm just confirming. Vice Chair Hardemon: No, no. IfI wanted to make changes -- say, for instance, ifI wanted to make a small change to that, couldl make that change here today? Ms. Mendez: In this legislation -- The problem is that this legislation only really addresses the slate. What change? How minor is it? Vice Chair Hardemon: Well, it's minor, but in legal terms, I would say that it's major in a sense. But I wanted to add the word Peasonable, 'Shall provide reasonable legal services. It's not -- and to make clear what I'm doing here. As I read through the ordinance, what I realize is that -- and I wasn't here when this was formed, but -- I don't believe so, but -- Ms. Mendez: No, I know. Vice Chair Hardemon: When you see "shall provide legal services," it's such a definite statement, and we want to be able to provide legal services, but we don't want to do it at the detriment of the City Attorney. So by adding the term "reasonable," it shows you that we want to work with you, but there is a level of reasonability thatl think we owe to the citizens of the City ofMiami. Ms. Mendez: I believe that the Charter already provides me that flexibility. If it's something that I cannot or do not think that's within our scope, within our office, or is not reasonable, I would obviously come to the Commission and advise you of that. Unfortunately, in this -- though I appreciate -- I sincerely appreciate the fact that you're thinking of our office and our constraints, and also because of the citizens, unfortunately, this one, as advertised, it just talked about electing the future board members, so it was very -- if it would have been like more of a bigger change to the ordinance, we could have probably just put that in, but we limited it just to the electing of the board members and the one section we were changing. Vice Chair Hardemon: Well, seeing that you have that authority in the Charter, I think that's probably sufficient to make it happen. So with that being said, I move this item. Ms. Mendez: Thank you. Chair Gort: It's been moved -- Commissioner Suarez: Second. Chair Gort: -- by Hardemon; second by Commissioner Suarez. Any further discussion? Commissioner Suarez: If you'll make it. Commissioner Sarnoff. Second. Chair Gort: Being none, it's an ordinance. City ofMiami Page 32 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Mr. Curitore: Thank you. Commissioner Sarnoff. We got to vote, right? Ms. Mendez: Ordinan -- well, it was already read into the record. Do I read it again? ToddB. Hannon (City Clerk): No, ma'am. Can you just open up your public hearing? Chair Gort: Sorry about that. It's a public hearing. Is anyone in the public that would like to address this issue? No. Thank you. Seeing none, hearing none, the public hearing -- Mr. Hannon: Your roll call. Chair Gort: -- is closed. Mr. Hannon: Roll call on item -- Chair Gort: No. Did she read the ordinance already? Mr. Alfonso: Yes, she did. Chair Gort: She did, okay. Roll call. Mr. Hannon: Roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. Commissioner Suarez: (UNINTELLIGIBLE) confusing. Vice Chair Hardemon: They messed up my name. (UNINTELLIGIBLE). Commissioner Suarez: Exactly. Mr. Curitore: Thank you for your continued support of Wynwood. Chair Gort: SR. 2. Commissioner Suarez: You're welcome. Absolutely. SR.2 ORDINANCE 14-00238 Second Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner Marc 10/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS DavidSarnoff AMENDED, ENTITLED "BUILDINGS/SECURITY SCREENS AND SHUTTERS," MORE PARTICULARLY BY AMENDING SECTIONS 10-111 THROUGH 10-114 AND CREATING A NEW SECTION 10-115 TO EXPAND THE SECURITY SCREEN AND SHUTTER REQUIREMENTS TO THE DOWNTOWN DEVELOPMENT DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00238 Legislation SR.pdf City ofMiami Page 33 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon 13454 Daniel J. Alfonso (City Manager): SR.2, Commissioner Sarnoff. Commissioner Sarnoff. Yes, sir. This is the famous shuttle ordinance, which we have seen, re -seen [sic], and seen again. I can tell you all that we have $3 70,000 presently available. We ordinarily bring up about $300, 000 annually. Nobody has ever exhausted that amount of money. Commissioner Suarez: It's a matching program, right? Commissioner Sarnoff. It is. It -- yes. In the downtown, it is a 50 percent match, that's correct. Chair Gort: Okay. Commissioner Sarnoff. Wait, Mr. Commissioner. It's -- Chair Gort: Yes. Commissioner Sarnoff. -- more than a 50 percent match. Commissioner Suarez: I thought it was 75 percent. Commissioner Sarnoff. Yeah. It's 50 percent -- it's 75 percent to remove; 50 percent match to put up the new. Chair Gort: Okay, it's the second reading. It's a public hearing. Is anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearings. Do I have a motion? Commissioner Sarnoff. I'll move. Commissioner Carollo: 171 second; and quick discussion. Chair Gort: Discussion. Commissioner Carollo: Thank you, Mr. Chairman. Yes, I see the $300, 000 under your discretionary projects and programs, line item incentive programs. Now, in all fairness, I just received this two minutes ago, but I see it; it's clear. But -- Commissioner Sarnoff. I gave that to Danny Alfonso to give to you at the last Commission meeting. Commissioner Carollo: Yeah. Mr. Alfonso: Commissioner, ifI may, expand on the details. What we got was an e-mail (electronic) with the line item explanation. What he has received shortly -- a few minutes ago is the actual budget of the DDA (Downtown Development Authority) with a specific line item breakdown. Commissioner Carollo: Exactly, as opposed to talk about the program and stuff like that. Commissioner Sarnoff. Yeah. Okay, fair enough. You know what? City ofMiami Page 34 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: So -- but the bottom line is, I received the information that I need. I just wanted to make sure if -- we're saying that you budgeted for it, and there's monies for that; that I want to make sure that we did see it, so (UNINTELLIGIBLE). Commissioner Sarnoff. And that's historically been the number, Commissioner, for -- before I got there. Commissioner Carollo: I get you. I just -- you know, I wanted to verin, it, so we're good. Chair Gort: Okay, any further discussion? It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. ToddB. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. SR.3 ORDINANCE Second Reading 13-01021 Miami Parking AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Authority 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/ COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," MORE PARTICULARLY BY AMENDING SECTIONS 35-220 THROUGH 35-250 TO UPDATE THE DESIGN DISTRICT PARKING IMPROVEMENT TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 13-01021 Summary Form SR.pdf 13-01021 Legislation SR Version 5.pdf 13-01021 Exhibit SR Version 5.pdf 13-01021-Submittal-Commissioner Hardemon-Modifications made to the legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item SR.3 was deferred to the May 22, 2014 Planning and Zoning Commission Meeting. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READINGS FR.1 ORDINANCE First Reading 14-00345 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/ IN GENERAL", MORE City ofMiami Page 35 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 PARTICULARLY BY CREATING NEW SECTION 54-4.1, ENTITLED "PUBLIC ALLEYS", TO CLOSE AND VACATE CERTAIN PUBLIC ALLEYS THAT ARE NOT PAVED AND ARE NOT UTILIZED FOR VEHICULAR OR PEDESTRIAN ACCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00345 Summary Form SR.pdf 14-00345 Legislation SR Version 2.pdf 14-00345 Exhibit SR Version 2.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Chair Gort: SR. 3. Todd B. Hannon (City Clerk): Chair, that was deferred to May 22. Chair Gort: Right. FR.1. Daniel J. Alfonso (City Manager): FR.1. Nzeribe Ihekwaba (Director, Public Works): Good afternoon. Zerry Ihekwaba. FR.1 is an ordinance to amend Miami City Code Chapter 54, entitled Streets and Sidewalks/In General," to close and vacate certain unused public allies within the City. Public Works' staff have conducted a comprehensive audit of public alleys within the City, and as estimated, about 608 alleys as being on the record. Out of that 608 alleys, about 50 percent of those -- exactly 311 -- are considered to be not serving the public benefit purpose, such that in order to eliminate further blight in those areas, illegal dumping, illicit activities, homelessness, and also to reduce crime and related activities, such as drugs and prostitution, encourage clean and beautiful neighborhoods, and also to promote and enhance (UNINTELLIGIBLE) maintenance according to residents' needs, promote safety, property fences, to safeguard homes, and also a general permitting compliance. We have estimated that it is in the best interest of the City and the public to vacate and close these alleys. In the second reading of this ordinance, Public Works will be providing the exact list and locations with maps of those locations. Any question? Chair Gort: Thank you. Commissioner Suarez: I'll move it. Chair Gort: It's been moved by Commissioner Suarez. Second -- Vice Chair Hardemon: Second. I'll second it. Chair Gort: -- by Vice Chairman Hardemon. It's a public hearing. Is anyone would like to address --? Mariano Cruz: Me, yeah. Chair Gort: Yes, sir. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. I agree with this ordinance, because there are many, many problems. Even we got some problems there on -- between 28 and 29th Street, 12th and 13th Avenue, but I talk there and they fix it or improving and put the paint, but not everybody knows how to complain or whatever. I agree; they got the other, but they should have inspectors out there checking, because, remember, like I told you, the garage ordinance. City ofMiami Page 36 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 The people were still selling there, okay? Maybe this Sunday I will check again and make sure. It looks like a flea market there, you know, flea market. That's where the people will parking and everything, andl saw them -- three, four blocks from your house -- three blocks from your house, too, andl saw them, okay. Thankyou. Chair Gort: Thankyou. Anyone else? Seeing none, hearing none, close the public hearings. Vice Chair Hardemon: Mr. Chairman, I have a question. Chair Gort: Yes, sir. Vice Chair Hardemon: When we close these public alleys, they -- of course it reverts back to the original ownership, so some people's, no matter how minute it may be, their property taxes may increase. But one thing that we're doing is we're changing a long-standing understanding between the City residents and the City that those public alleys were public alleys, and they were supposed to be maintained by -- no? You're shaking your head it's "no." Mr. Ihekwaba: Okay. The Miami Code, in Chapter 22-5, clearly requires that the abutting property owners maintain the public areas adjoining their properties, which are the swale areas, the sidewalks, and the alleys. Vice Chair Hardemon: Okay. Mr. Ihekwaba: However, the alleys that we're considering to vacate and close are those alleys that are unpaved or has been encroached upon by the abutting property owners. We have photographs. Some of these locations you're not going to be able to determine that there's an alley there -- Vice Chair Hardemon: Okay. Mr. Ihekwaba: -- because they're already in the backyard of people's homes, and those fences and walls were erected without permits. So we just want to bring people into compliance, eliminate the issue that the alley exist on paper in Public Works records, but actually, in the field, they don't exist. And by definition, an alley is a thoroughfare that is on the streets that is meant solely for vehicular access to the sides and the back yard of properties. And in reality, these alleys are not serving the purpose. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Thankyou. Yes. Commissioner Suarez: I just want to add that to me, this is kind of common sense legislation. I commend Zerry for kind of listening to comments that we've made in the past about how improperly or inadequately the City maintains alleyways, andl think this makes imminent sense, and, you know, it's something that I can support. Chair Gort: Thankyou. Anyone else? Commissioner Carollo: Mr. Chairman. Thank you. Chair Gort: Yes, sir, you're recognized. Al Crespo: Hi. Al Crespo. You know, at the last meeting there was a discussion about a street being closed, and it created a lot of controversy, andl thought about that afterwards and about the administrative charge of $2 per square foot. Andl thought about the fact that whenever that City ofMiami Page 37 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 $2 of per square foot was imposed was some time ago. Andl think if you wanted to try to reach some fairness and to alleviate some of the concerns of people who have, you know, the concern that streets are being given away that are very valuable, that you ought to revisit that $2 square foot based on today's dollars, because if those $2 were set 20 years ago or 30 years ago, that would be a considerably larger amount of money today, which might give the City some more money, which is really what everybody's concerned about, right, 'cause that's why people come up here like -- and that's why I've argued, because you can't say, "We're broke; we have no money, " and when there's an opportunity to obtain some money that you don't avail yourselves of that. So maybe you might want to revisit that $2 per square foot and see what it would be in today's dollars. Chair Gort: Thank you, sir. Anyone else? Commissioner Suarez: Yeah, andl think when it comes to an administrative fee of any -- Chair Gort: Excuse me. Let me close the public hearing. Seeing none, hearing none, we close the public hearings. Yes, sir, you're recognized. Commissioner Suarez: I think -- thank you, Mr. Chair. I think -- whenever it's an administrative fee, it has to be -- can never exceed the cost to administer. So, I mean, you probably have a good point. There's probably -- you know, it probably makes sense to look at it, you know what I mean, and see if our charge is in line with what it cost us to actually administer whatever that process is. It doesn't seem to me to be a very complicated process. Probably doesn't require much, but nevertheless, instead of it two -- being three or four, whatever the case may be, I mean, it's worth exploring that. I don't think it's a big deal. Commissioner Sarnoff. No, but -- Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. But I think you said it best at the last meeting. There's a misperception of the fact that the City thinks or some people think the City owns that street. Commissioner Suarez: Correct. Commissioner Sarnoff. It does not own the street Commissioner Suarez: Right. Commissioner Sarnoff. And that street is only there for the adjacent properties, and once those adjacent properties have no need for that street, so long as it's in the public's best interest, we are mandated to, you know -- Commissioner Suarez: Yeah. Commissioner Sarnoff. -- vacate that street. Commissioner Suarez: I agree, andl think -- I'll be honest with you. It's one of the most reasonable comments I've ever heard Mr. Crespo make since he's been here. One of the most -- I think this is one of the most reasonable comments that you've made since you've been here, andl think it's actually well -reasoned. I mean, I think the point is that for people that are skeptical of the City that maybe we should take a look at the one fee that probably is assessable and whether or not that fee is in line with the cost, which is really the upward ceiling. Commissioner Sarnoff. But you got to -- City ofMiami Page 38 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: My understanding -- Yes, go ahead. Commissioner Sarnoff. You have to decouple the logic that there's this gross misunderstanding Commissioner Suarez: Oh, I agree. Commissioner Sarnoff. -- that -- Commissioner Suarez: No, no. Commissioner Sarnoff. I thought you did a great job of explaining -- Commissioner Suarez: No. Commissioner Sarnoff. -- these are not our streets. Commissioner Suarez: I agree. Commissioner Sarnoff. And -- Commissioner Suarez: But he's -- I think he's -- what I'm trying to say -- I'm trying to give him a little bit of credit, 'cause I think he's taking a very reasonable -- usually, he would just blast us, but he's taking a -- Mr. Crespo: I accept that argument. I'll accept the argument. Commissioner Suarez: Yeah. Mr. Crespo: I'm just saying -- Commissioner Suarez: Yeah, yeah. I think he's taking a reasonable position. He's trying to say, "Look, okay, I accept the argument, but maximize what you can get." Mr. Crespo: Thank you. Commissioner Suarez: Right. Commissioner Sarnoff. But be careful -- Commissioner Suarez: Which I agree with. Chair Gort: Excuse me. Are you finished? You through? Commissioner Suarez: With your -- of course, absolutely, yes. Commissioner Sarnoff. And I'm just saying be careful that it's -- it can't be more than the administrative cost necessary. Commissioner Suarez: Of course. Commissioner Sarnoff. Right. Commissioner Suarez: Right. Andl think --yeah. I don't think anybody's saying anything City ofMiami Page 39 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 contrary to that. Commissioner Sarnoff. Okay. Chair Gort: Thankyou. Victoria Mendez (City Attorney): Mr. Chair, ifI may? Just to point out, between first and second reading, the title will change a little bit, because it'll say "with attachments," and we're going to put the alleys, the list of all the alleys that are going to be closed and vacated pursuant to this ordinance. And also, just so that it's clear that these -- when these are closed out, they become pretty much utility easements. Chair Gort: Thankyou. Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Everything thatl wanted to address, I think, has already been stated. The one thing that I want to make sure that the director and the City Manager knows that I do want a list of all those alleyways to see exactly what's being closed or not. Did you just send it? Mr. Alfonso: Yes. Commissioner Carollo: 'Cause I know -- Mr. Alfonso: Yes, Commissioner, we sent it to your office. Commissioner Carollo: When? Mr. Alfonso: The day that we spoke. Commissioner Carollo: Yes. Okay. Okay, 'cause I haven't seen it, but that's fine. I just want to make sure that we have that -- Mr. Ihekwaba: You have it. Commissioner Carollo: -- list. Okay. Mr. Ihekwaba: Yeah. Commissioner Carollo: I'll verify with my staff. Thankyou. Chair Gort: Okay. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. FR.2 ORDINANCE 14-00346 First Reading City ofMiami Page 40 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY CREATING A NEW SECTION 55-16, ENTITLED "CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW, TO ADDRESS THE CONSIDERATION OF EASEMENTS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00346 Summary Form FR.pdf 14-00346 Notice to the Public FR.pdf 14-00346 Legislation FR.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: FR.2. Victoria Mendez (City Attorney): Chairman, this item, FR.2, was subsumed, and the language in this legislation is incorporated into the next one, which is FR.3. Chair Gort: Okay, FR.3. Ms. Mendez: So we will withdraw FR.2, and whoever wanted to speak on FR.2 can speak on FR.3, because the language is in there. Vice Chair Hardemon: I move to withdraw FR.2. Commissioner Carollo: Do we -- Chair Gort: Okay, it's been motion -- Commissioner Carollo: -- need to withdraw? Chair Gort: We have to. Commissioner Carollo: Second. Chair Gort: It's been moved and second. All in favor, state it by saying aye." The Commission (Collectively): Aye. FR.3 ORDINANCE First Reading 14-00344 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"; AND CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS", TO UPDATE REFERENCES TO AND COMPLIANCE WITH CURRENT CITY OF MIAMI AND STATE OF FLORIDA RULES AND REGULATIONS, TO DELETE OBSOLETE REGULATIONS, TO CORRECT ERRATA, TO CREATE A NEW SECTION 55-16, ENTITLED "CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE City ofMiami Page 41 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 ABANDONED AS A MATTER OF LAW', TO ADDRESS THE CONSIDERATION OF EASEMENTS AND ALLEYS WHEN ALLEGED TO BE ABANDONED AS A MATTER OF LAW, AND TO ALLOW ENCROACHMENTS INTO SOUTHEAST 3RD STREET AND SOUTHEAST3RDAVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 14-00344 Summary Form SR.pdf 14-00344 Notice to the Public SR.pdf 14-00344 Notice to the Public FR.pdf 14-00344 Legislation SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez Chair Gort: Okay, FR.3. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. FR.3 is an ordinance to amend Chapters 54 and 55 of the Miami City Code to update references and compliance with City ofMiami and State of Florida rules and registrations, to delete obsolete regulations and correct printing errors. This is a comprehensive rewrite of the Miami City Code as it pertains to sections that deal with public rights -of -way and subdivision regulations. Back in 2009 an ordinance, 13807, was adopted in September of '09, and that ordinance is reflected in -- is not currently reflected in Municode, but it's been reflected in this rewrite. Obsolete references to Zoning Ordinance 11000 has been corrected to reflect Miami 21, and references to South Florida Building Code have been corrected to reflect Florida Building Code. I must mention that there is a negotiated agreement with Met Square for right-of-way encroachments along Southeast 3rd Avenue and 3rd Streets [sic], which is in (UNINTELLIGIBLE) with Resolution 14-0135 -- 134, that was adopted back in the second meeting of March 2014 in order to account and reflect for archeological findings and to make preservation and interpretation efforts for the Met Square development. That negotiation and the ordinance that was passed is reflected in these comprehensive rewrites in Section 54-186 in base building lines. And also, there are certain obsolete regulations that have been deleted that are no longer applicable. Any question? Chair Gort: Okay, thank you. It's a public hearing. Is anyone would like to address FR.3? Anyone in the public would like to address FR.3? Seeing none, hearing none, close the public hearings. Victoria Mendez (City Attorney): An ordinance of the Miami -- oh, I'm sorry. Chair Gort: We need a motion. Ms. Mendez: Sorry. Commissioner Sarnoff. Move it. Chair Gort: It's been moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney City ofMiami Page 42 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.1 13-01406 Department of Capital Improvements Program Todd B. Hannon (City Clerk): Roll call on item FR.3. Vice Chairman Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes on first reading. Mr. Hannon: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 4-0. Chair Gort: Thank you, Zerry. Good job. END OF ORDINANCES - FIRST READINGS RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN THE AMOUNT OF $1,000,000.00, FROM THE MIAMI FOUNDATION, INC., C/O THE PLAY TO WIN FUND, A FLORIDA NON-PROFIT CORPORATION, FOR THE GYMNASIUM AT GIBSON PARK PROJECT, B-30305B; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT ACCEPTANCE AGREEMENT, IN FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 13-01406 Summary Form.pdf 13-01406 Legislation.pdf 13-01406 Exhibit - Agreement.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0177 Chair Gort: RE.1. MarkSpanioli: Good afternoon, Commissioners. Mark Spanioli, director of Capital Improvements & Transportation. RE.1 is a million -dollar grant from the Miami Foundation. This is for the construction of the indoor basketball gymnasium at Gibson Park. This, along with the companion item, RE. 2, will shore up all funding for the project. Chair Gort: Thank you. Do I have a motion? City ofMiami Page 43 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.2 14-00337 Department of Capital Improvements Program Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Carollo: Second. Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $1,000,000.00, FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), FOR THE GYMNASIUM AT GIBSON PARK, PROJECT, B-30305B; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ADDENDUM TO THE EXISTING GRANT AGREEMENT WITH THE SEOPW CRA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 14-00337 Summary Form.pdf 14-00337 Pre-Legislation.pdf 14-00337 Legislation.pdf 14-00337 Composite Exhibit 1.pdf 14-00337 Composite Exhibit 2.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0178 Chair Gort: RE. 2. Mark Spanioli (Director, Capital Improvements Program): Good afternoon again, Commissioners. Mark Spanioli. RE.2 is also a million -dollar grant. This is from the Southeast Overtown/Park West Community Redevelopment Agency. This is for Gibson Park indoor basketball gymnasium. This, along with the RE.1 that was just passed again, will shore up the funding for the project. And RE.2 was contingent on the million -dollar grant from the private donor. Chair Gort: Thank you. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by -- Commissioner Suarez: Second. Chair Gort: -- Vice Chairman Hardemon; second by Commissioner Suarez. Any further City ofMiami Page 44 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.3 14-00342 Office of Grants Administration discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Spanioli: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF REIMBURSEMENT GRANT FUNDS FROM THE CITIES FOR FINANCIAL EMPOWERMENT FUND, INC., IN AN AMOUNT NOT TO EXCEED $395,200.00 ("GRANT"), AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "SUMMER YOUTH EMPLOYMENT PROGRAM" FOR THE PURPOSES OF SUPPORTING 100 SUMMER YOUTH EMPLOYMENT OPPORTUNITIES, AS WELL AS RESEARCHING AND DEVELOPING PROGRAM COMPONENTS TO CONNECT PARTICIPANTS TO FINANCIAL COUNSELING AND BANKING OPPORTUNITIES (COLLECTIVELY, "PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AWARD AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FORA ONE (1) YEAR PERIOD, AND ANY AMENDMENTS, MODIFICATIONS, EXTENSIONS, AND RENEWALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCEPT THE GRANT AND TO IMPLEMENT THE PROGRAM. 14-00342 Summary Form.pdf 14-00342 Legislation.pdf 14-00342 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0179 Chair Gort: RE.3. Lillian Blondet (Interim Director): Good afternoon. Lillian Blondet, Office of Grants Administration. This resolution has to do with a grant we received to establish a summer youth program, jobs program. We're going to be able to hire a hundred City residents, ages 16 to 19. The students -- or the youth has to reside in the City in low- to moderate -income areas, and the program will start as soon as school is over, sometime in mid -June. Any questions? Vice Chair Hardemon: I have a question. Chair Gort: Yes, sir. Vice Chair Hardemon: HI have -- Ms. Blondet: Okay. City ofMiami Page 45 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: You're recognized. Vice Chair Hardemon: Thankyou very much, Mr. Chairman. IfI have youth who are interested in the program, do you want -- do you still have slots available for them? Ms. Blondet: We are -- because of the short time with this grant, we already started working with the schools in the City ofMiami and the Career Center to be able to get the hundred students. So if you have someone, you can refer them -- we're working with Miami Edison, Miami Senior High, Booker T., Miami Jackson, and the City ofMiami Career Center. Vice Chair Hardemon: Okay. Ms. Blondet: So they can be referred -- probably next we're going to start the -- filling out applications. Vice Chair Hardemon: So, for instance, ifI have a student that may live in a distressed neighborhood but does not attend one of those schools, would he still be able -- he should still be available to --? Ms. Blondet: He should go -- he should be able to go to the Career Center at Lindsey Hopkins, and then we will consider the student. We expect to have a lot more students, you know, applying than we have spaces. Vice Chair Hardemon: Okay. Thank you. Chair Gort: Question: My understanding, the needs are very high? Ms. Blondet: Yes. Chair Gort: What criteria are you going to use to select the hundred students? Ms. Blondet: We are working with the schools, and the schools are referring the students. That's what -- you know, one of the criterias, so they are doing some of the selection for us or helping us select the students. But they have to live in areas that are low- to moderate -income. Chair Gort: We understand. Yes, okay. Any other questions? Ms. Blondet: Want me to read that? Chair Gort: Go ahead, read it. Ms. Blondet: RE.3 is a resolution of the Miami City Commission, with attachments, authorizing the acceptance and appropriation of reimbursement grant funds from the cities from Financial Empowerment Fund, Inc., in an amount not to exceed $395, 200, and establishing a new special revenue project entitled Summer Youth Employment Program'for the purpose of supporting a hundred summer youth employment opportunities, as well as researching and developing program components to connect participants to financial counseling and banking opportunities; further authorizing the City Manager to negotiate and execute the award agreement, in a form acceptable to the City Attorney, for a one-year period, and any amendments, modifications, extensions, and renewals, in a form acceptable to the City Attorney, in order to accept the grant and to implement the program. Chair Gort: Thankyou. Any further discussion? Being none, all in favor -- Todd B. Hannon (City Clerk): Chair, I need a motion. City ofMiami Page 46 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.4 14-00343 Office of the City Attorney Chair Gort: I thought we had a motion. Commissioner Sarnoff. Moved. Mr. Hannon: No, sir. Chair Gort: Moved by Commissioner Sarnoff. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Blondet: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF MANUEL SAN JUAN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $100,000.00, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATIONAGREEMENTAS WELLASA GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.524000.0000.00000. 14-00343 Memo - Office of the City Attorney. pdf 14-00343 Memo - Financial Sign-Off.pdf 14-00343 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0180 Chair Gort: RE.4. RE.4. Victoria Mendez (City Attorney): RE.4 is a settlement with regard to Manuel San Juan. It's dealing with three workers' compensation cases, to the sum of $I00, 000, to deal with a settlement of all claims against the City ofMiami. This -- one of these claims has to do also with a heart bill, and so these can get very expensive. So it would be a great cost savings to the City in order to deal with all three workers' comp claims for $I00, 000. Commissioner Sarnoff. Move it. Chair Gort: It's been moved by Commissioner Sarnoff. Is there a second? City ofMiami Page 47 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.5 14-00361 Office of the City Attorney Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIO PORTILLO AGUILAR THE TOTAL SUM OF $140,000.00, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF JULIO PORTILLO AGUILAR VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 12-40940 CA 10, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 14-00361 Memo - Office of the City Attorney. pdf 14-00361 Memo - Financial Signoff.pdf 14-00361 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0181 Chair Gort: RE.5. Victoria Mendez (City Attorney): RE.5 has to do with the case of Julio Portillo Aguilar. This would be settling this case for $140, 000. Unfortunately, the City really does not have any type of defense in this matter with regard to an officer that struck a pedestrian. There's no comparative negligence or comparative fault. The cap on this case is $200, 000. We would be saving $60, 000 in summary judgment. The City already lost with regard to that on liability, so unfortunately, this would be a good result. There's no -- Commissioner Sarnoff. Move it. Ms. Mendez: -- defense to it. Chair Gort: Been moved by Commissioner Sarnoff. Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. City ofMiami Page 48 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.6 14-00385 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE Commissioner Marc MISSION OF THE MIAMI PETS' TRUST AND URGING THE MAYOR AND David Sarnoff BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY TO IMPLEMENT THE WILL OF THE PEOPLE AS APPROVED BY THE 2012 PETS' TRUST BALLOT INITIATIVE AND TO FUND THE IMPROVED ANIMAL SERVICES PROGRAMS IN THE 2014-2015 MIAMI-DADE COUNTY BUDGET; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE MAYOR AND BOARD OF COMMISSIONERS OF MIAMI-DADE COUNTY. 14-00385 Back-Up.pdf 14-00385 Legislation.pdf 14-00385-Submittal-District 2-Yes Votes By District.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon R-14-0182 Chair Gort: RE.6, report from Miami Pets' Trust. Commissioner Sarnoff. Thank you, Mr. Chair. It's a resolution of the City ofMiami asking us to support the Pets' Trust exactly as the people have voted for it. And I'd like to put a little meat on the bones. In November 2012, the people ofMiami-Dade County took part in a nonbinding straw ballot poll to increase the countywide general fund by .0179 mills to fund the improvement of the Miami -Dade Services Program. The money would decrease the killing of adoptable dogs and cats, which is currently running at approximately 20,000 animals annually. It would reduce the stray cat population that's a big problem in our County and our community, which is estimated at about 400, 000. It would fund free and low-cost spay neuter programs, low-cost veterinarian [sic] -- excuse me -- veterinarian programs and responsible pet ownership education programs. The response was overwhelmingly in favor of increasing the millage to fund the program. If you just look at the map, very clearly, you can see, each one of you, by district, how each Commissioner's district -- not from our district, but from the County Commissioner's district did, and you could see that's going to be in the upwards of a high 60 percent people -- 60 percent voted for it. The Pets' Trust created a comprehensive plan of action that would reach out to about 31 national experts to make sure the County would spend the money in an effective manner. The Pets' Trust worked closely with Miami -Dade County Animal Services for four months to make sure the plan would be possible and efficient. All 13 Commissioners approved the plan; however, the Miami -Dade Commission did not follow the straw ballot with eight Commissioners voting against it in July 2013. To juxtapose this in the conversation we just had is very difficult, but let me just cite Gandhi: "The greatness of a nation can be judged by the way it treats its animals," and that was, of course, Gandhi. I, of course, have personal reasons for loving animals. We're very big animal lovers in our house. You may have your own reasons for supporting it, but here's some very valid reasons: It fights overpopulation; it does save animals; finds them good homes; animals are a part of our society; it gives animals a voice. The payment is extremely miniscule. Some have described it as a cup of Starbuck's coffee. Miami Springs City Council a few days ago approved the very same resolution I bring before you, joining Homestead, Doral and Miami Beach. I think the founder of this organization, Michael Rosenberg, is here. If you'd like to speak, Michael, I would ask the Chair to give you a quick two minutes just to speak about it, and then I would make the motion to approve it, Mr. Chair. City ofMiami Page 49 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: I understand that we have three individual who would like to speak. Michael Rosenberg. Rita Schwartz: Hi. I'm Rita Schwartz, 7100 Southwest 133rd Street. I'm the co-founder of the Pets' Trust. During my 25 years of rescuing animals, I have learned that the only answers to overpopulation is aggressive spay and neuter. You cannot adopt your way out. You cannot foster your way out. There are just too many animals. We need to reduce the number of animals that are available for adoption, and the only way to do this is an aggressive spay and neuter program. The goal of the Pets' Trust initiative is to end the senseless killing of healthy, adoptable animals and promote responsible pet ownership. Miami -Dade Animal Services is currently claiming an 86 percent no -kill rate at their shelter. For the last year, they have not been taking in cats, and as of January 6 of this year, they are no longer taking in owner surrender of dogs, and on many occasions, they have closed intake to strays. Here is a picture of what is in front of their gate most of the time. It says, Dog receiving is closed today. Cat receiving is closed today. "This is how they make their numbers look good. The strays -- while the rest of the County is plagued with unwanted animals being dropped off and left to wander the streets, they become sick and die an even more horrible death, they are left to fend for themselves, and often become the target of alligators or snakes. They are hit by cars and left to die on the side of some lonely road. There are now over 450,000 Ferro free -roaming cats in Dade County, and since we don't have the resources to perform the hundred plus -- I'm sorry -- 100, 000plus spay and neuter surgeries needed to get to the root of the problem, it will continue to get worse. This is inhumane beyond belief. The National Humane Society just declared Homestead one of the worst areas in the entire state for dumping animals. Euthanasia is the practice of ending the life of an animal with a terminal illness or incurable condition. And while many pets are put down for these reasons, thousands of healthy, adoptable animals are put down simply because there is no room for them. Historically, we have been killing 20,000 animals a year. In reality, the cost to the taxpayers to kill an animal is $300; the cost to spay -neuter that same animal is only $65. It is not only morally wrong to euthanize for overcrowding; it is not cost-effective. Five hundred thousand people, 65 percent of the voters, in Miami -Dade County voted to stop the killing. They said, "Yes, we'll pay an additional $15 for average household to stop the killing." They knew what they voted for, and the rest of the County watched. We have the solution for this problem. We developed it, made a plan for it, and the voters voted for it. This was not only the solution for us, but a role model for the rest of the counties to stop the needless, senseless killing. Thankyou. Chair Gort: Thankyou. Michael Rosenberg: Michael Rosenberg, 13030 North Calusa Club Drive, Miami, Florida. I have my own business here, but I'd like to help in the community when I see problems. And when I learned that that building on 74th Street off the Palmetto, after living here 30 years, I just drove by it; never really paid attention to it, but in talking to the head ofAnimals Services and finding out that we were killing 20,000 animals a year, that it had been going on for decades, 60 or 70 every day, there's nothing wrong with them; there's just too many; a hundred come in every day for 30 years at least. Andl realized that if we didn't do anything, it would just go forever. So I had a lot of discussions with the head ofAnimals Services, and we learned that spay- neuter is what we need to do aggressively; we needed the funding to do it, so I created the Pets' Trust, and along with Rita and other people, that movement started. And the Commissioners of Miami -Dade County and the Mayor said, "Let's put it on the ballot. "They allowed us to do it. There was a lot of work to get that to happen. And they voted unanimously to put it on the ballot, and they said, Good luck. You got three months to go out and convince the community to vote for this. "Well, with very little money but probably one of the biggest grassroots movements in the history ofMiami-Dade County, we went out and spread that word among its 2.6 million residents. One of the things that we did -- we had to be very, very creative. Five weeks before the election, I went and did this. You may have seen this picture. This is where I went and lived City ofMiami Page 50 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 in the animal cage for three days before the election, and it gathered lots of attention. The community learned what was going on with the animal situation and unanimously -- I mean, overwhelmingly, 65 percent of the community voted for it. In the City ofMiami, by the way -- God bless the City ofMiami -- over 100,000 people voted on this issue. You have any idea how many people voted for it in the City ofMiami? Sixty-seven percent of the people voted for the Pets' Trust, and it didn't get implemented. And so as the budget session begins this year, we're coming back to the Commissioners. We want resolutions from the different cities. You represent those voters that stood in line for four hours to cast those votes. I stood in line for six hours to vote; my vote didn't count. So I believe you owe it to the people in your community to pass this resolution and tell the Commissioners and Mayor we voted and it counts, and that's what we want this -- want to happen here today. Thankyou. Chair Gort: Irene Secada. Irene Secada: Irene Secada, 1172 South Dixie Highway, Coral Gables. I think at the time of the election, I lived in your district in Coconut Grove next door to my brother who still lives in your district, Commissioner Sarnoff, andl want to thank you for bringing this resolution forward. I'm one of the people who was silly enough to pick up my phone when these two people called and said Help."And as a long-time pet owner myself, one of eight children, we probably adopted every stray dog that came through the neighborhood. It's really hard to say "no" when a kid's begging your parent to take in a dog. And actually, there was one time where my mom was on her way to Peru, and my dad was on his way back, and we found a Shepard, and we told my dad that my mom said "yes," and what my mom really said was, `If your dad says it's okay" -- Anyway, that dog was a huge, huge, just positive influence in our family. My mom later called my youngest brother by his name, `Duke,'because they used to sleep in the same bed together. And I'm here today because of the great fondness I have had for all of the pets that have come through the Secada household, and it makes me really sad that such an easy fix to spay and neuter so that the overpopulation doesn't create these poor, helpless, defenseless animals that then just go the way of the one-way doors, as they used to say in one of the little children's movies that we watched. So I wanted to let you know today that Aventura, Cutler Bay, Key Biscayne, Miami Shores, Miami Gardens, North Miami, Surfside, and Palmetto Bay have it on their agenda in the next few weeks to take up this issue as well. Andl want to thank you for your time. I hope you vote in the affirmative, where we're looking forward to making big changes and making Miami -Dade County a no -kill county, leading the country in this regard. Thanks again for picking up the mantle on this, Commissioner Sarnoff. Chair Gort: Thank you. You remind me of Tatiana. That's my youngest daughter. She picks up all the dogs. Ms. Secada: I know Tatiana, andl think the world of her. Commissioner Sarnoff. So, Mr. Chair, on behalf of Nika, Zoe, Pete, Boe, Plug, and Zena, I make this motion. Chair Gort: AndAnesthasia. There's a motion. Is there a second? Commissioner Carollo: Second. Chair Gort: All in favor, state it by -- The Commission (Collectively): Aye. Chair Gort: Thankyou. Commissioner Sarnoff. Thankyou. Thankyou for (UNINTET,TIGIBT,F). City ofMiami Page 51 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.7 14-00212 City Manager's Office Chair Gort: We'll be back at 3: 30. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ADDITIONALATTORNEY'S FEES AND COSTS, FOR THE ENGAGEMENT OF THOMAS SCOTT, ESQ., OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI, IN THE MODIFICATION PROCEEDINGS BROUGHT IN THE CASE OF MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO.: 88-2406-CIV-MORENO, IN THE AMOUNT OF $225,212.49, WITH SAID FUNDS ALLOCATED FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00212 Summary Form.pdf 14-00212 Pre-Legislation.pdf 14-00212 Back -Up - Invoice.pdf 14-00212 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Chair Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Noes: 2 - Commissioner(s) Carollo and Suarez R-14-0188 Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Noes: 1 - Commissioner(s) Sarnoff (RE.7) 14-00212 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ADDITIONALATTORNEY'S FEES AND COSTS, FOR THE ENGAGEMENT OF THOMAS SCOTT, ESQ., OF THE LAW FIRM OF COLE, SCOTT & KISSANE, FOR REPRESENTATION OF THE CITY OF MIAMI, IN THE MODIFICATION PROCEEDINGS BROUGHT IN THE CASE OF MICHAEL POTTINGER, ET AL. VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO.: 88-2406-CIV-MORENO, IN THE AMOUNT OF $175,000.00, WITH SAID FUNDS ALLOCATED FROM THE NON DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. 14-00212 Summary Form.pdf 14-00212 Pre-Legislation.pdf 14-00212 Back -Up - Invoice.pdf 14-00212 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 52 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0188 Chair Gort: RE.9. Commissioner Sarnoff. RE.9. ToddB. Hannon (City Clerk): Chair, RE.7. Daniel J. Alfonso (City Manager): Yeah, RE.7. Chair Gort: Oh. Commissioner Sarnoff. RE.7 is me. We -- are we on RE.7? Mr. Alfonso: That's -- Chair Gort: Go ahead. Commissioner Sarnoff. All right. Mr. Alfonso: -- Pottinger. Commissioner Sarnoff. So RE.7, Mr. Chair, is the bill from Cole, Scott & Kissane. And what it is is the City ofMiami agreed to pursue the modification on Pottinger. And ifyou remember, on April 11, 2014, the City Commission affirmed, in a 5-0 vote, Resolution 13-00411, which directed the City Attorney to seek a modification of the Pottinger settlement, approving the hiring of the law firm of Cole, Scott & Kissane to represent the City Attorney, would -- the City Attorney, and authorize the expenditure of $75, 000 from DDA (Downtown Development Authority) funds to pay Cole, Cott [sic] & Kissane, pending approval by the Miami DDA Board. It was always contemplated the legal fees would be higher than the initial expenditure, and no cap was set by the Commission at the April 11, 2013 meeting. The decision to seek a modification of the Pottinger settlement was not unilateral; rather, it was sought by the citizens, stakeholders throughout the City ofMiami, by the Mayor, myself, the DDA, Miami Police Department, the City Attorney, and ultimately approved by unanimous consent by the entire City Commission. The Pottinger modification served the entire City, not just downtown. As of January 2014, 69 percent of the County's homeless population live on Miami streets. Of the City's total population that live on the street, 65 point -- 66.55 percent live in downtown, while 33.45 percent live in other parts of the City, so you can see that it's a problem throughout the City ofMiami. Cole, Scott & Kissane represented the City ofMiami, Mr. Chair, not just the DDA, and the contractual obligation to CS&K (Cole, Scott & Kissane) is with the City. What we presently have, the CDA [sic] has paid $75, 000, but pending right now is a bill in the amount of $228, 781. That is the pending bill. I'm asking that this Commission approve it so that we can move on from Pottinger, and the DDA will have borne $75, 000 of that bill -- of -- I apologize -- 75,000 and then the 228 left over by -- that's pending right now. Chair Gort: Okay. Commissioner Sarnoff. So I'd move it, Mr. Chair. Chair Gort: Is there a motion? Is there a second? Commissioner Suarez: I'm the only one that can second it, right? City ofMiami Page 53 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Right. Commissioner Suarez: Let me sit down for a minute. How much time do I have, Mr. Chair? I'll second it for discussion. Chair Gort: Okay, been moved and second. Discussion. You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. I think the heartburn results a little bit from, you know, the initial discussion about what the cap was going to be or what the expenses were going to be, and then I think, you know, you stepped up to the plate and said, "You know what? As the DDA, we'll take care of this," at least to the level of the initial estimate. I think it's always frustrating for you andl and for, I'm sure, Mr. -- you know, Commissioner Hardemon or for anyone, really, but for the attorneys, in particular, when you see that the fees just run away. They seem to run away. I'm not saying that, you know -- I know this firm and these are good people. You know what I mean? They've represented us ably and for free in some cases, so I have a soft spot in my heart for them. They represented me individually for free so -- you know, in one hearing, you know, with the -- when I was being challenged, andl think the Commissioner as well in a capacity as Commissioner. So, you know, it's just -- we got to find a way to keep control of this, you know what mean, when we do things like this, andl think that's the frustration. Commissioner Sarnoff. Andl appreciate that. I could tell you that Warren Bittner and myself spent a lot of time on this together. Commissioner Suarez: Yeah. Commissioner Sarnoff. We were meticulous and careful, because we did not want to have an enforcement case. We did not -- it did not end up being an enforcement case. You know what, Commissioner? I'm up here to ask for $228, 000. If you want to reduce it to something, I would Commissioner Suarez: I mean, I haven't gone through the bill, so I don't know what's reasonable. Andl know that their hourly fee is very reasonable. You know what mean? 'Cause I know it was when we hired them, and in past when we've hired them. They're under 400, if I'm not mistaken, so -- I mean, it's -- Victoria Mendez (City Attorney): The hourly -- Commissioner Suarez: Pinch my nerves. Ms. Mendez: -- fees are appropriate. My office is really good about raking people over the coals when they charge something that they're not supposed to or something that's inappropriate. The -- I mean, the hours are the hours that they worked, and the fees are what they are. This pretty much -- it's been in litigation for about a year, and then before that, it was a lot of lot of research, prep time just getting all the facts and figures together, which was about another ten months or so, so. Chair Gort: What is your recommendation? Ms. Mendez: I'm sorry? Chair Gort: What is your recommendation? Ms. Mendez: I think that we -- this is one of those things that we learn from, that we need to set some benchmarks, if that's what we plan to do in the future. This is -- they worked very hard on City ofMiami Page 54 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 this. It was a hard case, so I think that the fees are appropriate and -- Chair Gort: Listen, we've been going at this, I think, for the last ten years, and this is something that we needed to settle to take care of the gentlemen who spoke a little while ago talking about the problem that you have in downtown with people on the sidewalk, people sleeping and doing all kinds of things on the sidewalk. That's not only happening in downtown. It's happening in Overtown. It's happening in Little Havana. It's happening in Allapattah. It's happening in a lot of the neighborhoods. So if we can get the -- be able to enforce it a little better, eliminating some of the Pottinger requests and our police are being trained to make sure that they follow along, I don't have no problem with it. Yes, sir, you're recognized. Al Crespo: Al Crespo. I just have a question. Chair Gort: Address? Mr. Crespo: Oh, 689 Northeast 92nd Street, Miami Shores, Florida. I just have a question. Why is it that whenever difficult things come up like this and you have these professionals who profess to be professionals and so skilled, why is it that it's always a "Oh, well, it's a learning experience. Oh, well, we'll do it again better next time"? You know, aren't people hired because they're supposed to know this the first time out and that you don't do this as a learning experience? I just think that's something that needs to be considered here, because an awful lot of things happened where, all of a sudden, people who were supposed to be rocket scientists, when things go bad, they all of a sudden say, Well, I didn't know anything about that rocket,'j'ou know, so. You know, yeah, it is a learning experience. It's a quarter of a million dollars of taxpayer money learning experience, you know. How many of these learning experiences has this City had over the years? How many millions of dollars have you all spent with outside counsel for all kinds of lawsuits? How much money have you spent for the SEC (Securities & Exchange Commission), all right? I mean, at what point do you -- would you have said "Maybe it's better if we just say, 'Yeah, we did it and we won't do it again'"? It's cost the taxpayers millions of dollars. Think about that. Chair Gort: Thankyou, sir. Ms. Mendez: Mr. Crespo, I think that you need to listen to what said, and what said was -- Mr. Crespo: I did listen to you. Ms. Mendez: -- that the parameters that are placed on resolutions and when agencies foot the bill for something and then the City is supposed to take something else on a cost, that is what needs to be discussed and there needs to be better parameters on. This was an inter -agency resolution to deal with this matter, and the matter was dealt with. Mr. Crespo: Was this the first time? Chair Gort: Thankyou. Thankyou, sir. Yes, ma'am, you're recognized. Grace Solares: Grace Solares, 60 Southwest 30th Road. I remember vividly when this matter came before the Commission, and Mr. Solowsky was standing right here, and he made his presentation with Mr. Thomas behind him -- with Mr. Tom Scott behind him. And at the end of actually discussing all these things with respect to the cost, Commissioner -- who's not sitting there right now -- Carollo asked Mr. Solowsky, Well, you said that most of the issues are in downtown. "And he said, Yes, that's correct. "And then he said, Then I think it should be the DDA who should be paying for it. "At that the point in time an amount was actually thrown out. It was $75, 000. And Commissioner Sarnoff graciously said "The DDA will pay for it." I think if we now have 200 and something thousand dollars over and above the $75, 000 they may have City ofMiami Page 55 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 already paid, I think it would be fair that the DDA should pay half of the outstanding 200 and something thousand dollars, and the other half that comes out of the City -- I don't know from where, general fund; I don't know. But I think it should be the correct thing, because the Commissioner acknowledged the issue mainly was in downtown. Commissioner Suarez: Can I -- may I -- Chair Gort: Thank you. Yes. Commissioner Suarez: -- just say something on that? 'Cause -- this actually did come up in my briefing when I spoke with Alice, 'cause I asked her that specific question, which is, "What percentage of the homeless are located in downtown?" And the number that she gave me was 60 percent. So maybe the right number is 60 percent of the cost but including the 75, because that's fair; not 60 percent of new cost, but 60 percent of the cost including the 75, so it would be -- if the total cost was 300, roughly, then you're talking about another 125, rather than, you know -- or actually, that's a little bit high. Probably like another 100, and then the rest would be borne by the City. Chair Gort: Okay. Commissioner Sarnoff. You know, let me just say a couple things. First and foremost, this is a citywide issue. I could bring up many different issues, such as that downtown brings 40 percent of the ad valorem tax to the City ofMiami, and that is a disproportionate high number. We had people come up here, Commissioner -- sorry, Mr. Chair -- that were actually in favor of a special assessment but were complaining about the number of homeless people. This DDA does not -- or the downtown does not get 40 percent of the infrastructure costs to the City ofMiami. You know, do what you want. Let me just refute something Mr. Crespo said. Every hour spent by Tom Scott was a correct hour. Every moment spent, every meeting had was a necessary meeting. You know, in litigation there's no roadmap that gives you exactly what's going to happen. And as the ACLU (American Civil Liberties Union) and as Wiener, Robbins, Ross, and Tunkey -- and that's what I call them; I forgot their new name -- as they kept on expending and filing motions, you have to respond to them. So some of these are what you call the "unforeseen," and you can't be -- you can't have an exact roadmap. You know, this is the cost. This is the DDA bore, the first $75,000. Every Commissioner's district reaps the benefits of the downtown in a lot of respects, and it's -- you know, it's the little dirty secret, if you will, and that is that, you know, the DDA, the downtown ofMiami is the biggest economic engine; that includes the Port ofMiami, that includes the airport ofMiami, and that includes Disney World. It is the biggest economic engine in the State ofFlorida. There is no bigger economy in the State ofFlorida, so Mickey be damned, you know, because Disney World is not even bigger than the downtown ofMiami. The seaport is not as big as the downtown ofMiami in terms of volume of dollars, as is the airport. So, you know, it's important that we all support the downtown ofMiami, 'cause we all reap and sow the benefits of the downtown Miami. Chair Gort: Okay. Any further --? Commissioner Carollo: Yeah. Mr. Chairman. Chair Gort: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I mean, this is nothing against the law firm. I think Tom Scott and all the attorneys here, you know, are excellent attorneys. I think they did a great job, and, you know, the proof is in the pudding. You know, the case was settled. I think the issue is that -- at least, I was under the impression that it was going to be about $75, 000, and if it goes over that, I would have thought that there would be some communication to me and this Commission regarding the amount and where we were and so City ofMiami Page 56 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 forth. And it seems like we not only surpassed $75, 000, but we came up to -- what's the amount? -- 225,000? So I would have liked to have at least had some communication, some notification that we were reaching that amount, and we didn't. So I think we're a little -- I don't know if the right word is "sticker shocked," because it's not like these attorneys aren't worth the money. I think it's just that we did not expect that the fee was going to be at this level. And, you know, when I first mentioned as far as the DDA taking up the costs, which, by all means, just looking at their budget now, going through the exercise and looking for the other monies, they definitely have the money to pay for it, and this is -- this will come out of the general fund if it's not paid from the DDA. So, again, I don't know what the percentage is regarding, you know, how much the DDA should pay versus the City. I think the DDA should pay a hundred percent, because they never notified the City or any of the Commissioners that we were going that much over, but again, you know, I want to be reasonable. I want to listen to my colleagues and see what the percentage is. But I think in all fairness, the DDA should pay a percentage. And the biggest issue I have is that there was no notification, at least not to me, and it seems like to the City Commission that, you know, the fee was running up over $300, 000. Chair Gort: Any further discussion? Was there a motion? Commissioner Sarnoff. I did. I moved it, and there was a second. Chair Gort: Moved it? Mr. Hannon: Yes, sir. Commissioner Sarnoff -- Chair Gort: Move and a second. Mr. Hannon: -- moved the item; Commissioner Suarez seconded. Commissioner Suarez: Yeah, I'll withdraw my second. Commissioner Carollo: Listen, I -- can -- okay, so can -- there is no motion then on the floor. Can we have more discussion? Can we somehow come up to a percentage? I think -- in all fairness, we're going to have to pay this fee, correct? Commissioner Suarez: Yep. Commissioner Carollo: Right? The work has been done. So can we come up with a percentage that, you know, reasonable that the DDA and the City pays? Andl think that's where we're at. Commissioner Sarnoff. I -- the DDA paid $75, 000 of the fee. If you want to talk about agencies that have a lot of money, well, the Bayfront Trust has $10 million in assets; 6 million liquidity. Commissioner Carollo: Yeah, that has earned it, earned it. In other words, we do not charge an extra tax to the residents. We have actually earned that money through the different events that we do, Ultra being one of them, but Ultra's not the only one. But, yeah -- I mean, it's the only other agency I would say in the County, andl don't know anywhere else, that actually earns the money and it doesn't come out of the City's general fund There's no subsidies to that Park. Commissioner Suarez: Gentlemen, ifI may? Chair Gort: Excuse me. Commissioner Suarez: Mr. Chair. There's a pretty objective -- I mean, when the executive director of the DDA herself tells me that 60 percent of the homeless in the City ofMiami are located in downtown, that's a pretty objective number. I mean, maybe it's 55, maybe it's 61, City ofMiami Page 57 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 maybe it's 62, but that's an objective number. Andl think, if we're going to be -- if we're going to start debating this about how much the DDA should pay versus -- you know, andl respect, you know, Commissioner Sarnoffs other arguments in terms of ad valorem distribution and how things get -- come back or don't come back. I think this is a slightly different issue on a multitude of different levels. One, because it was never communicated to us that the fees were getting that high, andl don't think the expectation was -- it was hotly debated when we first talked about this, andl think the expectation was that when the DDA said they were going to pay the 75, that that was like the budget for the representation; that they were, in essence, pay 100 percent. So when we come back with this bill -- and again, I don't think there's any Commissioner up here that doesn't think that the time of the bill is accurate or that the fees are unreasonable or anything like that. It is a little bit of sticker shock, I think. It is a little bit of sticker shock. Because it was like, you know, wow, this is -- this was unexpected. Andl remember speaking to the executive director, and, you know, she kind of cringed, butt said, "Look, you know, maybe the solution is, as a fair compromise, is to use that number." Maybe 50/ 50, I guess we can say, you know, because this is something that, you know, has come in many respects from the DDA district as an initiative, because there's nobody in my district, I promise you, that is asking us to mod Pottinger, not one person. So, you know, Dr. Montoya, who I think we all respect and who we all think highly of you know, comes to this board and says, "You know, this is a major problem," and I think you took leadership on that issue, and you made us aware of it in a way that -- anything with homeless has been of a varying level of popularity, andl think we've taken our lumps supporting, mod4ingPottinger, supporting you, modifyingPottinger, because it was the right thing to do, and the modifications were reasonable and they were right. You were right on that issue, on the substance of your argument. I think we're talking about costs now and cost -sharing and fees for something that's going to benefit primarily -- even though it's -- you're right, it's a citywide benefit, but the primary benefit is to downtown. That's why it came -- it emanated from downtown. So, you know, I think 60/40 is a good split. If you guys want to do 50/50, I'm okay with that. I know the Commissioner wants to do 100-0, you know, butt think you might be willing to compromise as well. Commissioner Carollo: Absolutely. Commissioner Suarez: And then we move on. Commissioner Sarnoff. Well, I -- let me make one last pitch. Commissioner Suarez: Okay. Commissioner Sarnoff. Because -- You know, think about this: If we were to look at our entire general fund, we know that 40 percent of $278 million comes from the downtown; we know that 80 percent of the permit fees that have been issued in 2012/2013 are from the downtown. That number is extremely high. And you can't keep taking -from the downtown and expecting a development agency to shoulder burdens that should be handled at a citywide level because we treat the downtown at a citywide level. We just do. I mean, with all due respect, you guys took a decision on Ultra that you thought was a citywide issue, and it didn't belong with the District 2 Commissioner; fine. But you should be consistent in the way you treat the downtown, and that is, when you see it as a citywide basis, it should be treated as such. You've heard people here today out of pure circumstance come up here and say, "Yeah, I support you taxing me a little more, Commissioner Gort, but could you also clean up the downtown with the homelessness?" Well, you know, Pottinger, while it's passed, has not really been implemented, though it will be very shortly, and then -- and hopefully we'll see some, as you say, ground -gaining results. But I would certainly press and impress and push to your prurient interests of each one of your districts, because it is a feeder of the downtown. Commissioner Suarez: Mr. Chair, can I make a counter to his counter? City ofMiami Page 58 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: I'll -- go ahead andl'll second the motion. Commissioner Suarez: Okay. Can I still make a counter to his counter? Vice Chair Hardemon: It has been properly moved and seconded, so -- Commissioner Suarez: Okay, my counter -- Vice Chair Hardemon: -- the motion is closed. Commissioner Suarez: -- to his counter is you made a statement, Commissioner Sarnoff about -- Vice Chair Hardemon: Before you go on, Commissioner Sarnoff, City Clerk. Mr. Hannon: I'm sorry. Who was the maker of the motion? Vice Chair Hardemon: The maker of the motion was Commissioner Sarnoff. Mr. Hannon: Correct. Vice Chair Hardemon: The seconder is Mr. Chairman. Mr. Hannon: Oh, okay, understood. Commissioner Suarez: Mr. Chair, may I --? Vice Chair Hardemon: Before me -- Unidentified Speaker: (UNINTELLIGIBLE) DDA. Vice Chair Hardemon: -- Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. My counter to his counter is that -- and he made a statement about infrastructure and there being a -- and the whole proportionality of the tax payments that are made or generated from downtown and how they revert back into that area, andl would argue that downtown gets a disproportionately greater share, andl'll explain to you why. Because if you divide the City up into five, okay, certainly, your district is the one that has -- that's most vertical. You would not disagree with that. Meaning that if you're normalizing it over population, that means you're giving the district that is most vertical the same amount of money as a district that is most horizontal. Do you get what I'm saying? Commissioner Sarnoff. Yeah, go ahead. Commissioner Suarez: Okay. So, my -- in other words, my population is spread out. By logic, that means I have more streets, more sidewalks, as a linear foot or a linear mile or however you want to measure them, okay. I'm getting the same amount of money as you are, andl have way more streets, way more sidewalks, so in other -- in -- so the converse argument is you're getting the same amount of money as I am with much, much smaller area to fix, so you are getting a higher proportion, okay, of money per square foot, per linear mile, however you want to describe it. So I would argue that in capital improvements, your district benefits disproportionately to my district. It's an argument I've made in the past. Chair Gort: Okay. Commissioner Sarnoff. But just to counter that -- City ofMiami Page 59 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Vice Chair Hardemon: Chair? Chair Gort: (UNINTELLIGIBLE). Commissioner Sarnoff. -- that means that same sidewalk thatl have is being walked on five times more than the sidewalk that you're being walked on. My streets are being driven on 200 times more than the streets that you're being driven on. Commissioner Suarez: That's a good counter to the counter. Commissioner Sarnoff. That means that my concrete -- my asphalt is wearing out at a much quickened pace than yours. I mean, it's called "vertical intensity." Vice Chair Hardemon: The question has been called. I apologize, Commissioner Sarnoff. Commissioner Sarnoff. That's all right. You're right. You know what? You're right. Commissioner Suarez: That was a good counter to my counter, by the way. I got to give it to you. Vice Chair Hardemon: The question has been called. Commissioner Carollo: What is the question? Commissioner Suarez: To give the full allocation. Vice Chair Hardemon: Can you clam the question, please? Mr. Hannon: Certainly. The mover was Commissioner Sarnoff, and the seconder was Chair Gort for the resolution as is; no amendments. Commissioner Suarez: You want to call it? Vice Chair Hardemon: Roll call vote. Mr. Hannon: Just want to -- Vice Chair Hardemon: Do we have to do a roll call vote? Is it voice vote? Mr. Hannon: You can do a voice vote, sir, or a roll call. Vice Chair Hardemon: Voice vote. Commissioner Suarez: Right now? Vice Chair Hardemon: All in favor, indicate so by saying "aye.' Chair Gort: Aye. Commissioner Sarnoff. Aye. Vice Chair Hardemon: Aye. Commissioner Suarez: No. City ofMiami Page 60 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: No. Vice Chair Hardemon: And all against? Commissioner Carollo: No. Commissioner Suarez: Against. Mr. Hannon: The motion passes, 3-2. Vice Chair Hardemon: Motion passes. Chair Gort: Thank you. RE.8. Mr. Alfonso: Commissioner -- Mr. Chairman -- I'm sorry -- just a little point of clarification. Since that is not exactly a budgeted item, we will pay for it out of our unallocated reserves and come back at the end of the year on a closeout and just point it out. Chair Gort: RE. 8. Mr. Hannon: Chair, you can move on to RE.9. Vice Chair Hardemon: Mr. Chairman. Chair Gort: RE.9. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I move to reconsider. Commissioner Suarez: Ooh. Vice Chair Hardemon: Move to reconsider. Commissioner Suarez: Second. This is going to get interesting. Second. Chair Gort: Okay, there's been a motion to reconsider. It's been second. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Hannon: Motion passes to reconsider item RE.7. Well, wait. Are we talking about RE.7, Commissioner Hardemon? Commissioner Suarez: Yes. Vice Chair Hardemon: Yeah. Mr. Hannon: Okay. Vice Chair Hardemon: Yes. City ofMiami Page 61 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Mr. Hannon: We're now back to item RE.7, if it's -- that's my understanding. Commissioner Sarnoff. I didn't even hear what the vote was, so please register me a "no. Mr. Hannon: Yes, sir. Commissioner Suarez: I thought you said yes. Commissioner Sarnoff. I did, 'cause I didn't know what we were voting on, andl probably should have had the good sense of saying "what are we doing?" Commissioner Suarez: I got you, I got you. Commissioner Carollo: So -- Ms. Mendez: So does it still pass? Mr. Hannon: Yes. Commissioner Suarez: Oh, definitely. Mr. Hannon: Yes, ma'am. The motion to reconsider passed, 4-1. Ms. Mendez: Right. Commissioner Carollo: Therefore, we still are back on RE.7, and we should take it up, andl would think there's more discussion on what I had said before. Let's see if we could come up with some type of compromise for a percentage, unless -- and perhaps some other idea. Vice Chair Hardemon: And Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: So, considering that, that means that at this point, the RE.7 has not passed because we moved to reconsider it? So now it is an item that we could still discuss. Mr. Hannon: It's in play. Vice Chair Hardemon: Right. I know that the question was called last time as I was the Chairman, andl did move forward in proper procedure to have that item called. But completely understand -- 'cause I didn't participate in the discussion -- the sentiments on the right of me, andl completely understand the sentiments on the left of me, and it put me in a position where now I don't think it hurts to have the discussion with the DDA instead of defining a number. Maybe the discussion can be made. If at the end of that discussion, there is no split, that's what we will be addressing when the motion comes up. But if there is to be a split, then at least we can give it an opportunity to be settled in that fashion. So that is why I moved to reconsider. So at this point, we can -- if -- and I'll give it to whomever, whichever side. If you want to continue this to another meeting, we can; if not, then we go from there. Commissioner Suarez: I don't think that's a bad idea, to be honest with you. Commissioner Carollo: Mr. Chairman, I mean -- Chair Gort: Yes, sir. City ofMiami Page 62 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: -- I'll yield to Commissioner Sarnoff, but you have the chair of the DDA there, and you have some of the members here, so I don't know. I think we should table it and, I mean -- but yield to Commissioner Sarnoff. And by the way, Commissioner Sarnoff, I'll be honest with you, I don't think there's any better way to spend monies and to do something like Pottinger that really, you know, is going to be very impactful in the future for downtown Miami. So -- Commissioner Sarnoff. But if you feel that way, why not participate? Commissioner Carollo: I am. I'm saying let's do a percentage. Commissioner Sarnoff. Well -- no, no. Commissioner Carollo: I am participating, but I need some reasonableness from the left side. Commissioner Suarez: Andl would say too -- Commissioner Carollo: I need some compromise. Commissioner Suarez: -- let's not -- Commissioner Carollo: I am participating. Commissioner Suarez: -- sour the victory -- Commissioner Carollo: Right. Commissioner Suarez: -- because it was a victory -- Commissioner Carollo: Exactly. Commissioner Suarez: -- led by you over a discussion about a fair share of the expenses, which -- By the way, we thought -- I think we all thought -- I think you thought as well -- that when you reluctantly, begrudgingly accepted the $75, 000, that that was going to be the last time we were going to talk about this. Commissioner Sarnoff. No. Commissioner Suarez: No? Commissioner Sarnoff. I never thought we would hit 75. Commissioner Carollo: Well, maybe you knew more than I did, but I really thought it was 75,000. Commissioner Suarez: Right. Commissioner Carollo: And again, I'm not an attorney, but that's -- that was my interpretation. So all I'm saying is, you know, be reasonable, compromise, and see if we could come up to an amount. That's all I'm saying. Chair Gort: My understanding is the Commissioner asking to table this for a while. While you have the people from DDA here, some of the board members, maybe you can discuss something with them and -- if they want to come back. City ofMiami Page 63 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Sarnoff. Okay. Chair Gort: All right. Commissioner Carollo: Table it. Later... Chair Gort: Mr. Clerk, what's left? Mr. Hannon: Chair, we have the board items, discussion item DI. 1; Commissioner Carollo and Commissioner Suarez are not here, so those items will be continued, and RE.7. Chair Gort: RE.7. Commissioner Sarnoff. What is that? Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Sarnoff. Oh. Chair Gort: What? Commissioner Sarnoff. We take it again? Everyone take a shot at RE.7 again. Come on, let's make a deal. Come on, Commissioner, sit down; let's make a deal. Vice Chair Hardemon: I'm here, all right. Commissioner Sarnoff. All right. Vice Chair Hardemon: I'm (UNINTET,T IGIBT ,F). Commissioner Sarnoff. Mr. Chair, I'd like to make a motion on RE.7 to reduce the number from $225, 212.49 to $175, 000. Vice Chair Hardemon: I'll second. Chair Gort: There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Commissioner Sarnoff. Unanimous. Mr. Hannon: As amended. Commissioner Sarnoff. Thank you, gentlemen. Thank you. RE.8 RESOLUTION 14-00433 Districts - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH CommissionerKeon ATTACHMENT(S), APPROVING THE RELEASE TO BE EXECUTED BY Hardemon SAWYER'S WALK, LTD. AND ITS PARTNERS AND POINCIANA VILLAGE OF MIAMI, LTD. AND ITS PARTNERS, IN SUBSTANTIALLY THE ATTACHED FORM ("SAWYER'S WALK RELEASE") AND INDEMNIFICATION City ofMiami Page 64 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 AGREEMENT TO BE EXECUTED BY SAWYERS WALK, LTD. AND POINCIANA VILLAGE OF MIAMI, LTD., IN SUBSTANTIALLY THE ATTACHED FORM ("SAWYER'S WALK INDEMNIFICATION AGREEMENT), AS AN ALTERNATE RISK MANAGEMENT SOLUTION TO REQUIRING OVERTOWN GATEWAY PARTNERS, LLC ("OVERTOWN GATEWAY") AND ALL ABOARD FLORIDA NW SIXTH STREET, LLC ("ALL ABOARD"), FROM BEING REQUIRED TO PROVIDE THE INDEMNIFICATION AGREEMENT CONTEMPLATED BY SECTION 7(F) OF THE SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF MIAMI ("CITY"), THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY ("COUNTY"), DATED MAY 9, 2013 ("SETTLEMENT AGREEMENT), AND REQUESTING THAT THE CITY AND THE COUNTY APPROVE THE SAWYERS WALK RELEASE AND SAWYERS WALK INDEMNIFICATION AGREEMENT AS AN ALTERNATIVE RISK MANAGEMENT SOLUTION THEREBY WAIVING THE REQUIREMENT THAT OVERTOWN GATEWAY AND ALL ABOARD PROVIDE THE INDEMNIFICATION AGREEMENTS REQUIRED UNDER THE TERMS OF THE SETTLEMENT AGREEMENT. 14-00433 Legislation.pdf 14-00433 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0183 ToddB. Hannon (City Clerk): Chair, Commissioner Hardemon is here. Chair Gort: Oh, okay, great. We have quorum. Okay, at this time we're going to have ER.9 [sic]. I mean -- Mr. Hannon: Chair, that is PH.9. Chair Gort: -- PH.9. I'm sorry. My apologies. It's a public hearing. PH.9 is the final assessment for Flagler Street Special District. Commissioner Carollo: I think that's Commissioner Sarnoff. Yeah, I would -- I think we should probably table it until Commissioner Sarnoff -- Chair Gort: We'll wait till Commissioner Sarnoff gets here. Commissioner Carollo: -- is here. Chair Gort: PH. 6. Commissioner Carollo: Or -- I think we have -- then at 2:30 we had approval -- release Sawyer's Walk, so I don't know if you want to take that. I mean -- Chair Gort: We'll take that one. Okay, RE.8. Vice Chair Hardemon: Mr. Woods. Clarence Woods: Commissioners, good afternoon. Clarence Woods, the executive director of the City ofMiami Page 65 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Southeast Overtown/Park West CRA (Community Redevelopment Agency). RE.8 is the -- you want me to read the whole --? Vice Chair Hardemon: It's not necessary. Chair Gort: It's a resolution. Mr. Woods: Read the resolution? RE.8 is a resolution of the Miami City Commission, with attachments, approving the release to be executed by Sawyer's Walk, Ltd, and its partners, and Poinciana Village ofMiami, Ltd, and its partners, in substantially the attached form -- Sawyer's Walk Release and Indemnflcation Agreement -- to be executed by Sawyer's Walk, Ltd. and Poinciana Village ofMiami, Ltd, in substantially the attached form, Sawyer's Walk Indemnification Agreement, as an alternative risk management solution to requiring Overtown Gateway Partners, LLC (Limited Liability Company), Overtown Gateway, and All Aboard Florida, Northwest 6th Street, T,T C, All Aboard, from being required to provide the indemnification agreement contemplated by Section 70 of the settlement agreement by and between the City ofMiami, Southeast Overtown/Park West Community Redevelopment Agency, and Miami -Dade County, dated May 9, 2013, the settlement agreement; and requesting that the City and the County approve the Sawyer's Walk release and Sawyer's Walk indemnification agreement as an alternative risk management solution, thereby waiving the requirement that Overtown Gateway and All Aboard Florida -- All Aboard -- provide the indemnification agreement required under the terms of the settlement agreement. Chair Gort: Thank you. Vice Chair Hardemon: I'll move it. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Is there a second? Commissioner Sarnoff. Would it be all right if we table this just towards the end? There was -- I just had a couple more questions on it. Vice Chair Hardemon: About this issue? Commissioner Sarnoff. Yeah. I mean, I'm not -- I'll be able to vote on it today. Ijust -- Vice Chair Hardemon: Okay. Commissioner Sarnoff. Is that all right? Vice Chair Hardemon: That's fine. We can table it. Later... Commissioner Sarnoff. You can hear RE.8, Mr. Chair. Chair Gort: PH (Public Hearing) -- Sawyer's Walk? Commissioner Sarnoff. If you want to go back to RE.8; I've read it. Chair Gort: RE.8, Sawyer Walk. It was already been stated on the record, so discussion. I think it's -- Commissioner Sarnoff. Real briefly. You can confirm to me that part of the RFP (Request for City ofMiami Page 66 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Proposals) -- I think it was blocks 45 -- Mr. Woods: Forty-five and 56. Commissioner Sarnoff. -- and 56. Mr. Woods: Yes. Commissioner Sarnoff. You were to receive a half -million dollar payment from All Aboard? Mr. Woods: Both developers. From both. Commissioner Sarnoff. Both developers, okay. Mr. Woods: Yes. Commissioner Sarnoff. And $250, 000 has already been paid? Mr. Woods: Yes, from both. Commissioner Sarnoff. When they close on July -- latest date is July 2015? Mr. Woods: Yes. Actually -- I checked the date. It's actually April 15, 2016 is the latest date. Commissioner Sarnoff. Wow, okay. Then -- okay. And that affords the indemnitor, Sawyer's Walk, Limited -- Mr. Woods: Right. Commissioner Sarnoff. -- to provide the indemnity to the City ofMiami, and the County and everyone else? Mr. Woods: Yes. Yes, it does. Now, if they don't close, they don't get the funding. If -- Commissioner Sarnoff. But the indem -- Mr. Woods: -- the numbers on 45 and 56 don't close, they don't get that funding but we've all -- they've already signed all the documentation to provide the indemnity. Commissioner Sarnoff. So the indemnity stays -- Mr. Woods: Yes. Commissioner Sarnoff. -- regardless of whether it closes? Mr. Woods: Yes. Commissioner Sarnoff. Okay, okay. Vice Chair Hardemon: So moved. Chair Gort: It's been moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff. Second. City ofMiami Page 67 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 RE.9 14-00422 City Commission Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1; AMENDING SECTION 29-B, ENTITLED "CITY -OWNED PROPERTY SALE OR LEASE -GENERALLY", TO AUTHORIZE THE CITY TO ENTER INTO LEASES OR MANAGEMENT AGREEMENTS FOR ANY CITY -OWNED SUBMERGED LANDS WITH ENTITIES HAVING POSSESORY OR OWNERSHIP INTEREST IN THE ABUTTING RIPARIAN UPLANDS FOR BUILDING MARINAS, DOCKS OR LIKE FACILITIES USING METHODS TO BE ADOPTED BY ORDINANCE ON THE CONDITION THAT SUCH LEASES OR MANAGEMENT AGREEMENTS RESULT IN A RETURN TO THE CITY OF FAIR MARKET VALUE; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO.1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON AUGUST 26, 2014; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. 14-00422 Legislation.pdf 14-00422 Exhibit.pdf 14-00422-Submittal-Laura Reynolds -Letter to Protect Biscayne Bay.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0184 Chair Gort: RE.9. Alice Bravo (Chief of Infrastructure): Alice Bravo, Deputy City Manager. RE.9 is the follow-up approval, after the discussion at the last Commission meeting, to prepare a Charter amendment question regarding submerged lands, and this would allow for leasing to the riparian upland owner next to city submerged land. Chair Gort: Could you go into details why we need this and why we are bringing it? Ms. Bravo: Correct. Well, under State statute and common law, someone who is an upland owner -- and that's anyone above the mean high water mark -- has the right to ingress, egress, right to access from the water, wharf out to a navigable depth, or have an unobstructed view of City ofMiami Page 68 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 the water in front of their upland. Under our current Charter provisions, the only way for the City to lease its submerged lands is to go through a procurement process. So we have a conflict that we have to procure land and someone could win that procurement and not be the upland owner, and technically, we couldn't enter into a lease with them for those submerged lands. So really, the only option to lease a submerged land is to the upland owner, and therefore, we would be mirroring a process that the State has for its submerged lands where they can lease to the upland owner and have that done through an administrative process based on fair market value and rents, et cetera. Chair Gort: Okay, thank you. My understanding, it's a public hearing. There's a lot of request. If you request to speak on this item, I'll let the -- will you call the names? ToddB. Hannon (City Clerk): Ken Jett. Ken Jett: Ken Jett. Good afternoon. Ken Jett, 3220 East Dixie Highway. I yield my two minutes to Ms. Grace Solares. Mr. Hannon: Luis Herrera. Chair Gort: Oh, he's waived his rights to Grace Solares. Mr. Hannon: Grace Solares. Grace Solares: Good afternoon, Commissioners. Grace Solares, 60 Southwest 30th Road. I sent an e-mail (electronic) last night to all of you with respect to my opposition to the form and fashion that this matter is coming before you. Section 163.0311 requires that a municipality to enact an ordinance when it proposes to amend its Charter. The attorney general agrees with this proposition. The City Attorney will tell you that Section 163.031[sic] is only a supplemental authority and that you can go by the County's Home Rule Charter in what you're attempting to do today. That position is incorrect, in my opinion. Section 166.031(3) is very specific. This law is supplemental to the existing laws of the State of Florida. The term "law" refers to a general law of the State of Florida. The Dade County Charter is not general law. In the Grapeland versus City ofMiami, which I think is 6 -- 267 Southern Second 321, the Supreme Court of the State of Florida set, What does the word 'law' is in our Constitution mean?" We derived the constitutional meaning from Article 6 --from Article 3/Section 6. According to this constitutional provision, every law must include the words "be it enacted by the Legislature of the State of Florida. From this premise" -- the Supreme Court says " "it necessarily follows that the law in our Constitution mean as enactment by the State Legislature; not by a City Commission or any other political body." Therefore, Dade County cannot enact anything that is inconsistent with general law, and general law says that the Charter amendments must be by ordinances. Now, if you are inclined to accept the City Attorney's argument that the Dade County Home Rule Charter has any bearing on the matter, that the Home Rule requires that the municipality comply with municipal ordinances, in this instance, today's procedures do not comply with the City's ordinance. Before you can vote on any measure to be presented to the voters, the City Commission should have a first adopted pursuant that -- to that Home Rule Charter in our own Code, the resolution directing the City Attorney to draft a proposed Charter amendment. I don't have to read the City's entire proposed -- entire ordinance in this thing, but in a section says, "The City Attorney shall draft a Charter amendment within 120 days after the City Commission adopts a resolution directing the City Attorney to prepare such amendment." To my knowledge, there has not been any such amendment, any such resolution within the 100 -- the last 120 days. The purpose of this way of proceeding is for the voters to become aware that what the City is even contemplating. Sometime in the future, even if that is an amendment to the Charter, in that way, there can be some meaningful debate with the voters also involved in the debate. For example, we have a proposed amendment today before us, but nobody has even explained what is the purpose of this amendment. Why are we doing this? What's going on that City ofMiami Page 69 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 this is required? How many leases in the City has waterfront properties now and how many leases are pending or contemplated in the future? Where all these lands -- where are all these lands located, because we have miles, within the jurisdiction of the City ofMiami, of waterfront submerged lands? Also, I must bring to issue that the resolution proposed taking it before the voters deals with Section 29B and ignores completely Section 3F(iii), the controlling waterfront submerged land in the Charter of the City ofMiami. In closing, I reiterate the entire content of my e-mail to all of you last night. The City cannot legislate or adopt a matter that is inconsistent with a general law of the State of Florida and, in this instance, even inconsistence [sic] with your own ordinance. Thank you, Commissioners. Thank you so much, Mr. Chairman, for having set this matter for 4 o'clock. Thank you. Chair Gort: Thankyou. Ms. Solares: Thank you, Commissioners. Chair Gort: Anyone else in the public would like to address this issue? Mr. Hannon: Yes, sir. Linda Carroll. Linda Carroll: Gentlemen, thank you very much. 171 be very brief. I won't repeat or, at least, I'll try not to repeat anything that Ms. Solares just said. But urge you not to pass this -- Chair Gort: Name and address, ma'am. Ms. Carroll: I apologize. Thankyou. Linda Carroll, 44 WestFlagler Street, Suite 900, Miami, Florida. I urge you not to pass this resolution for the same reasons that Ms. Solares just addressed. But I do appreciate the fact that Ms. Bravo now has at least answered something that Ms. Solares andl had talked about before this meeting, namely, what is the purpose of this resolution? And as I understand what was just said, the purpose is because the City cannot lease the submerged lands to somebody who does not own or lease the upland lands. At least that's my understanding. And ifI took it down incorrectly, I would like Ms. Bravo to correct me so I -- 'cause I don't want to be misstating what she said. Ms. Bravo: I'm sorry. Chair Gort: Ms. Bravo. Ms. Bravo: Could you ask your question again? Chair Gort: Excuse me. Through my Chair, will you answer that question? Ms. Carroll: And I'm -- Chair Gort: (UNINTELLIGIBLE). Ms. Bravo: Through the Chair. I apologize. I -- Ms. Carroll: I'm just -- my understanding of what you had explained was this Charter amendment is necessary because the City cannot lease submerged lands to anybody other than the owner of the upland property. Didl misunderstand you correct [sic]? Ms. Bravo: Correct. If not, we'd be violating their riparian upland owner rights. Ms. Carroll: All right. Then I'd like to know, though, how this Charter amendment is going to change or give the City the right to lease to somebody other than the owner, because -- City ofMiami Page 70 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Ms. Bravo: It wouldn't. I'm sorry. It wouldn't. Ms. Carroll: So then, I don't understand -- Chair Gort: Excuse me. Ms. Carroll: -- the purpose of -- Commissioner Suarez: (UNINTELLIGIBLE) -- it was backwards. Chair Gort: Let's not be any argument. Ask the full question, and I'll let her answer. Please ask the full question. Ms. Carroll: Then I -- I'm trying to find out what is the purpose of this proposed amendment. Chair Gort: Okay. My understanding is, as it was explained to me, right now the process is they would have to go through an RFP (Request for Proposals). If people go through an RFP, somebody does not own the land up -- Commissioner Suarez: Right. Chair Gort: -- might lose that RFP, so somebody else will come and rent out. That's my understanding, why the change is taking place. Now, I'll let you say it. Ms. Bravo: Right. If we followed our current process, basically, we would have to go through an RFP process, but the only possible winner could be the upland owner without violating the upland riparian rights. So in order to avoid a process that's not a true process, because only one person could win, we would have an administrative process through appraisals and fair market value where we could lease the submerged land to the upland owner that has the riparian rights and forego an unnecessary procurement process where only one person is allowed to win because they're the upland owner. Ms. Carroll: I see. So then, this is an attempt, I gather then to get around the Charter provision that requires an RFP? Ms. Bravo: For the submerged land. Since only one person -- we -- that submerged land can only be leased to the upland owner under the riparian rights in our State. Ms. Carroll: Except for the fact that the Charter proposed amendment says it can be leased to somebody who is themselves a lessee of the owner, so that that restriction really doesn't apply. Because, for example, anybody who owns property on the waterfront can lease that waterfront property to a third person and then that third person can make the application. So it's not necessary in order to lease to that other person, as long as that person is a sub -lessee. Ms. Bravo: If the third person -- Chair Gort: Thank you. Excuse me, excuse me. Ms. Bravo: I'm sorry. Chair Gort: I'm not going to have debate back and forth. Please, finish your statements and we'll answer your questions afterwards. Ms. Carroll: All right, thank you. Well, then, I think then the City Commission is being City ofMiami Page 71 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 shortsighted by going through this whole process, because nobody has even debated or considered what is the purpose of having all of this building along the waterfront, and why do you want to start encouraging this building under the waterfront, because you're going to be running into -- potentially running into issues dealing with the City's Comprehensive Plan, the County's Comprehensive Plan, and the State's Comprehensive Plan, all of which states that the municipalities and cities and the state should not be encouraging the development of land that's in high coastal hazard areas, and all of the land within the City ofMiami that we're talking about as far as being waterfront property, certainly along the Atlantic, is all going to be in that area. So why is it that the City now wants to be in a position to be developing property that they probably shouldn't be with regard to the high coastal area? Again, I go back -- andl do support Ms. Solares' assertions that the court -- this body is not following the proper procedures. Chair Gort: Thankyou, ma'am. Next. Mr. Hannon: Rosa Palomino. Rosa Palomino: I donated my time to Carroll. Commissioner Suarez: Linda. Mr. Hannon: Laura Reynolds. Laura Reynolds: Thank you. Laura Reynolds, executive director of the Tropical Audubon Society at 5530 Sunset Drive in Miami. And my concern here is that the submerged land in Biscayne Bay is sovereign submerged land. It's part of the Biscayne Bay aquatic preserve. If it's deeded to you as the City, there are extreme deed restrictions, and the reason there is deed restrictions is because it's part of the aquatic preserve system and protected under State statute. So what I'd like to remind you of -- andl sent a letter I believe a couple of days ago before close of business, and I've provided it to you again -- is if you look at number one in the deed restrictions, it says, "Never sell or convey or lease the land or any part thereof to any private person, firm, or corporation for any private use or purpose." So, unfortunately, I don't think what you're proposing here is really in the public's best interest. And the reason for that is we have protected our aquatic preserve for future generations to protect sea grass and for environmental purposes. So my question is: Have you considered any of this in moving forward? Andl don't know if you can answer that as far as the State statute, as far as it being aquatic preserve. That's my question. Chair Gort: Okay, thank you. Who else? Yes, sir, come on. Mariano Cruz: Yeah, sure. Mariano Cruz, 1227 Northwest 26th Street. When I hear people talking about building and submerged land, I always wonder when I look at the old Herald building right there on the bay, where were they when the Herald was building there? And you know what? Why they built there? Because they save millions of dollars by having the barge with the news print docking right there in the back door. I didn't hear anybody complaining about The Herald, because at the time the people here get up and they look at The Herald to see what The Herald was going to say. Well, that was long, long time ago; not anymore now. Not anymore. The Herald doesn't have the power they used to have. Thankyou. Chair Gort: Thankyou. Yes, sir, you're recognized. Al Crespo: Al Crespo, 689 Northeast 92nd Street. Mr. Chairman, I have a question for you, or perhaps you can get an answer. So, if I'm a property owner andl have a piece of property on the Miami River, does this Charter amendment mean that somebody else other than me could come and lease the submerged lands in front of my particular piece of property? City ofMiami Page 72 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: My understanding, sir, the way it was explained to me, that they would have to go through the procurement that we have here in the City ofMiami. They will have to go through an RFP. Mr. Crespo: Okay. Chair Gort: When you open up for an RFP, that RFP can go to anyone, so if anyone that wins and not the property owner, they could probably go and build. Now, my understanding -- I think there's a lot of misunderstanding here. People are talking developing in that area. I don't think they're talking about the development in that area. The problem that we've had, which they had not been able to explain, we have a lot of condominium here; they have the -- what do you call them? For the -- Ms. Bravo: Marina? Chair Gort: The marinas, they were broken, and they cannot get a permit to fix it because a lot of the things that are taking taken place in here. So mainly what it is, it's trying is to give the right to the person that own the upland to be able to develop a marina. I don't think there's intent to have developments taking place in there. Mr. Crespo: Okay. I just had -- I just wanted clarification. Thank you. Chair Gort: Thankyou. Anyone else? Nathan Kurland: Commissioners, Nathan Kurland, 3132 Day Avenue. A short story, if you'll be so kind. God talking to one of his angels said, "Boy, I just created a 24-hour period of alternating light and darkness on Earth." And the Angel said, "Well, what are you going to do now?" And God replied, `I'm going to call it a day." It is my opinion that you should call it a day on RE 9, 10, and 11. It is my opinion that these resolutions that you're considering right now will have an negative impact on the bay by allowing more construction, by allowing more marinas, more docks, more decks, and all of the added trail use to create all of this construction, which, so many years down the line, we'll find out is contaminated and, like so many of our parks, have to close. So in conclusion, I would really suggest and implore you to please do not pass Resolution 9, 10, and 11. Thank you. Chair Gort: Thankyou. Anyone else? Seeing none, hearing none, close the public hearings. My understanding, Madam Attorney, I think the questions to you, have we listened to this legally or --? Victoria Mendez (City Attorney): The issue is only for submerged lands next to the properties that are the only properties that could really use them. Imagine having -- being condominium owners on the water and then the City saying, "Well, I'm sorry; you can't use those docks that are there. We're going to do an RFP, and we're going to let ABC Company come run those marinas, so you cannot have dock space, you cannot have anything, you cannot use those lands." And this is basically what we're trying to correct, because otherwise, we run afoul of the Charter by having a lease in a dock area there or, what's worst, we go against people's riparian rights for not being able to use the land that they're -- the submerged land that they're supposed to. So this is just a clean-up measure. It is nothing that will give more rights to developers or -- it's nothing to that effect. It just has to really do with the situation that we have with regard to submerged lands in front of someone else's -- someone's property, and they're the only ones that really have the right to use it, but based on our Charter language, they're somewhat prohibited from using it. Chair Gort: The uses are regulated by State? (UNINTELLIGIBLE). City ofMiami Page 73 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Ms. Mendez: Well, they -- yes. The uses are only those allowed by DERM (Department of Environmental Resources Management). If there's sea grass there, sorry, nobody's going to be doing anything, you know, so they're related -- they're regulated by the State, by DERM, by, you know, federal and other local regulations, so you can only use that for what it's allowed for, which is either to put dockage or -- which most of the condos do have that, but we're just trying to make sure that they're able to adequately use the submerged lands that they're allowed to just because of the riparian rights that they have and -- Chair Gort: Thankyou. Ms. Mendez: Oh. Chair Gort: I'm sorry; did I cut you off? Go ahead. Ms. Mendez: That's it. Thankyou. Chair Gort: Commissioner Sarnoff. Commissioner Sarnoff. So you purchase a piece of property; it has riparian rights, which is a maritime concept which is supreme to the law of the State of Florida, which is supreme to the law of the state of -- or I should say the County or supreme to the law of the City of Miami, correct? Ms. Mendez: Yes. Commissioner Sarnoff. Maritime law, in others -- in other -- Ms. Mendez: Yes. Commissioner Sarnoff. So you have the right to use the water. And now you're telling me, if you have the right to use the water, you don't want the City interfering with that right by possibly leasing that right to some other person? Ms. Mendez: Correct, and that's how our Charter is set up, that the only way that you can really utilize that land is if you do an RFP, and then what if someone out, you know, out -bids you for something like that and it's not an appropriate use? Commissioner Sarnoff. So it's the (UNINTET,TIGIBLE) what everybody's complaining about. Ms. Mendez: Right. Commissioner Sarnoff. You're actually making sure that the person that has the riparian light [sic], the person that paid the property taxes, the person that went to the bank, took mortgage, the person that worked 20 years, 30 years to get that money to put the down payment down, who then goes and pays his banker off for the next 10, 20, 30 years, you're ensuring that that person's riparian right, which is a maritime concept found in his fee simple absolute deed, is not interfered with by the City ofMiami's poorly drafted language that says somebody else could have the ability to put something in front ofyour property? Ms. Mendez: Yes. It's -- you used the very direct terms, but yes. Pretty much, that's, in a nutshell, the issue. Commissioner Sarnoff. So what you're saying is you're actually protecting the person who worked hard for years and years and years, obtained these rights through hard work and effort, and through some fiat in the City ofMiami Charter may not be able to enjoy those rights, because you may think you have to go out to an RFP in which Joe Smith could then have the City ofMiami Page 74 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 rights to the water rights, so to speak? Ms. Mendez: Correct. Commissioner Sarnoff. So what you're doing is -- Ms. Mendez: And obviously, they would have to enter -- because the submerged lands still -- the City ofMiami owns them, you know, based on deeds and such, we still have to enter into some agreement, but it would be with the rightful person that could use those lands, not with some random person. Commissioner Sarnoff. So you're really taking away shenanigans? Ms. Mendez: Correct. Commissioner Sarnoff. You're making sure that the person who worked all these years and labored and sweated and toiled to own that property is the person who can enjoy the water rights to that property? Ms. Mendez: Correct. And it is just basically -- and the situation that we've most experienced it is condo owners that need to use their land in front of -- for their dockage space that they've had and things of that nature. Commissioner Sarnoff. You andl had a product on Brickell, am I right? Ms. Mendez: Yes. Of to two submerged lands, condos, with dock space that was built many, many years ago, and they were just trying to be able to rebuild the properties in order to use them, because they were 40 years old, maybe 30 years old. Ms. Bravo: And damaged by hurricanes. Ms. Mendez: And damaged by hurricanes. And that was one example of riparian rights and submerged lands, and it was just a difficult situation with regard to that. We're dealing with the State on other issues, but it's pretty much the crux of this and why we wanted to resolve it. Commissioner Sarnoff. So the true intent and purpose of this provision is to ensure that the upland owner has at least the opportunity to enjoy his riparian maritime rights? Ms. Mendez: Yes. Commissioner Sarnoff. Which is supreme to the Charter ofMiami? Ms. Mendez: In most cases, yes. Chair Gort: Any further discussion? Commissioner Suarez: Yeah. I have a question on the procedure, which is that -- it's been said here that this cannot be done by resolution. Ms. Mendez: Yes, and we can address that. First of all, Ms. Solares is correct; Florida Statute dictates that these types of Charter amendments are usually done by ordinance. But one amazing thing about living in Miami -Dade County and the City ofMiami is that we have Home Rule Charter powers, and we're not specifically preempted, specifically preempted -- it has to say municipalities cannot do X "We're not specifically preempted; we're allowed to do certain things, even if it, on its face, looks like it may conflict with State statute, but it really doesn't. It's just City ofMiami Page 75 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 that we're still allowed pursuant to our Home Rule Charter powers. And Miami -Dade County's Home Rule Charter powers, which we fall under, basically says in Section 6.03 of -- with regard to municipal charters, that any municipality in the County may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner, and then it goes into that you could do it -- its governing body shall, within 120 days after adopting a resolution, be able to do this process. Now, Ms. Solares also brought up the fact of the -- that we had to pass a resolution, andl don't know if you remember -- it was two weeks ago, the last City Commission meeting or the one before? Ms. Bravo: Last one. Ms. Mendez: The last one when Ms. Bravo showed you the presentation of the slide and what the median and high water mark was and all that and explained the situation. At that point, we -- there was a resolution to bring back the matter, and that's what we did, and that's what is here before you today as a resolution to place on the ballot. Chair Gort: Okay. Ms. Mendez: And just to be clear, on page 5 of 6, where it says to -- "Yes, " for the measure and "no," for the measure, " it really has to say, "no, against the measure." So we need to -- if this passes, we need to clam that page 5 of 6 in the little slot, and where it says, "no," it's supposed to say, "no, against the measure." So if someone vote "no," it has to say "against the measure." Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: Thank you very much. In -- if this passes today -- and whomever can answer this question, I think is best -- and we -- and someone has the ability to contract for the submerged lands which abut their -- the upland, what type of approval would be needed from the City Commission or anyone to have that taking place? Andl ask that question because I'm concerned about development along the coast, because our -- as I walked into my office andl can see you on television, but can look out andl can see the marina, I guess it's properly called, andl could see that development; andl think about the places where we do not have that type of development, and we typically call that the beach, andl think people come from all over the world to enjoy the beach. But if people could build on the beach, I think people would. So I want to make sure that, if by voting for this, I'm not adding to the degradation of our beach land in places that we go to just enjoy without any development, so please address that question for me. Ms. Bravo: Through the Chair. Chair Gort: Yes, sir. Ms. Bravo: Any lease for submerged lands through this provision would be brought to the City Commission for approval. Vice Chair Hardemon: Through a four fifth vote? Ms. Bravo: A majority vote. Vice Chair Hardemon: It's a majority vote? So each and every -- Ms. Mendez: It would have to come before you. We can only -- the Code is very clear that -- and I don't know if you've noticed all easements come before you; all unity of title come before you. Anything that has to do with real estate, it has to come before the City Commission. So the City City ofMiami Page 76 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 -- when it says "the collective city," the City is the five Commissioners; no one else. So it has to come before you in order for it to happen, and it has to be fair return. So it has to be a fair market value. Ms. Bravo: And beyond that, before anyone could construct anything -- that's just the lease with us -- they would have to receive the necessary regulatory and permit approvals for whatever they're planning to build. Vice Chair Hardemon: And Mr. Chairman, ifI may? Chair Gort: Yes. Vice Chair Hardemon: Andl ask that question because I just wanted to be sure that where there is an opportunity and then I think it's reasonable to have some type of development, that, you know, we take advantage of it. But where there is not -- or it's not reasonable to have it, we -- it is not allowed. And so I look at the people who are here that have been speaking against this measure andl think these are individuals that are charged, in my way, one way or the other, with bringing those types of issues to our attention, and I'm positively sure that if there was any development that was to happen in the submerged land, in a place where it should not be, that they would be kicking and screaming at our doors, and we have an opportunity to address that. I don't want to lose that opportunity; that's why I asked that question. Thank you. Chair Gort: Once again, I'm going to ask the same question: There's restriction that the way the submerged land can be used. Am I correct? Ms. Bravo: Correct. Chair Gort: Okay. Anyone else? I need a motion or a second. Commissioner Sarnoff. So moved. Chair Gort: It's been -- Vice Chair Hardemon: Second. Chair Gort: -- moved by Commissioner Sarnoff, second by Vice Chairman Hardemon. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: As amended. Chair Gort: As amended. RE.10 RESOLUTION 14-00430 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE PARTIAL MODIFICATION OF ORIGINAL RESTRICTIONS TO DEED NO. 19447-H (THE "MODIFICATION OF RESTRICTIONS"), WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (THE "BOARD OF TRUSTEES") AND THE CITY OF MIAMI, SUBJECT TO PRIOR APPROVAL BY THE BOARD OF TRUSTEES, City ofMiami Page 77 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 AND TO UNDERTAKE ALL THE STEPS NECESSARY TO SUPERSEDE AND TERMINATE DEED NO. 19447-F. 14-00430 Summary Form.pdf 14-00430 Pre-Legislation.pdf 14-00430 Legislation.pdf 14-00430 Exhibit.pdf 14-00430-Submittal-Colgate Darden-Statement.pdf 14-00430-Submittal-Robert Zimmerman-Statement.pdf 14-00430-Submittal-Samuel Dubbin -Analysis Miami Economic Associates.pdf 14-00430-Submittal-Samuel Dubbin -Response from Tropical Audubon.pdf 14-00430-Submittal-Stephen Herbits-Statement.pdf 14-00430-Submittal-Samuel Dubbin -Correspondence and Appraisal.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0185 Chair Gort: RE.10. Henry Torre: Good afternoon, Commissioners. Henry Torre, director of Public Facilities. RE.10 and RE.11 are companion items. RE.10 is a resolution to execute the partial modification of original restriction to Deed Number 19447-8 between the board of trustees of the Internal Improvement Trust Fund of the State of Florida and the City ofMiami. Chair Gort: This is a companion item. It's 10 and 11. Read the 11 and then we'll -- Mr. Torre: Okay. Chair Gort: -- open the -- for the public hearing. Mr. Torre: RE.11 is a resolution to negotiate and execute a compliance agreement between the City and Flagstone. Todd B. Hannon (City Clerk): The public hearing is now being opened for items RE.10 and 11 as companion items. Brian May. Brian May: Do we have a quorum? No? Oh, we do. Mr. Hannon: Yes. Victoria Mendez (City Attorney): Yes, everyone's here. Mr. May: Sure. Ms. Mendez: Three -- well -- Chair Gort: Three. Ms. Mendez: Three. Vice Chair Hardemon: I'm here. City ofMiami Page 78 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Three are here. Mr. May: Okay. Mr. Chairman and members of the Commission, my name is Brian May, here representing Flagstone Development Corp. My office is at 235 Catalonia Avenue, Coral Gables, Florida. Representing Flagstone, just to refresh your memory, in 2010, coming out of the great recession, Flagstone and the City negotiated a revised agreement to enter -- to extend Flagstone's rights to the voter -approved project, which most of you are aware of. Many of you were here at the time, and we are obviously very grateful for your good faith approval of the amended agreement at that time. As part of the agreement, this City allowed a phased development plan to be put into place in consideration of the downturn in the economy at the time. In exchange for that, Flagstone agreed to pay, for the first time, preconstruction rent; and since February of 2010, Flagstone has paid in good faith a total of $2.416 million to the City for the property. Commissioner Sarnoff. From what time to what time? Mr. May: February 2010 to the present. Coincidentally, while Flagstone was making these payments to the City and waiting for the mixed -use development market to return, the City was able to use, with Flagstone's good faith agreement, a portion of the upland site that was subject of our agreement to enter an eventual leasehold to stage the construction of the Miami Tunnel. This is -- actually turned out to be a blessing for all of us involved, and that it is hard to imagine both the Tunnel and Flagstone being built simultaneously, given the constraints of the site. And if Flagstone would have built -- would have been built first, the impact of the Tunnel construction would have been literally unbearable and undoubtedly cause negative financial impacts to the project. You remember -- you may remember in June of last year, Related -- The Related Group was a potential partner for the project. They came before the Commission and asked for an extension of the deadline, which was September of 2013, and that extension is now June 2, 2014, which we are coming up to in literally just a few weeks. Just to refresh your memory, the Mega Yacht Marina is part of the project. It's designed to specifically harbor yachts up to 400 feet. The project also contains 221,000 square feet of restaurant and retail. And just to remind you, one of the causes of the Related request for extension last June was the fact that they wanted to actually increase the size of the development, specifically on the retail, from 221,000 square feet to about 590,000 square feet, or close to 500,000 square feet. In addition -- and l just want to point out that now the project is the very same project that was approved by the voters and approved by the Commission back in 2001 originally. In addition to the retail component, there are two hotel properties, a four- and five-star property, for the combined 600 keys, 106 of those which are slated to be fractional ownership units. There's also obviously the public waterfront and public space component, as well as a marine museum and a fish market. And what does it mean for the City? Just to refresh your memory, in March of this year, Miami Economic Associates, led by its principal Andy Dolkart, conducted an updated economic and fiscal impact analysis for the project; and for the City ofMiami, it means the following to the City itself: a minimum of $2 million annually in minimum rent with a CPI (Consumer Price Index) increase each year, meaning that that minimum rent is going up. In addition to that, there's percentage rent on top of that, which is 1 percent of gross revenues, and that kicks in in year four of operations of the project. And the total rent in year four, by our combined projections, is estimated to be $3.1 million in total rent to the City. In addition to that, there are ad valorem taxes of -- in the first three years of operations of $22.5 million, and starting from year four onward, its projected for ad valorem taxes to be about $7.5 million annually to the City. In addition to that, there's parking surcharge revenue that's projected at about $1.9 million annually. And if you add all that up, the total recurring revenue to the City between all those sources is about $12.5 million annually, starting in year four of the project. In addition to that, as part of the agreement with regard to the fractional ownership units, the City is projected to receive $13 million from the proceeds of the sale of those fractional ownerships, and it is important to note that those fractional ownerships are optional on the part of Flagstone. If they decide not to go forward with them, Flagstone still has to pay the City a penalty of $3.7 million. City ofMiami Page 79 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 What does it mean in terms of jobs? In term of jobs, the construction jobs alone conservatively project over 1,600 annual full-time jobs during construction; upon the build- out and the project getting going at full steam, conservatively projects about 1,100 full-time recurring jobs. As part of those jobs, we have, as you all will know, a first source hiring agreement, which has been signed with the City, and that agreement must be an attachment to all of our subleases and all of our construction contracts and subcontracts, and that agreement -- I'm going to hit on the high point -- requires the following. The contractor must provide employment to low-income individuals with the following order of priority: first, Overtown residents; second, City ofMiami residents; and third, Miami -Dade County residents. We're also required to have a skills and training program during construction and must provide onsite and offsite training. We must do so during the construction of the marina. In addition, a minimum of 40 percent of the jobs generated in construction and otherwise and specifically for plumbing, electrical, fire, landscaping and hard-scaping must be offered to low-income residents in the City ofMiami. Flagstone has been working with the City ofMiami Career Center in order to implement the first source hiring agreement, and this will, of course, include getting the word out to City residents through community notifications and holding job fairs around the project. It's important to note that Flagstone has a letter of intent with an equity partner, which is the Stillman Development International Group out of New York, and they are to be -- they are signed with a letter of intent to be the equity partner for the entire project, all components. Stillman is a third -generation, family -owned company that's been in business since 1968. They have developed well over a billion dollars of development in hotel, high-rise, commercial, and mixed -use projects mostly in the New York market over the past 15 years. But I want you to understand that Flagstone, despite that LOI (letter of intent), is fully prepared to construct the marina on its own and to fully fund its construction. I tell you this to underscore that our moving forward on June 2 is not contingent upon closing that LOI. Flagstone's intent is to continue to move forward, whether it is closed or not. To give you a sense of the timeline going forward, I want to let you know that on June 2, which is the deadline, Flagstone intends to commence the marina portion of the project, and that will start with mitigation activities of relocating coral and sponge, as well as to start getting this site prepared for the dredge that needs to take place. We will be fencing the uplands and putting up signage at the site, upon the tunnel contractor vacating the site. We will start presale and preleasing in September of 2014 for all elements of the project. The final selection of the hotel flags will commence with the start of the marina construction in June, and we have Ernst and Young on board to help us with that process. The institutional funding and construction financing for the unplanned development will be in place by the end of the year, and the target date for the completion of the project, in its entirety, is scheduled for December of 2017. What we have before you today is approval of a reinstatement of the State waiver of deed restriction on the site. I'm happy to tell you that the terms of that deed waiver are identical to the terms that were previously approved by this Commission on two separate occasions. The State will reinstate the terms of its original State deed waiver and be paid 15 percent of all revenues paid to the City by the developer. We had a very positive meeting yesterday with the Cabinet aides in Tallahassee, and we do expect approval in Tallahassee next week. With that, we hope and we ask that you, in good faith as our partner, approve the reinstatement of this waiver of deed restrictions in the form that's prescribed by the State. As to the companion item, it's simply an agreement with Flagstone and the City; knowing that the City has to make payment to the State on the 15 percent of our revenues, that we are obligated to pay the City that amount. Mr. Chairman, members of the Commission, I stand ready to address any issues that may be brought forward, andl expect there will be, and I'm here to answer any questions that you may have. Chair Gort: Thank you. My suggestion, we have a few speakers in here that going to have a lot of questions; there will be many questions. I want to be able to make sure that we write down all the questions. We're able to answer all the questions that come up during the presentation. Mr. May: Thank you. City ofMiami Page 80 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Okay. The public hearing is opened. Yes, sir. Mr. Hannon: Next speaker, Linda Carroll. Next speaker, Colgate Darden (phonetic). Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: In the meantime, if possible, ifI can make some comments. I have a schedule. I was scheduled to leave at 6p.m., soI want to make sure that get my comments on the record and everybody knows my position with this. So, if possible, do you mind ifI take the floor and speak with regards to this issue? Chair Gort: Sure, go ahead. Commissioner Carollo: Thank you. Let my start by saying that I'm not a movie buff but when it comes to Flagstone, it appears like Groundhog Day. I've been at this stance since 2010, and I've tried to raise everyone's awareness by even making light of it and asking the City Attorney, even though I was joking but I wasn't joking, the definition of "stringing us along." I've asked this Commission back in 2010 for us to be able to take back the land once there was a default, andl was on the losing side of that vote by 3-2. And it just seems like everything that we've heard today, we keep hearing again and again and again, just like in Groundhog Day. You know, something was mentioned today earlier that I think applies in this case also. When the voters voted back in 2001, the minimum rent was $2 million. Well, what's that dollar value in today's dollar, you know? I just -- I mean, you know, I don't know why we keep at this. I mean, it's just, you know -- And what's really, really sad about all this is that we have done, the City has done a real disservice to the residents, because not only do we have one of the most valuable waterfront properties there that is not producing the revenues that it can, but we haven't even used it as a green space. Talk about one of the most valuable properties, waterfront property overlooking the skyline -- Do you want to see a beautiful view of the Miami skyline? Go to that property and look at the skyline. And we haven't even used it as a green space; at the very least, something, more or less like Bayfront Park, where you could have had a Trust to manage that property and, yes, earn revenues. So I just -- I'm tired of this consistently coming back to us, consistently just -- it's just -- when does it end? I think the City should have taken back the land when I requested it back in 2010 and, in all fairness, you know, really do something worthwhile there. So, again, I'm going to be voting against this. I do have a 6 o'clock appointment thatl do have to leave to. So I don't know how much longer we'll be speaking about it, but am definitely, definitely against this resolution in front of us. Thank you. Chair Gort: Thank you. Mr. Hannon: Laura Reynolds. Laura Reynolds: Laura Reynolds, 5530 Sunset Drive, Miami, Florida. Thanks for indulging me for another two minutes; same letter. I have addressed similar information in the letter on Resolutions 9 through 11, and what I wanted to raise here is something that Mr. Carollo already raised, which was the fact that this went to the voters in 2001, andl would bet that after that much time, if you put this back to the voters now, given the fact that, you know, it is a vulnerable area, it is sensitive, you talked about green space, the voters might vote to put something else there. And so I wanted to raise that issue. In addition, the other issue is highlighted in the letter. This is still the Biscayne Bay aquatic preserve. It is still -- it has many deed restrictions. And again, I outline the Mayor for the purpose for the public good. I don't think that this application before you fits in that category, so I urge you to deny this before you today and also number 11, Resolution 11. Thank you. City ofMiami Page 81 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thankyou. Commissioner Carollo: Mr. Chairman, ifI could just say something with -- related to what she said. Back in 2012I tried to have a referendum or have this Commission pass a motion to have a referendum where after X'humber of years -- in other words, if a lease property is voted by the voters, they will have X'humber of years in order to do the construction, because it's really unbelievable that back in 2001, this is when the voters voted for this. And, yes, if you look at history, from 2001 to now, there's been a lot of people that have been voted in offers [sic], voted out of office; and in fairness, there's not an infinite amount of time or there shouldn't be. I mean, all of us have term limits, so I think there should be some type of term limits. So I tried to do something back in 2012 with regards to that so it goes to referendum, and actually, very candidly, I'm going to try again to see if it'll make it to the August election so that -- And once again, I'm reasonable about it, you know, but there should be an amount of time, once it's passed by the voters, for construction to start, at least to occur, begin, the permits being pulled because there's no reason that it should be 13, 14 years and we're still at this and nothing has occurred, against the wishes of the voters. Chair Gort: Thankyou. Ms. Reynolds: Mr. Chairman, I was going to just say this on item number 11, if you would just indulge me for another 30 seconds. Along the same vein, the biological assessment of this area is over a decade old as well, so there could be soft and hard corals growing there; and what this Flagstone has done is mitigated for .96 acres of sea grass. That could be totally different today. So at least, if you are going to move this forward, which I hope you don't, make sure that you have not only an up-to-date land assessment but new information as you move forward. So at least extending this, giving yourself more time to get the accurate information would also be good. Chair Gort: Thankyou. Mr. Hannon: Robert Zimmerman. Robert Zimmerman: My name is Robert Zimmerman. I live at 1000 Venetian Way. Mr. Sherman Colgate Darden wanted to speak to the Commission; he waited many hours, but he had to leave to a nonprofit event. May I read his very brief statement prior to reading mine? Chair Gort: Go right ahead. Mr. Zimmerman: Thank you very much. "My name is Colgate Darden andl live at 250 West San Reno Drive. I'm asking the Commission to postpone the Flagship project in order to conduct up to date and proper studies of traffic issues facing neighborhood roads and the residents of the City ofMiami and all others in the County and directly bearing on the County's economic engine, our travel industry. The following information comes in part from past observations, discussions among various homeowners associations, and the Venetian Way Neighborhood Alliance, among others. In addition, professionals from out of the City were retained to offer their expert opinion on this issue. There has been no traffic evaluation of the impact of the Flagstone project since 2004 and partially updated in 2008. The expert analysis of prior studies was conducted by Little John Engineering Associations based in Orlando. This firm was selected because of the fear that local firms are potentially under the thumb of the City itself and stand to lose business if a study is adverse to the proposed City interest. Their conclusions were straightforward. The earlier studies were materially outdated, and the study design was insufficient and brings into question the validity of the traffic study as a tool to be used for the project entitlement processes today. I'm attaching the study summary to my comments and ask that they be inserted into the record." Thank you. And I'll read my statement. My name is Robert Zimmerman. I'm the president of the 1000 Venetian Way Condominium. I City ofMiami Page 82 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 represent 300 residents of the City ofMiami, who believe that the current proposal will be extremely detrimental not only to our neighborhood but also to the entire population of downtown Miami and the Venetian Causeway neighborhoods. I speak officially for my association, and I'm also in contact with several other homeowner groups who share our concerns. We're concerned about all the issues that Mr. Herbits and others have raised and will raise here tonight: a lack of a current traffic analysis, public subsidies to a private developer, impacts on public safety, and evacuation resources and other concerns. I would like to focus on environmental issue in my discussion here. The dredging activities that will be required for the Flagstone project will deepen the channel, thereby strengthening the impact of storm surges. Stronger storm surges will negatively affect the Biscayne Bay ecosystem, as well as the billions of dollars of buildings, homes, and commercial properties located on the shoreline, including those along Biscayne Boulevard and the Venetian Causeway. I ask these questions: Does the current agreement require that adequate insurance be maintained for the inevitable damage that will occur at some time in the next 75 years due to sea level rise and the storm surges that increase in strength and size as a result of the deepening of the channel? How are all those homeowners and property owners going to be compensated for the increased storm surge damage to our properties that will occur in years to come as a result of the dredging this project requires? If the City fails to require the developer to provide proper insurance for these increased risks, we, the taxpayers, will be required to compensate property owners for the damage surges cause. This requirement represents another subsidy for the developer to which our community as taxpayers is opposed. Thank you very much. Chair Gort: Thank you. Mr. Hannon: Steven Herbits. Steven Herbits: My name is Steven Herbits. I live at 1000 Venetian. I request that my -- full text of my remarks be included in the record if possible. I make a very brief statement now. My comments here are not intended as a criticism of the City's original agreements; however, in the year 2014, the combination of vast public subsidies for a private developer on public land, plus the major changes generated by the City ofMiami in recent years call for a serious reevaluation of the community's vision for Watson Island. The project does now propose involves a multitude of public subsidies that will be imposed on the City's taxpayers for the benefit of the developer. First, the current proposal allows Flagstone to pay rent based now and into the future on appraisals conducted in the year 2002. It is now 2014, and the land has increased in value by a multiple of almost 400 percent, based on the appraisals that the City itself conducted in 2013 for The Related Group proposal. Based on these appraisals, the minimum rent should be over $7 million per year. Public records show that even the officials at the Florida Department of Environmental Protection suggested that new appraisals be obtained by the City and a third by the State and rents updated to current fair market value for the entire project, as the State receives rent for this project as well. I understand that the City Charter forbids the Commission from leasing public land, unless it is for fair market value. We've just heard this discussed in the previous discussion. My question is: Has the Commission asked its attorneys if the current rent structure meets the requirements of Charter Section 29B? We were also informed yesterday that the City commissioned two new appraisals. My questions are: Why were the new appraisals suddenly requested by the City? Is it the Commission's intention to change the current rental structure to account for the new appraisals? And why hasn't the public had an opportunity to review these before the Commission meeting? Secondly, according to scientific data and models, this -- the work done on the bay will create an increased likelihood of damage from hurricanes, storm surge and wave impacts due to the faster flow and higher waves that will be generated by the deeper waters upon which the project will front and the gradual, much deeper water resulting from sea level rise during projected 75 years. There is no evidence that the proposal has taken account of the full potential to suffer massive damage in year 2020, 2030 or 40 or 50 due to the unanticipated impact of these factors. This risk creates an even greater financial exposure for the City than is currently disclosed. My question is: Is there a sufficient insurance mechanism to City ofMiami Page 83 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 protect the taxpayers from this risk in the current agreement? If not, it is another taxpayer subsidy hidden from the public, given to the developer. This concern is not some futuristic or media conjured fantasy. Last month Illinois Farmers Insurance Company, you've just heard, filed a class action lawsuit against the City of Chicago accusing the City of not adequately increasing their storm water storage capacity that caused heavy rainfall to flood hundreds of homes in 2013. Third, Flagstone's failure to launch this project for the past 10 years is common knowledge throughout the community. My question is: Has the Commission investigated the reasons this developer and this project, with all of its changes and expenses, have not received any support from the financial markets all these years? I'd like to clarify one specific issue: Despite language in an earlier resolution extending the deadline for this project, the financial problems were not started by the global financial downturn. That did not occur until the late fall of 2008, fully four years after the MUSP (Major Use Special Permit) was approved. The resolution misstates a matter of fact. Public records show that even in Tallahassee again, government officials had concerns about the developer's lack of progress and doubts about its ability to succeed. That is why the State amended its modification documents to wash its hands of any particular developer and place the entire burden offailure on the City and the taxpayers. In the case offailure, for whatever reason -- financial, structural design, lack of business management, competition from the other $10 billion in downtown development, including three other major mixed -use mega projects, plus Merrick Park, plus the Design District upgrade, or whether it's just a bad idea -- the taxpayers would be stuck with a need to resale the facilities at an even greater subsidy or demolish them. My question is: Has this risk been built into either adequate insurance provided by the developer or into the rents for the use of this public space for private profit? In either case, if it is not done, it is another taxpayer subsidy. Fourth and final, there are forms of subsidies for which no record seems to provide an answer. My questions are: What are the incremental costs to the City, the taxpayers for capital expenditures being provided for this particular property over and above developments on the mainland; infrastructure, roads, wastes, water, and other services; fire- rescue, police, security, et cetera, on the bay? If there are unusual costs to the City being provided this development, it is yet another subsidy, unless the rent covers them. These issues, I'm -- I will suggest are far from going away. I know it's been 13 years. I suspect it's going to be a lot longer before all of this is resolved. Thank you very much. Chair Gort: Thank you, sir. Mr. Hannon: Samuel Dubbin. Samuel Dubbin: Thank you very much, Mr. Chairman. My name is Sam Dubbin. I'm an attorney. I represent Steven Herbits and the 1000 Venetian Way Association, Inc. I am attorney. We're here to discuss the current proposal, not to criticize the original plan. Andl want to emphasize that notwithstanding what Mr. May said about the current proposal being, quote, the very same project that was approved by the voters in 2001, that is not the case. The MUSP has been modified at least once. The project was changed substantially in 2009. Those have all been acknowledged in City resolutions and State resolutions, and there's another MUSP modification pending, so we're talking about what's on the table today in 2014, a totally new project. I did hand to the City Clerk Exhibits 1 through 10, which I request be made part of this record. They support the points that I'll be making in this presentation. And understand that there's some flexibility, since I'm representing a homeowners association, in terms of the time thatl have to make this presentation. The first thingl wanted to inform the Commission was that I have a letter here from Professor Stephen Mahoney. He is the conservation chair of the Sierra Club ofMiami. His letter requests that the Commission take a pause; that this matter -- the new matter from the State has now been put on this agenda with seven days' notice. He believes it has serious environmental ramifications and others and asks that there be adequate time for all of the ramifications and implications of the current proposal to be considered. My clients oppose the proposed resolutions, andl will address today the issues that seem to be the most prominent that have been suggested in the recent discussions, since in the last ten days or so when the State City ofMiami Page 84 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 and the City evidently got together and decided that they would make an effort to allow Flagstone to have the approvals to meet the June 2 deadline. The principal argument that I -- that we've heard is that the City has an obligation, quote, in good faith to continue to allow Flagstone to meet the June 2 deadline, because of the June 10 resolution and modification. So there are a number of questions about good faith on the -- that the City might owe, because if a contract has a good faith obligation, it's a bilateral obligation; the other side has a duty of good faith as well. The first question is, back in 2010 what was the consideration that was given by Flagstone for that so-called good faith obligation? The public record shows that although there was an addition of preconstruction rents, there was also a withholding of previously due rents, and what I would only classify as a game of chicken where the developer said, "We'll pay this money if you give us the extension." So first question is: What was the consideration paid for the good faith obligation? Now the question is: Is Flagstone acting in good faith? Because the reason we're here today is that although the State approved a modification in 2011, Flagstone violated the terms of that partial modification in January of 2012 when it failed to satisfy the outstanding judgments that were specifically referenced in that 2011 modification. Now, records -- that was January 2012. Records obtained from the State of Florida in the last few months -- last few days actually -- show that, as the City was pushing the State to make this deal happen, as late as April 14, 2014, some of those judgments were still unpaid to over two years after the original default. So if Flagstone had an obligation to the City and the State under the 2011 State approval, failed to meet it in January 2012, and failed to correct it even in more than two years after that time, I think that raises a question of the good faith of Flagstone. Flagstone also failed to pay the State the preconstruction payments it was obligated to pay under that 2011 agreement. That's over $225, 000. And the current proposal from the State obligates the City to pay that money. Now, I understand there's an escrow that Flagstone's law firm is holding of $226, 000, presumably, to meet that obligation. But think about it: That money was owed, contractually owed by Flagstone in order to meet its good faith obligations under the agreement, and instead of paying it, they put it in escrow and made the demand that it will only be paid if the deal is perpetuated. I don't know of a landlord who would allow a tenant to withhold rent for two years, put it in escrow, and then tell the landlord "I'm not going to give you the money from the escrow unless you extend my lease." That's just not the way people behave. So holding back on that money is not good faith. Andl think, Mr. Chairman, the City has the right to ask Flagstone and ask the City Administration where is the demonstration of good faith? Because that's -- this is a matter of record. There's another consideration, again, in public records, which we had to fight in court to get, that as of February 2013, City records show that Flagstone owes the City $302,150 as payment for the DRI (Development of Regional Impact) credits it obtained back in 2005. This is an e-mail (electronic) -- I put it in the record --from Mr. Madan, a City staff person, and it states very clearly that on February 12, 2013, Flagstone Island Gardens has only paid the reservation portion of the DRI. According to the original invoice issued in 2005, they still owed $302,150. This will have to be revised, based upon updated fee coefficients. So Mr. Chairman, I ask you -- perhaps the City would be prepared to respond -- has that been paid? And how was it good faith for Flagstone to withhold $302, 000 that it owed the City as consideration for getting the right to propose this rather large development on Watson Island and not pay the City for over eight years? Where's the good faith? So when the good faith argument is made, it's a bilateral obligation that the City has pushed hard, but the -- so the other serious concern I need to raise, Mr. Chairman, is that this deal, from what's publicly available and in this record, violates Section 29B of the City ofMiami Charter, which prohibits the Commission to lease City -owned land unless it obtains fair market value from the lessee. The -- it's clear that the current lease payments were set on 2002 appraisals. That's well documented. It's in the State cabinet approval. It shows the 2001/2002 appraisals valuing this property at 29.3, $29.4 million. That yielded the $2 million minimum payment. In 2013 the City authorized new appraisals for the Related proposal, and the appraisal that was done by Investors Research Associates, Inc., May 26, 2013, was only addressed at the increment that Related was going to add to the existing base line. That was -- again, public records reveal that it was the developer who pushed back on the City and said, "Well, if you're going to do new appraisals, we think it should only apply to the increment; " question whether or not the City was right to acquiesce on City ofMiami Page 85 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 that, but that's what the new appraisals did. And this is Exhibit 5 in the materials that I submitted. It concludes at page 52 that the fair market value of the land today was $45 FLR, yielding an incremental value in 2013 of $17.1 million, but what about the original footprint? That value has gone up astronomically as well. Why? We all know that the population has expanded in Miami; commercial activity, cultural activity, hotels. So the -- if you extrapolate the $45 FLR that the 2013 appraisal of the City found to the entire project, that land today is worth $110 million in 2013. I suspect in 2014, it's worth even more. And so the fair market rent, as Mr. Herbits said, today, it's not two million minimum; it's over seven million minimum. So what Section 29B of the Charter providing that the Commission is prohibitively -- prohibited from favorably considering any sale or lease of property owned by the City, unless there is a return to the City of fair market value under such proposed lease or sale. This data is in the City files and in the public record. So you might ask the City staff whether there's a contractual provision that somehow ties the City's hands to only charge rent based upon 2002 appraisals, knowing that today the fair market value is almost 400 times greater than that; and if there is such a provision, you might ask whether it violates Section 29B of the Charter. This is an issue that will surely result in litigation, I suspect, depending on the outcome. The final point is, the processes the City has engaged in to advance this project have been very -- have been deeply troubling. They've been secretive with minimal public scrutiny and input. My clients have had to file a number of public records lawsuits in order to get public documents that are really public records under the law. The City's responses have been constantly delayed and obstructive. When records are produced, they're invariably 10 to 12 weeks old, which means that the information that my clients get is sometimes unable to be acted on because the City's already taken the next step. So this is a very troubling development, and they use the excuse that they have to search for exemptions, but the exemptions that are found have nothing to do with this project, and so it's a delay tactic. And most recently, this morning Judge Abby Cynamon ruled that the City's withholding of a very large body of documents for over four months, using the argument that they were exempt under the Public Records Law, was invalid. Now, these documents that were withheld go directly to the negotiations that took place between the State and the City over the last several months. By denying my clients access to those public records, which the judge ruled today my clients were always entitled to, the City prevented the public from having a meaningful input with the information that the City had as to what was being decided at the State level. That's -- that totally guts and undermines the purposes of the Public Records Law. So I would also ask the City here today, because the judge gave the City three days to produce those records, whether it will agree to produce them voluntarily and waive its right to appeal, because we hope that this Commission believes that with the judge already ruling that this was an improper claim of exemption, that it would be in your interest for the public to have all the information they need to meaningfully participate in this entire dialogue. So I would just conclude by saying that, you know, there's talk about litigation and suing as a result of this decision; could be. One way to avoid that would be to take a step back and say serious questions have been raised about the fair market value of the rent, about the environmental impacts, about the lack of a traffic study, about the secrecy with which these negotiations were done at the State. Why not extend the deadline for Flagstone? Put -- conduct current studies by, you know, independent experts outside of South Florida so that you really know and the public really knows that they're getting the straight scoop so that there can be a meaningful, substantive dialogue between the City and the public about exact -- about the future of Watson Island. Because as Commissioner Carollo said, it is the last great public land, and with all the development that's occurred downtown in the last decade, development which the City itself has cited to get the Pottinger restrictions waived, why would the City subsidize a private developer to do on Watson Island what the private market has been doing downtown all this time? Unidentified Speaker: True. Mr. Dubbin: That's the position of my clients, andl hope that if there are any questions, you'll give me the chance to answer them, and thank you very much for the time. City ofMiami Page 86 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Next. Commissioner Suarez: That's it? Mr. Hannon: Al Crespo. Commissioner Suarez: I thought Al already went. Al Crespo: Al Crespo, North -- 689 Northeast 92nd Street. Well, I certainly can't top that, but can echo the concerns that this gentleman raised about public records. You know, I know all of you at one time or another and some of you all the time really have a real antipathy towards what I do and how I'm able to get the documents that I'm able to get, but I get public documents. I don't come here with a gun and a mask and say "stick 'em up; give me the documents." I write a letter and say, `I'd like to have the public record." Yes, Mr. Torre, you too, with your shrug. You know, we're going to have a real serious problem, Mr. Torre here, in a minute, but to get back to this issue, to get back to this issue. Mr. -- Commissioner Hardemon, you know, you're the luckiest City Commissioner in Miami, because you heard Mr. May talk about the fact that the first people are going to get hired are the folks in Overtown, you know. And Mr. Berkowitz here, he wrote a letter to ED5, to Congressman -- Congresswoman Fredericka Wilson, you know, citing the fact that the importance of his doing -- building his project was, in part, predicated on the fact that of all the benefits and all the jobs that were going to come to the folks in Overtown, and those good folks over there are going to build a World Center. They, too, have said "Boy, you know, it's all about hiring the people in Overtown." You know, you're going to have to start bussing people into Overtown to be able to get all these jobs that all these developers keep talking about they're going to provide for the folks in Overtown, 'cause you ain't got enough people there, you know. This is an amazing thing. I think everybody should be applauded for this, you know, for all of this, you know, rhetoric, you know, and hypocrisy and how they do this, you know. And the first people they put out there are, "Well, we're doing it for the folks in Overtown, for the jobs. But in reality, you know, the folks in Overtown don't get the real jobs and they don't get the real benefits, 'cause if they did, Overtown wouldn't be in the bad shape that it's in and continues to be in, you know. So that's all just -- I can't even say the word. But you know what I'm saying when I say that that's all "caca, " you know. So that's what -- Vice Chair Hardemon: I need your help. Mr. Crespo: Huh? Chair Gort: Thankyou. Vice Chair Hardemon: I need your help. Mr. Crespo: Well, brother, I told you, call me any time. Chair Gort: Thankyou. Next. Mr. Hannon: Ken Jett. Ken Jett: Ken Jett, 8320 East Dixie Highway. I'm here today representing myself as an individual taxpayer. It's going to be quick. I'm just going to urge you to oppose both 10 and 11. If you do anything short of turning it back to the people, it will be a sad day for me. Thanks. Chair Gort: Thankyou. Mr. Hannon: That's it, Chair. City ofMiami Page 87 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Okay. Now, I'll close the public hearing. A lot of questions have been come up, and hope you written down so you can answer those questions. I have two of them. My understanding, two statements has been made that the -- this contract has been in default twice. I want to hear from my staff. Commissioner Sarnoff. Can I (UNINTELLIGIBLE) ? Chair Gort: Sure, go ahead. Yes. Commissioner Sarnoff. So, Madam City Attorney, I'm duly impressed by what everybody said today, and I'd like to renegotiate with Flagstone right here. Do I have the right to do so? Robin Jones Jackson (City Attorney's Office): Robin Jackson, Senior Assistant City Attorney. At this point, there is only one thing that I have heard that I was not aware of in regard to some payments of fees to the City, so I would like for someone to please address the information about the DRI fees. The information about the escrowed monies, which I appreciate Mr. Dubbin, I think, has only got part of the information, they're not monies to the City. They are, in fact, monies that are escrowed to the State, and the State actually has refused to receive the monies until a new set of partial modifications was negotiated. So I wanted to clear the record up for that. So whatl need to do is I need to hear from everyone about the DRI fees. Thank you. Mr. Dubbin: Could respond to that point? Chair Gort: Excuse me. Mr. Dubbin: Sorry. Francisco Garcia: Good afternoon, Commissioners. Francisco Garcia, Planning & Zoning director for the record. I would like to confirm that the statement that was made is correct. Thus far, the amount of $63,161 has been paid towards impact fees. It has been accurately described as a reservation fee that includes the master planning recovery fee and the administrative processing fee, and that is all that is due at this point in time, until such time as they apply for and pull a building permit. Commissioner Sarnoff. So, Madam City Attorney, I'd like to re -ask my question to you one more time: I am empathizing, sympathizing, curious, that I'd like to renegotiate with Flagstone right here, right now, and impose upon them some really big fees and costs and rental payments. Do I have the right to do so? Ms. Jackson: I need to ask a question again of the Planning director. Thank you. Mr. Garcia, if you could come up. Mr. Garcia -- andl appreciate that have not had the opportunity to have this or aware of this particular circumstance -- at what point in time are those DRI fees due to the City? Mr. Garcia: The ones that have already been paid or the ones that are still outstanding? Ms. Jackson: The ones that are still outstanding. Mr. Garcia: I will state it again for the record that those would be due at such point in time as they apply for a building permit. Ms. Jackson: And at what point in time would that be? Mr. Garcia: Whenever they are ready to apply for a building permit. There is no time limit on that. City ofMiami Page 88 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Ms. Jackson: Thank you. And in regard to the ones that have previously been paid, then they have fulfilled all of the current obligations at this time for any of the payments of those fees? Mr. Garcia: That is correct. Those fees were paid back in 2005, and that was done to reserve their DRI credits, which they have done. Ms. Jackson: Thank you, sir. Mr. Garcia: My pleasure. Ms. Jackson: Mr. Commissioner, Chair, Vice Chair, I believe then that at this time that we do not have a circumstance where Flagstone has not fulfilled the conditions precedent upon which they are obligated at this time to fulfill, okay. So I believe that what they're saying is that they have done the things they're supposed to do in good faith, andl believe the City has done what it is supposed to do in good faith. Now, let me come in and explain a few things on the record, because I realize it's very hard for people to realize that when a referendum occurs in 2001 and the voters approve a project with minimum terms and conditions and then the project, for whatever reasons over time, takes long time to do this, as this one has, that there could not be economic ups and downs, which have occurred. However, in 2010 and 2011 Flagstone and the City reopened the total negotiations of every single thing in this deal, andl will say thatl appreciate the efforts that many of you on this board and our Commissioner who's right now out at another meeting and our former City Commissioner, you know, who was here that assisted, as well as our former City Manager, Carlos Migoya. The whole thing was totally renegotiated at that time in 2010 and 2011. At that time, they could have renegotiated for update appraisals. That did not occur. What did occur is an annual update CPI (Consumer Price Index) index that happens every year on the anniversary date of the possession date under the first lease. That has a floor and it has a ceiling. It has a 1 percent floor on the increase and a 5 percent increase, which is the ceiling, so every year there's an opportunity for the base rent to be revisited to do that. The minimum base rent is $2 million. Regarding the insurance, I will say to you right now, there's not a legal requirement regarding the sea level rise study. I believe had there been in place in 2010 and '11 sea level rise study requirements on the Federal and State level, that that would have been included in the agreement then, but vis-a-vis that, right now there's not a legal requirement to have that study. However, I do believe that the insurance provisions, which are subject to City Manager approval, with Risk Management approval -- and, you know, Flagstone has worked with us to be able to look at what's reasonable under the circumstances regarding insurances as it's needed from time to time throughout the project. In regard to everyone's good faith obligation, Flagstone has been to the State. The City has been to the State. As you all are aware, the State Board of Trustees will consider this on the 13th. The City's obligation is very clearly only in place if the City receives money from the developer. I said this yesterday at the Cabinet aides' meeting on the record in a question that was posed to me by the Attorney General's Office. The question to me was, "What is it that the State receives? "The very clear answer is, "The City is only obligated to pay the State 15 percent of whatever revenues the City receives from the developer." The definition, so you understand, of "gross revenues" is 18 pages long. This Commission helped us in 2010 and 2011 to completely renegotiate that, and that encompasses all of the components: the marina component, the parking component, the retail component, and the hotel components. And the City will receive -- different percentages of those rents that the developer receives, the City is then obligated to pay the State. It's very clear. The State understand this, as of our meeting yesterday, and the draft that's there to be placed before the Cabinet that the City's obligation is only regarding what we receive. If there's financial difficulty for the developer and we don't receive the funding because the payments to the State are made in arrears, then the City is not obligated to pay the State. If we don't receive it, the State doesn't receive it. If we do receive it, the State receives it. It's very clear. I'm trying to -- andl appreciate -- I've been trying to take notes from what everyone said, andl certainly appreciate everyone's comments on this. I do believe that there is a letter and information from City ofMiami Page 89 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Flagstone about the updates on the conservation and coral and sea life mitigation, so I would like for them to respond. I'd be glad to come back to any questions that the Commission has to do that. And I'd like for Flagstone to, you know, continue to try to address the questions that are beyond my ability to answer, because they're really business questions. But, please, I'm glad to come back for anything else that you'd like for me to answer. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. My question really is -- andl thinkl have to go back to you, and then I'd like to get to the business questions. Ms. Jackson: Thank you. Commissioner Sarnoff. Is any attempt to improve this agreement could result in a breach of the agreement by the City? Ms. Jackson: Flagstone would have to be willing to do that, and I've said this to you previously in past years. At a point in time where there is no breach -- andl didn't know until asked Mr. Garcia the question on the record, because I was not aware of the DRI fees -- that there does not appear to me to be any breach, so Flagstone would have to be willing to do that. However, Mr. Commissioner, right now Flagstone has the opportunity to continue fulfilling the conditions precedent until June 2. At such time -- because several of you have asked me this question: What happens on June 2? On June 2, if the parties, you know, were not able to get this done, then there would be potentially an ability to renegotiate; there could also be ability for either the City or Flagstone to walk away from the deal. So -- and that was negotiated by this Commission back in 2010 and 2011, also with Flagstone, andl think everybody negotiated that in good faith. Commissioner Sarnoff. So then any -- do you mind? Chair Gort: Go ahead. Commissioner Sarnoff. So then any attempt to unilaterally impose by any Commissioner or the Commission to change this deal could be viewed as a breach? Ms. Jackson: Deja vu of 2011. I believe that, yes, right now a unilateral change of posifion is not possible by the City. I believe it would be a breach of good faith on behalf of the City, unless Flagstone was willing for it to be a mutual. But it's not something the City could unilaterally impose at this time. Commissioner Sarnoff. And if we did unilaterally impose that and they held us in breach, how many millions of dollars would we be exposing the taxpayers to the City ofMiami? Ms. Jackson: My understanding is that Flagstone has in excess of 58 million, okay, and it may be more than that. It's just 58 is the last documented amount that we were aware of. Commissioner Sarnoff. So a unilateral attempt by any Commissioner or the Commission to impose upon a new term that Flagstone was unwilling to accept could essentially just about wipe out our reserves in one fell swoop? Ms. Jackson: I'm not going to comment about the amount of the City's reserves, but I can say that it would be a very, very expensive potential breach. Commissioner Sarnoff. Okay. And then I have a question for you. Is that all right, Mr. Chair? Chair Gort: Go right ahead. 1'll leave it to the attorneys. City ofMiami Page 90 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Ms. Jackson: Thank you. Commissioner Sarnoff. I believe the real estate guy is better than me at this. I have a question -- Chair Gort: He'll go (UNINTELLIGIBLE). Commissioner Sarnoff. -- for you, Mr. -- Mr. May, it's good to see you on the side of good and just. Mr. May: It's great to be here, Commissioner. Thank you for having me. Commissioner Sarnoff. Ultramately [sic], it's a -- Commissioner Suarez: I think he's saying it's "ultra" good to see you. Commissioner Sarnoff. Right, ultra good to see you, ultramately [sic]. You were sued for a number of years -- not you personally, but your client was sued for a number of years, correct? Mr. May: Yes. Commissioner Sarnoff. How many years? Mr. May: About two and a half years. Commissioner Sarnoff. Okay. And that resulted in a settlement? Mr. May: Yes, Commissioner Sarnoff. And that resulted in a settlement with Mr. Herbits? Mr. May: I believe so, yes, sir. Commissioner Sarnoff. Okay. Do you have all the permits necessary to do the water portion? Mr. May: Yes. Commissioner Sarnoff. Okay. Are you in good faith belief that all of your payments to the City ofMiami are current and good? Mr. May: Yes. Commissioner Sarnoff. Thank you, Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you, Mr. Chair. I can understand the frustration that members of the community have when a deal begins in another decade and has not been started, and one such deal that Robin andl always talk about is our 2001 bond series that was approved in 2001 but is not finished in its expenditures, and it's 2014. You know, we as a Commission, I think, have -- when we got here, the deal was renegotiated at that point. Andl think we've reached kind of a deal fatigue point, andl think, you know, we've talked about that -- Mr. May: Sure. City ofMiami Page 91 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Suarez: -- where, you know, we feel that this is kind of a last stand, you know, one way or the other. Andl think, you know, what happens is every time this comes up, there's almost a re -litigation of the entire process. And, you know, in this particular case, I think what we're doing here is a very -- almost a ministerial act. But I do think there is a -- you know, andl think we all agree, andl think we all know, so I'm just going to say it -- that there is a point where this could be a deal that gets re -litigated an re -discussed if, you know, your client doesn't come forward and perform as we had hoped that they would. Andl think, you know, we've all -- part of the reason why we've -- and let me just digress a second and say -- 'cause I want to address a comment that Commissioner Carollo made, even though he had to go. You know -- well, let me start by saying -- let me ask the City Manager a question. Mr. Manager, how much money was the City ofMiami receiving from the Flagstone property prior to leasing the property to Flagstone? Mr. Alfonso: Expenses. Commissioner Suarez: Right. Well, first answer my question and then -- Mr. Alfonso: Zero. Commissioner Suarez: Right. Mr. Alfonso: It cost money. Commissioner Suarez: Right. So, in other words, we turn what was an expense of an asset into a revenue producing asset that is now producing a million dollars a year. Now, you could say we should be getting more, we should be getting less, but prior to this deal, we were getting nothing. In fact, it was costing us money to have this. And this has always been a very controversial piece of property. For many, many years there's been many, many deals that have come and gone and were never successful. So, you know, I think we find ourselves at a bit of a crossroads, you know, with the June deadline. I think what we're doing here today is ministerial, even though it affords people, since it's a public hearing, an opportunity to vent and express their frustrations. I have -- if the June date comes and goes, I'm open to the discussion of making this into green space and rethinking the project from its inception. You know, it has been a decade and a half. I do firmly believe that a mega yacht marina is something we do need in the City of Miami. I've always believed that and I've always said that, and that's part of the reason why I've always kind of bent over backwards to make this deal happen, because I think that's a component, as is mass transit, you know, as is a convention center. I mean, those are components of things that make a city great. So, look, I understand the frustration on the part of the members of the community. I understand the desire to kind of want to reanalyze this every time that there's an opportunity potentially to do it. I just don't think this is the right moment. I think the right moments will come potentially -- I'm sorry? Chair Gort: June 2. Commissioner Suarez: Yeah, in June 2, andl think there are many people that, you know, are not -- let's just say that the history of the parties is such that there has been doubt as to the ability to perform, andl think we've all been very clear about that too. So, you know, I think, you know, we'll know what's going to happen between now and then. I think, you know, this is not that moment. This is a moment for us to do what we have a requirement to do under our good faith covenant, which is to assist Flagstone in trying to receive its State waiver, which, in my opinion, does not put the City in any more detrimental position, because I think there was a point at which that possibility might happen, and there was a point at which we were being asked to guarantee payments and things of that nature, andl don't think that is what is before us now. So what's before us now seems almost to me like a swap of the parties and just kind of a reconfiguration of how the payments are made without any sort of a guarantee, and the deal was not materially City ofMiami Page 92 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 changed in any respect. Is that a correct restatement of -- would you consider that correct? Ms. Jackson: One positive thing is that the City no longer has a $300, 000 minimum payment to the State -- Commissioner Suarez: Right. Ms. Jackson: -- which was in the previous State waiver when we had the tri-party agreement among the City, the State, and Flagstone. Commissioner Suarez: Right. Ms. Jackson: The State, I think, very fairly recognized that it was not fair for the City to have that obligation if the City were, in fact, not receiving the funds to do that from Flagstone. So I believe that the State was very fair in dropping that minimum requirement, which we appreciated. Commissioner Suarez: And so I think you've summarized -- you've done a great job of summarizing the legal position of the City. Andl think, you know, what you're saying in effect is that this is actually -- this minor modification is actually an improvement to our position, ironically. I know that -- you know, members of the Venetian Homeowners Association, who are here, I know they have valid concerns. I'm not sure why, over the course of the last four years, this is the first time I see you guys, because I think there were moments where your concerns would have been -- well, it would have been better to see you, you know, in a moment where probably we could have been more effective at addressing some of your concerns. I think this moment is not it, but I'm willing to meet with you. I'm willing to discuss the future with you if -- you know, if the parties don't perform on June 2. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: The project, the -- doesn't it include 60 percent -- like a 60 percent green space, the Flagstone project itself? Are we sure? Does anyone know? Mr. May: I'm not sure that that's the percentage, Commissioner, but there's considerable green space on the property both along the promenade and on the upper deck. Commissioner Sarnoff. It's public space. Mr. May: It's public space. Chair Gort: It's public. Still public. Commissioner Sarnoff. Public space. Big public space. Chair Gort: Let me tell you, I left office in 2001; came back in 2010; and yes, I had a lot of frustration, because it was 10 years and nothing has been done. In discussion, the Related Group came to us -- I mean, another Related Group, but the developers came to us. At that time 2010/2011, and they were willing to open negotiation. At that time, I think we made some changes -- this Commission that's sitting here at this time -- to make sure that we get the best that we can at that time. And for that reason, my understanding is, I've been told by the Law Department we need to meet our obligations, according to all the statements has been made by our Legal Department and by the developers here. All the obligations has been made by the parties, so I'm ready to vote on it. Commissioner Suarez: Mr. Chair, can I ask one --? City ofMiami Page 93 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: I need a motion. Commissioner Suarez: I move it. Can I ask the Manager a question? Commissioner Sarnoff. Second. Chair Gort: Moved. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Moved and second. Commissioner Suarez: How much rent do we get from Miami Marine Stadium? How much rent do we get from Miami Marine Stadium? Mr. Alfonso: We don't get rent from Miami Marine Stadium. Commissioner Suarez: So it's a priceless piece of property that we get nothing for, basically, right? Mr. Alfonso: We're not receiving rent at this time -- Commissioner Suarez: Right. Mr. Alfonso: -- Commissioner. Commissioner Suarez: Thank you. Mr. Dubbin: Mr. Chairman -- Chair Gort: Okay. Mr. Dubbin: -- since my client's been mentioned in a negative and false light, I'd like to address Commissioner Suarez: In what way? Chair Gort: I'm sorry. Wait a minute. I don't think heard anybody speaking negative about anyone else. Okay. Mr. Dubbin: (UNINTELLIGIBLE). Chair Gort: I didn't hear anybody -- my state -- I don't have a statement or negative to any of the individuals, okay. Mr. May: I would like that same opportunity, if it's ever afforded to Mr. Dubbin. Chair Gort: Is any further discussion? Mr. May: Because my client's been impugned -- Chair Gort: Excuse me. Unidentified Speaker: I welcome that -- City ofMiami Page 94 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Is there any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. RE.11 RESOLUTION 14-00431 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A COMPLIANCE AGREEMENT WITH FLAGSTONE ISLAND GARDENS, LLC ("DEVELOPER") FOR DEVELOPER'S CONTINUING COMPLIANCE WITH THE PARTIAL MODIFICATION OF ORIGINAL RESTRICTIONS TO DEED NO. 19447-H (THE "MODIFICATION OF RESTRICTIONS"), WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (THE "BOARD OF TRUSTEES") AND THE CITY OF MIAMI, SUBJECT TO PRIOR APPROVAL BY THE BOARD OF TRUSTEES, AND TO UNDERTAKE ALL THE STEPS NECESSARY TO SUPERSEDE AND TERMINATE DEED NO. 19447-F. 14-00431 Summary Form.pdf 14-00431 Pre-Legislation.pdf 14-00431 Legislation.pdf 14-00431 Exhibit.pdf 14-00431-Submittal-Colgate Darden-Statement.pdf 14-00431-Submittal-Robert Zimmerman-Statement.pdf 14-00431-Submittal-Samuel Dubbin -Analysis Miami Economic Associates.pdf 14-00431-Submittal-Samuel Dubbin -Response from Tropical Audubon.pdf 14-00431-Submittal-Stephen Herbits-Statement.pdf 14-00431-Submittal-Samuel Dubbin -Correspondence and Appraisal.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Hardemon Absent: 1 - Commissioner(s) Carollo R-14-0186 Note for the Record: Please refer to Item RE.10 for minutes referencing Item RE.11. Chair Gort: RE.11, do I have a motion? Commissioner Suarez: So moved. Henry Torre (Director, Public Facilities): RE.11, Commissioners, is a resolution to negotiate and execute a compliance agreement between the City and Flagstone. Commissioner Sarnoff. Second. I'm sorry. Did you --? Chair Gort: It's been moved and second. Do we have discussion? Public discussion on both item at the same time. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. RE.12. City ofMiami Page 95 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Samuel Dubbin: Mr. Chairman, can the record reflect that opposition to RE.10 and RE.11 were joined, so that in case there's any -- Chair Gort: Yes. Oh, yes. Mr. Dubbin: -- legal question about a challenge --? Chair Gort: We made that at the beginning. We made that this -- public statements will be combined for the two. Mr. Dubbin: Thank you. RE.12 RESOLUTION 14-00363 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), BAYSIDE MARKETPLACE, LLC, A FOR -PROFIT FLORIDA CORPORATION, AND SKYRISE MIAMI, LLC ("SKYRISE"), A FOR PROFIT FLORIDA CORPORATION; AUTHORIZING SKYRISE TO APPLY FOR PERMITS ON THE CURRENT BAYSIDE PRIME LEASED PREMISES AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO COMMENCE LIMITED WORK ON THE FOUNDATION; HOWEVER, NO VERTICAL CONSTRUCTION SHALL BE ALLOWED UNTIL AN AMENDMENT TO THE BAYSIDE LEASE IS APPROVED BY THE MIAMI CITY COMMISSION AND THE CITY'S ELECTORATE BY WAY OF A PUBLIC REFERENDUM. 14-00363 Summary Form.pdf 14-00363 Legislation.pdf 14-00363 Exhibit- Agreement.pdf 14-00363-Submittal-Jeff Berkowitz-SkyRise Miami.pdf Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Hardemon R-14-0187 Chair Gort: Yes, sir. Henry Torre (Director, Public Facilities): Commissioners, RE.12 is a resolution granting the City Manager the authority to enter into a hold harmless agreement between the City ofMiami, Bayside, LLP (Limited Liability Partnership), and Skyrise Miami, LLC (Limited Liability Company). Commissioner Suarez: Guys, I'm going after this item. I got to get going after this item. Vice Chair Hardemon: Okay. Is there a need -- well, first of all, what I'd like to do is -- Chair Gort: (UNINTELLIGIBLE) here. Vice Chair Hardemon: -- I'll open up -- he gave me the -- just in case. City ofMiami Page 96 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Mr. Torre: Mr. Chair. Chair Gort: Yes, sir. Mr. Torre: Mr. Berkowitz -- Chair Gort: You're recognized. Mr. Torre: -- is here, and he has requested to make a small presentation, with your permission, on the Skyrise project. Chair Gort: Okay. Jeff Berkowitz: We are here today for the limited purpose of asking the Commission to approve a hold harmless agreement which would permit us to install three pilings over a construction duration of two weeks, at the beginning of June, so that we can maintain our rights under an existing FAA (Federal Aviation Administration) permit. We have agreed and Bayside has agreed to indemnin, the City. We have posted a $500, 000 cash bond with the City and have agreed to reimburse the City for any lost revenues, and we are here only for that purpose. John Charters, from Bayside, just had to leave to catch a plane. I'm prepared to make a presentation about Skyrise. I know that you have been here all day, and there has not been a business deal reached between Bayside and the City ofMiami that is currently under negotiation. We will be back in front of this Commission with the hope that we will be able to get infront of the voters on August 26 to approve or not to approve the Skyrise Miami project. But I am available to answer questions. We have a PowerPoint we're ready to show to the public. I can take you through the packages that have been distributed. The project will have an enormous potential economic impact on the community; the number ofjobs and the economic impact, the -- our economic studies, which have been vetted by the Beacon Council, show over 7,000 jobs during construction and over 17,000 jobs during operation. During the operation's phase, Skyrise intends to hire 900 people, which would make us a top 20 private employer in Dade County. We're talking about a City parking -- we're talking about a parking lot that has been leased to Bayside for the next 46 years, and hopefully, we will be able to make a deal that will generate from that parking lot, which has limited income potential, because it's not a buildable lot; it's covered with underground utilities that have to be removed; the 137 spaces on the property would have to be relocated, and the marina would have to be configured in order to keep the marina in operation during the period of time that we were constructing the property and digging out the pier. So for the next 46 years, that's Bayside's property. That's not really the City's property. But we are prepared -- Bayside and we are prepared to make sure that the City gets a fair return; and provided we can reach an agreement with the Administration in the next couple weeks that's fair to the City, fair to the taxpayers, we'll be back infront of you to present that deal and ask that you approve an amendment to the existing Bayside lease to permit the additional density and height and ask you to send that to the voters for their approval. Chair Gort: Okay, thank you. Yes, sir. Daniell Alfonso (City Manager): Well, Commissioners, what is before you right now is -- I guess you can listen to the presentation, if it's your wish, but what is before you right now is the hold harmless agreement. Chair Gort: Okay. How do the Board feels [sic]? Guys, you want to listen to the whole presentation? Commissioner Sarnoff. I -- yeah, I don't know that I need to listen to the presentation. I may have some questions, andl may have some comments, but why don't you open up a public City ofMiami Page 97 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 hearing. Chair Gort: I will. Okay, let's open a public hearing. Nathan, you're up. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. First of all, I'd like to thank Mr. Berkowitz, who met with me and Barbara Bisno and Peter Ehrlich as representatives of Scenic -- Miami-Dade Scenic Florida, where he memorialized an agreement not to put any LED (Light -Emitting Diode) should he be allowed to build Skyrise. So in that regard, I'd like to thank Mr. Berkowitz. There is another hand, however. I believe it sets an awful precedent to allow construction of any kind, be it horizontal, vertical, or diagonal, to take place prior to the referendum which will decide whether or not the citizens ofMiami agree to have this property, and that is basically my understanding of what RE.12 is about to do. You're being asked to approve his ability to erect the horizontal platforms upon which this tower will stand. Again, I believe this sets a horrible precedent. We, as voters in the City ofMiami, get to vote prior to a construction project and not after. Thank you. Chair Gort: Thankyou. Ken Jett. Ken Jett: Ken Jett, 8320 East Dixie Highway, again here today representing myself. The same concerns that Nathan, I share those concerns. Are we getting to the place where we've stripped away the illusion that our votes count when we go to the voting booth? If you're doing anything, I'd make sure that those pilings that are put in would be able to be ripped out just in case our voices still do count when it comes to voting. I recommend that you do not allow this entity to start building on something as if the vote is already in the bag. Thank you. Chair Gort: Thankyou. Mr. Crespo. Al Crespo: First off I'd like to correct Mr. Manager. Chair Gort: I'm sorry. You are? Mr. Crespo: Oh, I'm sorry. Al Crespo, 689 Northeast 92nd Street. Mr. Manager, you said that the City received no money from Miami Marine Stadium. The City does receive money from Miami Marine Stadium. You rent the parking lot. You rent it repeatedly. You rent it for film companies. Money does get generated from that property. The same thing with the property at Chair Gort: Excuse me. Mr. Crespo: -- Watson Island. Chair Gort: What's (UNINTELLIGIBLE)? Mr. Crespo: To get to this issue. Chair Gort: (UNINTELLIGIBLE). Mr. Crespo: To this issue. On April 2 the City Manager sent Mr. Berkowitz a letter. I have a copy of it here. There were three conditions that were set in this letter. The last condition was -- andl'd like to read it -- "The Bayside lease agreement must be negotiated in its entirety, term renovation, plan, financial considerations, et cetera, by 5 p.m. on May 2, 2014, in order for it and the corresponding referendum question to be considered at the May 22, 2014 City Commission meeting. Please note that the day of May 2 will be our final opportunity to consider approving language" -- "May 22 will be the final opportunity to consider approving language for the regularly scheduled August 2014 election." Well, we've already heard that the contract City ofMiami Page 98 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 between the City ofMiami and Bayside has not been completed. So right off the bat, a letter with terms set by the City Manager has not been complied with. So either your word counts for something or it doesn't count for something. If you set a deadline, did you set a deadline on American time or Cuban time, you know? And get to say that 'cause I'm Cuban, you know. So that's issue number one. Issue number two -- I'm sure all of you have seen the photographs I took this morning. Now, I've been told that that was an error; that, in fact, the notice of Code Enforcement violation that was served on Bayside had to do not with a regular set of violations having to do with a building, but it was supposedly having to do with a 40-year referendum. Commissioner Suarez: Certification. Mr. Crespo: So -- that's not what the Code violation says, andl have it here on an iPad. But was just told also that they are in the process, as we speak, patching up those holes and doing all that stuff. So it's amazing what just some old blogger in Miami can get people to do. I mean, they didn't do anything for a year, right? This -- that building's been falling apart for a lot of years, and that Code Enforcement thing has been there for a year, and all of a sudden, because I posted some photos today, they're over there patching and digging and drilling and doing what else. That should tell you something. And the rest of all of this, I've got so much stuff to talk about and write about, you're going to have to come on my web site, 'cause I already got five stories lined up on this story. Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes. Commissioner Suarez: I just want to address one thing that Mr. Crespo said, which I agree with. It is unfortunate sometimes that it takes bringing something to light for there to be action. 171 give an example. I had -- I think you guys remember a discussion item on traffic circles, and right before it was going to be discussed, the traffic circle I had taken a picture of which was barren, completely barren, there's a beautiful palm tree there right now with a beautiful shrubs right around it. So it is unfortunate, but it's kind of human nature, unfortunately, andl'm glad that despite the need, which should not be the need, you should not -- you know, you should not have to do that, but nevertheless, I'm happy andl'm sure the neighbors of that traffic circle are very happy that put it on the agenda, because our Public Works Department fixed it. Mr. Crespo: Well, I'd like to say one thing to all the good folks out there in Miami land watching this: If you want something done and you got a problem and the City won't do it, contact me. I'll write about it, and 171 bet you, they'll do it. Thank you. Chair Gort: Thank you. Let me tell y'all something. I've been meeting with the produce market trying to get it straightened out for about a year and a half. It took Channel 10 to do a story to get it done, and it's unfortunate that that happens in the past, but I'm sure those things are going to be changing. Commissioner Suarez: Can I just say --? Chair Gort: Sure, go ahead. Commissioner Suarez: I'm going to make a motion on this, okay. Andl want to make one final comment, which is -- to address something that Nathan said, andl think it was reiterated by someone that came after him. I understand the concern that this could be a dangerous precedent. I get it. I think -- I can't imagine a situation where I would support something like this, other than this current one. And the reason why is 'cause I know that there was some conflicting statements that were made, you know, prior to our new City Attorney taking office from the prior City Attorney, and representations that were made that, you know, basically City ofMiami Page 99 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 dictated certain actions be taken and gave assurances that ultimately did not come through. So from my perspective, you have to look at -- and we're -- we are -- right -- entrusted with looking at the circumstances from a macro -economic perspective or macro perspective and also from an individual perspective. I think you're right to be nervous about it, and it is a dangerous precedent, but it's one that, in this particular case, is justifiable. Chair Gort: No. But I think it's important to understand that what's being approved today here, if the voters don't vote on it, vote against it. That can be done. If he doesn't get the permits, if he doesn't get the negotiations that the City wants, it will not be able to be done, okay. Thank you. Any further discussion? Is there a motion? Commissioner Suarez: I moved it. Commissioner Sarnoff. Can I say something? Chair Gort: Sure. Commissioner Sarnoff. Mr. Berkowitz, first off I know you, I know your wife. You're lovely people. I got to tell you, don't think I've ever lost sleep over anything up here, except for this project. And ifI allow you to proceed forward, it is merely to frame the picture so that this Commission can take a look and act as a gatekeeper as to whether we allow the gate to open so the citizens can have their say, so -- and I'm very close to just being able to say "no," 'cause I could see the issues before us: Is your financing in place? Are you all ready to go? And probably, if it wasn't your reputation, it would be a much easier -- andl -- decision to make, and I probably would have lost not less than five night's sleep on this. I think you have the ability to perform. You certainly have the record of performance. That is a very true statement. You're building a one-off building. This building has never been built before, not anywhere, so it's pretty tough to do. I understand why you need to proceed today, because you need to actually start performance, or you'll lose some rights. I understand that. So I'm going to ask the City Attorney a question: If for some reason, I don't think this is the proper thing to go forward with -- and maybe some other Commissioners agree with me on May 22 -- will this agreement, the hold harmless, the financial backing before it be sufficient that what is done can be undone? Victoria Mendez (City Attorney): I wanted to make clear that in this document, yes. Your answer is yes, it can be undone. It is -- what's clear about this document is -- especially in provision number 12, that Skyrise acknowledges it is proceeding at its own risk and acknowledges that it will make -- will not make a vested property rights claim or cause an action rising or accruing by virtue of these exceptions. I have to take out by subsection 55-10(0 because it's just not limited to that. Commissioner Sarnoff. Does it also --? Ms. Mendez: He understands that he's proceeding at his own risk, and there are no vested rights. Commissioner Sarnoff. Okay, but -- Ms. Mendez: And if he does not get the referendum and if he does not get his financing and if he does not get everything that he needs to get to be able to do this project, he has to put it back to where it is. We have a bond to that effect and -- Commissioner Sarnoff. Let me back you up one more. Ms. Mendez: Sorry. City ofMiami Page 100 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Sarnoff. 'Cause you're saying if he doesn't pass the referendum. What if this Commission decides the deal isn't such that it's in the best interest of the taxpayers -- wait, wait. Hang on. I know where you're going, Mr. Manager, 'cause you think it's there, and I'm not sure it's in there. So May 22, maybe Commissioner Carollo comes out here, maybe I'm unconvinced, maybe -- I don't know if Commissioner Suarez says "I'm not convinced either." So we stop right there, okay. Ms. Mendez: On May 22 -- Commissioner Sarnoff. Right. Ms. Mendez: He needs to start -- Mr. Alfonso: Whenever it comes up, whenever. Ms. Mendez: -- putting stuff in the ground by June, correct? Mr. Berkowitz: June 12. Ms. Mendez: Right. So on May 22, when we figure out if the other lease is everywhere where we need it to be and everything is influx, this Commission is going to decide on May 22 if we proceed further just by -- Mr. Torre: Commissioner, can I -- just for a second. I'm sorry. This may come -- May 22. We have a lot of work to do on the amendment, so this may come the first meeting in June. Ms. Mendez: Right, but he has to start on June 12, correct? Commissioner Sarnoff. My -- okay, my concern is this: Just because I might allow him to proceed today doesn't mean I'm going to let him proceed tomorrow. Mr. Berkowitz: I understand what you're saying, Commissioner. Chair Gort: Right. Commissioner Sarnoff. So -- Mr. Berkowitz: Commissioner, may I address this? If this Commission does not approve a lease amendment, this deal -- the project's dead. It's that simple. And have no further recourse, and I walk away, andl lick my wounds, and there's no Skyrise tower. It's a hundred percent in the hands of the Commission at a meeting that will probably be held June 12, and the reason it moved, Mr. Crespo, from May 22 to June 12 is because the County originally had a deadline in terms of ballot language for the August 24 deadline -- Ms. Mendez: For the election. Mr. Berkowitz: -- for the election. It needed to be in by June 6, and there was no Commission meeting between June 6 and June -- May 22 and June 6, so the County was kind enough to extend the deadline until June 13. Commissioner Sarnoff. And you would concede as an inducement for this Commission's vote, you would have no equitable estoppel rights -- Mr. Berkowitz: I have no rights. City ofMiami Page 101 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Sarnoff. Okay. Mr. Berkowitz: No equitable or otherwise. I've waived those; that was my intent. It's up to this Commission to no vote to decide whether this goes to the voters or not, based on the business deal that's presented at that time. Chair Gort: I have a question. Ms. Mendez: Yes. Chair Gort: My understanding, because certain approve you have with the AA -- Mr. Berkowitz: FAA. Chair Gort: -- FAA, you have to break ground before June sometimes. Mr. Berkowitz: June 12. Chair Gort: It doesn't mean you have to continue to proceed with it. And my question is: Does it have to be in August or can it be an election in November? Mr. Alfonso: Yes. Ms. Mendez: The preference is for an election in August. Chair Gort: I understand. Mr. Alfonso: It doesn't have to be. Chair Gort: That's the question. Commissioner Suarez: Okay, so what you're saying -- Ms. Mendez: Well, obviously, if we don't have all our terms aligned, then that might push it back, but the goal is for -- you know -- Chair Gort: I understand. Ms. Mendez: -- we're studying benchmarks. Chair Gort: I understand. But this is something that is not easy, and I want to make sure that if they have an option, that there is an option. Ms. Mendez: Right. There is an option, if Mr. Berkowitz so chooses. Mr. Torre: Commissioner, I also want to reiterate that there is no vertical construction. This hold harmless agreement is clear; it will be three pilings, no vertical construction until -- Ms. Mendez: We were extremely specific, because we wanted to limit the amount of -- Mr. Torre: Exposure. Chair Gort: Okay. Commissioner Suarez: Construction. City ofMiami Page 102 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: All right. Any further discussion? Todd B. Hannon (City Clerk): There was a motion made by -- Chair Gort: Need a motion. Mr. Hannon: -- Commissioner Suarez. Is there a second? Commissioner Sarnoff. Second. Chair Gort: Second by Commissioner Sarnoff. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Mr. Berkowitz: Thank you. Chair Gort: Board meeting. Can we take five? Commissioner Suarez: I got to go. Chair Gort: You got to go. Commissioner Suarez: So if we take five, I'm not going to come back. Chair Gort: Basketball is at 8. Commissioner Suarez: What happen? Chair Gort: The game is at 8. Commissioner Suarez: No, man, I don't got to go to the game. I'm not Bill Bloom. Chair Gort: You got to feed the baby. Okay. So am I going to have a quorum or --? Commissioner Suarez: Oh, we do? Okay. Commissioner -- Chair Gort: Well, let me take five. Commissioner Suarez: "Valla con Dios. Chair Gort: 'Cause I'm having my breakfast right now. Vice Chair Hardemon: We only have one big issue left on the -- Commissioner Suarez: (UNINTELLIGIBLE) one, I got to go. Vice Chair Hardemon: We only have one issue left on the thing. I think that's the -- Commissioner Suarez: I got to go, though. Vice Chair Hardemon: I understand. I'm just telling you. But it's the -- what's the name of the -- DDA (Downtown Development Authority) thing. City ofMiami Page 103 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Suarez: Oh, that's still going? Vice Chair Hardemon: That's still going. Commissioner Sarnoff. Are we done? Chair Gort: No. Commissioner Sarnoff. Oh. Are we just taking a break? Chair Gort: I'm going to take five so you guys (UNINTELLIGIBLE). END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 RESOLUTION 14-00301 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ricardo Tano Feijoo Commissioner Marc David Sarnoff 14-00301 Arts CCMemo.pdf 14-00301 Arts Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0189 Todd B. Hannon (City Clerk): Okay, Chair, we're going to head on to the boards. Nicole N. Ewan (Assistant City Clerk): BC.1, Arts and Entertainment Council, Commissioner Sarnoff will be reappointing Ricardo Tano Feijoo. Commissioner Sarnoff. So moved. Vice Chair Hardemon: Second. Chair Gort: Been moved and second. All in favor, state it by saying aye." The Commission (Collectively): Aye. BC.2 RESOLUTION 14-00302 City ofMiami Page 104 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. BC.3 14-00303 Office of the City Clerk APPOINTEES: 14-00302 Audit CCMemo.pdf 14-00302 Audit Current_Board_Members. pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Frank Carollo Commission -At -Large 14-00303 Bayfront CCMemo.pdf 14-00303 Bayfront Current_Board_Members.pdf DISCUSSED Nicole N. Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust. There is one at -large appointment to be made at this time. Commissioner Carollo's requesting to reappoint Jeanie Hernandez. Vice Chair Hardemon: That's an interesting one. Chair Gort: Is there a motion? Vice Chair Hardemon: I'll move it. Chair Gort: Moved by Vice Chairman Hardemon. Is there a second? Commissioner Sarnoff. Can we talk about their budget? Vice Chair Hardemon: Right. Well, I'll tell you what, I think it would be probably best, Mr. Chairman, ifI probably withdraw my motion and we just continue this to the next agenda. Chair Gort: Until the Commissioner's here, okay. City ofMiami Page 105 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 BC.4 14-00317 Vice Chair Hardemon: Right. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk ELECTION AND APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Vishwani Ramlal Seat #1 Troy Sutton Seat #2 APPOINTEES: NOMINATED BY: Javier Banos Commission -At -Large William W. Riley, Jr. Commission -At -Large 14-00317 Civil Service CCMemo.pdf 14-00317 Civil Service Current_Board_Members.pdf 14-00317 Civil Service Exec Sec Memo.pdf 14-00317 Civil Service Certification of Runoff Election.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0190 Chair Gort: Next. Nicole N. Ewan (Assistant City Clerk): BC.4, Civil Service Board. If you can indulge me for one minute, let me provide some background information regarding this appointment. The board is comprised of five members, with two members elected by the employees of the City and confirmed by this Commission, and the other three at -large members appointed by the City Commission. On March 20 and 21 of 2014 an election was held for the two elected seats on the Civil Service Board. Vishwani Ramlal was elected to Seat 1 and Troy Sutton was elected to Seat 2. The certification of the election results have been provided to you as part of today's agenda packet. The first part of the resolution before you is for the confirmation ofMs. Ramlal and Mr. Sutton as the elected representatives to the Civil Service Board. While the second part of the resolution allows for the Commission to make three at -large appointments today to the board. It is my understanding, I've been informed that Commissioner Suarez will be appointing Mr. Javier Banos, while Vice Chair Hardemon will be appointing Ms. Lillie Harris, and Commissioner Carollo will be appointing Mr. William W. Riley, Jr. If the Commission desires to proceed with the item as stated, a motion could be made at this time. City ofMiami Page 106 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 BC.5 14-00392 Commissioner Sarnoff. So moved. Chair Gort: It's been moved. Is there a second? Commissioner Sarnoff. I'll withdraw it. Vice Chair Hardemon: With the friendly to -- not to have Ms. Harris on there so I can give that some more consideration. Commissioner Sarnoff. Mover accepts. Vice Chair Hardemon: So I second it. Chair Gort: Okay, it's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. BC.6 14-00304 Office of the City Clerk APPOINTEES: 14-00392 CIP CCMemo.pdf 14-00392 CIP Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT City ofMiami Page 107 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) 14-00304 CEB CCMemo.pdf 14-00304 CEB Current_Board_Members.pdf NO ACTION TAKEN BC.7 RESOLUTION 14-00305 NOMINATED BY: Commission -At -Large Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 14-00305 CRB CCMemo.pdf 14-00305 CRB Current_Board_Members.pdf 14-00305 CRB Memo and Resumes.pdf NO ACTION TAKEN BC.8 RESOLUTION 14-00393 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00393 CSW CCMemo.pdf 14-00393 CSW Current_Board_Members.pdf NO ACTION TAKEN BC.9 RESOLUTION City ofMiami Page 108 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 14-00394 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Ex-Officio Non Voting Member) (Ex-Officio Non Voting Youth Member) 14-00394 EAB CCMemo.pdf 14-00394 EAB Current_Board_Members.pdf NO ACTION TAKEN BC.10 RESOLUTION 14-00395 NOMINATED BY: City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sandra Carballosa AFSCME 1907 14-00395 EOAB CCMemo.pdf 14-00395 EOAB Current_Board_Members.pdf 14-00395 EOAB Memo and Resume.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0191 Nicole N. Ewan (Assistant City Clerk): BC.10, Equal Opportunity Advisory Board: AFSCME (American Federation of State, County, Municipal Employees) 1907 has appointed Sandra Carballosa and is seeking confirmation by this Commission for her appointment to the board. Commissioner Sarnoff. What was the name? Ms. Ewan: Sandra Carballosa. Her resume is part of the agenda packet. Commissioner Sarnoff. So moved. Vice Chair Hardemon: Second. City ofMiami Page 109 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 BC.11 14-00308 Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Keon Hardemon Commissioner Marc David Sarnoff 14-00308 Finance CCMemo.pdf 14-00308 Finance Current_Board_Members.pdf NO ACTION TAKEN BC.12 RESOLUTION 14-00309 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ralph Rosado Commissioner Francis Suarez 14-00309 Homeland CCMemo.pdf 14-00309 Homeland Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0193 Nicole N. Ewan (Assistant City Clerk): BC.12, Homeless [sic] Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Suarez will be appointing Ralph Rosado. Chair Gort: Is there a motion? Or we want to wait till the Commissioner --? Commissioner Sarnoff. So moved. Sorry. Vice Chair Hardemon: Second. City ofMiami Page 110 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. BC.13 RESOLUTION 14-00310 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00310 MIC CCMemo.pdf 14-00310 MIC Current_Board_Members.pdf NO ACTION TAKEN BC.14 RESOLUTION 14-00396 NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Frank Carollo Commission -At -Large Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo 14-00396 MSEACCMemo.pdf 14-00396 MSEACurrent_Board_Members.pdf NO ACTION TAKEN BC.15 RESOLUTION 14-00397 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. City ofMiami Page 111 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 APPOINTEE: NOMINATED BY: Peter Schuetz Commissioner Francis Suarez 14-00397 PRAB CCMemo.pdf 14-00397 PRAB Current_Board_Members.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0192 Nicole N. Ewan (Assistant City Clerk): BC.15, Parks and Recreation Advisory Board. Commissioner Suarez has requested to appoint Peter Schuetz? Commissioner Sarnoff. So moved. Vice Chair Hardemon: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Ewan: Thank you, Commissioners. That concludes the board appointments for today. Commissioner Sarnoff. Wait, wait, wait. MSEA (Miami Sports & Exhibition Authority), can't somebody pull me off the board? Can't one of these guys make a motion graciously and pull me off this board? Chair Gort: Uh-uh. Commissioner Sarnoff. Then I guess not. Thank you. Vice Chair Hardemon: I like you there. Chair Gort: It's not going to happen. ToddB. Hannon (City Clerk): Commissioner Carollo did appoint -- Commissioner Sarnoff. I know. Isn't that ironic? All right, thank you. Chair Gort: That's it? Commissioner Sarnoff. That's it. Chair Gort: Thank you all. Have a good day. Vice Chair Hardemon: If he's jumping ship, I might as well jump. Commissioner Sarnoff. Fun meeting. As long as I got Hardemon with me, I'm okay. Thank you. Appreciate it. City ofMiami Page 112 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 BC.16 RESOLUTION 14-00313 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez 14-00313 UDRB CCMemo.pdf 14-00313 UDRB Current_Board_Members.pdf NO ACTION TAKEN BC.17 RESOLUTION 14-00398 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.18 14-00315 Office of the City Clerk APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Wifredo (Willy) Gort Commissioner Marc David Sarnoff Commissioner Frank Carollo 14-00398 VKBPT CCMemo.pdf 14-00398 VKBPT Current_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT City ofMiami Page 113 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 DI.1 14-00339 City Commission DI.2 14-00106 Department of Human Resources ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 14-00315 WAB CCMemo.pdf 14-00315 WAB Current_Board_Members.pdf NOMINATED BY: Mayor Tomas Regalado Vice Chair Keon Hardemon Vice Chair Keon Hardemon Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo NO ACTION TAKEN END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM STATUS OF HIRING POLICE OFFICERS. 14-00339 Cover Page.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING A FICAALTERNATIVE PLAN. 14-00106 Summary Form.pdf 14-00106 Memo - FICAAlternative Proposal.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon DI.3 14-00424 City Manager's Office DISCUSSION ITEM TO BE WITHDRAWN BY THE ADMINISTRATION DISCUSSION REGARDING A CHARTER AMENDMENT RELATED TO City ofMiami Page 114 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 11:00 A.M. DI.4 14-00368 Department of Finance SECTION 36, CIVIL SERVICE. 14-00424 Summary Form.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon Note for the Record: Item DI.3 was deferred to the May 22, 2014 Planning and Zoning Commission Meeting with a time certain designation of 5: 00 p.m. DISCUSSION ITEM FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2013. 14-00368 Summary Form.pdf DISCUSSED Note for the Record: Item DI4 was discussed with no presentation made. Chair Gort: And at this time, we have time certain, the financial statement presentation. Todd B. Hannon (City Clerk): Chair, we did have a time certain of 10: 30 for D4.1; was the selection of the next Police Chief and then the -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: With regards to the financial statements -- andl spoke to our Finance director either yesterday or the day before. I should have mentioned something at the beginning of the meeting. The only issue I have with the presentation now is that the single audit has not been issued yet. I would like for the single audit to be issued in order for us to compare prior years to this year. You know, that's the only issue I had with the presentation being, you know, done at this time. I don't know if someone would like to address that or -- Chair Gort: Yes, sir. Jose Fernandez (Director): Good afternoon, Commissioners. Jose Fernandez, Finance Department. As I told you yesterday, it hasn't been issued, but the results are not going to change, meaning there's -- they audited seven major -- seven programs. There's five unqualified opinions, two qualified opinions; and the findings relative to each of the programs, that's not going to change. It's going right now through partner review and it should be issued shortly. But what Mr. DeSanto is reporting on today are the results of that process, which has been finalized, and the results aren't going to change. Commissioner Carollo: Understood that the results ain't going to change, but at the same time, you do propose recommendations to remedy those issues, correct? Mr. Fernandez: Yeah, and that has been addressed, and answers to that have been provided. City ofMiami Page 115 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: Right. But the thing is that some of these issues are recurring. Mr. Fernandez: Yes. Commissioner Carollo: So someone provided the answers to these issues, and obviously, they either didn't come through or the issues are recurring. So I don't have, you know, a breakdown of those issues and so forth to be able to go over it with you, so that's why I sort of before we have the whole presentation, would like to have the whole single audit report before us, and that's why. I understand that, you know, whatever decisions have been made are not going to change, but I would like the whole report so we could, you know, have time to review it and see what is recurring and what is not. Andl mean recurring, you know, management letter comments; recurring, you know, issues and so forth. Mr. Fernandez: Well, those are here in summary form. I mean, they are highlighted as far as what the findings are, what has been corrected from the prior year. Commissioner Carollo: In summary form. Mr. Fernandez: Yes. Commissioner Carollo: But not necessarily that I could go -- I can't look at the seven -- no, correct? Mr. Fernandez: No. Commissioner Carollo: Andl would like that, 'cause I would want to break it down to see what are we going to do so next year, there will not be a finding. Chair Gort: I think the Commissioner's -- being an auditor himself, he would like to see the -- in writing and your recommendations, and read it, and come back. When do you think you can have that? John DeSanto: Well, we're going to be issuing that report tomorrow. Chair Gort: Okay. Mr. DeSanto: So. Chair Gort: Our next board meeting. Mr. DeSanto: I'll have to check my calendar, but we'll see what we can do. Commissioner Carollo: Okay. Chair Gort: Thank you. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City ofMiami Page 116 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 D2.1 14-00291 10:00 A.M. D3.1 14-00390 (D3.1) 14-00390a END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION REGARDING THE CITY'S INABILITY TO ACCEPT PAYMENT FOR SPECIAL EVENTS AND PARK PERMITS BY CHECK OR CREDIT CARD. 14-00291 E-mail - Discussion Item.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO DISCUSSION ITEM DISCUSSION REGARDING THE CIVILIAN INVESTIGATIVE PANEL. 14-00390 E-Mail - Discussion Item.pdf 14-00390-Submittal-Horracio Aguirre -Miami Herald Article. pdf 14-00390-Submittal-Julia Dawson -Flyer Stop Police Violence. pdf 14-00390-Submittal-Julia Dawson -Letter of CIP's Independent Counsel Obstruction. pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE NOMINATING COMMITTEE OF THE CIVILIAN INVESTIGATIVE PANEL TO MEET IN ACCORDANCE WITH SECTION 11.5-28 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PRESENT THE CITY COMMISSION WITH NOMINATIONS OF INDIVIDUALS TO FILL VACANCIES ON THE CIVILIAN INVESTIGATIVE PANEL. City ofMiami Page 117 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 (D3.1) 14-00390b Motion by Commissioner Sarnoff, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Hardemon R-14-0195 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AN INDEPENDENT REVIEW COMMITTEE ("COMMITTEE"), WHICH SHALL BE COMPRISED OF FIVE (5) MEMBERS, ONE (1) APPOINTMENT FROM EACH CITY COMMISSIONER, TO INVESTIGATE WHETHER THERE HAS BEEN ANY MALFEASANCE OR MISFEASANCE BY THE INDEPENDENT COUNSEL OF THE CIVILIAN INVESTIGATIVE PANEL, INCLUDING BUT NOT LIMITED TO, WHETHER THE INDEPENDENT COUNSELAND CIVILIAN INVESTIGATIVE PANEL HAVE TIMELY INVESTIGATED CASES; FURTHER DIRECTING THE COMMITTEE TO RENDER AN OPINION WHETHER THE PAST INVESTIGATIONS, OR LACK OF INVESTIGATIONS, WERE TIMELY; TO REVIEW THE INDEPENDENCE OF THE CIVILIAN INVESTIGATIVE PANEL; AND TO PREPARE A REPORT WITH ITS FINDINGS TO BE PRESENTED TO THE CITY COMMISSION, CITY ATTORNEY, AND CITY MANAGER WITHIN SIXTY (60) DAYS. Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-14-0196 Chair Gort: Okay, we're through with the CDBG (Community Development Block Grant), so -- George Mensah (Director, Community Development): Thank you, Commissioner. Chair Gort: -- we have time certain, D3.1, the Civilian Investigative Panel. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Commissioners, I bring to you and the public this discussion item regarding the Civilian Investigative Panel, also known as the CIP. As most of you know, in 2001, following a string of police shootings ofAfrican-American men and the Elian Gonzalez case, the Civilian Investigative Panel was created with the overwhelming support of over 76 percent of the electorate. Unfortunately, it appears that there has been a lot of infighting and -- among other issues. At the same time, the Miami Herald -- Nadege Green from the Miami Herald reported that approximately 50 cases remain unheard, and therefore, injustices may continue to occur, and an extra layer of protection to the average citizen is not being met; not to mention that we are still not completely recovered from the downed economy, and where we've had to make some real tough budget decisions this current year, I proposed to give the additional monies that the CIP had requested with the support of my colleagues. And we actually found that money -- or we reduced the GESE (General Employees & Sanitation Employees) Trust Fund money with our expenses in order to fund additional monies to the Civilian Investigative Panel. So especially now that we've given them additional funding, we cannot take a step back. Therefore, I ask all parties to come with an open and supportive mind to resolve the issues and make this a first-rate Civilian Investigative Panel, because anything less City ofMiami Page 118 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 is just unacceptable. So I welcome the discussion, andl look forward to hearing everybody state their opinions, suggestions, and see how we can make this a first-rate Civilian Investigative Panel. Thankyou. Chair Gort: Thankyou. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I echo Commissioner Carollo's sentiments. I, too, read the article, andl've also read the memo prepared by the ACLU (American Civil Liberties Union), andl've had the opportunity to meet with the ACLU, with the NAACP (National Association for the Advancement of Colored People), with PULSE (People United to Lead the Struggle for Equality), and with other organizations whose sole mission is to ensure that there is fairness and peace and order in our community, and that the vehicle for that, as you expressed very well, Commissioner, is a civilian -based panel that is constitutionally constituted to oversee the behavior of our police officers, which we take a lot of pride in, who we know have a very difficult task in policing a very challenging city. So I, too, am concerned that there seems to be a lot of acrimony, you know. The memo that I was presented with was very detailed in terms of things that were not operating properly, and the allegations contained in the memo are very, very severe, and, you know, one of the ones that think for me was most worrisome is that we have a Charter -mandated process by which investigations start and when they end. And the fact that, you know, it seems like that is not being followed, for me is extremely troubling. You know, we definitely had a year, a few years ago, where seven African Americans in our community were killed as a result of police -involved shootings, and, you know, we struggled as a community and as a city, number one, to ensure that there was peace in our community in a very, very tense moment. Secondly, we wanted to respect the police officers who were being investigated, and we understand that, you know, pursuant to State law, there is very little that can be communicated, which is a frustrating component sometimes for the community and for members of the community that are overseeing the process. And then I think the last part is to have a robust Civilian Investigative Panel which conducts an independent investigation, which is why there's the name "independence" in its founding name, and comes to a conclusion that, you know, will hopefully support what the other investigations have uncovered. But as the Commissioner stated, we're not there, andl think the organizations that are national in nature and local in nature that have a vested interest in seeing civil rights upheld in our community have expressed very, very grave concerns. I have not had an opportunity to meet with the independent counsel. I know he reached out to my office very late this week. You know, I'm not sure why it took so long, because, you know, this is something that came up at the last Commission meeting, and we knew it was going to be heard at this Commission meeting, as well, and it was going to be heard at a time certain. And I want to thank the Chairman for doing that. So I share the Commissioner's sentiments, and I think -- you know, I'm not sure that the differences are reconcilable at this point, because it seems to me that they are pretty -- you know, pretty severe, but if they are, there's a pretty wide golf as Horacio kind of gestured to me. But, you know, I'm open. I mean, I think the -- at the end of the day, what we all want to see here is a functioning and robust CIP. As the Commissioner said, it was an overwhelming vote in favor of its creation. It has a very, very important role to play in the administration ofjustice for our citizens, and it's an important check on a governmental power. So, you know, I'm open to also listening and hearing what my Commissioners, members of the community have to say; what the heads of these organizations that have come in good faith, in my opinion, to express their very, very grave concerns. I've met with them several times, andl find them to be acting in good faith. So, you know, I'm also willing to listen and -- but the one thing thatl share with the Commissioner is that we cannot continue this way. And if action needs to be taken, then action should be taken, and it should be taken immediately, because, you know, the one thing we cannot do is see these problems happening and developing and not do anything about it; that's not acceptable. Chair Gort: Thankyou. Anyone else? Vice Chair Hardemon: Mr. Chairman. City ofMiami Page 119 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Yes, sir, you're recognized. Vice Chair Hardemon: This is one of those issues where it's hard to really address it when the parties have so much to say within it. I think, as Commissioners, we definitely have a duty to ensure that the process is sound that the CIP uses to have its board members; however, at the same time, we have to make sure that the CIP is functioning as it was intended for the people in this community, and especially within my community, because most of those -- this was born because of a lot of the things that happened in the City ofMiami District 5. So here we are, we have -- and when I'm in a position where one person says one thing and another person says another thing, I like both people to have an opportunity to address each other, because there -- the varying stories or the varying issues that are being presented to us -- andl would say "us," 'cause it's probably representative to all of us -- are hurtful. Andl think all of us who have read the Miami Herald -- and there's no need of beating around the bush. I mean, there's racial undertones that have been presented and things that have been said that are despicable -- and written, rather, have been despicable. So the question is: Did it really happen? The question is: Who wrote those things? The question is: And how do we move forward from this point on? And so I don't think that it's strictly, though, a racial issue, though, because we have partners to the ACLU and PULSE, and things to that effect that believe in some of the decisions that have been made to release some of the people that have been released. So I have no position one way or the other just yet. I want to hear the facts. I want to hear what's actually occurring within this body. And for us, I think making the changes that we need to make to the CIP or ensuring that its board -- one, we have the appointed people that we need, and then they carry out the functions they're supposed to, is an issue that has to happen, no matter how we feel about the players that are there. So I don't care whose terms have expired or whatever it may be; we need to put whoever we need to be in place by the rules that we govern ourselves by. So that's -- period. But then from that point on, we need to address the issues and the ills that are going on inside of it. Andl don't think that even today, even though we're having this discussion, that we'll be able to satisfy that today, because there's so much more information. You received a memo, Commissioner Suarez; I'm sure other Commissioners did also. I received a memo, and then I requested a memo in response; not necessarily something that is for everyone to see, but something so I can have an understanding of how you respond to the issues that were presented to me in front of the memo, because any lawyer -- and I'm sure Commissioner Sarnoff completely understands that when one lawyer presents his side, if you don't hear the other side, I think everyone is moved; everyone believes in what that lawyer had to say. But then, Lord help that another issue was presented by another side, and then you find yourself in a pickle, because you don't understand which one is telling the truth or which one is being more truthful or which one is bending the facts in their favor. So this is a position that I don't like being in, but it's something that we -- this is what we signed up for, and so the fact that we did sign up for this, I think it's only fair that all issues are flushed out in front of the Commission and not necessarily just in the papers or not necessarily behind closed doors, so that we have a clear understanding and the people have a clear understanding of what's actually happening with the CIP that they depend on to ensure that the police and -- are acting the way that they swore that they would act when they took the badge. Chair Gort: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Thank you, Mr. Chair. You know, I want to kind of dovetail on what Commissioner Hardemon had to say, because, you know, the ACLU reached out to me, PULSE reached out to me, and the NAACP, andl got to tell you, the ACLU, PULSE, and the NAACP does not ordinarily reach out to me, so I was like a little bit excited; wow, detente, you know. And, you know, I certainly, I think, have butted heads with the ACLU. They withdrew my card about 10 years ago. I don't know why, if they'll ever give it back to me. And it was kind of exciting to actually hear their side of the story. And then, as Commissioner Hardemon said, then I heard the independent counsel's side of the story yesterday, and he handed a great deal of case City ofMiami Page 120 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 law to me, Supreme Court decisions. And then I learned something that's I guess at least worth revealing here right now: There are only two CIP's in all of the State ofFlorida. The Fifth District Court of Appeals has wiped out a CIP because it is, according to the Fifth DCA (District Court ofAppeal), offensive to the Police Officers'Bill ofRights. The Third DCA has an opinion, John Timoney opinion that does not do that. So we have in what -- I look at Commissioner Suarez -- a conflict of jurisdictions. And the CIP counsel, independent counsel has been very diligent in trying to preserve and make sure that this is not brought up to the Supreme Court, because, essentially, that could mean that our CIP, with the conflict of the rulings from the Fifth and the Third DCA, could do away with the CIP and the intent of what I think we want to all have here. You know, when I was speaking with the ACLU and candidly with them, we were being asked to do some things that -- I kept on asking them, "Are you sure you want to do this?" because it will set a precedent and it may be contrary to, quote, that independent agency. For instance, you know, the Manager's ability -- and by the way, I happen to like Christine [sic] Beamud, so let me go on the record saying that. I really do. I thought she was a breath of fresh air. Whether it turns out I'm right or wrong about that, when I met her, I thought she was a breath of fresh air. But when the Manager steps in and says, `7 fire everyone," is that an independent agency? Does that agency have independence? 'Cause the hiring and firing of somebody is under employment law which we call "master -servant law" in the State ofFlorida. The ability to hire and fire somebody shows that you are a servant of a master, which is a colloquial way of saying "employee -employer relationship." Andl was curious; are you sure you want the Manager to have that ability? Because that then tends to show it is not an independent agency. And the more we delve into the CIP, the less independence it apparently has or will have. And that, I think, was the intent -- I think it was Commissioner Spence -Jones that brought about some of the changes that she wanted to bring about on how people were nominated to this particular committee. Unfortunately, I wonder if we would ever really get to the root of everything at an open Commission meeting right here. Andl hate to say this to you guys again, but would we be better suited by maybe impanelling a three person committee -- two lawyers and a civilian -- to actually understand and review the fact finding of everything that's gone on, 'cause are we really going to get down to the very root of it right here? I mean, there are things we can do here today. I think Bess McElroy is pretty clear, and that is that she has resigned under the law; I think that's very clear. But we have an issue with independent counsel, and we have an issue with, let's just say, the director, Cristina Beamud And is there a resolution that could be created with a fact-finding committee versus us listening up here, "Well, I said this. She said that; Supreme Court case (UNINTELLIGIBLE) this says this; this is why I took the action I took"? It's a lot of minutia. When I met with the independent counsel, it was about an hour -and -a -half meeting, and about four Supreme Court cases later, he was justifying his position, in a reasonably good way, as to what he was and wasn't doing. Andl think what we're not completely able to frame is the Police Officers'Bill ofRights, coupled with Supreme Court decisions, coupled with the IA (Internal Affairs) investigations as to how these coordinate their investigations. Andl wonder if we would really do any kind of justice up here to debating it without a fact-finding committee to give us a small report to say, "There are six shootings in which a City ofMiami police officer was involved." I'm not saying we need to get into those six shootings, but that could be their parameter under which they look at if what he has done is correct or incorrect, coupled with, you know, the director's now -- Cristina Beamud, I guess that was her name -- coming in. So, you know, I just throw this up, Commissioner Carollo. It's your discussion item. I'm not sure how much you can debate and understand in a meeting like this, because it's a very complicated set of laws. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Yeah, especially that I'm up here surrounded by attorneys, I guess I should have known this was coming, but the truth of the matter is that, listen, I'm not -- even a fact finding mission -- Listen, Commissioner Sarnoff, with all due City ofMiami Page 121 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 respect, I think, at the same time, we need to be very cautious, because I don't want -- I do not want to get into the "he said -she said" finger pointing back and forth. What I really want is to be able to have a healthy debate and discussion, as we always had, with all the parties involved to see how -- if and how we move this forward. I mean, this was the wishes of the large majority of the electorate, and it was two cases. Yes, there was a large number of shootings in the African American community, but it was also right after the Elkin Gonzalez case, andl know Commissioner -- I'm sorry -- Mayor Regalado -- Commissioner at that time -- remembers that era very well. And the person that really steer -headed this -- or spearheaded this was Commissioner Teele at the time. And even then, I know there was discussions with regards to the executive director and the independent counsel, but even -- and it clearly stated in the Charter that we should have an -- I think it's the independent counsel or -- I'm not sure of the technical name, but the bottom line is, look, what I'm seeking is, you know, to have a healthy debate to see if we can move this forward, to see if we can find solutions. I'm not really looking into the finger -pointing. I don't even know if we really need to get into that, but I'm open, Commissioner Sarnoff, I'm open. I'm just looking how we move forward. Commissioner Sarnoff. Could l just respond? Chair Gort: Sure, go ahead. Commissioner Sarnoff. So -- Commissioner Carollo: I'm sorry, not to mention that in a real tough budget year, we finally increased the budget well over $500, 000, well over more than half a million dollars so this panel, you know, will function correctly and could move forward and give them what they -- the resources that they asked for. So moving a step backwards is just unacceptable. Commissioner Sarnoff. Well, I'm not -- I don't -- let me just say I don't think the panel is moving a step backwards. And for instance -- and I'll maybe address this to Commissioner Hardemon; I think is very much going to understand this -- the gravamen of the allegations are the failure to act promptly. He may have an explanation for why he has not acted within the time sequence that some of the others have said, "You should have worked." And for us to understand that time sequencing, to me, I'd like to see a report of an attorney or some fact finding agency as to how these laws work together to see whether what -- his statement is a correct statement at all; based on what I read, it could be. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. We have three lawyers in here, so go ahead. Vice Chair Hardemon: No. See, we have to clam the issues, because one of the issue [sic] is that some people believe that Cristina Beamud should not be the executive director, so let's make that clear. Another issue is that the firing of mainly the African -American people who were working on staff was done with a racial undertone, and so it was a wrongful termination in that sense. Those are two very different issues that really don't -- in one part don't have anything to do with the timeliness of the organizations. I think that the timeliness and how they respond, those are issues that are borne out of the two main issues, because to say, "She's not supposed to be there, she fired the people for these reasons, and this person or that person shouldn't have been fired because we haven't done this and they haven't done that, " those are all incendiary issues to what the main issue is in the way that it's been presented to me. And however, I think that it will be -- it's difficult for us to sit here today and hear all of those issues and make a decision from the dais. So I do appreciate the recommendation as far as having a committee to come together to at least hear both sides to the -- hear both sides of the issues so that when we have a look at the issue, we can see very clearly what the problems are, what was said, what the committee -- just have everything organized and have everyone feel like they had an opportunity City ofMiami Page 122 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 to be heard in a way that doesn't take up all of our time here and for the people in the community, so all the issues are really flushed out. And so I'm open to that, Commissioner Sarnoff, andl do have a recommendation. I know you named three people -- well, you named three persons that would be there, but I have a recommendation to one of them who is a lawyer within the community that helps a lot with African American issues within the District 5 area, and other issues and other people, whoever, you know, would -- comes to them for issues, but they -- mainly, they advocate for the right side of the issues in all type of situations, so I think it'd be a neutral arbitrator in this type of situation. But having it done right here today, I think it's going to be problematic, andl think once we get through it, and then we will see that, and so maybe it is a good thing to have it done outside of this body, to be presented again before this body to talk about what we've learned and what decisions we're going to move forward with. Chair Gort: Okay. Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. I just want to thank you for bringing this item for a discussion, andl just wanted to give a little historical perspective since I guess I'm the oldest one here, or the only one that was here when this committee was formed, and Commissioner Carollo is right, andl just wanted to clam the record. In the year 2000, the City ofMiami saw the worst civil rights riots since the '80s when Elian Gonzalez was deported to Cuba on a Saturday. That Saturday and Sunday and Monday, there were streets that were blocked. The full force of the Police Department took upon themselves to clear the streets. There were hundreds ofpeople arrested. There were dozens ofpeople that went to the hospital. You know, there were fires, andl guess we all remember that. And after that, as a City Commissioner, I asked my colleagues to start like a committee to look at what happened during the Elian Gonzalez riots. And the committee was formed by the City Commission at the time, and everybody appointed somebody, and that evolved, and that evolves [sic] as the need to have a civilian panel that oversight the Police Department. Andl remember that Commissioner Teele brought all the issues that the African American community had, and it went on the ballot; and it went on the ballot and got 76 percent of the vote. The African American community and the Hispanic community, they united and created what they thought was the right thing to do after some -- many incidents in the African American community, after the riots in the Hispanic community in the City ofMiami. And after the voters approved the creation of the panel, it wasn't simple. And the people that lsee here are the same people that were here 14 years ago. I remember PULSE; I remember ACLU; I remember NAACP. They did the work for the City Commission. They -- for days and days, and these were the longest City Commission ever, because they were here until late last night, and they did the vetting process, and they come up with all the needs that the community had at the time, and the way that this panel was supposed to be functioning. All I can say to you is that I really believe that this panel is not doing today what the voters thought that they were voting for when they approve the panel. It was supposed to be a panel where everyone from the community could come and give their complaints, and be independent from Internal Affairs, and it has not happened. And I think that one of the points is the way that the selection process was -- of the members was changed. I remember, you know, for district and then not district, because it did have flaws at the beginning, because one community took over the whole panel, because they were interested in serving. And so it was changed to mirror the City ofMiami. But one thing that I've noticed is that there are several laws that this Commission had passed in the past that were not respected. Like for instance, when people ran for office in the City ofMiami, you have to resign on -- as a member of the board. And we have forced many, many people to resign when they want to run as City Commissioners or Mayor or for something in the City ofMiami. This has not happened with the panel. So that's an issue that has to be dealt with. But l just hope that you have this conversation, andl just hope that you can pick the best people in Miami to be part of this board. Regardless of what the courts have said or not said, I think that the people do deserve to have a forum, that the people should be told that they have a forum, because today, 14 years later, after 76percent of the voters of the City ofMiami approved the CIP, there is no knowledge, I will say, in the majority of the residents or the new residents or the old residents that this panel can do City ofMiami Page 123 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 right for you if you have a complaint about the Police Department. So I just wanted to thank you and give you this historical perspective, because I think that it's important that this is not seen as something that the African American community wanted and needed. It was the whole City of Miami that came out and vote for that, and hopefully, you will be listening to the people that spent many hours without pay working for this committee. Thank you, Commissioners. Chair Gort: Thank you, Mr. Mayor. I have to tell you, this same group came to see me about a month ago, andl tried to use the strategy that you always talked about, mediation. I told them, I met with them, I says, `7 don't think we should bring it right up now. Why don't we get together with the -- the group get together with the City Attorney and try to work out something. Let's come up with an idea before getting" -- "coming to us." Unfortunately, that has not taken place, so that's why it's in front of us today. Andl believe, like Commissioner Carollo stated before, a lot of times, rumors and things go around, and what you hear in one block, by the time it goes 10 block [sic] away, it's been -- a big storm has been created. So having people testify today and let us know what they believe, what they think. It's not functioning; we know it's not functioning. And if it's something as a board that is not function, we got to get involved in it. So at this time, if you all don't mind, I will open it to public hearings. Any recommendation? Okay. Horacio Aguirre: Mr. Chairman, thank you. Good morning. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida. I am a member of the Civilian Investigative Panel, but I'm not here on behalf of the panel. I'm here as a private citizen. I'd like to first, with your permission, Mr. Chairman, invite all the members of the coalition that seek reform of the CIP to please stand up and be seen and recognized. Everybody here who wants changes at the CIP, please stand up, be recognized; lots of different colors, sexes, appearances. This is a diverse group; this is not a monolithic group. Thank you very much. And hopefully, all of you will make brief comments. I'm going to defer a lot of my time to our other guest here, but I -- before I leave the podium, I want to show you something. This is NBC (National Broadcasting Company) News, October 2009; it's not recent. It's -- what? -- six years old? Help me with my math. Frank? For 2009? Unidentified Speaker: Four. Mr. Aguirre: Okay, and it says the exact same thing that we're talking about today; the exact same thing with the same names. This didn't start in December of last year; this didn't start with the new executive director, Cristina Beamud, who, by the way, is an attorney, knowledgeable in matters of civilian oversight. And by the way, members of the ACLU are also attorneys. So we do have different attorneys differing with one particular attorney on the CIP. So I thought I had sent this to you by e-mail (electronic). If you don't have it, I'll make sure you get it this afternoon. NBC News, and it's titled "City ofMiami has broken its promise. Former CIP investigator delivers scathing letter to Mayor and Commissioners." Thank you very much. Chair Gort: Mr. Wilcox. Nathaniel Wilcox: Good morning, Commissioners. My name is Nathaniel Wilcox. I'm the executive director of PULSE; that's People United to Lead the Struggle for Equality, a civil rights organization. And like the Mayor said, we were working with and for the CIP from its very beginning over 14 years ago. And this morning, well, I've heard something I'm very incensed about; that the independent counsel will tell us now, after 14 years, that this body, the CIP that we've worked on and toiled on now may be in conflict with some court ruling that may strike down the CIP. Seem like when he first started working for the CIP, this information should have been brought to this Commission. Why today would he bring this information, or yesterday? Or, like you said, Commissioner, the independent counsel reached out to you late. He reached out to you late. We have an independent counsel that's always late. But we have people that are dying in the street because the independent counsel and the CIP are not getting the job done; bodies, young men who are dying in the street; investigations that have not taken place; people who City ofMiami Page 124 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 have died, and no -- we have no resolution to these deaths. We always hear some excuse coming from the CIP, the body, the counsel why they can't do it, why we're late, why -- all these excuses when the body was put in place to address these issues. There are two 15, 000 pound elephants in this room this morning; one 15, 000pound elephant dealing with the CIP. The second elephant is dealing with racism, and the second elephant is a very important elephant just like the first one. They saying that Ms. Beamud is a racist. She's being accused of contributing toward the diminishing numbers in black people on the CIP. But after we had an opportunity to look into this issue, Ms. Shawanda Hall, investigator, we questioned why haven't Ms. Shawanda Hall and the independent counsel and the CIP investigated these shootings? Why haven't they investigated the Travis McNeil shooting; one of the young men who survived the shooting? Why wasn't there an investigation? Why wasn't these people called in to find out what happened? It has not happened. We understand that Ms. Shawanda Hall was fired. We understand that Ms. Barbara Sweet resigned, but that does not equate to racism. And people in our community are asking those questions. `Mr. Wilcox, why are we losing? Why are there -- why is there a diminishing number of African Americans working for the City ofMiami? Why is there a diminishing number of department heads?" We just lost a department head for Sanitation. So those questions is what -- part of that big elephant that has to be addressed. But this morning, we've come to address the issue of the ineffectiveness of the CIP, and we're saying that after the fact, now we're here, that the CIP may be overturned by some type of court ruling. You guys should have been made aware of this years ago when the independent counsel, Mr. Charles Mays, came on the scene with all this great knowledge that he has. We're feeling that -- in our community -- that the independent counsel is working more for the police unions and the police than he's working for the people of this community. When we have African Americans who are been -- who have been hired to work on the panel because their community is being impacted by all these police shootings, then we feel that they should get the job done, but they haven't gotten the job done. Mr. Mays hasn't gotten the job done. Shawanda Hall hasn't gotten the job done. Ms. Bess McElroy didn't -- the other members of the independent review panel haven't gotten the job done, so this is why we're here this morning. Let's stay focused on the CIP. And all this other rabble -rousing stuff that they'll bring to the table about racism, that's not the elephant we're dealing with. We're dealing with effectiveness and the need for the CIP to work effectively. Thank you. Chair Gort: Thankyou. Jean Baker. Excuse me. Mariano Cruz: Let me sit down. Unidentified Speaker: Mr. Chair, is there a sign-up sheet? Commissioner Suarez: Yes, over here. Unidentified Speaker: Thankyou. Chair Gort: Yes, ma'am, you're recognized. Jean Baker: Thankyou. I am here on behalf of a coalition of the organizations that have been mentioned -- NAACP, PULSE, Brothers of the Same Mind, ACLU. We were the organizations that worked, as Mayor Regalado has told you, through long nights to put together an ordinance which would serve the community. And one of the things that I want to stress is that in the ordinance, there's a timetable built in that takes into account that, first, criminal investigations have to be completed; an IA has -- Internal Affairs has to do its job. But nonetheless, there is a timetable that the CIP should investigate and complete its investigations within 120 days after they commence an investigation, and if they are reviewing somethinglnternalAffairs has done, they have 30 days to review that. Now, Commissioner Sarnoff has indicated that the independent counsel recently has told Commissioner Sarnoff that there are complexities of laws and the Policemen's Bill of Rights and perhaps conflicts with other agencies that account for the delays City ofMiami Page 125 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 that we have all been hearing about, and it is our position that that is not accurate. The ordinance took into account the need -- first of all, it definitely took into account the Policemen's Bill of Rights. There's a very important part of the ordinance which deals specifically with how you subpoena officers and their right to invoke their Fifth Amendment right, and we were very careful. We had the policemen's rights statute in front of us all through the original negotiations, and we were very careful to carve a very precise pathway that totally respected the Policemen's Bill of Rights, and continues to do that. So I want to focus on the fact that the delays that have been happening are not because there's something inappropriate about the way the ordinance is built. It's built to have a relatively speedy conclusion of each case; recognizing that, first, criminal matters do have to be resolved. So to give you an example of what the current independent counsel's attitude is about delay, I'm -- Chair Gort: Excuse me. Not to be repetitious, if someone that wants to speak and give you their two minutes, I will appreciate it. Ms. Baker: Okay, ifI might just then finish with this. Chair Gort: Thankyou. Ms. Baker: Back in February of 2012, I asked the independent counsel at a CIP meeting, "Why have you not investigated the De Carlos Moore case and other cases that had already been concluded long before by the State Attorney's Office?" And in the minutes of that meeting, Mr. Mays -- and I'm reading -from the minutes -- "Mr. Mays agreed that the 120 days had indeed elapsed; however, he advised that is of little consequence, because the CIP staff in its review of both cases, Moore and Belizaire, they found no violation of existing policies or procedures by the principal officer." Mr. Mays added that "the CIP will likely provide a report in April 2012." It did not provide a report for another almost year, until February 2013. Mr. Mays has stood there in front of us at the CIP and said, "Those delays are of no consequence. We can just waive whatever time frames." As a result, the community has been extraordinarily frustrated in not getting the answers it's been looking for. Thank you. Chair Gort: Thankyou, ma'am. Charles Mays. Charles Mays: I'll defer at this time, if you don't mind. Chair Gort: Beg your pardon? Unidentified Speaker: He said he'd defer at this time. Mr. Mays: I'll defer at this time. I would like to -- Chair Gort: Okay. Mr. Mays: -- at the conclusion, ifI may. Chair Gort: Thankyou. Mr. Mays: Thank you. Chair Gort: Michelle Delaney [sic]. Michelle Delancy: Good morning. Michelle Delancy. I have a law practice here in the City of Miami at 201 South Biscayne Boulevard. I've been a panel member of the Civilian Investigative Panel since 2007. I believe, as Commissioner Hardemon and Commissioner Sarnoff clearly pointed out, there really are two big issues. First and foremost, the people that stood here have City ofMiami Page 126 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 interests. They have varying interests that are -- some are similar, some are very different from each other, but they're interests. The Civilian Investigative Panel is an independent panel, so that when they come, they're presenting to you that, generally speaking, they want to see police officers' heads roll. I know this, because, as sitting on the panel, I note that they're usually praising, particularly me, when I say, "No, I don't agree with that, it's not okay that we have the issue presented in this way and these are the findings." Andl respect those interests, but when we're up there, as you guys, when you're up there, we have to be independent and make sure that those interests are heard when they're supposed to be heard. So what the CIP has been doing all of these years are literally being independent. When I hear that the CIP is not working, it troubles me greatly. When Mr. -- when Horacio Aguirre comes up here and presents, 2009 -- October of 2009, we had this problem with Steve Wolfe. Two thousand and nine we cut our budget in half. Steve Wolfe was fired as a result. He was then disgruntled and filed this paperwork; that's what that was about. Since 2009, the panel has been working diligently, in fact, with the Mayor, who previously came up. Our latest mission just in November and December was about spearheading the getting of cameras on police cars. Not only that, but we have been investigating the police officer shootings with the ACLU. What these independent interest groups fail to realize, but we've told them time and time again is that there is this process. The process involves the State Attorney's Office; process involves Internal Affairs, and we have to wait for those investigations to complete; otherwise, we will undo what those investigations need to be done, because the police officers have rights, and we have to follow those rights, and we can literally undo or hurt those investigative processes if we don't wait. Not to mention, they assist us in our investigation because we don't and have not had the financing in order to go out and have that ability. But most importantly, look at what's happened. Since 2009, we've been literally getting these cases through making these recommendations. We have this case up on appeal of which counsel has been praised and lauded for up until when? Two months ago. You know what? I almost blame myself. You know what I did? I mentioned that Cristina Beamud, the brand-new executive director at that time, terminated our best investigator; it's not even close. She's a black woman. There were four black people in that office, three white people in that office at the time. Right now, Charles Mays is the last black person standing; that's not by coincidence. This investigator told me seven weeks into her job she did not like Shawanda Hall, she did not want -- she did not like Charles Mays, and she wanted to see them gone. So what I did is, I said, `Zook, guys, we are doing a great job, instead of -- it's clear -- this lady, amongst the other things that she told me -- this lady does not have this interest -- this panel's best interest in mind. We need to vote her off " and we did. City Manager, without question, put her back on, okay? Since then, we have been -- found in her waste paper basket torn up Post -It notes in her waste paper basket that said -- one said "niggers, " and the rest weren't clear. The other one said, "Black people are like animals, ha-ha." And in the midst of that, two people, black women, resign underneath her, and one is fired. And now, they're trying to get rid of the last black person standing, and that's the independent counsel; that's a problem. So there really are racial issues. I certainly applaud Commissioner Sarnoff, certainly applaud Commissioner Hardemon in looking to investigate this. I want -- I know my time is up. I just want to say that I absolutely love this panel, it goes to my heart. I'm a criminal defense lawyer. I often see what happens when we have rogue police officers, but I also see what happen when you have people in the public who are just trying to get back at the police officers for doing their job. We're there as the Civilian Investigative Panel to make sure that we come to the truth; not to promote interest groups and what they want to see happen, but we get at the truth. We've been doing that until this executive director has been hired; she is the missing link. I'm asking this Commission to get rid of her. We voted twice to get rid of her, guys. And she -- we hired her, and we were obedient to her. We need to get rid of her, andl believe that will be a great start to getting this panel back on track. Thank you. Commissioner Suarez: Mr. Chair. Chair Gort: Thank you, ma'am. City ofMiami Page 127 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Suarez: Mr. Chair, Mr. Chair. Chair Gort: Yes. Commissioner Suarez: If I may. First of all, I thank you for coming. You know, I think it's important for us to get the different perspectives. Clearly, your perspective is diametrically different from Horacio's, andl think it's articulated very well. I think there is a couple of things that you said that kind of disagree with. I don't know if "disagree" is the right word, but I -- in terms of what I've looked at and what's been given to me seem to be a departure. The first is I think you said something to the effect of "We have to let these processes" -- which is the, you know, Internal Affairs process and the State Attorney's process --flush itself out before the Civilian Investigative Panel can begin the investigations. I don't think that's up for debate. I think the debate is once those processes have ended and the CIP is supposed to kind of pick up the ball and do its investigation, and it's supposed to conclude its investigation within a certain time frame, andl think the frustration is on the part of these invest -- these independent agencies, as you termed them -- is that that's not happening; it's not even close to happening. Andl think -- so that's the frustration. I mean, you know, charges of racism, to be honest with you, I mean, it's -- I can tell you as a young elected official, it's frustrating to hear that; it's very frustrating, because you have to balance that with, you know, when you become a new executive director -- andl'm not taking a side, because I don't -- I've spent very little time with Ms. Beamud. You know, you have to balance -- you come into a position, and if it's not functioning according to the rules that are established that regulate its functioning, you want to make changes, and then those changes are questioned or, you know, we start counting, "Well, how many African -American people are here today? How many are here tomorrow?" And, you know, I understand what your perspective is, because you're saying, "Look," that's the only way we can be objective or kind of look at things from an objective perspective is to say, "Well, you know, when this person arrived, there was 'X' number ofAfrican-Americans and now, there's 'Y, "' you know, and that's a significant difference or a significant reduction. It's just -- look-- and in the context of what we saw with the Clippers owner, you know, in the last couple of weeks, you know, it's hard to believe that someone would do something as foolish if they were, in fact -- if they did, in fact, have racial feelings as putting them in writing, tearing them up, and putting them in their own wastebasket. That's pretty foolish. Ms. Delancy: It happened, though, Commissioner. Chair Gort: Excuse me, excuse me. Commissioner Suarez: Well -- Chair Gort: Commissioner -- Commissioner Suarez: No, no, no, wait; I want to finish. Chair Gort: Okay. Commissioner Suarez: I want to finish. That's foolish. I don't disagree that those papers were found in that wastebasket. I just find it to be extremely -- it's a leap -- it's a huge leap of logic for me to think that the person who that wastebasket belonged to would be foolish enough to do that. Now, like I said, in the context of what we saw in the last couple of weeks with the Clippers owner, you know, that puts a lot of things in perspective, certainly, that someone would be foolish enough, if they really felt that way, to actually express it. So I guess it's more likely to be believable, you know, after that. But when you have organizations that have spent their entire life, for lack of a better word, advocating for equal protection, equality, civil rights -- and as you said yourself, they're independent agencies. They have -- you know, I understand what you're saying; that they may have a little bit of a dog in the fight in the sense that, you know, they want City ofMiami Page 128 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 to see things -- it seems like sometimes, they want to see police officers brought to justice, quote/unquote, andl understand that you're saying that your organization's objective is to be independent, whatever that may be; whether that means that an officer is held responsible or not held responsible. I just think that these are independent organizations that helped create this organization. They've been, for lack of a better word, overseeing the organization, and when they have concerns, given the credibility that they have in our community and in our country, over decades, we can't ignore that. You know, we can't, as a Commission, ignore that. Andl really don't want this to dissolve into a "he said -she said." I think we should, as some of the Commissioners have expressed here today, take a step back and try to see, is it functioning; is the CIP functioning? And if it's not, what are the changes that need to be made? And sometimes, it's a matter of when someone's been in a certain position for a period of time -- you know, even us, we have term limitations; we're not going to be here forever. So there are rules in place sometimes to keep an organization fresh; to keep, you know, a new perspective coming in; to keep making sure that whoever's in charge has the same energy, the same enthusiasm for the job that they do, you know, on day one, and so that's why those rules are in place. So I think we're all grappling with and struggling with sifting through all the information. But it is troubling, I have to say, when you have organizations whose sole mission is to promote equality and whose sole mission is to promote peace in our community that are coming forward with these allegations. It's very troubling as a Commissioner, I have to tell you. Chair Gort: Thank you, Commissioner. I'm going to request -- ask for a request. If you all have any comments, any question, please write it down, because I have a lot of individuals that would like to speak, unless you want to change the procedure, but we have a public hearing taking place, and let's do it at the end. Because if we're going to debate back and forth, especially when we have attorneys, we can take all day on this. Commissioner Suarez: That's a good point. Chair Gort: Thank you. Vice Chair Hardemon: Why you keep hitting us? Why you keep hitting us? That's not fair. Chair Gort: Because I deal with attorneys all my life. Vice Chair Hardemon: That'll be -- an attorney is verbose. The goal is to say it's best (UNINTELLIGIBLE) -- Chair Gort: Bess McElroy. Bess McElroy? Bess McElroy: Good morning, Commissioners. I am Bess McElroy, and I am presently serving as the chair of the Civilian Investigative Panel. And just one small correction, Commissioner Sarnoff. I have not resigned, not yet. Commissioner Sarnoff. But did you actually once file for -- qualify for a candidacy? Ms. McElroy: Yes, I did. Commissioner Sarnoff. And do you not know that that's an automatic resignation under the law? Ms. McElroy: Well, I did seek information on it, and I was told that I did not have to resign, so that's why I did not. Commissioner Sarnoff. Who told -- I'm just curious -- you you did not have to resign? Ms. McElroy: A couple of attorneys told me that I did not have to resign, so that's why I did not. City ofMiami Page 129 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 It's not -- it was never my intention to violate anything. I would like to speak to some of the matters that's going on now, andl would like to recognize our Mayor, Mayor Regalado, andl -- when he was referring to people that was present years ago when we were putting together the CIP, I took the lead in that matter. As a matter of fact, I served as the chair of the Coalition of Community Organizations. At that time, Commissioner Gort was here. The Mayor was serving as Commissioner at that particular time. So I do fully understand the mission of the CIP and the intent of the CIP, and there are process, and there are rules, and an ordinance that speaks to the Civilian Investigative members, and there is some concern about some persons serving beyond their terms on the panel that is really not the fault of the person that's serving. When we accept to serve as members of the CIP, we also accept with the understanding that we will continue to serve until our successors are appointed. We do not appoint our own successors. The successors are appointed by the Commission. Andl do recall that on at least two occasions, maybe three, we went through the process that we were supposed to go to in getting names to the Commission. The Commission had -- it was on the agenda, but for one reason or another, the Commissioners did not appoint the successors, so we continued to serve. And it would be easy just to walk away, to leave, but as I said, we accepted to serve until the successor is appointed, and I'm always careful of how I would leave a situation because I might want to return; not return to serve on the CIP, per se, but there may be some other boards that would want to serve on in the future. So the appointing process is there. The final analysis of that is the appointees are by the Commissioners, and if the Commissioners fail to appoint, then we just continue to serve. So that is my say on that. And far as the executive director, whomever that person may be, there's a glitch in the ordinance that need to be corrected. It -- from my interpretation of it, based upon what has happened recently. The ordinance states that the CIP may hire an executive director, whose term of employment, benefits, et cetera, are approved by the City Commission. Now, it's no place in the ordinance, as far as I can see, as far as I have read, that said that we cannot terminate the person that we hire, and that's a problem that -- a big problem. If we are able to hire someone, certainly, we should be able to terminate that person if that is our wishes. And at the present time, the CIP has voted twice, really, to terminate the person who is in that position, and again, a second time. Now, in that regard, the outgoing City Manager, who was here previously, did not agree with the CIP and said that the executive director was to continue. And the second Manager, more or less, has done the same thing. And the second Manager, I sent to him a letter stating the wishes on the panel. To this date, the Manager has not responded to my letter, so in essence, he's turned his nose up at me as the chair and as the panel and in general. Whether the Manager agrees with our decision or not, definitely, professionally, he should have responded, so there is a problem there. I do want to thank you for listening to us, andl do thank Commissioner Sarnoff and Commissioner Hardemon for the suggestion that they are alluring [sic] to, and that is to set up a panel of some sort or committee to examine and to report back to you what is happening. I don't think it is possible in today's setting, a one-time setting, to hear from us and to really get to the nuts and bolts of what is happening, andl would hope that you will consider that recommendation. Thankyou. I see you're waving; my time is up. Thankyou. Chair Gort: Your time has been up for a while, but this is a very intense -- Commissioner Sarnoff. Mr. Chair. Chair Gort: -- issue that we need to discuss. Yes, sir. Commissioner Sarnoff. Can I just be heard on one section which Ms. McElroy brought up? And Chair Gort: Go right ahead. Commissioner Sarnoff. I know it's going to prolong it, Mr. Chair, but I think it might -- Chair Gort: Sure. City ofMiami Page 130 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Sarnoff. -- short circuit it, as well. So the real -- any panel that wishes to remain a panel of the exact same people with the exact same heartbeats, the key to making that happen is to ensure that there will never be a new nominating committee, agreed? Of course, we agree to that. So here's what Section 11.5.28 says of the term of office, vacancies and appointment to CIP -- very clearly -- Sub -Section "G, " terms of the office, Mr. Chair: "The term of the office of the members of the CIP appointed by the City Commission shall be for three years." I'm going to move to the next section: "CIP members shall continue to serve until their successors have been appointed and qualified." Fair enough. However -- Chair Gort: Who quakes them? Commissioner Sarnoff. -- there's a terminus provision at the very end of that paragraph; it's very clear, it's very exact. "No CIP member" -- not some; not the ones we choose; not the African Americans; not the Anglos; not the Hispanics; not -- says "No CIP member shall serve more than six consecutive years on the CIP." I think the lawyers call that the terminus -- I'm a lawyer, so what the hell -- that's a terminus provision. That means under no certain terms can anybody stay and occupy that position for six years. So the key to any establishment, if you want to remain forever, is make sure there's no process in place for a new appointment. And that's what's happened here; there's been a logjam. Now, you know, Ms. McElroy has come out -- and you can see, I don't take a position. I'm not here for the ACLU. I'm not here for Mr. Mays. There's a lot of truth on their side, andl got to tell you, as a lawyer, I got to tell you, there's a lot of truth on his side. But here's a very fair statement. Madam City Attorney, you have now heard a woman admit to this Commission that she has qualified for office twice. Victoria Mendez (City Attorney): Pursuant to Section 2-884, membership on boards of the City Code, it says no member -- Sub -Section `D: No member of any City board shall become a candidate for elective political office during his or her term. Should any member of a City board qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from such board." So based on that and the information that Ms. McElroy has given, she has resigned, effective immediately back then when she qualified. Commissioner Sarnoff. So, Mr. Chair, the key -- one of the keys has opened up, Commissioner Carollo; that is that now a position is vacant and now the chairman is no longer the chairman. And by the way, she'd like to think that's an illegal provision or somehow un -- you know, not correct; there is another recourse to go for that, and that's in, of course, in a court of law. But at least now the process starts, and at least now we see -- if we want to analogize this, Mr. Chair, to a drain, the water is starting to flow. Chair Gort: Thank you. Julia Dawson. Julia Dawson: Good morning, Commissioners. I would like to ask for a small indulgence. The mother of one of the shooting victims has come here this morning and would like to make some brief comments. I would like to give her my place to speak now, because she does have a job and may need to get back to that job, and if possible, couldl speak directly after? Or I will wait for my turn later on. Chair Gort: Look, we have a -- you've heard the discussion among all of us. There's a lot of things they don't like to discuss in the open. You guys want to do that, it's fine, but I have all this, andl have this agenda that we have to follow. Ms. Dawson: Okay, where will you put me ifI defer to her? Chair Gort: You'll have to get someone else to waive their rights to you, please. Ms. Dawson: Okay, I will go ahead and speak now, then, andl will try to be as brief as possible. City ofMiami Page 131 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 In regards to Ms. Delancy's comments, the best way to ensure that the police are able to do the best job they can do is to have robust investigations of police misconduct; that helps the police; that helps the community; that helps everyone, and that is what the CIP's job is. Regarding the nominating committee and panel members who are currently seated and beyond their terms and the vacancies that currently exist, these are the facts: The last time the nominating committee met was at the end of the year in 2012. They have not met since then. The last time new members were seated on the panel was in March of 2013. Since then, the nominating committee has not met to consider applicants, to make recommendations or nominations to the Commission for appointment or anything else. The chair of the nominating committee is Michelle Delancy. I also feel that -- well, let me just start with the remarks I had. I think we can all agree that the CIP is not working; that it is and has been for quite some time a dysfunctional board that is plagued by vacancies and board members who are serving well beyond their term limit -- Ms. McElroy was more than two years beyond her term limit -- a chronic lack of familiarity with the most basic documents that define their task and how it is to be carried out, andl would refer Ms. McElroy not just to the ordinance that defines the CIP, but also to the attorney's opinions that spell out who has the authority to hire and fire the executive director. They are plagued with a stubborn commitment to the status quo and a fear on the part of the majority to challenge any action or direction from their independent counsel. The bold community fight to establish community oversight ofMiami police is being squandered. One of the major obstacles of getting the CIP back on track is the current independent counsel. For over three years, the coalition has been monitoring the CIP, attending monthly meetings of the full panel and subcommittees, and for well over a year, we've been chronicling examples that demonstrate that the current independent counsel is either incompetent, negligent, or willfully ignores, or misrepresents the CIP ordinance in both how the panel is administered, which is not his job, as well as how cases are investigated and findings are arrived at. He has ignored the deadlines that are in the ordinance that clearly spell out and stipulate when an investigation of a case must be concluded. I have looked at all of the shooting cases. Every single one of them is a year over the deadline of when it should have been concluded. Ms. McNeil's case, when she stands up to speak, her case, Travis McNeil, is one year and three months over the deadline. It is an open case; the clock is still ticking on that case. Lynn Witherspoon is a year and 11 months over the deadline, and the clock is still ticking. Brandon Foster, a year and nine months over the deadline, and the clock is still ticking. The two cases that were closed, DeCarlos Moore (phonetic) was closed a year and eight months after the deadline passed. Gibson Belizaire was closed a year and five months after the deadline passed. The ordinance clearly stipulates that if the deadline is not met, that case shall be closed with a "no finding"; that means no investigation and nothing was found Both of them were closed, however, exonerating the police officer by the full CIP panel. And in the Belizaire case, although they were informed that the ordinance required that the case be closed with no finding, they voted down a motion to follow the ordinance, and immediately passed a motion to close that case exonerating the police officer. One of the problems with the investigations -- Chair Gort: Please. Ms. Dawson: One more thing and then I'm done. -- is that the kind of mishandling that is happening when you consider the job that the independent counsel has done on these cases -- and he is appointed -- he has appointed himself as investigator in every single one of these cases. He is the only person who is responsible for what happens in these shooting cases. And he has admitted in the first two cases that have been closed that he did not interview, speak to, talk to, make a phone call, or meet with a single officer or witness in those cases. Instead, he listened to the taped interviews from independent -- from the police investigation, independent affairs -- Internal Affairs, excuse me -- of the officers and the witnesses, and then said that after listening to that -- not talking to anyone -- after listening to the tapes, he could not think of a single question to ask them, and he believed everything that they said. That is not an investigation. These cases have not and are not being investigated, and the independent counsel is directly responsible for that, and we need to remove him. City ofMiami Page 132 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thank you, ma'am. Commissioner Carollo: Mr. Chair. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I want to start breaking down some of the information that we're getting and I'm go -- I'm not really sure who to ask the question to, but I'm going to start asking some questions; some I may know what the answers to; some I may not. But want to see if we could start breaking some of this down to see exactly if we could get to the root of fixing some of these issues. First of all, the nominating committee has not met since 2012. Who calls that meeting of the nominating committee, and why haven't they met since 2012? And I'm not really sure who to address these questions to, but I want to start seeing if little by little, we start drilling down to the root of possibly some of the issues. And I'm not even going as far as looking to point fingers. I just want to see, okay, if the nominating committee has not met since 2012, okay, how do we get them to meet? I would like to know why they haven't met, but anyways -- because that may actually fix the problem -- but why haven't they met, and how can we get them to meet? What's the issue that they haven't met? Mr. Aguirre: Through the Chair, Horacio Stuart Aguirre. The chairperson of the nominating committee is Ms. Michelle Delancy. Commissioner Carollo: And is she the only person that could call that meeting? Like who nominates the nominating committee? Is it the board? Mr. Aguirre: That is correct. Commissioner Carollo: And has that been addressed by the board? Because it seems like a lot of these issues could be addressed by the board, you know, andl don't want to micro -manage this, andl don't want to, you know -- but realistically, can't the board then ask, any other members ask, "Hey, listen, we have an issue. Why hasn't the nominating committee met? When is it going to meet?" You know, and again, I'm not looking to micro -manage this, but obviously, there's issues, and we need to start drilling down to see if we can find some solution. Ms. Delancy: The executive director usually contacts me when there -- and there's right now two open seats. So by the way, if we get rid of two or three other people -- which would, by the way, also include Horacio Aguirre -- we wouldn't even have a quorum. Normally -- we've already in the last year had to literally get rid of two different or three different meetings, because we haven't had a quorum, but usually, it's the executive -- we've a volunteer panel, so the executive director will contact me -- this is how it's always happened, and I've been chair, I think, for two years -- contact me and say, "Okay, Ms. Delancy, we have these two open seats. You need to -- here are dates of availability." She sends out the dates of availability, and then I convene the meeting. I just run the meeting. I don't work on convening the meeting; I run it. I'm the chair. I do -- kind of what, you know, happens here -- I don't convene or know, quite frankly, to do it. Commissioner Carollo: So you're saying that the executive director has not contacted you to say that "We need to nominate 'X' number of people" -- Ms. Delancy: Yeah. Commissioner Carollo: -- or have you all meet? Now, let me ask you something: As board members -- andl don't mean any disrespect with this. I really just -- I'm -- listen, I'm just getting down -- start drilling down and drilling down to see how we solve the issue. Can any of the members say, "Hey, listen, it seems like we have two vacancies, and we've had two vacancies City ofMiami Page 133 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 for" -- Ms. Delany: Of course. Commissioner Carollo: -- "X' number of years. When are we going to meet and" -- Ms. Delany: Of course. Commissioner Carollo: -- speak within yourselves?" Because I know we do this up here, I mean, many times; and even this discussion, I'm sure some of these Commissioners are saying, "Listen, could we have had a task force or a two- or three -member body deal with it?" But at the same time, at least this Commission, since I've been here, we've debated for many, many hours on issues to really drill down and vet it, andl think it makes, you know, our decision a better decision, 'cause we really vet it out. So I'm wondering, could any of that board -- any of those board members sort of figured that out and say, `Listen, guys, I think we need to act here, andl think, you know, a nominating committee should meet and, why isn't" -- you know, "there are vacancies and Madam executive director or" -- I don't know if the independent counsel deals with that also, but "how do we make this committee whole?" Ms. Delany: That never happened. Mr. Horacio Aguirre, no members from the public, Ms. Julia Dawson, no one has said, "Hey, we're missing two people; can we convene a nominating committee?" until we brought up this issue with the executive director. Commissioner Carollo: Okay, so moving forward, can the nominating committee meet? And -- Ms. Delany: Of course. Commissioner Carollo: -- can we see if those vacancies get filled? Ms. Delany: We been working on that. Commissioner Carollo: And how quickly can that occur? Ms. Delany: We've been working on that diligently, actually. Commissioner Carollo: Do you know when it would occur? 'Cause -- Ms. Mendez: Right now it's missing one member, based on its composition. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: May I? So the nominating committee usually has a member from each of the five districts, so it's missing one; that doesn't make it not have a quorum or majority, what it needs to actually nominate. But I believe then part of the issue then becomes -- remember now, we have two bodies, two groups that are warring with each other in this slate, and that's the best way to put it. And so, for instance, Ms. Delancy is on one side of the fight, and then we have others on the other side, so it becomes: Is it inherently unfair for someone who is a chairman of the nominating committee and maybe some others who are term -limited, who should not be there, to be a part of the body that is nominating the candidates that the CIP would choose to be on that body? So it's -- there then lies some of the issues that the nominating committee is facing as of today. Commissioner Carollo: Understood, Commissioner, but -- andl definitely understand what City ofMiami Page 134 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 you're saying, but it gets to a point that, you know, there needs to be action taken, unless you want a clean slate and get all new board members. I mean, I don't even think we can do that, due to the process that's in place. Ms. Dawson: I could shed some light on that. Chair Gort: Excuse me, let's try to keep some kind of order, because we're going to be here all night. Commissioner Carollo: But want to see, can, you know --I don't know -- the board --? Ms. Mendez: Commissioner Carollo, just so that you know, if the nominating committee -- if these issues were not resolved in short order; that is, getting a proper nominating committee and all that, the City Attorneys Office was going to propose legislation totally revamping this; and then if there was ever a problem with the nominating committee, that the Commission would just appoint the members in order to select a slate. So that was going to be -- just to be able to resolve the issue -- was going to be a proposed legislation now in June. Commissioner Carollo: Exactly, and that's where I'm getting at. However, I want to -- I guess I want to exhaust all avenues and try to let this, you know, the CIP Board actually fix the issue; however, if not, yeah, then we're going to have to act. However, I'm trying to exhaust all avenues beforehand. Commissioner Sarnoff. So -- do you mind, Mr. Chair? Chair Gort: Go ahead, go ahead. Commissioner Sarnoff. So, Commissioner, why don't we let it auto- correct; give it the opportunity to auto -correct. Why don't we pass a resolution demanding -- asking, requesting -- 'cause we shouldn't make demands upon an independent agency -- requesting the CIP Board, in accordance with Section -- nomination of the members -- to convene a nominating committee to solicit and screen applications, interviews, potential candidates to be appointed for membership and submit such candidates. The CIP shall, by a majority vote, submit nominations to the City Commission for approval. That would be my motion. That would allow them to auto -correct. Commissioner Carollo: Andl second that motion, 'cause that's where I'm going at, and that's where I kept hearing this -- I kept hearing from the public, but at the same time, we need to, you know, start drilling to what they're saying. I'm listening to you all, to everyone, andl appreciate your comments, but we need to start drilling in, because my intent here is to find a solution and be able to solve this problem, and it seems like we might be able to do it this way without legislation from this committee -- or this Commission, as suggested by the City Attorney; however, I'm glad that we have that option, and I'm sure that we will exercise that option if it's not fixed And then I think once that occurs and we have members and a full board, I mean, in all fairness, they can vote with regards to executive director and with regards to independent counsel. I know the one position that is there in the Charter is the independent counsel, and once again, it's my understanding that the board is the one who appoints and nominates and votes on whoever they want as independent counsel, so as a matter of fact -- I'm sorry? Ms. Mendez: Commissioner Carollo, just to let you know two points: One, based on -- Commissioner Gort had made a statement earlier that he wanted the parties to mediate and talk to the CityAttorney's Office, andl -- this office, my office, and Deputy City Attorney Min spoke to the parties and advised them of this same option; that if they did not auto- correct, as you placed it, that our office was going to have to intervene and change the ordinance and such. So my understanding is that they are trying to convene a meeting of the nominating committee, but as such, what we discussed earlier, that is an option; that we will bring forth legislation in order City ofMiami Page 135 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 to achieve that correction immediately. And then the second point you had mentioned about who appoints the independent counsel; that was your question? Commissioner Carollo: It wasn't a question. It's my understanding it's the board, andl don't mean the Commission. I mean the Civilian Investigative Panel. Chair Gort: We confirm the nominations. Commissioner Carollo: Of both? Commissioner Sarnoff.. Well, she's -- I think she's checking to see who (UNINTELLIGIBLE) -- Commissioner Carollo: Right. So that's why I'm asking. And as a matter of fact, I remember -- I actually pulled the minutes. I haven't had a chance to read it all, but I remember Commissioner Teele had issues with that, because he didn't want -- he wanted this panel to be as independent as possible, and he actually spoke against the City Commission ratifying whoever they choose as an executive director. But anyways, as of right now, what is the process? Ms. Mendez: The City Commission appoints all the members of the CIP, except the appointee of the Chief of Police, by a majority vote, exclusively from the nominations submitted by the nominating committee, so that's where the hiccup is. Commissioner Carollo: Right. Commissioner Sarnoff.. The old days -- Ms. Mendez: And then with regard to the independent counsel for -- in Section 11.534, it's the -- an attorney -at -law admitted to the practice of law in Florida for at least seven years shall be employed by the CIP as independent counsel, subject to the approval of the City Attorney. So that's -- Commissioner Carollo: Right. Ms. Mendez: -- the nuance, and the authority of the City Attorney to remove the independent counsel from employment. Commissioner Suarez: It's the City Attorney. Commissioner Carollo: So it's named by the board, and then subject to ratification by the City Attorney's Office, correct? Ms. Mendez: I think that's how it's been done in the past, but it's pretty much -- Commissioner Sarnoff.. It's her choice. Ms. Mendez: -- employed by the CIP, but it's me. It's really me. Commissioner Sarnoff.. Her choice. Commissioner Suarez: Yeah. Commissioner Carollo: Okay. Chair Gort: Gentlemen, let me ask you a question. I have people here that signed up to speak. I'm going to close the public hearings after hearing -from Lesley [sic] Jones. I'd like to hear from City ofMiami Page 136 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 the public, and then we'll make whatever decision we want to make. These people have been waiting for a long time. Let's hear everyone that wants to speak, and then we can make a decision. Commissioner Carollo: Yeah. Commissioner Sarnoff. I think we do have a motion and a second. I'm not saying we have to vote on it now -- Commissioner Carollo: No. Right. Commissioner Sarnoff. -- but I think it's here. Chair Gort: There's a motion and a second; it stands there. Commissioner Carollo: But in all fairness, let everyone speak. Commissioner Sarnoff. Right. Chair Gort: Okay, Sheila McNeil, please. Ms. Dawson: All right, I do have information on the functioning of the nominating committee that would help with the drilling down that the Commissioner wants that you really need to consider. Chair Gort: Sheila McNeil. Sheila McNeil: Good morning. My name is Sheila McNeil. I'm the mother of Travis McNeil. He was one of the young men who was killed in a traffic stop by the City ofMiami police officer. My family andl have been -- we've been through a lot, and this committee, I found out, has -- is what -- my attorneys have said they've been waiting for them to come to some kind of conclusion as to what's going on. I really don't understand what the process is, but this has put a lot of wear and tear on myself and my family. My son died in 2011, andl think there's been adequate enough time for them to come to some type of ratification about his case. It's very stressful. I have so many questions, and still, I've gotten no answers as to why my son is dead, andl was hoping that through this committee, some kind of conclusion would -- we -- they could come to some type of conclusion that would help me and my family sort of put this thing to rest. This is not -- there's no way I can say that it's gotten better. These days have not been easy days. I feel like my son was murdered, andl still -- I just need some type of -- some help, you know, as far as getting the answers I need from this panel or whomever has the last say in what's going on. We've been through quite a bit. First, his death was ruled unjustifiable. Then they got -- the Feds got involved. Then we got another conclusion to the case, and it's just lingering, and it's very stressful. I just want them to come to some kind of agreement or whatever they need to do to get on the ball and get it done, 'cause it's been over a year and some months that this -- they should have made some type of decision in this case, and it still hasn't been made. It would be very helpful to me and my family if we could get some answers to so many questions that we have. Thank you. Chair Gort: Thank you, ma'am. Bradford Broom. Bradford Broom -- Brown, I'm sorry. Brown, Brown. Sorry. Bradford Brown: Thank you, Mr. Chair and Commissioners. My name is Brad Brown. I'm currently first vice president of the NAACP. I was president when this ordinance was put into place, andl will never forget that Commissioner Teele told me at that time that we should evaluate the effect of that ordinance by looking for changes in the culture in the Police City ofMiami Page 137 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Department. Not too long ago -- and you saw the pictures of the shooting victims. It was obvious that that hadn't taken place. We thought that the independent panel should investigate those; they weren't doing anything. We filed a complaint joint -- a third party complaint jointly with ACLU, thinking they should investigate all of those kinds of police shootings. I'm moved to tears at the testimony we've just heard, because we were in the position of urging people like that to bring their complaints to the CIP. Shortly after the first one was dismissed, the first charge, I told the CIP in their committee meeting that I would recommend that the NAACP withdraw from any involvement with the CIP. We could care less whether they were funded or whether they existed, because they were not doing a job that was worth supporting. We wouldn't go to bat to wipe them out; we'd let other people be involved in that. Andl think it's important that we look at that, because if -- andl don't --I'm not being a lawyer -- if the opinion that we heard that they can't do the job because of issues in the Supreme Court, then as far as I'm concerned, there's no value in having them. If we want to test whether we can have them, then we need an aggressive independent review panel that will push that to the point to find out whether it can actually be effective in changing the culture in the Police Department. Andl want to just make -- briefly, we've had some concerns about -- raised about our new executive director. That -- when I made that statement, the new executive director was nowhere onsite. So the issues with the CIP and with the decisions of following the decisions of the current independent counsel were there; she has nothing to do with those. We need to deal with that separately, and then want to look at whether we have a new executive director who lives up to the resume that everybody saw and were accepted as there. Andl would suggest that rather than worrying about trying to decide who put the sticky notes down there, because handwriting is sort of pseudo -science anyway, that one does a due diligence on her resume, because if there is an issue and is a problem, that due diligence will find it out. So -- but put that separate. Let's solve the CIP issue and independent guidance for that CIP now. Thank you. Chair Gort: Thankyou, sir. Julia Dawson. Again? We heard from you. Ms. Dawson: Can't hear me too many times. What I wanted to say when you were discussing the nominating committee is that since 2009, the CIP has not had an executive director. There has been no one in that position until this last December when Ms. Beamud was hired. So for all those years, who did that function of administration and management of the CIP? The answer is the independent counsel, who persuaded the CIP panel that he could handle this, and they acquiesced, and they let him function as a de facto executive director. That is a period of time when the nominating committee did not meet. Ms. Delancy is no longer on the nominating committee, so I'm confused as to why she's speaking on it as though she were still today. The one other piece you need to know is that the City Attorney left out one very important factor when you were talking about the ordinance and that the nominating committee would solve all the problems in the CIP. Her office, Mr. Min, directed specifically the independent counsel to be the one to see that the nominating committee functioned and met; that was on March 31. Since that time, he has not accomplished that. Ms. Beamud, as executive director, deferred to him since the City Attorney designated him with that responsibility. And finally, in frustration, for example, with there being no representative from District 4, she went to Commissioner Suarez and asked if his office had some suggestions for people who could temporarily serve on the nominating committee so it could function, and he did, and she has those names. Chair Gort: Okay. Ms. Dawson: She took care of that. The independent counsel's solution was to advertise in the NET (Neighborhood Enhancement Team) offices and online. Chair Gort: Thankyou. Ms. Dawson: I don't know who you get -- where the applicants come from there but -- City ofMiami Page 138 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thankyou, thank you. Ms. Mendez: I advised that -- Chair Gort: Excuse me. Ms. Mendez: -- that was an inaccurate statement when I met with her previously. Both -- everyone at the CIP, both the executive director and counsel, were charged with getting this done, and if it did not get done, then our office is going to take care of it with regard to legislation, and that's what was discussed. Commissioner Carollo: Mr. Chairman. Chair Gort: Thankyou. Yes. Commissioner Carollo: Andl think you do have a proposed resolution on the floor that -- we'll continue to listen to everyone who wants to speak, but think we could take a vote on that and that may bring some -- I don't want to say "closure," but move the ball forward into finally making this -- making the process work and making sure that we have a full CIP panel. Chair Gort: Rubin Roberts. Rubin Roberts: Good morning. I'm Rubin Roberts. I'm the criminal jusfice chair for the NAACP, andl'm here with the coalition. I want to be brief and really speak to the facts. I know that they're talking -- there are talks about having some sort of investigation, but I think there are some facts that are very clear. Facts are that the investigation [sic] are not happening for the families, as we've heardfrom the parent of Travis McNeil, and it's very troubling. Facts are that in District 5, there is a disproportionate number of African -Americans that are being shot by -- that have been shot by police officers, and that is an issue that we are concerned with. I'm sure in any other district, you don't have the number of police civilian shootings that you have in District 5. We're not blaming the police, but that is -- that's a fact and that's an issue. This CIP was developed to address those issues and those concerns. We've heardfrom a very distraught mother today that is concerned that she has not had any recourse or redress on this issue, and she's still grieving and mourning and waiting to see that there's something happening. Commissioner Hardemon, I'm sure that you probably know some of these young men, have gone to school or -- with them or their relatives, andl'm sure that you're concerned about what's going on in your district, as well; I'm certain of that. The other facts I would like to say is that the IC (independent counsel) has taken on a role that supersedes his authority. This is not a witch hunt on the IC; doesn't matter who the IC is. What I am concerned about is that there is representation that folk who are -- have family members that have been shot or had any sort of improprieties with the Police Department that they have due process through this panel, and it doesn't matter who the IC is for me. The other thing is that there's an internal process the CIP needs to revisit so that they can come up with some standard operating procedures to help them with this process. And finally, if you're going to have an investigation, I would welcome all of you to look at the March 20 CIP meeting where the coalition was slandered by Ms. -- Attorney Delancy, andl think that anyone that serves on the panel should have a little bit more poise about -- in their position when they're addressing with panelists. We can agree to disagree, but we don't have to be slanderous. Lastly, I want to say to you that it is approaching the summer. A lot of youth are not -- summer jobs are not there. There may not be summer programs for school, that sort of thing. And in the heat of the summer in Miami, I am very concerned that if there happens to be -- unfortunately, if there happens to be another shooting in District 5 that there may be civil unrest. Andl charge that -- I really would like to see that you guys address this issue before something of that nature or that magnitude happens. These kids, they are people; they're people; they have families. And Ms. Delancy said that we have an agenda. Our agenda is to support the residents of the City ofMiami, regardless of color, creed, religion, sexual City ofMiami Page 139 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 orientation. We want to protect -- that's this coalition's agenda, so that's what we'd like to do. Thank you for your time. Chair Gort: Thankyou. Next speaker, Javier Ortiz. Javier Ortiz: Good morning. Javier Ortiz, president of Fraternal Order ofPolice, 710 Southwest 12th Avenue. I want to start off by letting the families know -- I know the McNeil family was here earlier -- that there is not one police officer that comes to work saying, "We want to get into a shooting." That's the first thing. There are allegations that were made by the president of PULSE that somehow, the FOP (Fraternal Order ofPolice) and the Police Department are in cahoots with the CIP. That is the most egregious statement -- well, one of the most egregious statements he's made today. The CIP has absolutely nothing to do with the FOP. There were some statements also made by another individual that the officers did not give any type of statements to the CIP. Because that is the recommendation from our legal counsel. The FOP doesn't care if the CIP is around; they can investigate all they want. Internal Affairs investigates us; the public investigates us; the U.S. (United States) Attorney Office investigates us; the FBI (Federal Bureau oflnvestigation). Our own Chief has invited them, invited the U.S. Department of Justice to come in. These shootings were justified. They're unfortunate. You'll never hear me say, "Oh, this is a good shoot. " There's no such thing as a good shoot. If we have to take somebody's life, it's very unfortunate. It is a tragedy. And, yes, they have families. My officers have families, too. And in none of those cases, none of those cases of any of those gentlemen that were involved in these shootings, they weren't just walking down the street. If they would have followed lawful commands or they would have not been committing a crime, we would not be here today. Vice Chair Hardemon: Wow. Mr. Ortiz: As far as the CIP and police officers coming, just like our Chief Timoney did in the past, we would elect -- you know, exercise our Fifth Amendment rights. Criminals have the same rights that we do, and we will assert them. In closing, this is the question that ask my Commissioners: What are we getting for the $600, 000 a year? Tax their money. What have we gotten out of that year after year after year? My solution is quite simple: Get that $600, 000 and put more investigators in our Internal Affairs Division. Detach them to the FBI if you want. Our officers have nothing to hide, but let the investigators investigate; not what public perception is or what some people have as their own hidden agenda. Thank you. Chair Gort: Thankyou. H.T. Smith. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: May I -- before Mr. Smith speaks, I just -- I have to say something briefly. I'm dismayed by the lack of insensitive -- the lack of sensitivity in the comments thatl just heard. Maybe he knows more than what do about each one of these cases that the CIP is or has yet to investigate. And understand that, you know, the FOP has a position, and sometimes it asserts that position, but sometimes we have to know when to assert it and when to just know that there will be a time to assert it. And so I will say just briefly, the CIP does have the power to subpoena. If the CIP wants to subpoena witness and that witness may be an officer, it does have the ability to meet with the State Attorney Office and subpoena witnesses to come before it to speak. The FOP, I'm sure, has attorneys. I'm not asking for a response. But the FOP does have attorneys that may recommend to their officers to answer those subpoenas or not, and that is a legal decision that's going to be decided before a judge to decide if that is permissible or they must answer to the subpoena. But knowing people -- you know, my mother is a police officer. I have no qualms of saying that, and thankfully, she's never come home to me City ofMiami Page 140 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 and said that `7 killed someone today. " And -- but also knowing the people in the community that have been killed, I just -- I apologize to the mother. I apologize to anyone who is watching this. I apologize to anybody if you were offended by the comments that put the position out there that if you were killed by a police officer in this City, that you are a criminal or that you were committing a crime or that you were doing something wrong. That is emphatically an incorrect statement, andl am so disheartened to hear that being put, because every single person in this community is a person first, and not every single person that is killed in the line of fire that a police officer has put himself in is a criminal. It's okay sometimes to say, `7 made a bad decision." It is okay sometimes to say, `7 was afraid" It is okay sometimes to say, "You know what? Maybe Liberty City isn't the best place to put me, because I just -- I can't function in that area. Maybe I need to be in Coral Gables or Coconut Grove or something of that nature." Give me in my district officers who understand people. Give me in my district officers who are slow to fire. Give me professional law enforcement officers. And what that means to me is -- the word 'Professional" means so much, and that's why you put it before the term "law enforcement," 'cause anybody can enforce law. But when you are a professional, like when you are a doctor or a lawyer -- a doctor has a responsibility of performing a certain type of function within a certain measure of error every single time. And when he operates outside of that degree, he is sued for malpractice. A lawyer has a responsibility to operate within a certain degree of error every single time, and when he does not do that, he is sued. A professional football player or basketball player or baseball player has a responsibility of acting within a certain amount of error every single time, and when they fall below that, they are let go. Andl believe, in all of my heart, that every single professional law enforcement officer has gone through the training that they have, that has put forth the years of service that they have, that have dedicated their time and put their lives on the line because they understand that at any time that they operate outside of that measure of error, they or someone else may lose their life. Andl think that that is the beauty of being a professional law enforcement officer. And as a professional, we have certain decorum that we must maintain, andl think that we step outside of that professionalism when we insult the families that are suffering at such tragic events. No one is right; we are all losers. Chair Gort: Thankyou. Mr. Smith, you're recognized. Applause. H.T. Smith: Thankyou. Chair Gort: Wait. Hold on, excuse me. Mr. Smith: Thank you. Vice Chair Hardemon: Come on. Mr. Smith: H.T. Smith, 1017 Northwest 9th Court, Miami; born in the Christian Hospital in Overtown; went to elementary school, living at 1420 Northwest 1st Place in Overtown. My business is located in the City ofMiami. I am a property owner in the City ofMiami. First of all, let me say that I've heard that there are warring factions. I am not here today as a warrior. Many times, I have put on my warrior costume and led the "Free South Africa" movement with many of the people, by the way, who are coming to you, asking you to take action. They are good people; they are smart people; they are people with integrity. But also, I also know your independent counsel, andl can tell you that he's one of the finest lawyers in the State of Florida. I came to you today to ask you to focus on two things that you know about, because I've heard you say them, but sometimes, in the discussion, the most important things kind of get lost. The two most important things I suggest are independence and fairness. If you'll look at the reason why 76 or whatever percentage of the citizens voted for the panel, it wasn't so much they wanted an investigative agency alone; we already had one, Internal Affairs. The people felt that it wasn't independent; that consciously or subconsciously, when police officers investigate police City ofMiami Page 141 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 officers who they've gone to academy with, who they work with, that even subconsciously, there may be a bias, or what is more importantly [sic] to the community, an appearance of bias. So the number one thing they wanted was independent review panel; the number two was a subpoena power. All of you around, you know that for a fact. You cannot be independent if you cannot hire and fire your own people. Can you imagine if you were elected City Commissioner or the Mayor and somebody else would pick your chief of staff? That's outrageous. You -- how could you operate like that? If you do nothing else, you have got -- I mean, if you -- I really believe -- although that you all will disagree how to get there, I believe that you all really understand the importance of the CIP, and you're trying to fix it. So let me just tell you what I'm not here for. I'm not here to say that the CIP doesn't need fixing. I'm not here to go into who put the racist things in the garbage can. I'm not here to talk about or to get in the way of whatever the right thing to do if people may have stayed over; I'm not here for that. What I am here, though, is to say the facts -- and I'm not here to contest the facts about the time. I was a part of the group -- you know, a lot of people don't know I was Commissioner Teele -- we pledged fraternity together. I was his first campaign manager at FAMU (Florida Agricultural and Mechanical University). I hate to admit we lost. I guess he never used me again after that. So I was meeting with him privately as the ACLU, NAACP, and a lot of people in the community, all across the community, white, black and Hispanic working for this. So I am in favor of a strong independent CIP; we need it. We don't need to take the money and do something else with it; we need it. That's number one. Number two, I have sued the City ofMiami as much as any living lawyer involving police misconduct. I just had the case when the young man, Singleton, got shot on the roof. Now, when someone said that either your independent counsel is incompetent, negligent or something else, I can't speak to the other things. I can tell you he's one of the finest lawyers. How do I know? The skillset for this job are these: Whoever that person is, they must understand the criminal justice system, because almost all of the cases come out of a potential for a criminal charge, and you got to work with the State Attorneys, the U.S. Attorney's Office, FBI, et cetera. Charles Mays comes from the State Attorney's Office and one of the finest lawyers. One of the first murder cases I had, he prosecuted it, andl sure wish they had a lesser prosecutor, 'cause I want to win. He was excellent. He then came to the City ofMiami and joined your fine staff at the City Attorney's Office. They were so proud and trustworthy of his work that they put him in charge of your litigation department. They said -- remember when the -- there was a parking lot that crashed; remember that? Parking lot fell down; one of the most embarrassing things ever happened in the City ofMiami. Who do you think they asked -- who do you think the City wanted to handle that? Charles Mays. The shootingl talked about, any time there -- when he was in -- a City ofMiami Attorney -- when they said, "This is a case that can cost us a lot of money, bad publicity, whatever, we're going to our hired gun," and that hired gun was Charles Mays. And most of the time, he prevailed. And I just got the signal, and I'm going to respect the Chair. Let me just close by saying this: The debate right now is -- and by the way, the people who've come up here, all of whom are my friends, are saying that the -- they've taken too long. And any lawyer who'll read this will say, "The question is 'why?'" It takes a legal analysis to determine whether his "why" is justifiable or not. You must, I beg you, please have some people to look at the reasons why. And Ms. -- the other people are saying those reasons are not justifiable, and come back to you and tell -- how long other CIP's are taking? How long the State Attorney's Office taking? How long is the U.S. Attorneys taking? All this is good information to have. I'll -- I'm willing to bet my Bar card, if you get that information, you'll make the right decision. If you do it beforehand, you're going to make the wrong decision, probably because you don't have the information. Thank you. Chair Gort: Thank you. Commissioner Suarez: Mr. Chair, ifI may? Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Thank you. City ofMiami Page 142 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Mr. Smith: Oh, I'm sorry. Commissioner Suarez: No, that's okay. It's not really a question; it's more of a comment. I think -- from what I've heard, I think the independence factor, which I think you articulated very well, a part of it, which is, you know, the ability to hire and fire your own people, I don't have any issue with that in terms of having a fully independent organization. But I think there's a second component to the independence factor, which is to conduct an independent investigation, andl think that's what's at issue, I think, and what's being criticized in some ways, because to only base your investigation on a prior investigation or another investigation or whatever evidence it's going to uncovered under another investigation, I think, to a certain extent, fails the test of independence, andl think that's the concern. I think we all agree that fairness is paramount, because the -- you know, the objective of the panel is not, you know, to convict or not convict; it's to be fair. So I think -- and to be another layer of oversight. But the timeliness issue is -- really, for me, it's a big one, because we're not -- I don't think -- and maybe I have it incorrect, but I don't think it goes from the point of whatever the incident is through those investigations that you detail, you know, the FBI or the U.S. Attorney or the City's -- those don't count towards the timeliness factor. There is a designated, statutorily designated time frame, and that is being ignored essentially, and that's the concern. And it's not being missed by a week, by a month, by six months; it's being missed by a function of years. Andl understand that your response is, "Well, why?" you know, and we need to get to the "why," andl agree with that, andl think that's the very minimum that we can do, andl think you're absolutely right in saying that, andl think that Commissioner Sarnoff is right in saying that. But there is a big problem, because if our statute calls for 120 days from the moment they can begin and should begin or mandated to begin an investigation, and we're talking about, you know, 24 months or 18 months, I mean, that's a huge problem. If it's a resource problem, we need to address that. If it's -- you know, whatever the problem is, we need to address it, because I think that goes to the core of you know, Ms. McNeil's pleas, you know, when she comes before us and says, "Please, you know, we want to know what's going on. We want this process to have a conclusion so that we can have peace in our family." Mr. Smith: Two quick things: One, I did not speak about the independence of the investigation because, unlike my friends, I don't have the facts. Commissioner Suarez: Right. Mr. Smith: Okay? Commissioner Suarez: Understood. Mr. Smith: Secondly, I want you to know that almost all of the time when I deal with the CIP or the IA, I'm representing the people in the community whose family has a member who's gotten shot. I want the investigation to be fast, too. So I think we're getting -- want the same thing, is how to get there. Thank you for saying -- and I'm watching to seeing -- that the minimum we can do is to find out why. If you believe that, we're going to be on the right path. Chair Gort: Thank you, sir. Commissioner Sarnoff. Mr. Chair. Commissioner Suarez: Thank you. Chair Gort: Grace Garces. Commissioner Sarnoff. Before -- City ofMiami Page 143 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Yes, sir, go ahead. Commissioner Sarnoff. I apologize; I'll be brief. Commissioner, I don't know if you know this, but before any of us got here, a Mayor's chief of staff was fired by the City Manager. Now, I think you would be outraged if your chief of staff was hired by the City --fired by the City Manager, 'cause we think our offices are independent. I think we also like to believe the CIP should equally be independent. Commissioner Suarez: Agreed. Commissioner Sarnoff. But the way we are structured, that is not happening. I passed an ordinance my first three months of being here, one -- two things that happened: I thought my budget had got raid -- was raided, which it was. And think about it; timing -wise, you're into the next fiscal year and a Commissioner can bonus their ex -- outgoing people. So two things I passed: One, you could not do that; and number two, that your employees are your employees. Now, I'm told that may not be as effective as I like to think, as Commissioner Carollo -- I know he'd like to believe that he controls -- yes -- he controls his employees' hiring and firing, right; as I think every Commissioner does, as the Mayor I think would like to believe he does. Yet, that may structurally -- and I'm speaking to you -- may not be the way it really is, but it is -- in practice, we get to do it. But -- andl say this to the ACLU, 'cause there's an irony here. The irony is sometimes the ends don't just the means, because I know you want the City Manager to keep Cristina Beamud in place, andl understand why that is. But in doing so, you set a dangerous precedent, and the precedent now set is that the City Manager controls the ultimate hiring and firing decision of some CIP folks. And while your result may be what you want, you've now dangerously set precedent. Commissioner Suarez: I would just -- I would kind of a little bit disagree with the way you articulated that, because I think the precedent was set from the beginning; maybe it wasn't the right precedent and maybe -- I don't think so. I don't think they're asking for that precedent to be set. That's what the precedent has been, unfortunately or fortunately, depending on how you want to look at it. I agree with the crux of your argument, which is essentially that that's not the way it should function. Commissioner Sarnoff. Right. Commissioner Suarez: That may have a different result than what they like. And then it's on us to decide if we think the board members of the CIP are doing the right thing, because if they're firing someone who we think is competent and capable, or whatever, then we have the right to remove them and get a board that is acting in the best interest of the residents of the City of Miami; that's the ultimate check. Butl don't think that they necessarily disagree with that argument, from the conversations I've had with them. I just think that they want things to happen the way that they've always happened from the beginning, given this set of circumstances. But I think you're right, I think -- I don't think it's -- I don't think, in the long run, it's the right way, because I agree with you, andl agree with the Commissioner that it definitely reduces the independence of the board, for sure. Chair Gort: Thank you. Ms. Casas. Grace Casas: Thank you. Grace Casas. I am an attorney. I'm also a member of the CIP panel, andl was one of the more recently appointed panel members. This -- to reiterate what's already been said, gentlemen, independence and fairness. The reason that this panel exists as an independent entity is for that fairness, andl have said this before, andl will say it again: This panel is not meant nor shall it be turned into the modern version of the Spanish Inquisition. We are not here to champion agendas. We are here to serve the people of the City ofMiami so that they have a voice, they have somewhere to have their concerns addressed and addressed City ofMiami Page 144 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 appropriately within the law and within the laws that this body has also passed in the form of ordinances. What you've heard today is you've heard personal attacks, you have heard criticisms, but heard very little solutions. Commissioner Suarez asked if there is a resource problem. There is a resource problem, and if -- gentlemen, if you'd like to ask the CIP how many investigators have, we are not going to say we have five, six, seven, eight, or ten. At this point, I believe we're down to one to two investigators. Now, one of the issues that you have heard here this morning is that the Commission -- that the panel is not moving appropriately fast enough. Our resources are extremely limited; that being said, we still have that obligation to the people of the City ofMiami in order to have these shootings investigated, but to be fair, because I made a promise to be fair; not because I was asked to, but because I wanted to; to be fair to complainant and to officers alike. I am not here to champion anybody's agenda; not mine or anyone in the community, any group or anything, nor shouldl believe this panel should be allowed to be turned into someone else's agenda. Andl would ask that this body do investigate, because you haven't heard all of the facts. You've heard different versions of the facts, and for the lawyers here, I'm sure you know that that's actually one of our jobs as lawyers. We take facts, but we -- you andl can take the same fact, Commissioner Sarnoff, and we could spin it quite two very different ways. Commissioner Sarnoff I never spin my facts. Chair Gort: Three different ways, uh-huh. Ms. Casas: So a different breed of lawyer. This panel has been in existence for a reason, and the reason for that panel is still there. The CIP is needed. Does it mean that the panel isn't open to changes, to suggestions that will help it improve? Of course not. Everyone needs change, everyone needs to be improved; that's the passage of time. But it needs to be done in the right way; not through personal attacks, not through misstatements, and not through people trying to specifically push an agenda that's other than give the people of the City ofMiami a place to go where their complaints can be heard without fear that anything is going to happen to them or to their families, but also that they be treated fairly, and also that any officer that this panel is investigating also feel at the end of the day that they were treated fairly, and that they were treated with respect, and that our complainants are also treated with respect and have their issues addressed on time. So before this Commission makes a final decision, I would ask you sincerely, please, to convene your own panel of investigators and actually see exactly what is the situation at this point, because the panel needs to grow, the panel needs to remain an active part of this community, but it needs to be done in the right way; it needs to be done in a fair way. Thank you. Chair Gort: Thank you. Neil Shiver. Neil Shiver: Good afternoon on a morning item. Neil Shiver, 3095 Plaza Street, Coconut Grove; that's the Goombay side of Coconut Grove. I feel like the main character in the "Bader Vagi da, " a warrior who was called to battle, but he hesitated, because he saw friends on both sides. I'm a former board member of the panel, and I'm here in support of the fact finding committee. I think, Commissioner Carollo, that some of these issues would automatically work themselves out, because there is a process in place. So I was prepared to attest to the qualifications of the independent counsel. If this matter was before the board, the matter of a vote of low confidence, Charles Mays would prevail. I was prepared to attest to the budgetary cuts and the impact that those cuts had on the operations of the independent counsel. I was also prepared to talk about the delays in receiving Internal Affairs documents and files that also caused delays within the CIP investigation process. The recent findings of the Department of Justice talked about such Internal Affairs delays. So all would say at this particular point and -- 'cause I got to be respectable -- respectful of the time -- is that we do need to know the facts; some of these things will work themselves out. But as far as Charles Mays is concerned, he's underpaid, overqualified, and just a wonderful person. City ofMiami Page 145 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Thankyou. Leroy Jones. This will be the last speaker. Leroy Jones: Hate being last, Commissioner; swear I hate being last. Man, I just want to say that I'm a person that believe in reform. I believe in reform. And having been one of the persons that when this whole CIP thing came about, having been a person being asked to be a part of that as one of two members of the Brothers of the Same Mind, I was -- how couldl say it? -- I was thrilled that the organization, that people in the community felt thatl could be a person that can play a part in helping bring the CIP intuition [sic]. And the other side, it saddens me to see and hear all the things that's taken place and have taken place as relates to the CIP. If you haven't watched the last three CIP meetings, watch them. It will break your heart to see that our community have to sit back and listen what's going on on that level with CIP members, with the counsel. It will break your heart. And to see how citizens -- two meetings ago or maybe three meetings ago, we had a complainant come here and had to sit two and a half hours to listen to the board go back and forth instead of deal with the issues at hand when people coming to bring a complaint to our community. It would sadden you, man. So I want to say this: I want to see reform as soon as possible. The CIP was created for two things, I believe. At the time when I was investing my long time into it andl was in it, two things I think the CIP was created. That's -- I'm talking about me, not -- as a coalition member, of course, we come here. I'm involved in it now, because it's personal, because I invested my time, and I'm very particular about making things personal. I try my very best not to make things that do and say personal. But this is personal to me, because our community is at stake here. People are being killed; people are being wrongly convicted; things are taking place that the CIP has a voice to say something. So when I come here and when I fought for this, of course, I fought because I want to see bad police officers dealt with. But also want to see good police officers exonerated. Those are the two reasons why Leroy Jones, as a member of the Brothers of the Same Mind, played a part in this, because I do want to see bad police officers prosecuted; they shouldn't be on the force. But I also know that we got some good police officers that sometimes accused of things that they haven't done, and they should be exonerated. We missing the whole point here. Let's deal with this situation. I'm going to tell you, the way I feel personally, I think if all the board members on the CIP stay on the CIP, we going to continue this back and forth, and it need some change. It need to be some change to board members, 'cause now, it's too much bitterness between the most of them. Some change have to take place soon. Thankyou. Chair Gort: Thankyou. As I stated before, this was the last speaker for this public hearing. Sir, come on up and go. Mr. Cruz: Listen, I showed you my name there. Al Crespo: Al Crespo. I missed most of this, andl don't want to speak about what happened here today, but I do want to raise a question: The CIP, two years ago, did an investigation and had a finding that Javier Ortiz and Edward Lugo had harassed and threatened individuals, you know, who they had -- who had been written up. A guy had gotten a ticket. And they were -- you know, they harassed him. I wrote a story about this. In fact, I wrote several stories about this. And I've never been able to find out -- and perhaps, since the Chief is here, maybe you can get the Chief to explain -- after the CIP found them in violation and sent a strongly worded letter to the Chief about this, what actually happened to that CIP report and the recommendation that they made to the Chief? 'Cause I've never been able to find out if anything ever happened. Thank you. Chair Gort: Thankyou. Mariano, you're recognized. That's it. We'll close the public hearing after this. Mr. Cruz: I know. City ofMiami Page 146 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Okay. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street in Miami. I am not an attorney. I'm not a lawyer. I'm not a barrister or counselor. I am, by trade, an electrical engineer. Also, I have a degree in entomology; certified pest control operator in different -- all the categories that give me a chance, but that's somethingI left years ago, because after I saw some of my buddies sick with (UNINTET,TIGIBT,F) produced by inhalation through the skin of the chemicals, I decide I'm not going to leave a rich widow; I'm leaving the business. But going back on time, like I say, remember in 1980, McDuffie riots; 1988, the Mercado problem; 1990-something, the Elian Gonzalez, and all of those things are the ones that brought the creation of the CIP, especially 57th and Flagler was the Elkin problem, and Commissioner -- I mean, Mayor Regalado now -- Commissioner Regalado at the time -- was there. Andl remember, because I was part of the creation of the CIP. Andl live in the City ofMiami since 1962. The only time I left Miami was when I was in the Army in the October crisis, October 1962 to '63, that's it. I volunteer in the U.S. Army. That's why I get service -- collect disability. Butl been in Miami, in the City of Miami, in Allapattah, and I have the wherewithal to live any place, because I have the money; the wherewithal to live any place, but I decide to stay in Miami, because that's the only way you going to solve the problem, by staying in your neighborhood. Many people, they get the money and they leave to Pembroke Pines, Coral Gables, Westchester, the whole thing. No, I stay there. And, you know, Willie live there, too. It's in my neighborhood, two or three blocks, used to come my hedge; not anymore, remember. No, but one other thing, also, remember all those things brought the problem. And you know what happen? It's bad. Even now police officers are being exonerating clean by the Dade County Attorney, and you know, the only way that they pay is violation of civil rights. It happen, it happen, and it's happening now. An officer was been just terminated on a misdemeanor burglary case, being terminated, but now, the City is having problems because the City's being sued, is (UNINTELLIGIBLE). We should go around and give the CIP more that all these cases doesn't have to go to the U.S. Attorney, because the last word is a violation of civil rights, which is a different code, because once you go -- Federal Court is completely different than State Court. There is no discovery rule, there is nothing there. There you are guilty. Chair Gort: Thank you. Mr. Cruz: Thank you. Chair Gort: Mr. Mays, you want to speak? Mr. Mays: Yes, thank you. Thank you so much. Mr. Chair, members of the Commission, thank you for the opportunity to address you. It's very difficult to do so for a couple of reasons -- well, more than two. Number one: The attack that has been leveled is so broad -based and, in many instances, of course, is laced with personal issues, if you will. Number two: I recognize and I acknowledge that I believe that the coalition and every person who has spoken here is, in fact, acting in good faith; I do believe that. That does not necessarily mean that I share their conclusions. Now, let me address some of the issues. And I'm glad that you raised the question, Commissioner Suarez, as to why I reached out so late. Two reasons: Number one, I didn't even know about a memorandum that they had written to you all until such time as someone suggested to me that I make a public records request, because the memorandum that was sent to you, to the Manager, and to everyone else in the world, for some reason, I imagine they ran out of ink and they could -- or they forgot how to spell my name, because I wasn't included. That's how I learned about this. That's why I did not reach out to anyone beforehand. And when I did start reading it, I was angry, because much of it, in addition to being misleading and inaccurate, in certain instances downright lies, much of it was as such that I said to myself `Do I want this? Do I want to deal with this kind foolishness and this kind of nonsense? Should I just walk away?" Andl saidI would, andI advised a few people who are close to me that, "Yes, I am going to walk away, " and I ignored their protests, and that's what I was going to do. And then it City ofMiami Page 147 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 came to me, "Why shouldl give them that which they want? Because I've worked hard to bring this organization and to protect and defend this organization. Should l just allow it to lapse into their hands when I know it will end up -- it will end up in the garbage can?" Now, how have we gone about protecting the CIP? Well, they claim that I have arrogated unto myself the authority as gatekeeper, if you will, and that I make the decisions as to what's going to be investigated and how that's going to be investigated. That's nonsense. When I came aboard with the CIP, the "biggy" at the time, the issue of the moment was the FTAA (Federal Trade Association of the Americas) and the complaints that had been filed then and the protests that had taken place and the issue was whether or not the police had overreacted. There was at that point in time a schism between the Police Department, which was under Chief Timoney, and certain very vociferous and vocal members of the CIP. Chief Timoney initially cooperated with the CIP and -- I wasn't there at the time, but I read the transcripts -- he appeared in front of the CIP; he allowed his senior staff members to appear in front of the CIP. But there were some vociferous members of the CIP who began to change, if you will, and began to, I guess, create in Chief Timoney's mind that "no, I'm not going to get a fair hearing here." The relationship, it turned acrimonious. I walked in in the middle of that, and it is at that point in time that we began, for the first time, investigating FTAA complaints. We had two public hearings under my leadership -- maybe "leadership" is the wrong word -- maybe "under my legal advice, " if you will, at least two public hearings were held. And we also produced and presented to the panel so-called expert witnesses. One of them was a college -- was a law professor at the University ofMiami, a constitutional law professor, and that law professor came up with some recommendations that instead of arresting people and taking them to jail, perhaps you can just issue them a ticket, which is something called a "will appear. " Well, at the time he made that statement, I wasn't necessarily familiar with that process and that concept, and in my own head, I said, "Naw, that's not going to work." Well, we come today to the year 2014, andl read a report that indicates that the City ofMiami is one of the leading cities in the State of Florida with this "will appear" concept, and what it does, it protects juveniles, et cetera, and young people from a criminal record. But moving forward, we, in the FTAA matters, issued an interim report and also a final report. Those reports came with praise from the community and from this Commission. Moving forward, there came a point in time when Chief Timoney, a man of good integrity, made a mistake by accepting a vehicle from a Lexus dealer just to drive around. The hearing cry came as to "What is the CIP doing about this matter?" Well, nothing we can do about it until such time as a written complaint is filed. And the reason a written complaint is needed is because that's what the law says. The ordinance says that the CIP may investigate after a written complaint is filed. Armando Aguilar of the FOP filed such complaint, and then as a result of that, an investigation ensued. There came a point in time when I invited Mr. Timoney to come and talk to the complaint committee and to explain his side of the story. He rebuffed that invitation. That was followed up with a subpoena to Mr. Timoney to not only to come and talk with us, but, by God, to bring certain records and documents relating to what we want to talk about. He appeared without an attorney, and then he told us that we had great hutzpah to even seek to question him, and he walked out. Panel members were angry, and then they turned their eye towards me and said, `Do something." I said `7 will, but let me plot through this." I filed a lawsuit in the form of what is known as a `Motion to Enforce" the subpoena againstMr. Timoney. Mr. Timoney was represented by a former member of the -- I mean, former president of the Florida Bar, one of the finest lawyers around and with a very powerful and influential law firm. We went to court, and they fought tooth and nails, but we also fought tooth and nails, and after some time, the trial judge ruled in our favor. Mr. Timoney then, of course, appealed to the Third District Court ofAppeal, again represented by an extremely powerful and extremely persuasive attorney with far more resources than we had. And by the way, at that point in time, we had a budget that we clearly don't have now. I defended our position, and the Third District Court ofAppeal ruled in our favor, so we had beaten the Chief on the issue as to whether or not we could continue to exist, because, let's face it, if we had lost at the trial level, if we had lost in front of the Third District Court ofAppeal, that would have been the death mill of the CIP; that's it. Now, another significant matter that we dealt with from the standpoint of furthering and protecting the interests of the CIP, but not doing so in a willy-nilly fashion, not doing so from the City ofMiami Page 148 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 standpoint of being an activist, not doing so from the standpoint of reacting, but from the standpoint of deliberating and thinking and plotting and strategizing, was in the case of Mr. Di Agostino. He, a lieutenant of police, challenged our subpoena, but he went beyond challenging our subpoena; he challenged the City ofMiami, itself. He declared in his lawsuit that the City of Miami had no authority, whatsoever, to create the Civilian Investigative Panel. He went on to say that the Civilian Investigative Panel and the ordinance creating it was in violation of State law, and the State law he referred to, of course, was the Police Officer Bill of Rights. That has been eluded to here earlier, but somewhat loosely, ifyou will. Andl know that Commissioner Sarnoff is well familiar with that area. They argued at the trial level that the Timoney case was incorrectly decided. They said that the ordinance creating the CIP was in contravention of Florida Statute 112.533(1) (a). I don't remember it that well, but it goes on to say -- Commissioner Suarez: That's pretty good. Mr. Mays: -- that when anybody or agency receives a complaint of police misconduct, within five days, within five days it must be forwarded to that officer's employment agency, i.e., the police department. Now, the court, the Fifth District Court ofAppeal in Orange County -- what Commissioner Sarnoff was referring to -- it bought that argument when it struck down an ordinance creating the Orange County Civilian Review Board. The ordinance is identical to ours. That's problematic. Ain't no "ifs, "ands" or "buts" about that. It said, the Fifth District, that the ordinance was in contravention of State law. That raised a whole 'nother can of worms as to how we're going to deal with this. We successfully argued in the Third District Court of -- I mean, in the trial court that we were right and that Timoney applied and it governed. And then when the losing side -- which wasn't us -- took an appeal to the Third District Court ofAppeal, we argued the same thing. Now the State -- the City Attorney's Office participated very capably in that litigation, but they allowed myself to act as lead counsel at the trial level and also at the appellate level. We won. We won in 2012. At least we won 2 to 1 when the Third District agreed with the position that we were asserting that the Fifth District Court ofAppeal was wrong and that there was no conflict between our ordinance and the ability of this Commission, under the Florida Home Rule Powers Act, as designated in the Florida Constitution and also under the State statute, that there was no conflict between the two because they were not incongruent; we were not dealing necessarily with the same thing, because the Police Officer Bill of Rights and what we argued and what two members of the court agreed on dealt with discipline, it dealt with dismissal, it dealt with demotions, and all those other sorts of things. These are issues I pointed out quite clearly and repeatedly that we don't deal with, so therefore, there is no conflict. Well, the case is not necessarily over, and the reason it's not over is because the losing side filed a motion for reconsideration, a motion for rehearing on bond -- that is by the full court -- and they also filed a motion for certification of conflict to the Florida Supreme Court based upon the Third District ruling one way and the Fifth District ruling the other and also on the basis of a question of great public importance. We wrote papers arguing against that, because we don't necessarily want it to reach the Florida Supreme Court. We have won, and we want to keep that win. Now, let's turn to some of the issues and how they affect the CIP. The coalition would like the CIP to issue a subpoena in each and every case. That would be cost prohibitive, and it makes absolutely no sense. But not only that, but it also affects our status in the litigation at hand, 'cause we don't at this time want -- andl didn't want to discuss this, butt feel like I'm compelled to do so. I don't want to issue a subpoena to a police officer at the present time, and that police officer challenge that subpoena, and then I end up in court at the trial level. And you got to keep in mind now, the trial judge makes up his or her own mind, because the only thing that is outstanding at present is the Third District in Timoney and the tentative win that we have won in Di Agostino. Do I want to see a trial judge issue an opinion that all of a sudden ends up in further litigation in front of the Third District Court ofAppeal? No. That would be stupid. But trying to explain that to people who are so committed to an agenda, if you will -- andl think they're acting in good faith nonetheless -- but trying to explain that to them in such a way as to say, "Look, there's a lot of strategy involved in this," that's talking to no one, and that is falling upon deaf ears. The issue -- I'll bring it to a conclusion, I know -- the issue with respect to doing City ofMiami Page 149 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 an investigation, first thing we have to do is stay out of the way of the State Attorney's Office; that's clear under the Charter and under the Code. Second thing we have to do, I tend to think, and the wise thing to do is to stay out of the way of Internal Affairs; let them do what they've got to do. I don't want to get involved and see the CIP or the City get involved in a needless fight with respect to the Police Officers Bill of Rights or anything else. Let Internal Affairs do what they've got to do, because I know at the conclusion of that investigation, they've got to present it to us. And under the current Chief and the gentleman that you have over there over Internal Affairs, there's been nothing but cooperative attitudes. Once their investigation is complete, it is provided to us, what do we have then? In addition to already having the State Attorney's files which -- the homicide investigation -- we also have every recorded statement that was taken. We've got the transcript -- or the transcripts available; we've got the crime scene photographs; we've got the investigator's notes. We've got everything that we need, if you will. If we review that material and if we conclude that we need something else, all we got to do is pick up the phone and call over there to George Wysong, or let the Chief know or the commander of IA, and we'll receive it. Ms. Dawson misquotes me when she says, `7 couldn't think of a single question." She's taking it out of context. She asked "Why didn't you talk to any witnesses?" Well, you don't just jump up and just do things just for the purpose of doing it; must have a purpose, must have an objective to it. If you have reviewed carefully and critically the material and you see nothing outstanding, if you see nothing omitted, if you see nothing that troubles you, if you will, if you see nothing that is un -- if there's nothing unanswered, then what is the purpose, what is the futility of just bringing in someone just for the purpose of doing so? They claim that -- andl know I'm going over my time, just -- I promise, I'll finish in 15 seconds. They claim that we used the wrong legal standard to evaluate cases. Well, the legal standard for evaluating excessive force case or a Fourth Amendment case is the Fourth Amendment. This is not what Charles Mays is saying. This is what the United States Supreme Court has said, not once, but twice: 1985, they said it in Tennessee versus Garner; 1989, they reaffirmed it in Graham versus Connor. And they say the question is one of objective reasonableness. You don't look in hindsight, but you look at the circumstances as they were unfolding at the time, and you ask the question whether or not the seizure was objectively reasonable. And if a seizure was indeed objectively reasonable, it doesn't violate the Constitution. Then you examine the City of Miami's departmental order governing use of force. If that use of force policy is congruent, if it's consistent with the United States Supreme Court precedent in other cases, then the policy itself is proper. Then you examine to see whether or not the officer acted in accordance with that policy. If the officer did, how can there be fault? Yet and still, the coalition would want you to find fault. We don't do inquisitions. I promise you -- I'll conclude it. Chair Gort: Thank you, sir. Mr. Mays: Thank you. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: The problem is -- well, I -- all of you have been able to take a break. I have not been able to take a break at all, so I'm going to take a two -minute break myself. Commissioner Suarez: Okay. Mr. Vice Chair, ifI may? Vice Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you. Look, I can see why Mr. Smith speaks so highly of you in terms of your abilities as a lawyer. You clearly know the law very well. You can recite the law in a very clear and articulate fashion, andl -- you know, and it's impressive, you know. I can't sit here and tell you that I'm not impressed by your recitation of State statutes, of Florida laws, of procedures, et cetera. But I think what's getting lost a little bit in the discussion, even though your presentation is very comprehensive and coherent, is several things. I think the first is City ofMiami Page 150 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 exercising the subpoena power. As you, yourself stated in your presentation, is the crux of what gives you -- or what gives the Civilian Investigative Panel authority. And failing to do that, I think to a certain extent, undermines your authority. So I understand the reasons that you've articulated in terms of the tactical and the timing issues related to other litigation or other outstanding litigation matters, but it's almost like you're telling the community, "We got to put our biggest tool on ice, you know, pending, you know, the resolution of these things which we don't control in some respects, and when there are very, very sensitive investigations." And, you know, one of the things that I think we've all focused on here today is big events. We've talked about big events. We've talked about events that had led to riots, major protests, et cetera. The shootings that occurred in 2010 in conjunction are a big event, andl think the issues that we're discussing here today relate to that series of events thatl consider one big event. And one reason thatl can think of -- andl'm not a litigating attorney, andl'm not a criminal attorney, whether it be defense or prosecutorial, so I think I'm at a little bit -- or I'm at a major disadvantage -- butl think I'm a thinking man. You know, one of the advantages to subpoenaing independently or duplicatively [sic] is when you take psychological tests, for example, a lot of times, they ask you the same question in six or seven different ways to test whether you're being truthful. So, you know, the fact that a witness will answer a series of questions in one form -- in one instance doesn't mean that they will answer the same or a -- or the same kind of question asked a different way in a different forum, and that could go to the witness' credibility and that could go to, you know, whether the person that's being examined is being truthful. Andl think that kind of goes to the crux of what their concern is, which is when you engage in your own independent investigation, there are things that can be uncovered that can be conflicting with prior investigations. And so, I mean, that's the way it was articulated to me. Andl think the other concern that you didn't really address in your presentation was the time lapse between investigations having concluded and, you know, when the CIP clock starts to run, for lack of a better phraseology, and the statutorily mandated time frame to conclude them or to have no action taken. Andl think that is a major concern that's been expressed by the community in the form of Mr. McNeil's mother and the members of the coalition. And, you know, so it's clear to me, Mr. Mays, that you are a very good lawyer; that you have done, you know, yeoman's work for this committee since you arrived, but I'm not sure where the disconnect is here; you know what mean? But there's certainly a disconnect, andl don't know if it's why you both who are people of good faith, who are people of good will are talking past each other. That's the part thatl have a hard time understanding, because I understand their concerns, and their concerns are simple, they're clear, and they're verifiable, and, you know, even though I think your presentation is, like I said, very, very deep, very comprehensive in terms of your knowledge base and your history, there's a disconnect right now. Mr. Mays: May I respond, sir? May I respond? Chair Gort: Look -- Mr. Mays: It'll only take, I promise you, 120 seconds. Chair Gort: We still have certain items that we have to list. We have to make a decision still in here that we have to do, and we could be arguing this all afternoon. Commissioner Suarez: And we can talk about it all night, 'cause I don't know that anything is going to happen here at this particular moment, you know, and we didn't get a chance to speak, andl know you did reach out to my office kind of at the last -- Chair Gort: The one thing 1 learned -- and I don't want to pick on attorneys, but one statement's made by one attorney. There's an opposite statement and they don't -- they want to continue to argue about the statements. So you -- Vice Chair Hardemon: Thank you very much, Mr. Chairman. I would like to first echo the City ofMiami Page 151 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 comments of my brethren in response to how well you articulate the issues in law, and -- but of course, with issues in law, there are issues in fact sometimes that we have to consider when we're making our legal decisions. And one of the things that you said that was particularly troubling to me was it is cost prohibitive -- Commissioner Suarez: Right. Vice Chair Hardemon: -- to issue the subpoenas. Commissioner Suarez: Right. Vice Chair Hardemon: I think that that statement, taken in and of itself, is a -- is difficult to swallow from the community's perspective, because we know that it cost money to issue a subpoena and to have someone respond, to have a reporter there to record the statements, et cetera, et cetera. But could never imagine saying to the Public Defender, as he asks me the question, "Mr. Hardemon, why didn't you subpoena the officers who were involved in the shooting?" andl say to him, "Well, Mr. Public Defender, as you know, the Public Defender's Office is -- you -- has dire financial restraints, andl believed that it was cost -prohibitive for us to do so, so in lieu of keeping us within budget, I didn't issue the subpoena." I think -- no, let me just say that. So however, I do think that it is a matter of legal strategies to know when to issue a subpoena, because not everyone needs to be subpoenaed, true; depending on who's paying you. But in this situation, what -- the one thing about the subpoena power that is codified is that this -- it says that "The CIP may subpoena witnesses and documents when conducting an independent investigation of allegations of police misconduct as follows. " And the word "independent" to me means something, because what it says is that, "Yes, you are the sole decider if there -- a subpoena will not be sent out." That is true; true statement. You decide that it is not to be sent out. However, if you decide that it should be sent, you must go to the CIP for confirmation of that. Now, the independent investigation part -- is the part that we hinge on, because the question then becomes, "Is your review of the files that are sent to you, is that considered an independent investigation or is it considered to be merely a review of a investigation that was done and packaged to you for your -- to be considered?" And that's part of where we are. I don't -- if you issued it or if you did not issue it is not my issue before this body today. What I'm concerned about is that I know that my City Attorney is being asked to fire you. That is the real discussion that we're having right now. Andl don't personally believe -- I don't know how the other Commissioners believe -- that my City Attorney has enough facts to decide that matter. And that is why I believe in part of what Commissioner Sarnoff was saying about having a small body of people to just look into whether or not -- and the way that I wrote it down was the director -- andl would be willing to make this motion -- I know there's a motion on the floor right now, so I don't want to confuse the issues -- but to direct the City Attorney to consider the report of the independent committee to review the performance that you have had over that designated time to determine whether or not there was a malfeasance or a nonfeasance of your job duties. I think as an attorney, you could appreciate someone giving a report about that. And based on that information, where everyone would have an opportunity to speak, then Madam Attorney would have the best information to make her decision about who needs to be or does not need to be independent counsel. I think that that would be fair for all of us, and definitely fair, especially to the City Attorney when she's making a decision that's so important to all of us in this community. Thank you. Mr. Mays: I would welcome that. I wish instead of saying "cost -prohibitive," I would have used the words that you used, but I think we're essentially saying the same thing, which is you don't just issue a subpoena just for the purpose of issuing a subpoena. And with respect to the issue of time constraints, the time constraints issue operate in this manner: Clearly, once the Internal Affairs present matters to us, we either got a 30-day window or a 120-day window and -- Chair Gort: Let me be clear. I don't think we're going to get to understand the whole thing here. City ofMiami Page 152 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 I believe there's two motions going to be taking place. I don't think there's going to be a decision that we're going to make here today. I think the decision that we're going to make is we want to make sure we're fair to everyone; we heard opinion from everybody; have a panel to look into all the issues that have been stated here. And a decision will have to go to the Commissioners; it will have to go to the attorneys, and it will have to come back to us. So -- because we can -- come on. You're an excellent attorney. We have three attorneys here and we could be arguing all night. We still have two more items before we break for lunch so -- Commissioner Carollo: Mr. -- Mr. Mays: I agree, it reminds me of -- Chair Gort: Everybody will get the chance, I can assure you that. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. Andl appreciate everyone coming here and, you know, the time of my colleagues, I know that we've taken quite a long time in this one item, but it's also the importance of this item. Like I mentioned before, over 76 percent of the electorate of the City ofMiami voted for this item. With that said, I think we have a motion on the floor. I'm going to respectfully ask that we call the question; however, at the same time, I'm listening to my colleague, Commissioner Hardemon, andl will welcome you to make that motion. I will second it with a friendly amendment, because -- andl would like to maybe have some discussion on who this task force should be, how many members and so forth, but will make some friendly amendments, because I do think that if we are going to create this task force, there should be some added duties. I would like for them to see as far as the timeliness factor, because there are reasons why maybe the timeliness factor hasn't happened or not, but I would like for them to look at that. I know sometimes maybe the State Attorney Office or Internal Affairs takes certain amount of time, and it goes into their timing; I'm not sure, but the bottom line is I would like for them to look into that and also the independence, to see exactly how we make this a truly independent board. But with that said, Mr. Chairman, I respectfully request that we call the question on the floor. Chair Gort: Wait a minute. There is two -- there was a motion that was presented before. Commissioner Carollo: There's only one motion. ToddB. Hannon (City Clerk): Correct. Vice Chair Hardemon: Right. Can you clam, Mr. City Clerk, what the motion on the floor is? Mr. Hannon: Yes, sir. And Commissioner Sarnoff, I'll do my best. I have it as a motion for the CIP's nominating committee to meet in accordance with Section 11.5-28 of the Miami City Code so that nominations to the panel can be brought forth to the City Commission for appointment. Commissioner Sarnoff. That was good. Commissioner Carollo: Andl just want to add to it -- not add to the motion, but pretty much so there's clam on the intentions of this Commission. Andl don't want to put words in anyone's mouth, but at the same time, I want to make sure that the intention of this Commission is solid; that if this is not done in a quick manner -- andl would say by June -- this Commission then is going to be seeking the City Attorney to draft language for us to take a vote and be able to then nominate the board members to be able to move forward. And again, I don't want to put words City ofMiami Page 153 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 into anyone's mouth, but I want to make sure that my Commissioners or my colleagues here are solid that this is the message that we're sending out. Chair Gort: Thank you. I believe you want to amend the -- Commissioner Carollo: Do a second. Vice Chair Hardemon: Well, if the motion was called, there's no amendment at this point. I just want to be clear so all of us understand what's happening, because, Madam City Attorney, we do not have the power to force the -- Commissioner Carollo: Right. Vice Chair Hardemon: -- CIP nominating committee -- Commissioner Carollo: Right. Vice Chair Hardemon: -- to convene. Commissioner Carollo: Correction -- Vice Chair Hardemon: The Chairman can convene. So this is merely an expression of our resolve about how we feel we should move forward; is that correct? Ms. Mendez: Yes, but with the resolve that if they don't meet -- they've already been told that I'm bringing forth legislation for this Commission to consider, because we just can't have these stalemates so. Vice Chair Hardemon: Right. So when you -- but what I want to avoid is us putting them under some type of duress in making this -- Ms. Mendez: No, no, I -- it's no duress. It's obviously that you're, you know, aspirationally, you know, wanting them to meet and -- Vice Chair Hardemon: So I would not want to amend any motion on that. We can decide that -- Commissioner Carollo: Right. Vice Chair Hardemon: -- and then bring another motion. Commissioner Carollo: Exactly. Chair Gort: Okay. Commissioner Carollo: That's exactly what want. Vice Chair Hardemon: So. Chair Gort: Any discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Commissioner Carollo: Now make a second motion, Commissioner Hardemon. Chair Gort: Now, in going into that, we got to make sure -- we have a responsibility. As City ofMiami Page 154 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner, my understanding is it was approved that we recommend individuals to be sent to the nominating committee, and they will look at them, they will look at their resumes, and then they're the one that will make the recommendation. I have my two in there. I have one that has already been committed, but needs to be -- my understanding is they have to reappoint it every "X" amount of years. So I have two in there; one has to be reappointed and the other one has to be reconsidered, a new appointment. Got to make sure that each one of you send the recommendation that you have to the CIP Board. Okay? Go ahead; second motion. Commissioner Carollo: Commissioner Hardemon. Vice Chair Hardemon: So I move that we form a independent committee consisting of four members? CommissionerSarnoff. (UNINTET,TIGIBT,F) do I. Commissioner Carollo: (UNINTELLIGIBLE) you would need -- Commissioner Sarnoff. I would do five. Vice Chair Hardemon: Five? Commissioner Carollo: (UNINTELLIGIBLE) or three. Vice Chair Hardemon: (UNINTELLIGIBLE), that's fine, that's fine. So I move that we create an independent committee consisting offive members who will investigate the malfeasance and nonfeasance -- the potential malfeasance or nonfeasance -- and/or nonfeasance of the job duties that the independent counsel has had over the past few years. Commissioner Sarnoff. Can I make --? Mr. Smith: Mr. Commissioner -- Vice Chair Hardemon: You want to add more to it? 'Cause I'm trying to figure out the language. Chair Gort: Excuse me. Mr. Smith: Mr. Commissioner. Vice Chair Hardemon: Yes, sir. Mr. Smith: May I suggest you use the word "whether, " as we lawyers do, as opposed to -- Vice Chair Hardemon: Andl haven't written. Mr. Smith: Okay. Vice Chair Hardemon: Andl apologize. So let's get this more in order. So we want to make sure that, one, we have an independent committee consisting offive members to investigate whether there was any malfeasance or non -- malfeasance and/or nonfeasance of the job responsibilities of the independent counsel in the time period that he has been there. Ms. Mendez: Appointed by who? Vice Chair Hardemon: Right. And those -- City ofMiami Page 155 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Commissioner Carollo: Let's take it one step at a time. He'll get there. Vice Chair Hardemon: So are we -- first of all, so just where we are with that. And I'm -- as a matter of fact, I don't have to make the motion just yet. We can discuss the motion, so that part of it -- that's where I am. Now, as far as the appointing of the people on the committee -- Commissioner Sarnoff. Can I describe what -- Vice Chair Hardemon: Okay. Commissioner Sarnoff. -- probably would make sense? Let me just try it -- Vice Chair Hardemon: Okay. Commissioner Sarnoff. -- and then you can -- 'cause you know who I'm going to nominate so. How you got him for Ultra, I'll never figure that out, but that's okay. There should be, I think, three attorneys; one who specializes in criminal law; one that should be a civil attorney. I think the Chief of Police should have a nominee on this committee, and there should be just a regular civilian. Vice Chair Hardemon: So the three attorneys are one criminal, one civil, and what else? Commissioner Sarnoff. I think the Chief of Police should put somebody on this committee. Unidentified Speaker: Oh, so you're saying five. Vice Chair Hardemon: Three attorneys and then two -- I mean three attorneys and then two -- Commissioner Sarnoff. A designee from the Chief of Police. Vice Chair Hardemon: Right. Commissioner Sarnoff. And then a person we would nominate; doesn't have to have any qualifications. Ms. Mendez: The civil attorney, it would be civil rights? Commissioner Sarnoff. No, civil. Ms. Mendez: Just civil? Commissioner Sarnoff. Yeah. Vice Chair Hardemon: Okay, three attorneys; one should be -- Commissioner Sarnoff. I know it's hard to find a civil attorney. You don't want anything to do with this? Vice Chair Hardemon: So now we -- Manuel Orosa: I just -- I'm sorry. Chief Manny Orosa, Miami Police Department. I just don't feel comfortable appointing somebody to a board that can be investigating us, so I don't feel that it's appropriate for us to get involved in anything. Commissioner Suarez: Mr. Chair, ifI may? City ofMiami Page 156 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 Chair Gort: Yes, Commissioner Suarez, you're recognized. Commissioner Suarez: Look, I don't think any Commissioner here envies being in this position. This came to us almost by default or because there was no other forum to do this. I think the best -- I mean, I trust every Commissioner here, and we've done this in the past on several occasions. Maybe the easiest way to do it is for each Commissioner to designate one person, you know, of their choosing. You know, I'm sure that we're going to choose someone that has the requisite qualifications to pass to -- you know, conduct the investigation andl -- for lack of a better word, pass judgment on some of these issues. But if we start saying three, then who gets to pick the three? And then, you know, the Police Chief doesn't feel comfortable, and you know, I think it's the cleanest, simplest way. This has come to us through no fault of our own, really, and we've been, you know, required to get involved, and think we're getting involved, and we're doing the right thing, so I -- just to keep it simple, I think that makes the most sense. I don't know how you guys feel. Vice Chair Hardemon: I think that's fair, so I can -- we have -- like I said, there's no motion on the floor just yet, because we're still trying to draft it, but five people; we'll each appoint each one. I think that's fine, in my opinion. Also, as far as the time period that we will want a report back from them, what do you think is reasonable? Is -- 90 days sounds like a long time, but I think that's reasonable for this type of work, because they're going to have to get information, review information. They do have jobs; they have other responsibilities, so I believe 90 days would be fair for a report to be back for the City Attorney and for the Commission to review. Commissioner Suarez: That's fine with me. Andl think we should try to nominate someone between now and the next Commission meeting. I mean, I think -- 'cause that's the other issue; they need to get started right away. Chair Gort: (UNINTELLIGIBLE). Commissioner Suarez: Yeah, I can -- I have a name. I just have to confirm with the person that they're willing to do it. Vice Chair Hardemon: Right. Chair Gort: (UNINTELLIGIBLE). Ms. Mendez: Remember that August is off so depending on your time period, if you're saying 90 days, it might hit into August, the month of August, for you to listen if it's reporting back. I don't know. Is it a report that's going to go directly to me and you don't have to deal with it or is it --? Chair Gort: Yes. Ms. Mendez: So. Vice Chair Hardemon: So 60 days will then be more reasonable. Chair Gort: Sixty days is fine. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Andl want to make sure, like I mentioned before, that the timeliness of the cases is also looked at to see if the cases are being looked at in a timeliness [sic] -- you know, appropriate timeliness base, and if not, why? How could -- it could be remedied? And City ofMiami Page 157 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 D3.2 14-00439 10:30 A.M. D4.1 14-00277 also, with regards to independence with the executive director and, possibly, even the independent counsel. Vice Chair Hardemon: Okay. Commissioner Carollo: (UNINTELLIGIBLE) add those two factors. Vice Chair Hardemon: Mr. Chairman, I think I'm ready to create the motion now. Chair Gort: Go ahead. Vice Chair Hardemon: I move that we create an independent committee to review whether there was any malfeasance and/or nonfeasance of the job duties of the independent counsel of the Civilian Investigative Panel; and to also include within those duties to review the timeliness issue and render an opinion about whether or not the past investigations or lack of investigations were not timely addressed; and also to review the independence of the organization; and that the City Commission appoints five members to this committee, one from each Commissioner's district; and that report should be generated and before this Commission and City Attorney within 60 days. Commissioner Carollo: Second, but -- Chair Gort: It's been moved and second. Commissioner Carollo: -- with a friendly amendment. I just want to make sure that if there hasn't been a timeliness -- if there has been a timeliness issue, that they also come back with recommendations on what can be done so the cases are held -- are heard in a timeliness manner. Vice Chair Hardemon: I'll accept that. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. Chair Gort: Thank you all for being here. We'll continue to work on this. We all believe it's very important; that's why we spent so much time on this. DISCUSSION ITEM DISCUSSION REGARDING CITY -OWNED PROPERTY. 14-00439 E-Mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM City ofMiami Page 158 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 D4.2 14-00426 NA.1 14-00462 District 2- Commissioner Marc David Sarnoff DISCUSSION REGARDING SELECTION OF NEXT POLICE CHIEF. 14-00277 E-mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING PARK FEES. 14-00426 E-Mail - Discussion Item.pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 VICE CHAIR KEON HARDEMON END OF DISTRICT 5 NON AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN SECTIONS 54-341(C) (2) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY THE RESTRICTION THAT ONLY ONE (1) EVENT PER MONTH MAY INVOLVE STREET CLOSURES AND THE RESTRICTION ON TWO (2) EVENTS TAKING PLACE ON SUCCESSIVE WEEKENDS, FOR EVENTS OCCURRING IN THE "COCONUT GROVE SPECIAL EVENTS DISTRICT', TO ALLOW FOR THE RUN FOR RELIEF 5K TO TAKE PLACE ON MAY 18, 2014. Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-14-0194 Chair Gort: Anything else? ToddB. Hannon (City Clerk): Can you give us one minute, sir? Chair Gort: Yes. You have a pocket item? Mr. Hannon: Yes (UNINTELLIGIBLE) point. Chair Gort: Right, right. City ofMiami Page 159 Printed on 6/5/2014 City Commission Meeting Minutes May 8, 2014 ADJOURNMENT Unidentified Speaker: It pays to stay for the full (UNINTELLIGIBLE). Mr. Hannon: We do have a pocket item from District 2, Commissioner Sarnoff. Commissioner Sarnoff. I need a waiver -- oh, they would give me the short version. A resolution of the City ofMiami waiving, pursuant to Section 15-341(e) [sic], restrictions contained in Sections 54-341(c) (2) and (3) of the Code of the City ofMiami, Florida, as amended, more particularly the restriction that only one event per month may involve street closures and the restriction on two events taking place on successive weekends, for events occurring in the Coconut Grove Special Events District, 'to allow for the run for the 5k race to take place on May 18, 2014. That is my motion, Mr. Chair. Chair Gort: Okay, there's a motion. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying iiye. " The Commission (Collectively): Aye. Commissioner Sarnoff. Thank you, Mr. Chair. The meeting adjourned at 7:13 p.m. City ofMiami Page 160 Printed on 6/5/2014