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HomeMy WebLinkAboutCC 2015-12-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com iNCl9P-qua IP AO Meeting Minutes Thursday, December 10, 2015 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Dort, Chair Keon Hardemon, Vice Chair Ken Russell, 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 December 10, 2015 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS AM - APPROVING MINUTES MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES BU - BUDGET DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) 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 of Miami Page 2 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE ORDER OF THE DAY Present: Chair Gort, Commissioner Russell, Commissioner Carollo, Commissioner Suarez and Vice Chair Hardemon On the loth day of December 2015, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Gort at 9:05 a.m., recessed at 12: 05 p.m., reconvened at 3:24 p.m., recessed at 3:25 p.m., reconvened at 4:21 p.m. and adjourned at 7:04 p.m. Note for the Record: Commissioner Suarez entered the Commission chamber at 9:16 a.m., Vice Chair Hardemon entered the Commission chamber at 9:23 a.m., and Commissioner Carollo entered the Commission chamber at 9:37 a.m. ALSO PRESENT: Victoria Mendez, City Attorney Daniel J. Alfonso, City Manager Todd B. Hannon, City Clerk Chair Gort: (INAUDIBLE) please stand, and we'll begin with a prayer and the -- by myself, the pledge of allegiance by Commissioner Russell. Invocation and pledge of allegiance delivered. Chair Gort: Thank you. Chair Gort: Mr. Attorney, could you go over -- Barnaby Min (Deputy City Attorney): Yes, sir. Chair Gort: -- the procedures? Mr. Min: Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosure required by the City Code in writing. A copy of this Code section 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 www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission City of Miami Page 3 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 o'clock p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note that Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred or substituted. Thank you. Chair Gort: Thank you, sir. Mr. Manager, you're recognized. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Commissioners, good morning. We have items PH.2, RE.11 -- Commissioner Suarez: Hold on, hold on, hold on, hold on. Mr. Alfonso: -- RE.14. Commissioner Suarez: Hold on, hold on, hold on, hold on. Mr. Alfonso: DI (Discussion) -- Commissioner Suarez: Can you repeat the last one again? Mr. Alfonso: Yes, Commissioner. PH.2 -- Commissioner Suarez: Right. Mr. Alfonso: -- RE. 11 -- Commissioner Suarez: Right. Mr. Alfonso: -- RE.14 -- Commissioner Suarez: Which one's RE.14? Commissioner Carollo: Soccer stadium. Commissioner Suarez: Oh, okay. You're withdrawing that one? Mr. Alfonso: Yes, sir. Commissioner Suarez: Okay; just wondering. Mr. Alfonso: And DI.1. Those items are being withdrawn. We're also requesting to defer to January 28, PH 3 and PH 4; and FR.4 to be deferred to January 14. Commissioner Suarez: FR.4. Chair Gort: Okay. Commissioner Suarez: So moved. Chair Gort: Is there a motion? City of Miami Page 4 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: Yeah. Commissioner Carollo: Second. Commissioner Suarez: Yeah, I moved it. Chair Gort: Moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Alfonso: Mr. Attorney, if I may? I know it's later today, but to inform anybody who may not want to stick around all day, later this afternoon, items PZ.1, PZ.11, and PZ.12 will be asked to be continued. Just for your information. Chair Gort: PZ.1 and 2. Mr. Alfonso: PZ.1, 11, and 12. Chair Gort: We have to do it at 12 o'clock. City of Miami Page 5 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 PRESENTATIONS AND PROCLAMATIONS PR.1 15-01586 PRESENTATION Honoree Presenter Protocol Item Valerie Abel Mario Nunez Safe Driver Louis Celestin Certificate Aurelus Dorvil Marvin Fanus Yovanni Frias Tennille Johnson Caito Pierre Juan Quesada Carlos Rivera Glenda Troutman Mayor Regalado & City Manager 15-01586 Protocol Item.pdf PRESENTED AmeriGroup Check Presentation Mayor Regalado presented the City of Miami Police Department Training Recruitment and Selection Unit with a commendation certificate for their outstanding professionalism and efforts in processing 2,653 applicants for both sworn and civilian positions. Mayor Regalado presented the City of Miami Police Department Training and Personnel Development Section with a commendation certificate for their notable professionalism in their recruitment efforts and training initiatives including the introduction of Active Shooter Training Sessions for 156 firefighters who will be trained to respond with police in firearm contingencies and have also conducted 10 Police Academy classes. City Manager Alfonso presented Service Awards to City of Miami Employees for their 25 and 30 years of service milestone, commending them for their dedication and commitment to the City of Miami; furthermore thanking them for their hard work and dedication as City Employees. Mayor Regalado and Commissioner Suarez presented a proclamation to Brigadier General Nitzan Nuriel for his committment and dedication to combating international terrorism, thus fostering the cause of peace and freedom throughout the world. Chair Gort: At this time, we have some presentations. Mr. Mayor. Presentations made. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 6 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Motion by Commissioner Suarez, seconded by Commissioner Carollo, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon MAYORAL VETOES END OF APPROVING MINUTES Chair Gort: We have a time certain item, RE.10, Commissioner Suarez and Mayor Regalado. Commissioner Suarez: Do you want to do the minutes? Did we do the minutes? Mr. Chair, can we do the minutes real quick, Planning & Zoning minutes of October --? Chair Gort: We'll do the minutes. Are you ready to make the motion? Commissioner Suarez: So moved. Chair Gort: It's been moved by Commissioner Suarez. Is there a second? 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 liye. " The Commission (Collectively): Aye. NO MAYORAL VETOES Chair Gort: Mr. Manager, we -- Mr. Clerk, do we have any veto from -- Mayor's vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Gort: Thank you. CONSENT AGENDA CA.1 RESOLUTION 15-01481 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT FOR FISCAL YEAR 2015-2016 ENTITLED "RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM, PROJECT NO. RCM2016-019", AND ACCEPTING AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT NOT TO EXCEED $194,000.00, CONSISTING OF GRANT FUNDS FROM THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEP") FOR THE IMPLEMENTATION, MANAGEMENT, COORDINATION AND FACILITATION OF ALL ASPECTS RELATED TO WIND MITIGATION RETROFIT IMPROVEMENT PROJECTS, AS APPROVED, FOR THE DEPARTMENT OF FIRE -RESCUE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE STATE -FUNDED GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE DEP, AND TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, City of Miami Pagel Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 TO IMPLEMENT THE ACCEPTANCE OF SAID FUNDS. 15-01481 Summary Form.pdf 15-01481 Fund Title.pdf 15-01481 Legislation.pdf 15-01481 Exhibit - Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0514 CA.2 RESOLUTION 15-01515 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH General Services ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE CODE OF Administration THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING TEN (10) FORD CROWN VICTORIA POLICE INTERCEPTORS, RANGING IN MODEL YEAR FROM 2003 to 2008, AND THREE (3) FORD TAURUS SEDANS, RANGING IN MODEL YEAR FROM 2005 to 2007, AS DESCRIBED IN "ATTACHMENTA", ATTACHED AND INCORPORATED, AS CATEGORY "A" SURPLUS STOCK; AND DONATING SAID VEHICLES TO THE CITY OF SWEETWATER, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 15-01515 Summary Form.pdf 15-01515 Letter - Sweetwater Chief of Police.pdf 15-01515 Back -Up from Law Dept.pdf 15-01515 Legislation.pdf 15-01515 Attachment A.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0515 CA.3 RESOLUTION 15-01407 Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2015/2016 HOMELESS HOTEL/MOTEL, FEEDING COORDINATION AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") AGREEMENT", AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $499,626.00, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR AN ADDITIONAL TWELVE (12) MONTH PERIOD, TO PROVIDE HOTEL/MOTEL ACCOMMODATIONS TO HOMELESS FAMILIES, STAFFING FOR HMIS AND FEEDING PROGRAM COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUBSEQUENT AMENDMENTS, AS NEEDED, City of Miami Page 8 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 TO THE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 15-01407 Summary Form.pdf 15-01407 Legislation.pdf 15-01407 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0516 CA.4 RESOLUTION 15-01373 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Procurement RECEIVED SEPTEMBER 21, 2015, PURSUANT TO INVITATION FOR BID NO. 501332, FROM SUBURBAN PROPANE, LIMITED PARTNERSHIP, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, TO SUPPLY LIQUID PETROLEUM GAS, ON A CITYWIDE, AS NEEDED, CONTRACTUAL BASIS, FORA PERIOD OF FOUR (4) YEARS, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING ADDITIONAL SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. 15-01373 Summary Form.pdf 15-01373 Memo - Manager's Approval.pdf 15-01373 Bid Tabulation.pdf 15-01373 Invitation For Bid.pdf 15-01373 Bid Response.pdf 15-01373 Corporate Detail.pdf 15-01373 Back -Up from Law Dept.pdf 15-01373 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0517 CA.5 RESOLUTION 15-01442 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID Works RECEIVED OCTOBER 13, 2015, PURSUANT TO INVITATION FOR BID NO. 513380, FROM FERGUSON ENTERPRISES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE CAST IRON MANHOLE COVERS, TOPS AND TREE GRATES FOR AN INITIAL CONTRACT PERIOD OF FOUR (4) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING City of Miami Page 9 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE END USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 15-01442 Summary Form.pdf 15-01442 Bid Tabulation.pdf 15-01442 Award Sheet.pdf 15-01442 Invitation For Bid.pdf 15-01442 Corporate Detail.pdf 15-01442 Back -Up from Law Dept.pdf 15-01442 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0518 CA.6 RESOLUTION 15-01461 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CITY Community and OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC Economic DEVELOPMENT'S AFFORDABLE HOUSING INCENTIVE STRATEGIES AS Development RECOMMENDED BY THE HOUSING AND COMMERCIAL LOAN COMMITTEE AND AS REQUIRED BY SECTION 420.9076, FLORIDA STATUTES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID AFFORDABLE HOUSING INCENTIVE STRATEGIES. 15-01461 Summary Form.pdf 15-01461 Pre-Legislation.pdf 15-01461 Back -Up from Law Dept.pdf 15-01461 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0519 CA.7 RESOLUTION 15-01536 District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Commissioner TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, Francis Suarez FLORIDA, AS AMENDED, THE TWO (2) TEMPORARY EVENT PER PROPERTY PER YEAR LIMITATION TO ALLOW THE BOYS AND GIRLS CLUB OF MIAMI-DADE, INC. TO SELL FIREWORKS AT THE PROPERTY LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, BEGINNING DECEMBER 27, 2015 AND ENDING DECEMBER 31, 2015. 15-01536 Back -Up from Law Dept.pdf 15-01536 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 10 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0520 CA.8 RESOLUTION 15-01531 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI RUNOFF ELECTION HELD ON NOVEMBER 17, 2015, FOR THE ELECTION OF THE COMMISSIONER OF DISTRICT 2. 15-01531 Memo - Office of the City Clerk.pdf 15-01531 Unofficial Election Results.pdf 15-01531 Official Election Results.pdf 15-01531 Post Election Audit Results.pdf 15-01531 Legislation.pdf 15-01531 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0521 CA.9 RESOLUTION 15-01401 City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORI DA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. 15-01401 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0522 CA.10 RESOLUTION 15-01565 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS FOR THE ENGAGEMENT OF ALEXIS GONZALEZ, P.A. TO REPRESENT CITY EMPLOYEE DONALD LUTTON IN ACASE STYLED LEWIS MAHONEY VS. THE CITY OF MIAMI AND DONALD LUTTON, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 15-23839-CIV-COOKE/TORRES; ALLOCATING FUNDS FROM NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.531010.0000.00000. City of Miami Pagr 11 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 15-01565 Memo - Office of the City Attorney.pdf 15-01565 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0523 CA.11 RESOLUTION 15-01490 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT AWARD FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD D/B/A CAREER SOURCE SOUTH FLORI DA ("SFWIB"), IN A TOTAL AMOUNT NOT TO EXCEED $150,000.00 ("GRANT"), TO IMPLEMENT THE CAREER SOURCE SOUTH FLORIDA EMPLOY MIAMI-DADE INITIATIVE FROM AUGUST 20, 2015 THROUGH JUNE 30, 2016 ("INITIATIVE"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "CAREER SOURCE SOUTH FLORIDA EMPLOY MIAMI-DADE", TO ACCEPT AND APPROPRIATE THE GRANT IN AN AMOUNT NOT TO EXCEED $150,000.00; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COST REIMBURSEMENT GRANT AGREEMENT ("AGREEMENT") WITH SFWIB, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, AND ANY RELATED AGREEMENTS, AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF, AND COMPLIANCE WITH, SAID GRANT. 15-01490 Summary Form.pdf 15-01490 Letter - CareerSource South Florida.pdf 15-01490 Legislation.pdf 15-01490 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0524 CA.12 RESOLUTION 15-01558 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, Community and AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A Economic PROPERTY ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY Development ATTORNEY, WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS ("VETERANS ADMINISTRATION") GRANTING TO THE VETERANS ADMINISTRATION TEMPORARY ACCESS RIGHTS TO CERTAIN CITY OF MIAMI ("CITY") OWNED REAL PROPERTIES LOCATED AT APPROXIMATELY 1765 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, AS SET FORTH IN COMPOSITE EXHIBIT "A", FOR THE PURPOSE OF PERFORMING City of Miami Page 12 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 NECESSARY DUE DILIGENCE ACTIVITIES ON THE PROPERTIES WITHOUT ANY FEES, COSTS, OR EXPENSES TO THE CITY. 15-01558 Summary Form.pdf 15-01558 Legislation.pdf 15-01558 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0525 CA.13 RESOLUTION 15-01578 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JORGE LOPEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $330,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT NO. 50001.301001.524000.0000.00000. 15-01578 Memo - Office of the City Attorney.pdf 15-01578 Memo - Budget Sign-Off.pdf 15-01578 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0526 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Carollo, 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, Russell, Carollo, Suarez and Hardemon END OF CONSENT AGENDA Chair Gort: Okay, the -- anyone in the -- like to pull any item in the consent agenda? Commissioner Suarez: So moved, with discussion. Chair Gort: Okay, it's been moved by Commissioner Suarez for discussion. Is there a second? Is there a second? City of Miami Page 13 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Commissioner Suarez, you're recognized. Commissioner Suarez: I just want to welcome our new Commissioner, because one of them is the election results, so you know, I know we've clone it in a variety of different context in his swearing -in ceremony and in a variety of other events that we've been to, but officially, I'd like to welcome him to our Commission and wish him well. Commissioner Russell: Thank you. Chair Gort: Thank you. Applause. Chair Gort: Discussion on -- Commissioner Suarez: That's it. Chair Gort: -- consent agenda. None? All in favor, state it by saying aye." The Commission (Collectively): Aye. PUBLIC HEARING PH.1 RESOLUTION 15-01356 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES APPROVING THE PURCHASE OF FIVE (5) WEATHERBUG CAMERA SYSTEMS, ACCESSORIES AND RELATED EQUIPMENT, FROM EARTH NETWORKS, INC., D/B/A WEATHERBUG, FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A PURCHASE AMOUNT OF $46,250.00; ALLOCATING FUNDS FROM THE FIRE -RESCUE DEPARTMENT'S URBAN AREA SECURITY INITIATIVE GRANT, ACCOUNT CODE NO. 11100.189000.664000.0000.00000, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR FUTURE PURCHASES OF THE WEATHERBUG CAMERA SYSTEM, INCLUDING REPLACEMENTS, IMPROVEMENTS AND INTEGRAL EQUIPMENT AS LONG AS IT REMAINS A SOLE SOURCE AS DETERMINED BY THE CHIEF PROCUREMENT OFFICER. City of Miami Page 14 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 PH.2 15-01356 Summary Form.pdf 15-01356 Notice to the Public.pdf 15-01356 Memo - Manager's Approval.pdf 15-01356 Memo - Request for Sole Source Finding.pdf 15-01356 Back -Up Documents.pdf 15-01356 Legislation.pdf 15-01356 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, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0528 Chair Gort: Okay, back to regular agenda. PH.1. Joseph Zahralban: Chairman, Commissioners, Joseph Zahralban, Deputy Fire Chief Department of Fire Rescue. Before you, PH.1, is a resolution authorizing a purchase in the amount of $46,250, to be expended from the Urban Area Security Initiative Grant Program for five Weatherbug Camera Systems and related equipment in an effort to maintain and repair our Weatherbug network, which is strategically located for the purpose of monitoring weather throughout the City of Miami. This is a sole source item. Chair Gort: Thank you, sir. This is a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, we close the public hearing. Comments. Motion. Vice Chair Hardemon: So moved. Chair Gort: Moved by -- Victoria Mendez (City Attorney): This is a four -fifths -- Chair Gort: -- Vice Chairman Hardemon -- Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. It's a four -fifth. Ms. Mendez: Yes, Chairman. Thank you. Chair Gort: Okay. Commissioner Carollo: Four Commissioners. Chair Gort: Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Chair Gort: Thank you, Chief. Chief Zahralban: Thank you. RESOLUTION City of Miami Page 15 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 15-01357 Department of Solid Waste PH.3 15-01395 TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OFASOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE DRIVECAM SYSTEMS AND RELATED SOFTWARE LICENSE FOR THE SOLID WASTE DEPARTMENT, FROM LYTX, INC., FORA FIVE (5) YEAR TERM, ALLOCATING FUNDS FROM ACCOUNT CODE NOS. 04001.213000.552000.0000.00000 AND 04001.213000.534000.0000.00000, WITH FUTURE YEARS FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 15-01357 Summary Form.pdf 15-01357 Notice to the Public.pdf 15-01357 Memo - Manager's Approval.pdf 15-01357 Market Research.pdf 15-01357 Memo - Requesting Sole Source Provider.pdf 15-01357 Letter - Lytx.pdf 15-01357 Pre-Legislation.pdf 15-01357 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Department of Capital Improvement Programs/Transportat ion RESOLUTION TO BE WITHDRAWN BY THE ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), FOR THE DOWNTOWN MIAMI SIGNAGE AND WAYFINDI NG SYSTEM, ACCEPTING AN ADDITIONAL CONTRIBUTION OF FUNDS FROM THE DDA IN AN AMOUNT NOT TO EXCEED $350,000.00. 15-01395 Summary Form.pdf 15-01395 Notice to the Public.pdf 15-01395 Pre-Legislation.pdf 15-01395 DDA Resolution.pdf 15-01395 Legislation.pdf 15-01395 Exhibit - Agreement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon City of Miami Page 16 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 PH.4 15-01334 Department of Real Estate and Asset Management PH.5 15-01532 District 5 - Commissioner Keon Hardemon Note for the Record: Item PH.3 was deferred to the January 28, 2016, Planning & Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") ON CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDAOFAPPROXIMATELY FIFTEEN (15) FEET IN WIDTH BY ONE HUNDRED THIRTY (130) FEET IN LENGTH RUNNING INA NORTHWEST/SOUTHEAST DIRECTION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF ("PROPERTY"), FOR A PERPETUAL NON-EXCLUSIVE WATER EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF WATERLINE FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION SHOULD THE EASEMENT BE ABANDONED OR DISCONTINUED, WITH THE RIGHT OF IMMEDIATE POSSESSION AND ENTRY. 15-01334 Summary Form.pdf 15-01334 Notice to the Public.pdf 15-01334 Legislation(v2).pdf 15-01334 Exhibit - Grant of Easement.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item PK 4 was deferred to the January 28, 2016, Planning & Zoning Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING BOULEVARD; APPROVING THE AWARD OF SAID SERVICES TO GREATER MIAMI SERVICES, CORP., FOR THE PERIOD FROM JANUARY 1, 2016 THROUGH DECEMBER 3, 2016, AT AN AMOUNT NOT TO EXCEED $174,000.00; WITH FUNDS ALLOCATED FROM THE GENERAL FUND; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, City of Miami Page 17 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 SATISFACTORY TO THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01532 Notice to the Public.pdf 15-01532 Legislation.pdf 15-01532-Submittal-City Manager -Backup Documents.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0535 Chair Gort: PH.2 has been deferred. PH.3. Daniell Alfonso (City Manager): That's been withdrawn, and 4 has been deferred, so we're on 5, sir. Chair Gort: Oh. Mr. Alfonso: Commissioner Hardemon, this is -- Chair Gort: PH.4, correct. Mr. Alfonso: -- where we're working with the Greater Miami -- Chair Gort: PH.5. Mr. Alfonso: -- Service Corps, and I'd like to recognize -- Vice Chair Hardemon: PH.5 is a - an authorized allocation to the Greater Miami Service Corps, and it's for the maintenance of the Martin Luther King Boulevard. As we know, within many communities, Martin Luther King Boulevard is not typically a site that people like to visit for its aesthetic beauty, and so here in the City of Miami, we want to change that. And so, we want to be able to do some things, and we have some dollars within the City that we want to add irrigation, that we want to add more maintenance to 62nd Street, because it comes off of 1-95, and it is a main corridor to that part of our community. And so, I want the Greater Miami Service Corps to participate with this, instead of giving it to just a normal contractor, because Greater Miami Service Corps does a plethora of things for youth with -- referring to job training within our communities. And so, I think it would be best to allow them to do so. And this lovely young lady before us will give us just a bit more information about Greater Miami Service Corps so you can see what our aim is with using them instead of any other contractor. Debbie Dorsett: Thank you. Good morning. My name is Debbie Dorsett. I'm the executive director of Greater Miami Service Corps. Chairman and Commissioners and Mayor, and if can ask everyone from Greater Miami Service Corps to please stand. And just so you know, Greater Miami Service Corps was established 25 years ago. We're located within the City of Miami, and the unique thing about us is we use service as a strategy to engage young people, so young people, just like you're seeing standing up right here, will participate in doing the landscaping and maintenance on MLK (Martin Luther King) Boulevard, but in addition to that, they'll be engaged in educational services, working on their GED (General Education Diploma), high school diploma, vocational skills, OSHA (Occupational Safety & Health Administration) training. In addition to that, they will participate in nonviolence training through Martin Luther King Boulevard and MLK, and all members are eligible for scholarships. So we use a comprehensive service strategy in engaging our young people, so we appreciate the partnership and the opportunity to collaborate with the City, and you have been a strong partner really over City of Miami Page 18 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 our 25-year history and have a lot of our graduates that are currently working with you. Thank you. Chair Gort: Thank you, ma'am. Applause. Chair Gort: Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, we'll close the public hearings. I think it's an excellent idea. Gives it -- an opportunity to the people from that neighborhood not only to -- they should be proud to be working in that area; the training they're going to get and the education is very important, so that's a -- it's a good idea. Vice Chair Hardemon: So -- and then I would move to pass PH.5. Chair Gort: Moved by Vice Chairman Hardemon. Is there a second? Commissioner Russell: Second. Commissioner Suarez: Second. Chair Gort: Second by -- Commissioner Suarez: Give it to Commissioner Russell. Chair Gort: -- Commissioner Russell. Okay, all in favor? Todd B. Hannon (City Clerk): Excuse me, Chair. Chair Gort: Yes, sir. Mr. Hannon: Just for the record, I do have a submittal; it's only a backup document. It's the City Manager's recommendations for item PH.5. Chair Gort: We do? Mr. Hannon: Yes. It's just a submittal, backup documentation regarding your recommendations for item PH.5. Mr. Alfonso: Okay, thanks. Vice Chair Hardemon: I believe -- his recommendation is consistent. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Ms. Dorsett: Thank you. Chair Gort: Thank you. END OF PUBLIC HEARING ORDINANCES - SECOND READING City of Miami Page 19 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 SR.1 15-00809 Department of Planning and Zoning ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND", MORE PARTICULARLY BY CREATING NEW SECTIONS 62-644, 62-645 AND 62-646 ENTITLED "NRD-1 PUBLIC BENEFITS TRUST FUND, INTENT, "ESTABLISHED" AND "FINANCIAL REPORT, RESPECTIVELY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-00809 Summary Form SR.pdf 15-00809 Legislation SR(v3).pdf 15-00809-Submittal-Barnaby L. Min -Ordinance Version 4.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon 13582 Chair Gort: Did we defer any S --? No, I didn't see any. Daniel J. Alfonso (City Manager): SR.1. Chair Gort: SR.1 was deferred? Vice Chair Hardemon: Was it? Chair Gort: No, I don't think so. Commissioner Russell: SR.1. Vice Chair Hardemon: I don't think so. Commissioner Suarez: No, I (UNINTELLIGIBLE). Victoria Mendez (City Attorney): This is the NRD (Neighborhood Revitalization District) Public Benefits Trust fund. Chair Gort: Right. Commissioner Suarez: Did we already do PH.1, where -- Chair Gort: SR.1. Commissioner Suarez: -- the Weatherbug thing? Francisco Garcia: Thank you. For the record, Francisco Garcia, Planning & Zoning director. SR.1 is before you, Commissioners, on second reading. This is an ordinance establishing the Public Benefits Trust fund for the Neighborhood Revitalization District 1. It is amended before you today in response to many of the feedback and responses that we received at the last hearing. And I will happily answer any questions you may have. City of Miami Page 20 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Thank you. Vice Chair Hardemon: You know, I'll -- Chair Gort: Commissioner. Vice Chair Hardemon: -- start. And part of the reason that I wanted to have this continued to this date is so that Commissioner Russell would have an opportunity to make his comments on this issue. And procedurally, when this item first came up, I wasn't in support of it. We moved -- we continued it a number of different ways, and we passed it on our first reading to move it forward and to give myself an opportunity to give more thought about this, and even as I read it today, I'm not moved by it. And part of the reason that I'm not moved by this item is, one, because -- not because of -- well, first, not because of what the Wynwood BID (Business Improvement District) is not doing within that community, because the Wynwood BID is doing a number of great things there. The property owners who were even outside of the Wynwood BID are definitely increasing not only the property values, but also people's willingness to visit that part of our community, and it all makes sense. I mean, when I think about downtown, Wynwood, the Design District, Overtown, Little Haiti, the way will connect, it -- there is positivity in bringing that type of attraction there, but this is just something different, because to me, what we've been doing over our time is watering and weakening our public benefits system, and by that, we've -- I mean that we've given so many options to people for public benefits that we've lost our ability to affect, for instance, public housing. Can we have them just -- outside just quiet down just a little bit? To -- Commissioner Suarez: Feel free to arrest anyone that you want to arrest. Vice Chair Hardemon: So this is a different animal than I've ever seen before, and the reason that this is a different animal is because not only does it create a Wynwood Public Benefits Trust to be used in that area, but what it does is it gives another body outside of the City the ability to decide how that money is to be spent, and so the -- having a board that consist majorly of the Wynwood BID and then an appointment by the District 2 Commissioner, an appointment by the District 5 Commissioner with the idea that all the funds that are put into the Public Benefits Trust, this Public Benefits Trust will be used at the discretion of them, and I believe in it -- and "in it," I mean in their guidelines, it gives some reasons for that public benefits to be expended, and one of them, for instance, is affordable housing. I personally believe that affordable housing won't be built by private developers in Wynwood. That's just my belief. I think Pm right. The one piece of housing that we do have there now is -- definitely exceeds the value that most can afford to live within that community. So I want to be very clear that I don't like this the way this is set up, and I can see that this is a slippery slope for many other places, so now what I -- I don't want to be a part of destroying the Public Benefits Trust in the City of Miami by creating these neighborhoods that are not neighborhoods that are slum and blighted, if you will; that are not neighborhoods that are suffering from lack of development or lack of investment; that are not neighborhoods that are what we think about when we think that there is a deficit within the City of Miami, but create these public benefits in neighborhoods that are flourishing, that are growing, that are doing positive things in that way. I think that that's exactly what this does; it hurts those that are in need to benefit those that have the ability to do it for themselves. And not only do they have the ability to do it for themselves; they will quite literally do it for themselves, so they will take the dollars that they've paid into the Public Benefit's Trust. Instead of the City using it as a way that we think is best, they will use it in a way that they think is best, and I can't support that. Chair Gort: Okay. Thank you. Anyone else? Commissioner Russell: Yes. City of Miami Page21 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Yes, sir. Commissioner Russell: Pardon me. Part of Wynwood, obviously, is in District 2, and I'm getting up to speed and fully understanding how this legislation originally came to us, and what it's evolving to. And ifI understand correctly, Wynwood's fear is that they will become too expensive and lose the character of what they've been trying to develop there. And so, this may be a way, this NRD, to help them grow in a healthy way. And if I'm not mistaken, the mandatory addition of having them contribute to the Public Benefits Trust came from you, Commissioner Hardemon; is that correct, the 25 percent or the --? The original ask was from you, that rather than just giving them the option to buy air rights or do their other ways to benefit the public trust, that they would be forced to do so, and they came back with this option, if I'm not mistaken. The issue seems to be how that's money -- how that money is then spent and where for that affordable housing, and probably more importantly, what the definition of that affordable housing is. Andl believe that they would build their version of affordable housing, which is workforce housing, which would attract the type of residents that they want to continue to see in Wynwood, but this doesn't address your concerns, and I definitely understand that, because it's not targeting workforce housing outside of the Wynwood NRD, and it's not targeting low- to moderate -income housing. Am I correct in understanding that's your concern? Chair Gort: Go ahead. Vice Chair Hardemon: Part of -- the 25 percent language, it was written in a way that was very difficult to understand; and the way that I read it was that it didn't provide the language which is to -- now that's saying that there has to be 25 percent of it that goes towards these public benefits. Now -- but I want to be clear. Just because `D" -- part "D" says, "The minimum of 25 percent of the funds in the NRD-1 public funds" -- "Public Benefits Trust Fund shall be allocated towards affordable workforce housing on an annual basis. It shall be expended pursuant to guidelines, procedures established by the City Commission, " does not mean that it will happen that way. And the reason I say that is because, if you get these funds and you say, "Okay, we'll put 25 percent of it away towards affordable housing, " those funds -- or workforce housing, those funds may just not be spent. It may not be enough funds. It may not be something that's worthy of investment. It may not be -- because at the end of the day, a developer, or whomever, wants to make a profit on whatever product that they're making. Currently, right now in the City of Miami, those products tend to be luxury condominiums or commercial developments and things of that nature. There has been some public housing that's been done, but it's been done on public land. And so there are a lot of things that complicate that issue. Now, Wynwood wants more park space. They want more -- they want things that I think they need, and they believe that this is the vehicle to get it. However, my concern is that where you'll have more significant development, which is in the Wynwood area, the Wynwood would, in fact, be creating its own CRA (Community Redevelopment Agency) by way of this type of legislation. They're creating an entity that's going to control the amount of money that they give to public benefits so they could have bonuses, they could do other types of things. And that money that they create, they'll have the majority influence on how they spend it and where it goes and how it affects and -- where, typically, that money -- they could still pay into a public benefits trust today. It's just that the Public Benefits Trust will be the one that the City of Miami has, which we also have workforce housing in that one, and we also have affordable housing. We have a number of different things that it can go towards. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: In listening to both my colleagues, there's a couple of things that come to mind. One is, I think for clarity of communication purposes, the way I see it, there's three categories of housing that we often talk about: extremely low income, ELI, which is 35 percent of City of Miami Page22 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 area median income or below; affordable housing, 65 percent AMI (Area Median Income) to 80 percent AMI; and then workforce, which is usually 80 to 120. So there are three different categories. I think -- and maybe -- in terms of trying to come to a solution, because I agree with both of my colleagues' perspectives here from the sense -- in the sense that what I think Commissioner Russell's trying to say and what I think the Wynwood BID is trying to accomplish is the concept of mixed income. In other words, you want to make sure that you have a community that grows -- and there's still an opportunity with Wynwood because it's very young -- to grow in a inclusive way, not simply one specific way. I think -- from your perspective, I think your rub is sort of the CRA Board, if you will. In other words, who's going to be making the decisions on who wins and who loses for purposes of this public benefit money? I think there's an easy solution. I think there's two potential easy solutions. The one easy solution I think is to simply change paragraph "C" to say, it's a five -member committee: one from the District 5, one from the District 2, and then one from the Commission as a whole so that the Commission maintains the majority control of that board. That's one way to do it. And I think that changes the dynamic that you're talking about, which is that a group of private individuals will be the one that's controlling the expenditure of those funds. The other one is to just eliminate that paragraph completely, or that subsection completely, and say, :Look, we want to designate this percentage of funds to this area," because that's the concept, "but we want to reserve for ourselves, " you know, "that decision -making authority as to how the money's spent," and, you know -- I'm okay with either one. I'm okay with either one of the three, to be completely frank with you, but I just wanted to try to chime in and see ifI could pierce through some of the concerns and see ifI could offer a solution that might work. Chair Gort: Let me tell you some of the things we've done by giving incentive to developer with these -- East Little Havana CDC (Community Development Corporation) in Commissioner Carollo's district, I'm going to support. We created a building where we're going to have market rate and we're going to have affordable housing, and the difference between the apartment is not much, so it can be done with the right incentive. Somehow, I think you worry how the incentive is approved in order to create that type -- Because we need to start mixing all this affordable housing. We need to mix market rate with the affordable housing and workforce and so on. If -- The developer need the incentives to do that. Now, how we document that to make sure it gets down, I think that's what you're worried about. Commissioner Suarez: And ifI just may add real quick, Mr. Chair? Chair Gort: Yes. Commissioner Suarez: If this didn't pass, it would inure to -- potentially to my district's benefit, obviously, because then there wouldn't be a restriction on where those public housing -- public benefit funds could be spent, so I'm sort of arguing against my own parochial interest because then, you know, those public benefit dollars could be spent in any district, and certainly mine would be eligible for it. But I do buy into the concept that as Wynwood is growing, it should have a mix. And I think if you look at other parts of the United States, there's been an ongoing effort to make sure that there is a mixed income component to flourishing neighborhoods, and I think that's what the impetus of this ordinance is about. Commissioner Russell: If I'm not mistaken -- Chair Gort: Yes. Commissioner Russell: -- if -- pardon me, Chair. If I'm not mistaken, if the legislation doesn't pass, then there's no mandatory requirement to contribute to the Public Benefit Trust, and they can simply just buy the air rights, which may be cheaper, and we lose all the public benefit altogether. City of Miami Page23 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: That could also happen, which is, they could buy the TDRs, which are transfer development rights, which are privately traded rights, and that could happen, as well. Commissioner Russell: So, I'd like to see us find a way to accommodate what Vice Chair Hardemon's concerned with and see if we can make it happen. Chair Gort: You're recognized, Commissioner. Vice Chair Hardemon: I don't believe the market for the TDRs (transfer development rights) are what they used to be. Commissioner Suarez: I would agree with that. Vice Chair Hardemon: But, you know -- Commissioner Suarez: We're doing a study on that, by the way. We're in the process of doing a study on the TDR. Vice Chair Hardemon: But I would say this: Hearing everyone's, except Commissioner Carollo -- I mean, he has a stare -- but hearing everyone's discussion about this, I think that, one, the -- I want to be clear about something. There's a -- part "E" here that says, "We will review every five years the NR" -- "the purpose of the NRD-1 Public Benefits Trust Fund to determine whether or not it is something that we" -- well, one, is it achieved its goal something we want to continue. That's important to me. I don't why this mike (UNINTELLIGIBLE). That's important to me, that we -- there you go. I don't know why this mike wasn't working, but -- so that's important to me. I think the ability to come back and look at this and say, "Okay, in these five years" -- and maybe it should be three, maybe it should be four; I'm not sure, but, "In this time period, what have we done? How have we addressed public housing" -- not public housing; I'm sorry. "How have we addressed workforce housing, et cetera, affordable housing, and what have the funds been expended on?" I think that it's important to have that there. And to be honest with you, I would rather see it at -- is -- Francisco, is three years unreasonable? Mr. Garcia: No. Certainly, three years would not be unreasonable, but I also wanted to highlight for your consideration that right below that under the 'financial reporting" clause, the group would be responsible to report to this Commission on the allocation and expenditures pursuant to the fund. Vice Chair Hardemon: I understand that. So then I would like to make it -- these are the changes that I would like to see, and ifI have support by the board, I'd like to hear a second to this motion. So what I would do is, I would amend the part "E" to make it three years, and then I would eliminate the Wynwood BID Improvement District. That committee that we've created, I would eliminate that committee that's appointed by us and the BID, but I would keep part "D" that says, "A minimum of 25 percent of the funds shall be used towards affordable/workforce housing on an annual basis. " And so, what we, in fact, now have is another option where you can have workforce housing within the Wynwood area. The City collects at a minimum 25 percent of those funds, which means it could be higher. Show us where your faith is. And we review this in three years to say whether or not this is something we want to continue, so it gives Wynwood an opportunity to have people there at the price point in which those who are young professionals can afford, and also have the Public Benefits Trust Fund there so that we can all make it all work, so now we have everything we need. I don't think we stripped it much of anything, but the decision -making ability for that committee using our City dollars. Ms. Mendez: Vice Chairman, is there any way, just to be clear, that we get the revisions that you want and with the Planning Department, do you think we could table this item for a little bit and draft --? City of Miami Page24 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: I don't think it's that difficult. I'll show you how. So I'm looking at Section 62-644. That's the first -- well, 644, there will be no change there. Ms. Mendez: I understood removing C'altogether. Is that what you said? Vice Chair Hardemon: Well, "C" would be removed altogether, correct; D'ivould stay, "E" would be amended to three years. Mr. Garcia: So, if I may, very briefly, Commissioner Hardemon, the -- as to the removal of subsection "C, " that leaves us then without a steering committee, so to speak, for lack of a better name, to properly administer the funds, which would then, in essence, default to the General Trust Fund; that is, a citywide trust fund. It seems to me that if we are -- the intent of the legislation is to have a mechanism that is particular to the NRD-1 area -- right? -- that the funds are garnered from the area and spent or re -invested in the area; that there needs to be a particular mechanism to ensure that those funds are properly allocated. Vice Chair Hardemon: Wouldn't the mechanism be the NRD-1 Public Benefits Trust Fund? Wouldn't that be an account created in that -- and it would be kept separate? Mr. Garcia: Right. And so, the question is, what should be the steering committee that is ultimately responsible for the proper administration of those funds? The removal of "C, " I think, brings out that question. Mr. Alfonso: IfI may, Mr. Chair? Chair Gort: Yes. Mr. Alfonso: If there is no group specifically to manage, then I -- the group that would do it, that would be the group that we currently use through CD (Community Development); it would just be that they're limited into the location, but we already have a process for allocating those funds. Vice Chair Hardemon: Correct. Mr. Alfonso: George, you want talk about that for a second? George Mensah: Good morning, George Mensah, director, Community Development. Commissioners, you currently have a process in place that was approved by the City Commission as to how affordable house funds be spent. And in this case, what we have to do is that those particular funds allocated to a particular area have to follow the same process, which means that the allocation is done specific by -- through an RFP (Request for Proposals) process, and then approved by the Housing and Commercial Loan Committee, who, as you know, are members of the industry, who can then review projects and approve them and then -- so that they can be distributed. And also, we have another process where if we don't go through the Housing and Commercial Loan Committee, then it comes to City Commission for approval. And that is the process that is currently by resolution that we have to do in how to spend the Affordable Housing Trust Fund. Chair Gort: Thank you, George. Yes, sir. Commissioner Russell: My question then, so if the committee is removed, does that still leave the requirement that it be spent within the NRD; just the deciding party of the RFP process would be different, that's all. Is that correct? Chair Gort: That's my understanding. City of Miami Page25 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Garcia: With the nuance that I believe what my colleague has just spoken about; has to do specifically with expenditures pursuant to affordable housing projects. There is still the other possibly 75 percent that still needs to be provided for. And frankly, from the -- at least from the legislative standpoint, I would suggest that if a particular area is being set aside and it is the will of this Commission to say, the funds that are derived from development in that area are to be reinvested in that area, I think it serves us well, as Administration, to have a body that begins to steer the expenditure of those funds. It may be split apart for the 25 percent to affordable housing, but the other 75 percent must be accounted for as well. Chair Gort: Yes, sir, you're recognized. Commissioner Suarez: Thank you. So I think what intrigued me about this legislation when it was first presented to the Commission is that it's sort of an experiment, you know, where we are seeing a neighborhood flourish and develop. It has very little housing right now, if any, very, very small percentage of it, and so what we were saying as we were making -- and this came corollary to us passing the Transportation Trust Fund. You know, we're starting to make, in my opinion, intelligent future allocation decisions in terms of public policy. We're letting ourselves be guided by public policy rather than availability of funds, right? So the concept of a BID just generally -- and I'm not trying to be professorial here, but the concept of a BID is to allow some sort of local self -governance. You know, we have it in Coconut Grove. We have it in certain areas. I'd love to have one in Coral Way. I think it'd be great to have one in -- on 8th Street at some point, but it also is -- it has to do with the owners wanting -- the business owners wanting to have some sort of self-determination on some public policy decisions. So, for me, I'm -- I have a certain level of comfort with that. I understand your reservations. I get it completely, a hundred percent, which is why my original suggestion was to maybe tweak the composition so that you still have a composition that is majority -controlled by the Commission, which would ultimately be -- if we were to eliminate it, it would ultimately be the City Commission that would decide that. So, in this case, we would be doing one different thing, which is to, you know, appoint members, which also creates a little bit of breathing room for us in terms of all the other things that we need to do, which you may or may not want -- I mean, that's really on you -- but would also allow for this established business community to have a voice in the direction and future of Wynwood. And let's face it; that's -- it's a community that, in many ways, has been one of the catalysts of how Wynwood has developed and why it is what it is today. So I just want to be reflective of that, and I just want to sort of toss that ball back to you so you can think about it and -- maybe tabling it is the right idea, just for to us think about it, but -- Vice Chair Hardemon: It may be. Mr. Chairman -- Chair Gort: Yes, sir. Vice Chair Hardemon: -- ifI will [sic]. It may be, but I will say this: There was affordable housing in Wynwood before the Wynwood BID. Commissioner Suarez: Agreed, agreed. Vice Chair Hardemon: So, Wynwood did a lot of -- the Wynwood BID did a lot of great things, and the owners who are within the property lines did a lot of great things within Wynwood, but there was -- and no matter how you all -- how people feel about it, there was mass gentrification in Wynwood. The affordable housing was removed from Wynwood. Commissioner Suarez: Agreed. Vice Chair Hardemon: People who had houses and there's documented well in many different documented -- people had houses that were adjacent to the commercial properties in Wynwood City of Miami Page26 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 that were purchased, that were torn down, that were redeveloped into commercial properties. They removed affordable housing from that community. Commissioner Suarez: I agree. Vice Chair Hardemon: The only affordable housing that's there is public housing, and if that wasn't public, it'd be gone, so that's why I just have -- I don't have faith -- Commissioner Suarez: I get it. Vice Chair Hardemon: -- in that type of -- I don't have faith when you remove one thing, and you say, Oh, but I'll put it back. "And so, this is the same body; although, they've done many good things, but now we're talking about something that I don't believe is within their pedigree, if you will, because what we're saying here is that we're going to -- the reason that we have this 25 percent of workforce housing is because you and I came to a meeting of the minds -- Commissioner Suarez: Sure. Vice Chair Hardemon: -- where we said -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- we have to find a way that some of this at least goes towards that -- Commissioner Suarez: A hundred percent agree. Vice Chair Hardemon: -- and we're here. And then, second of all, what I want us to be clear about is that the BID is private dollars going towards improving their -- Commissioner Suarez: Agreed. Vice Chair Hardemon: -- community, which is a great thing. You know, that's why you say that we wish we had more BIDs. Commissioner Suarez: Sure. Vice Chair Hardemon: There are expenditures that the City has made within that area, and the City will continue to make. Commissioner Suarez: Of course. Vice Chair Hardemon: Right. The private dollars go towards things that they believe that they want additionally within that area. Commissioner Suarez: Agreed. Vice Chair Hardemon: And it's almost like a homeowners association, if you will, but for businesses, and so those things make sense. However, what we're now stepping into is something a little different. What we're stepping into is an organization that will be controlling public dollars -- Commissioner Suarez: I agree. Vice Chair Hardemon: -- for their benefit, and I think that's where it goes a little bit -- City of Miami Page27 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: And that's why I was suggesting sort of a step down where we still maintain control, but yet, still have the input of the business community that has helped shape, rightfully or wrongfully, over time that community, so it's really up to you. I'll support whatever of the two options. Obviously, you know, there's another district Commissioner that touches that as well, so you know, I just wanted to sort of inform -- try to be a substantive participants in the conversation. Chair Gort: Let me add a little bit to this. This problem is something that's going to be citywide, because right now we're seeing the prices going up. I was on 8th Street yesterday, and it's being very successful. In my area, 7th Avenue is being purchased all along at 20th Street, and we have residents that live there that we need to make sure that we can maintain them in there, and this is why we have to join forces with the private sector, create incentive to create the same thing that -- it was done in Commissioner Carollo's district, which is market rate mixed with affordable and work housing -- and workforce housing. We need to do that in all our neighborhoods, because all our neighborhoods are changing. And I don't know about you, but ours is changing. Commissioner Suarez: Yeah, absolutely. Chair Gort: So we got to make sure that we can maintain the existing residents in those neighborhoods. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. If Commissioner Hardemon will recognize that I was quiet on this, and the reason being is because I'm somewhat flexible on this. What I'm hoping is that we find some type of consensus. I don't have to tell you that affordable housing is important to me. You actually saw how just -- what was it, a month ago or so? You know, we put a lot of public benefit dollars towards affordable housing, so it's extremely important to me. And I think, in all fairness, that maybe we should have -- you know, we should table it to give us some time to think about it. Listen -- and I get your argument. I don't see why the business community and those that are from Wynwood can't do -- you know, advise us, or do some type of committee to -- you know, as an advisory capacity, and then we take the ultimate decision that we usually do. So I think that maybe could be -- you know, go to the both sides where Commissioner Suarez wants some of their input, which I do also, in all fairness, but at the same time, it alleviates where, once again, you know, the private sector isn't making the decision for us. Vice Chair Hardemon: Mr. Chairman. Commissioner Carollo: And maybe that should be something that we should consider, you know, on tabling this and then considering it and, you know -- Vice Chair Hardemon: If we're tabling it, we're tabling it to gather more facts -- Commissioner Carollo: Right. Vice Chair Hardemon: -- I think, but I am open to the BID being able to make recommendations to the committees, the different committees, the housing committee, and even if it comes to us at the City Commission level. I just -- I think that is a fair check and balance on these types of funds. I just want to make sure that, you know, we get ourselves -- we don't get ourselves in a situation where we're allowing a entity that is really private, if you will, to expund [sic] public funds, right, and so if -- I'm sure -- I mean, the BID is here. They're dying to speak about certain things. So, we have two options, I think. We can agree on that, or we can just table this till later to gather some thoughts from them, and I'm fine with that, to gather some thoughts with it, but, City of Miami Page28 Panted on 1/22/2016 City Commission Meeting Minutes December 10, 2015 you know, I'm going to, you know, push back a little bit to see where we are. But I think I've been very vocal, very clear with where I stand on this issue, so seeing that it affects both of our districts, what I'm asking is that we just table this until later on today. Is that something you're okay with? Commissioner Russell: Yep. Vice Chair Hardemon: Okay, table it. Chair Gort: There's a motion to table it. We don't need a motion, okay. What I'd like to add to this, make sure -- this is a pilot program that could be applied throughout the City, because all of our districts have the same problem, so whatever you come up with is something that could be applied throughout the whole City. Thank you. Yes, sir, you want to speak. Steve Wernick: Yes. Steve Wernick, One Southeast Third Avenue, here on behalf of the Business Improvement District. I think tabling it is a good idea, to take a look at the language. I do want to make one point, which I think was not touched on. This is a brand-new revenue stream that essentially comes about by downzoning the intensity of these properties through that Neighborhood Revitalization District, and the stakeholders in the Business Improvement District bought into that concept knowing that monies that they're spending to buy back those floors will then be spent to improve the public realm within Wynwood, including affordable/workforce housing, so it's not -- it's actually more of a commitment to affordable/workforce housing than would be involved in the General Public Benefits Fund, so I think -- I just wanted to touch on that and make sure everyone's aware that there is a strong commitment to investing in the public realm with these dollars. Mr. Garcia: I will add, with your permission, just one additional thought. There is a pioneering effort in the City of Miami that is already in place. It dates back actually a few years, but it happens to be the Coconut Grove BID. And although the Coconut Grove BID has it now within its discretion to determine how funds garner through the Parking Improvement Trust Fund in the Coconut Grove Village Central area, they have done so successfully over the last, roughly, 10 years. So that is the best precedent we have in the City of Miami as to how these items are governed; granted, in Coconut Grove parking is the issue or has been the issue historically, and that is the sole extent of their jurisdiction; and this veers into open space and affordable housing, which are topics worthy of special consideration, but I just wanted to set out that precedent for your consideration. Thank you. Chair Gort: Thank you. Later... Chair Gort: SR.1. Commissioner Suarez: FR.1? Oh, SR.1? Chair Gort: SR.1. Mr. Garcia: For the record, Francisco Garcia, Planning & Zoning director. We've had an opportunity to meet with various stakeholders concerned, and we believe that we have a set of revisions that's made this proposal better and address all the concerns expressed. I'll yield to you for questions; and if you'd like, I'll defer to the City Attorney's Office to describe the revisions made. Chair Gort: Do we have discussion? City of Miami Page29 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Ms. Mendez: The legislation is being amended with the following changes. Do you know exactly what it is? You want to read it? Want to read it? Barnaby Min (Deputy City Attorney): Commissioners, good evening. There's been discussion with the BID, as well as the Planning Department. The proposal is to have -- The committee that's going to be created that oversees this trust fund will be made up of one member directly appointed by District 5, one member directly appointed by District 2, one member to be appointed by the City Commission at large, and two members to be appointed by the Wynwood BID, subject to City Commission confirmation. Additionally, a minimum of35 percent of funds in the NRD-1 Public Trust Fund shall be allocated towards affordable workforce housing on an annual basis. And subsection E'bfSection 62-645 has been changed to indicate that the City Commission shall review every three years the purpose of the trust fund. The changes are highlighted in what's been handed out. Chair Gort: Thank you, sir. Vice Chair Hardemon: Mr. Chairman, we've discussed these changes. These changes make this more palatable. It still gives me a little heartburn. I might need some Tussin, Robi -- I don't know what -- I don't take those things, typically, but it is a step out on faith, right? So I'll move it Commissioner Suarez: Second. Vice Chair Hardemon: -- with these changes. Commissioner Suarez: Second. Chair Gort: Been moved by Vice Chairman Hardemon; second by Commissioner Suarez. This is public hearing. Is anyone in the public would like to address this one issue? Anyone in the public. Seeing none, hearing none, close the public hearings. It's an ordinance. It's already been read. Mr. Min: An ordinance of the Miami -- I'm sorry. Been read? Chair Gort: You read it already, right? Mr. Min: I don't recall, since we took a break. Todd B. Hannon (City Clerk): No, sir. Chair Gort: Read the whole thing again. Mr. Min: Okay. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item SR.1. Commissioner Russell? Commissioner Russell: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? City of Miami Page 30 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 SR.2 15-00998 Office of the City Attorney Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Hardemon? Commissioner Suarez: Come on, man. Commissioner Carollo: Consensus. Commissioner Suarez: It's already passed. Vice Chair Hardemon: You want a consensus? For. Yeah, it passed, I can really express how I feel about it, right? Commissioner Suarez: What do you mean? Of course, you -- Vice Chair Hardemon: But 'for." I'm -- consensus. I'll give you consensus. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Chair Gort: Okeydoke. Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE IX/SECTION 62-259 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/URBAN DEVELOPMENT REVIEW BOARD/PROCEEDINGS", TO COMPLY WITH CURRENT CITY OF MIAMI AND STATE OF FLORIDA RULES AND REGULATIONS REGARDING MEETINGS AND ALLOWING THE PUBLIC A REASONABLE OPPORTUNITY TO BE HEARD AND MAKING CERTAIN OTHER CLARIFYING TECHNICAL CHANGES AS PROVIDED HEREIN; PROVIDING FOR AN EFFECTIVE DATE. 15-00998 Memo - Office of the City Attorney SR.pdf 15-00998 Legislation SR.pdf 15-00998 Back-up from Law Dept FR/SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon 13578 Chair Gort: SR.2. Victoria Mendez (City Attorney): SR.2. This ordinance is basically clean-up language to make it consistent with Florida Statute with regard to the UDRB, the Urban Development Review Board. The Urban Development Review Board is a wonderful board, and it's always let the public speak. So even though the legislation in the Code says that certain people aren't allowed to speak unless City of Miami Page 31 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 it's a public hearing, or what have you, the -- this board has always been very open to listening to the community and everything; so please, I don't want, just because we're cleaning up this legislation, for it to ever be suggested that people did not have the right to speak at any time at the UDRB Board, but we're just cleaning up the legislation to make it consistent with State Statute. That's all. Chair Gort: Thank you, ma'am. Do I have a motion? Commissioner Carollo: So move. Chair Gort: It's been moved by Commissioner Carollo. Commissioner Russell: Second. Chair Gort: Second. It's a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearing. Any -- Commissioner Russell, any --? The Ordinance was read by title into the public record by the City Attorney. Chair Gort: Thank you. Todd B. 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, 3-0. Chair Gort: Okeydoke. SR.3 ORDINANCE Second Reading 15-01309 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/UNSAFE STRUCTURES", MORE PARTICULARLY BY AMENDING SECTION 10-101, ENTITLED "UNSAFE STRUCTURES PANEL", TO CLARIFY APPELLATE RIGHTS FOR PARTIES AGGRIEVED BY THE DECISION OF THE CITY OF MIAMI'S UNSAFE STRUCTURES PANEL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01309 Memo - Office of the City Attorney SR.pdf 15-01309 Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon 13580 Chair Gort: SR.3. Victoria Mendez (City Attorney): SR.3 is also clean-up language with regard to our unsafe structures code. There is just language to be added that an interested party that's aggrieved by a City of Miami Page 32 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 decision of the Unsafe Structures Board can also participate in the hearings and such, and we are just clarifying that in the Code. Chair Gort: Thank you, ma'am. Let me ask a question. My understanding is we do not the second holder or the mortgage holder or the bank holder and sometimes they don't respond. If they don't respond with a given time, we can go ahead and proceed. Ms. Mendez: Correct. Chair Gort: Okay, thank you. It's a public hearing. Is anyone in the public would like to address this issue? Anyone in the public? Seeing none, hearing none, close the public hearings. Do I have a motion? Commissioner Carollo: Move it. Discussion. Commissioner Suarez: Second. Chair Gort: Moved by Commissioner Carollo; second by Commissioner Suarez. Discussion. Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Madam City Attorney, does this have the potential to hold the process? Because I know in the past we've spoken as far as some of these unsafe structures and how they've been a burden to the neighborhood for some -- you know, so many days, months, years. Would this have a potential of holding the process that could -- What I'm afraid is that "interested party" is sort of vague or very broad, and I'm afraid that some people may just file anything in order for a building not to be -- that's unsafe go down, and continue to be an eyesore in our neighborhoods. Ms. Mendez: We've defined what an "interested party " is, so it should not hold up the process with regard to any person that files and has no interest. We would have to do the same exact thing if somebody were to file and has nothing to do with the property, and we would have a motion to dismiss, or what have you, to get them out of the case. But only those persons that have an interest, a true interest in the property, so this is only really with regard to lenders and mortgage holders and people that actually have an interest, a money interest in the property, and we're claming that pursuant to Third DCA (Third District Court of Appeal) case that advised us to do so. So for that -- and for that reason is that we're claming our Code with that regard. Commissioner Carollo: Yeah, I know. I appreciate that, but I don't see that in the actual ordinance that you're asking us -- like I don't see that definition. Ms. Mendez: Right. What we're changing is -- Commissioner Carollo: "Interested party." That's it. Ms. Mendez: Right. We're adding "interested party" instead of "authorized representative." Commissioner Carollo: Right. Ms. Mendez: So we're -- the interested party is somebody who has an interest in the actual property. Chair Gort: An economic interest in the property. Ms. Mendez: Yes. City of Miami Page 33 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: That should be specified. Commissioner Carollo: Exactly, and that's my point. Commissioner Russell: So a neighbor wouldn't qual? Like an abutting neighbor who has a -- Commissioner Carollo: Or -- Commissioner Russell: -- maybe they would feel they have an interest because their property could be affected by this, are they an interested party? Commissioner Carollo: -- someone that says, "Hey, I'm curious, so I'm an interested party. I'm interested in what's going on." Exactly. Commissioner Russell: It should be clear. Commissioner Carollo: Right. Commissioner Russell: It should be clear. Commissioner Carollo: And that's my point. I kind of-- because what has occurred in the past, Commissioner Russell, is that some Commissioner had said, "Hey, listen, we're having a big issue with some of these unsafe structures; they're eyesores, crack havens, crime havens, " and so forth, and for some reason, they don't go down. And the process has taken, you know, quite some time. In the meantime, you have the surrounding neighbors saying, "Listen, it's a crack haven; look what's going on. How could the City allow this? " And I'm just trying to find a balance, like I usually do, where we meet the -- you know, what the City Attorney is saying, an interested party, but I want a definition where it's a true interested party, not necessarily anyone that could just, out of blue, you know, file something just to prolong the hearing or prolong that -- Chair Gort: One of the things I've been doing is getting together with the Law Department just to make sure that we can expedite, because not only the -- this unsafe structure, but also Code violation. I mean, we have a lot of Code violation within the residential area, like, for example, we have people having business inside a residential, which is not allowed by the Code, and sometimes it takes month and years to get that done. Somehow, we need to expedite that, because the residents get affected; the neighborhoods get affected. Commissioner Carollo: And Madam City Attorney, I mean, if you just put on the record what you have said, someone with an economic stake at, you know -- Ms. Mendez: If you'll give me a moment, it's already defined in Chapter 10 of our Code, so I will read into the record what the definition is of an interested party. Chair Gort: Once again, whatever needs to be changed in that Code, let's try to do it. Commissioner Carollo: Why don't we go on to SR.4? Ms. Mendez: Okay. An interested party, as defined in 10-101 G5 states: An interested party shall be the owner, any other person or entity who has previously requested real estate property, ad valorem tax notices with respect to the subject property in accordance with Florida Statute 197.344, as the same may be renumbered or amended from time to time." So it's only a person with the interest in the parcel and the property, and that's all we're -- We're actually making it stricter than the "authorized representative" that we used to have before. Daniel J. Alfonso (City Manager): And the person who pays the taxes, so that's the -- so you City of Miami Page 34 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 have to have the financial interest. It can't be just that you're curious and -- Chair Gort: So the (UNINTELLIGIBLE) -- Commissioner Carollo: Understood' Madam City Attorney. I understand what you're saying, even though the definition was not placed in our ordinance; you did not place it in the ordinance, because if you actually go to Chapter 10, there is a definition for "interested party." Understood. Ms. Mendez: Right. Commissioner Carollo: Understood. Ms. Mendez: Because there was a little section -- Commissioner Carollo: Understood, understood. Chair Gort: Right, according to Chapter 10 of our Code. Ms. Mendez: Yes, which is the same chapter we're amending. Chair Gort: Thankyou. Ms. Mendez: Thank you. Chair Gort: Okay. Any further discussion, guys? Commissioner Russell: No. Chair Gort: It's an ordinance. Commissioner Carollo: Second. Todd B. Hannon (City Clerk): It's been moved and seconded. Item SR.3, we can now read the title into the record. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item SR.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 3-0. Chair Gort: Thankyou. SR.4 ORDINANCE Second Reading 15-01389 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE I/SECTION 54-6.3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/IN GENERAL/SPECIAL EVENTS", TO INCLUDE A PROCEDURE TO CALCULATE FEES FOR SPECIAL EVENTS OF LESS THAN TWENTY-FOUR (24) HOUR DURATION FOR THE USE OF THE PUBLIC RIGHT-OF-WAY; City of Miami Page 35 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01389 Summary Form SR.pdf 15-01389 Special Events Log FR/SR 15-01389 Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon 13579 Chair Gort: SR.4. Eduardo Santamaria: Good morning, Mr. Chair, Commission. Ed Santamaria, director of Public Works. SR.4 is an ordinance amending the City Code Chapter 54 to include a procedure to calculate fees for special events for use of the public right-of-way of less than 24-hour duration. Chair Gort: Okay. Thank you, sir. Is anyone in the public would like to address this one issue? Is anyone in the public? Seeing none, hearing none, close the public hearings. Commissioner Carollo: Move it. Commissioner Russell: Second. Chair Gort: Been moved by Commissioner Carollo; second by Commissioner Russell. Any further discussion? An ordinance. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.4. Commissioner Russell? Commissioner Russell: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: Commissioner Suarez, would you like to be included on the roll call for Item SR.4? Commissioner Suarez: Si. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: The item passes on second reading, 4-0. Chair Gort: Okeydoke. City of Miami Page 36 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 SR.5 15-01513 ORDINANCE Second Reading District 3- AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING CHAPTER Commissioner Frank 37-12 TO CHAPTER 37 "OFFENSES - MISCELLANEOUS", OF THE CODE Carollo OF THE CITY OF MIAMI, FLORIDA, ENTITLED "PUBLIC SAFETY AND UNMANNED AIRCRAFT SYSTEMS ("UAS") COMMONLY KNOWN AS DRONES", FOR THE PROTECTION OF CITIZENS ENGAGING IN LARGE PUBLIC VENUE EVENTS FROM UAS AND REGULATING THE FLYING OF UAS IN CERTAIN AREAS OF THE CITY OF MIAMI BY CREATING REQUIREMENTS FOR REGISTRATION OF UAS, AND ENFORCEMENT OF VIOLATIONS FOR UAS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01513 Legislation FR.pdf 15-01513 Fed Aviation Admin Information 15-01513 Legislation SR (v2).pdf 15-01513-Submittal-Rick Wygant-Testimony regarding Drones.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon 13581 Chair Gort: Okay, then we'll go to time certain. Time certain, we have -- Commissioner Carollo, it's SR.5. Commissioner Carollo: Thank you, Mr. Chairman. I want to make sure my staff is ready, because I'm going to show a video in a few minutes. Thank you, Mr. Chairman. We're here for a second reading, and this legislation seeks a balance between public safety and the -- this new technology, commonly known as 1rones. 'As I've mentioned before, it is predicted that drones will be one of hottest gift items this -- over the holiday season. And Miami being one of the largest cities in the United States offers numerous events which attract multitudes of people, and we must ensure that the public safety for all and everyone that attends these national and international events. As I said before, if Miami truly wants to be a leader in all this new technology, and we're looking for Miami to be the new tech hub, then we must be in the forefront of this new technology as is drones. As a matter of fact, already, the Palm Beach Daily has reported that Palm Beach is rushing to pass legislation on drones in January. Recently, at a major sporting event, at a major city, a drone crashed into the stands. Luckily, no one was injured. However, even though that no one was injured, it generated an enormous amount of negative of media. And I'd like to start showing, all the different -- here, you have ABC, you have Sport Center, you have CBS, you have the Associated Press, the Miami Herald, BBC, NBC, Chicago Tribute, the New York Times, USA Today, ESPN, Wall Street Journal, Fox News, and the Washington Post. Now, I'm not showing every other TV (television) station or media outlets that show this negative report, but you could clearly see how in a situation where a drone did not cause any injury, we had such an impact in the media with this incident. What you're seeing here was New Year's Eve last year at Bayfront Park. Look at the multitude of people. Imagine if one of those drones would fall in this sea of people. The injures it would cause, the stampede of people, the safety issues that we would have to deal with for our own First Responders going out there to the injured people, not to mention that this is an electronic device, so it has the potential for sparks and even small explosions, which, in all fairness, could be interpreted as a terrorist attack, which would be totally chaotic not only for the City of Miami, but throughout the nation, because that picture right there, it came from Pit Bull's New Year's Eve and Fox News; it was courtesy of them. And the truth of the matter is, New Year's Eve will be televised live nationally from Bayfront Park this year again, so imagine, in this sea of people, if one of those drones City of Miami Page 37 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 would fall; not to mention that as one of the hottest ticket items or gift items for this year, 10, 15 people have the same idea of flying a drone over this event and it crashed against one another and then dropped into the crowd. Right here we see Calle Ocho, the Calle Ocho Festival where we have over a million people, and not just locally; from all over the world, globally coming to our City of Miami. Again, imagine, instead of that empty stand, if a drone would fall and hit several of these people. And lastly, I'm showing the Coconut Grove Arts Festival. Now, as I've mentioned before, we host numerous events from the ones that I've mentioned to Art Basel, Ultra Music Fest, International Boat Show, the Miami International Boat Show, so there's numerous events that we host, and they're all coming up. So what we're trying to do is pass legislation that would bring a tool -- give a tool to our local law enforcement in order for them to do -- and be able to do their job, which is public safety. I want to show a video of something that we would look for, once this is passed, to obtain for our local law enforcement, so you could see that once we understand that someone's violating our laws, we could actually bring down one of these drones in a safe manner. And I don't know if everyone could see, but you have someone in a truck flying a drone from a very far location where you can't even see him. However, a law enforcement officer, using one of these new technologies, could actually safely bring down the drone. And I want to point again that this isn't necessarily enforcement. This is public safety. This is being able to bring down one of these drones prior to it going into the crowd and hitting numerous people and causing numerous injuries. Thank you. And you could tell that's from Battelle and Drone Defender. So, again, this ordinance is not intended to preempt FAA (Florida Aviation Association) rules, but to operate in conjunction with those rules to promote public safety while recognizing the limitations in the FAA's enforcement capability. And what I'm -- and when I say that it's not intended to preempt FAA rules, I am working with the different industry and the different organizations. I have reached out to every organization that reached out to us within a reasonable time, and I'm talking reasonable time as of yesterday at 5 p.m., 6 p.m. Whoever wrote to me or reached out to me, we discussed it with them. As early as today, at approximately 8:45 in the morning, we were talking to the FAA -- various attorneys from the FAA from Washington, so we are trying to work in conjunction with all these organizations, including Google and some of the other organizations that have reached out, and I believe that we'll have some amendments to address some of their issues and some amendments that were suggested by the FAA, and like I said, we're not looking to preempt their rules; we're looking to work in conjunction with them, and I think we will be able to do that. So I would actually like to ask Marco Perez -- because I want to open up for discussions, but I would like to begin with Marcos Perez from our Police Department, as he came before. He is with the Emergency Management of Homeland Security. I also -- before he speaks, I also want to thank Sergeant Borroto with Aviation Department, because he has also been instrumental, and, you know, all these questions that we've bounced off of him and gotten information. So Officer Perez, do you feel that this would give you the tools, the resources you need in order to enforce and be able to have, again, the tool to provide public safeties in these events? Do you feel like this is needed, this legislation is needed? Officer Marco Perez: Absolutely, Commissioner. I think this is an excellent tool, excellent legislative tool that is in the best interest of public safety. We have millions of people going to come downtown Miami throughout the year and visitors that we have to give the positive spotlight and provide the security that we can. Commissioner Carollo: Is there anything you want to put on the record? At the same time, I know you also have different ways the drones could be used. I don't know if someone from my staff -- you want to show that? And this was -- Officer Perez: As of today, we've got a -- think she's got the link. Commissioner Carollo: Yes. This was provided by Officer Perez from, I believe, YouTube, so you could see that this could possibly be real issues that our police, our local police are having to deal with. So you could see that these drones can be used in many different innovative ways that City of Miami Page 38 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 could cause a lot of harms, and we're trying -- and that's why we keep focusing on the public safety priority to something like this happening, being able to bring it down right away, being able to act as opposed to what we would do now, which is get on the phone and contact the FAA and have a discussion with them and let them know the situation. And the problem is that right now, if anyone sees something like this happening, especially in any one of these public events, the first thing they do is call 911, call the police, so we need to give them the tools, the resources in order for them to be able to act. And again, I saw this today for the first time, and it was provided by Officer Perez from -- I believe it is YouTube - maybe Hobbit Kingdom. Chair Gort: My question with this here is the way it was going to be enforced. Can you explain it? Could you go over it again? I think it show in the video, but I want to make sure that people know the City of Miami can do it. Because not only the public safety that the drones can drop, but at the same time, it can be used by terrorists -- Commissioner Carollo: Yes. Chair Gort: -- to cause problem, and very easily, it can be used. So they really need to have a permit to go over any of those functions. I don't have any problem with that. Officer, could you Officer Perez: Sure. We've looked at several mechanisms used in the private sector to bring drones down. The one we've highlighted there is called the Drone Defender. "It's something that we have to purchase through a Federal entity because of communication laws but partnering up, hopefully, with a Federal entity in order to purchase it. Basically, what this does, it blocks out any other communications. It just -- it basically covers the drone completely, and then the operator of that weapon would be able to lower that drone down safely any spot he wants. He takes full control of the drone. Chair Gort: Thank you, sir. Daniel J. Alfonso (City Manager): May I ask a question, Mr. Chairman? Chair Gort: Yes. Mr. Alfonso: Officer, you say you have to purchase this through a Federal agency. So this is not an item that we can regularly procure? Officer Perez: No, sir. We would have to go directly through a Federal entity, a Federal department to buy it. We would have to partner up with somebody. They would not sell it to us directly, no. Mr. Alfonso: Okay. So the manufacturer wouldn't sell it to us directly? It has to go through a federally approved agency? Officer Perez: That's correct, sir. Mr. Alfonso: Okay. Chair Gort: Homeland Security. Mr. Alfonso: Do you have any idea how long that might take? Officer Perez: No, sir. Chair Gort: Commissioner Russell, you're recognized. City of Miami Page 39 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Russell: How reliable is the technology with regard to commandeering a drone? Is there a risk that a drone flying over a crowd when the signal is jammed and an attempt is made to take over the controls that it actually disables the drone and it falls into the crowd because of that? Officer Perez: I don't have any solid numbers on that right now, but according to the manufacturer, and they want to demonstrate it to us, what it does it blocks everything out and you're now in full control of that drone. You can make it fly up and down and sideways. You control the drone, and you actually kind of force it down so it controls all the -- it basically hubs that drone completely so nothing goes in, and you control it all the way down. The exact numbers we don't know until we get a chance to really speak and -- with the manufacturers and start knuckling down some of those numbers. Commissioner Russell: So you're basically jamming the signal around it and then guiding it directly by -- Officer Perez: Guiding it -- Commissioner Russell: -- pointing -- Officer Perez: -- directly down. No other signal will go through. Commissioner Russell: So, theoretically, if someone bumped the officer and he is jamming a signal, but he moves away from it, it could possibly just drop out of the sky? Officer Perez: I don't think it'd drop out of the sky, because if you bump them out, then the original signal goes back up to where it was, so, you know, unless the operator is forcing it down also, which will be probably just the opposite because he's trying to get the drone up, so I don't see -- Commissioner Russell: So it's not fully predictable what would happen? Officer Perez: It's not fully predictable, no, sir. Commissioner Russell: Thank you. Chair Gort: Thank you. Yes, sir. Mr. Alfonso: I'm sorry, sir; I have another question. Chair Gort: City Manager. Mr. Alfonso: It's interesting, because it's new to me as well, sir. Officer Perez: Yeah. Mr. Alfonso: Is the control device directionally line of sight, so if something obstructs it, you lose -- Officer Perez: Line of sight. Mr. Alfonso: -- control, so it has to be line of sight. Officer Perez: Got to be line of sight, correct. City of Miami Page 40 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Alfonso: So if it goes behind trees or behind a -- Officer Perez: We won't be able to -- Mr. Alfonso: You will not be able to, okay. Officer Perez: No, sir. It's got to be direct line of sight. Mr. Alfonso: Thank you. Commissioner Suarez: Mr. Chair, if may? I'd like to -- are you going to make a motion, Commissioner? Commissioner Russell: I'd like to discuss further, if we can. Commissioner Carollo: Yeah. Commissioner Suarez: Okay. Can I discuss that? Chair Gort: Are you finished? Commissioner Russell: Yes. Well -- Chair Gort: Go ahead. Commissioner Suarez: Okay. So, I think we're talking about how to disable the drone, and I think that's sort of an interesting discussion. My support of this on first reading, and I would support it also on second reading, is based on sort of reporting and finding out who is in control of these drones, particularly when you talk about a large event. And I think when you -- to me, what's evident is when you walk into an airport, they make your take off your shoes, you know. To me, that means that your shoes somehow can be dangerous. And if your shoe, which is fairly small, can be dangerous, then certainly something can be put on a drone that could be equally dangerous, an explosive of some kind, or whatever. And I think what the Commissioner's trying to do is just give us another tool to find out, you know, who's flying these things; and certainly, if someone is not registered, then we can also talk about how they can be disabled, and that is another -- you know, I suppose another conversation. Look, I think that -- and we had General Nuriel from the Israeli Armed Forces here earlier. Threats to this country and to our City are unpredictable, and we have to try to do everything that we can to reduce the unpredictability of these threats. That doesn't mean we have all the answers or all the solutions in one sort of set of -- pieces of legislation, but I think we need to try to advance the ball, you know what I mean, even if it's one step at a time, and I think this does that, so, you know, I'll support it, but I'd be willing to listen to other arguments. Chair Gort: Thank you. Yes, sir. Commissioner Russell: I'd like to offer a little bit of a different perspective to it, and I'd like to start by saying, I absolutely do support the legislation. I think the safety is paramount, and I appreciate that Commissioner Carollo's brought it forward, and I understand the time sensitivity with New Year's coming and the reasoning for that. A couple things. I'd like us to look beyond New Year's and recognize the potential consequences or unintended consequences of this legislation to events going beyond and other uses of drones going beyond. Miami is a very young and growing city, and one of the big things in our community is technology, and there's a very strong millennial community that's involved in technology, and there is a whole good side of drones, as we should be respectfully concerned with the safety, because the absolute worst -case City of Miami Page 41 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 scenario should always be on our minds in every decision we make. I'd hope that we don't create this into an Pits versus them'conversation, and so, in trying to learn and do the research as you've done, I reached out to the drone community, at least some companies I know that operate drones and people that use them in various capacities just to learn their point of view, and I was kind of surprised because I really thought they would reject this sort of legislation out of hand, but in fact, I was surprised to learn that they would support this because they don't want their growing industry to get out of hand and a few bad apples mess it up for them. Commissioner Suarez: Exactly. Commissioner Russell: So I think, if we really incorporate their expertise and knowledge and support as we craft the legislation -- and we can -- and I'm going support it today -- whatever we can do with this to make sure that New Year's happens safely and that we have -- but as we look forward and possibly even today, that we can craft some amendments that might bring the drone community's concerns into legislation. There are people using the drones for an amazing array of things, other than just filming a concert or an event or, you know, causing -- you got your recreational hobbyists; you got people that are now able to make cinematic photography that we, as citizens, could never do before without a helicopter and a -- you know, they're working in the film industry. A huge part of the commercial side of drones is real estate photography. Commissioner Suarez: It is. Commissioner Russell: A whole industry has popped up to where a local real estate agent can make their property listing look like it was filmed by George Lucas just by hiring a local drone operator. And so, if I could offer just a couple of the specific concerns with the legislation that the drone community has voiced, and if that's -- if it's too early to do that in this conversation, I'm glad to wait. But those are just some of the things I'd like to -- and I think there are some people from the drone community here who would like to speak as well. Commissioner Suarez: Mr. Chairman. Chair Gort: Well, my understanding is this is only for special events, major events. Commissioner Suarez: And -- Chair Gort: And this ordinance -- am I correct? Yes. Commissioner Carollo: Yeah. Mr. Chairman, if I may? First of all, I appreciate both of my colleagues' statements. Andl want to say to Commissioner Russell, that's why I purposefully did not just show New Year's Eve. I think I could have made my point just showing last year's New Year's Eve, but I purposefully showed Calle Ocho, the Calle Ocho Festival, and the Coconut Grove Arts Festival. I could have also showed the Boat Show, but now it's going to be in a different setting and so forth, but there's lots of events. I could have showed Art Basel, but I purposefully showed additional events, not just New Year's Eve, to, I guess, indirectly let everybody know this isn't just about New Year's Eve. Obviously, it's the one that's coming in a few weeks. Obviously, it's going to be televised live nationally. However, we host enormous amount of events. And, by the way, we already committed to the various attorneys from Washington from the FAA that we will continue this dialogue with them. And as a matter of fact, already, today, I'm prepared to make some amendments in order to be working hand in hand with them, so this isn't us against them or us against the drone industry. It's definitely not. We want to work in conjunction with them. As a matter of fact, we have yet another amendment that we're going to be introducing, and the City Attorney has the language, in order to address the commercial part. So the broadcasters, the realtors, and, you know, those type of industries. And at the same time, Commissioner Russell, this is evolving. This industry is evolving faster than laws are being made, so this is an ever -evolving, you know, legislation. As a matter offact, I just City of Miami Page 42 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 mentioned Palm Beach is now thinking of drafting legislation. We will be the first in this state, one of the first in the nation, but at the same time, even the FAA, I think, now are in the works to draft legislation, and I think they realize the importance and possibly even the void that there is right now, so they understand that we need to give that tool to local law enforcement. And, yes, I'm a former law enforcement officer, but you have them right here. You know, they're telling them, Give us that tool. "Give us that tool, Commissioner. "And again, enforcement aside, public safety. You know, if there's a drone, if there's various drones flying over one of these events, someone's panicky, they're calling 911, "Give us tools, give us tools to do our job," so it's simple as that. But, yeah, I want to make sure that everyone's very clear. This isn't us against them. I think this is really all of us working together, and I think some of these coalition, I guess they found out about it a little late, even though it's been out in the media for, I would say, about a month, but we are going to make amendments to show that we're just not talking; we actually are working in conjunction with them, with the FAA, and realistically, with everybody, our Police Department, our aviation unit. So, really, we want to be at the cutting edge of technology. Commissioner Russell: Agreed. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, you're recognized. Commissioner Suarez: Yeah. I guess what I was going to say is, first of all, I love to hear what the drone community, how they feel about the legislation, so I have no resistance at all to hearing their concerns, but this doesn't -- first of all -- and by the way, I'm a real estate attorney, so I totally respect, you know, the use in that field. This doesn't prohibit that use in any way, shape, or form, and certainly, it doesn't even require them to register for that use in this -- in that particular case. I think all this is doing is just saying, "Look, if you're going to fly one over a public event, we want you to get a permit." Just because -- we're not saying you can't fly it over a public event; on the contrary. We're saying you can fly. Commissioner Carollo: Right. Commissioner Suarez: So it's not prohibiting them from doing anything. The only thing it's doing is in one circumstance, we want some sort of registration simply because we want some accountability. We want to make sure -- we want to know how many there are because, you know, there may be a thousand of them flying in a major event, you know, and I think those are the kinds of reasons why it makes sense to have some sort of accounting mechanism, if you will, for us to know who, when, where, et cetera. But I don't think it prevents anyone from doing anything, other than not flying it with a permit in a public event, which I think is a reasonable requirement since we want to protect people, and I think that's all we're trying to do here. I mean, I don't -- Chair Gort: Listen, one of the things that require is for you to come with information that you already said how it can be -- safety being brought down, but at the same time, how people going to be able to register, if they going to be able to go to the web site and register themselves and ask for requirement to participate in a special event. Do we have that on -- Officer Perez: No -- Chair Gort: -- or we still have to work on that? Officer Perez: -- we don't have that mechanism in place yet, no. Commissioner Carollo: But at the same time, Commissioner Gort, we need to pass legislation in City of Miami Page 43 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 order for them to get the process moving or the process in order. It shouldn't be that difficult. And at the same time, you know -- And just so you know, one of the amendments that we're thinking, instead of calling it a permit, it's going to be a registration. You need to register with the City of Miami just to make sure that there's no confusion, that the one who permits this is the FAA, but you still need to come and register so we know exactly what it is, and part of that process -- one of the first question is going to be, "Do you have permission from the FAA?" The answer is "no" -- Commissioner Russell: You don't get tally. Commissioner Carollo: Exactly. So it is working in conjunction with them. Commissioner Russell: But there is a permitting aspect, correct, because we're trying to limit the number over an event. It's not just anyone who registers can be there flying. We're trying to actually control the number of flyers, like if -- at one event, right? Commissioner Carollo: It -- we can, if we're seeing that we have too many. That will not be -- you know, that -- we're not the policy body. That will be our law enforcement that would say, "Hey, we already have 'X' amount registered" and then they will make the determination; or speak to the FAA to say, "Listen, we have this situation, " but it allows at least a heads up that this is what's going on, as opposed to being totally surprised. It's right after Christmas, and next thing you know, you have 20, 30 of these things flying; what do we do? And you obviously realize that we have a large potential of an accident and causing chaos through our city and through the nation, by that matter, because in all fairness, it will be televised live, and this is not just for New Year's Eve. I mean, you have other events: Ultra stream live -- you know, live on the Internet. I mean, there's other events. So, again, we're just trying to be proactive in order to be able to make sure that we have that balance between this new technology and public safety. Chair Gort: Okay. Commissioner Carollo: I don't know if anybody else wanted to speak. Unidentified Speaker: Open to the public? Yes. Chair Gort: It's open to the public, of course. Unidentified Speaker: Open to the public? Commissioner Suarez: I think it's a -- it's an ordinance, right? So it has to be -- Williams Armbrister: Unless I'm wrong, none of you gentlemen sitting there or ladies here and gentlemen here have any technical logic -- technological -- logic on -- or understanding or learning of how these drones are going to operate. When you -- you cannot manage drones that are not licensed or registered. You cannot -- if a truckload of drones are sold in Jacksonville and they all come here, once you open up the bag, you cannot control it. If you want to take into consideration these drones, let the law enforcement and Fire Department take them through a trial period, and you can continue discussions for at least a year, because technology is moving faster than you're going to be able to keep up with it, so you're jeopardizing the safety of the citizens in South Florida by you approving drone usage, and it's not proven how far the baby's going to go once they're born. You're making a baby here, and you cannot regulate it. Until something has been established to where drones have like a serial number on a car to where it can be traced to the original owner or something of that nature, you just can't keep track of this. Why make a baby if you ain't got a crib for it? You understand what I'm saying? Chair Gort: Yes, sir. City of Miami Page 44 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Armbrister: So, to just continue this discussion for years and allow the law enforcement department and Fire Department to utilize these things. And who's going to pay for the drone busters? Is that going to be taxpayers' dollars? Whenever they're being -- whenever they're in operation, there ought to be law enforcement; there ought to be someone from the law enforcement there to see that the drone doesn't leave the site that it's proposed to be used. We can't control this thing. Don't make a baby until you get a place for them to live. Chair Gort: Thank you, sir. Next. Rick Wygant: Good evening. My name is Rick Wygant. I'm the president of the Miami and Fort Lauderdale Drone User Group. And I have to apologize; I got into this late. I heard about it actually while I was in DC (District of Columbia) and New York last week, so that's how far, you know, this Commission is known. And you took everything I was going to say. I can't disagree with any -- you're right, you're right, you're right; Officer Perez, you're right. It's a safety issue. It's going to be difficult to control, to the gentleman who was just speaking. The industry is trying. These are my drones over here. I mean, doesn't matter if it's registered or not; I don't want one of these things falling on me, and that's a concern. There's a flip side to it, though: the benefits to Miami economically. So the ordinance, as I've read it -- and it's great to hear that you've already made amendments, you've already changed some things that we were going to recommend. I handed out my written testimony. If you want to just look at one of those pages, you want to see all the uses, go to the third page. There's a whole list of uses for it, but they have to be regulated, so there is an economic benefit to Miami, because these things aren't going away. To the gentleman who was just up here, unfortunately, they're not going away, and they are going to be handled -- they're not toys. They're going to be handled by kids. So, registration, number one; safety, number one, with a balance of how do we use these to benefit us economically, safety -wise, law enforcement, rescue, fire. You'll see in that document, I've listed a number of areas where this has been used around the world, and you can go to each one of those links, and there'll be videos there. So, the only thing I'd have to say is what we want to recommend -- first of all, I was going to recommend that this voting be deferred. After what I just heard, I take that recommendation back, because you're already making amendments. The reasoning behind it is fantastic. One question I do have is, it appeared in the ordinance that this is for the whole City of Miami. There's a clause in there that said for the rest of the City and not just for special events, so I'd wonder about that. Commissioner Carollo: IfI may, Mr. Chairman? Chair Gort: Sure, go ahead Commissioner Carollo: It's for the whole City that -- it's for the whole City; however, events within the whole City. Mr. Wygant: Okay. Okay, then I misread that. Commissioner Carollo: Right. So it -- Mr. Wygant: Got it. Commissioner Carollo: -- it's these large events within the whole City. Mr. Wygant: Okay, so one -- a couple more points, then I'm done. Who brought this to me was actually the Legal Affairs attorney for DJI, who makes these drones. They're the world -leading drone maker, and he helped me put together my written statement. So I'd encourage you to read it, just look at it, consider it. And the only recommendation -- final recommendation I have is that we put a working group together, working group that includes you. I was talking to Officer City of Miami Page 45 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Perez earlier today. I'd be happy to help organize that, bring in some experts so we do have a balanced approach beyond New Year's Eve, beyond these special events -- Commissioner Carollo: Absolutely. Mr. Wygant: -- so we can have both sides of it: the safety with economic value, with frankly, the fund the drones bring. Thank you very much. Chair Gort: Thank you. Yes, sir. Mr. Wygant: Thank you. Matthew Grosack: Matthew Grosack. I'm one of your constituents. I want to compliment the Commission on their efforts to get involved into the drone safety dialogue. It's an important dialogue that we have to have. I also happen to be a constituent of AUVSI (Association for Unmanned Vehicle Systems International), which I believe sent you, Commissioner, a letter earlier today. And I'm here to -- on behalf of their corporate, to kind of express -- re -express some of their sentiments. Again, they want to commend your efforts. You know, it's also the purpose of AUVSI to promote the safe and accountable use of drones in the sky. Some of the concerns that they have with this ordinance, however, is that it might be repetitive or, in many ways, in opposition to some of the existing regulations at both the Federal and State level addressing safe and accountable drone use, at least in Florida. We have Senate Bill 766. There are already temporary flight restrictions on drones at the Federal level, which are actually more restrictive than the ordinances that are being put forth here, so just -- I'm an attorney. I'm an attorney that actually works in the space. I have some concerns, at least from an industry perspective, as to how this law might be viewed by the drone operator, which -- you know, the question might arise, which -- "Well, which law am I operating under? Is it the Federal set of rules, which are more restrictive, or is it Miami set of rules?" So that point being said, you know, I'd actually -- I'd agree with the speaker that came up here before. You know, I think there should be some more dialogue with the industry on what should -- what this law should look like. Also, I see this as a very important opportunity to your point, Commissioner Carollo, to be at the forefront, because we want to be at the forefront; and I think a very good way to being at the forefront of this issue is to put out some type of legislation or some type of efforts to have education about the law enforcement and the public perspective about the existing regulations that are out there from both the Federal and State level. That's the opportunity I think for this Commission right here. And I'd encourage, whether through dialogue with the AUVSI or other industry proponents, that the Commission take that up. Thank you. Chair Gort: Thank you, sir. Next. Chip Iglesias: Good afternoon, Mr. Chairman, Commissioners, Mr. Manager, Madam Attorney. My name is Chip Iglesias, representing Google on this matter; offices at 2 Alhambra Plaza, Coral Gables. And Commissioner, thank you for your leadership on this. Certainly, we wanted to and have communicated with you, albeit late, and I appreciate your openness on new ideas and concerns, certainly from the standpoint that fully understand the concern and the public safety nature, and the ordinance is certainly targeting the hobbyists and the recreational user. The unintended consequence could be -- and you spoke a little bit about it, right. A lot of the innovation that's going on, and so since the FAA regulates the air space and there are commercial users that have obtained their proper certificates through the FAA and operate within those guidelines, their concern about the unintended consequences of preempting, and you've mentioned that in your opening remarks, obviously, that you're not trying to do that. But we would certainly -- one of the suggestions that you're more explicit in the ordinance that, in fact, you're not preempting the Section 333 permit or certificate that operators have utilized, so one, I will certainly work with you -- you're trying and make that clear, because there are conflicts that currently exist between the ordinance and what a operator that has a certificate City of Miami Page 46 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 from the FAA is allowed to do, and so they're in conflict. So if the legislation is clear and explicit on the issue of that permit that has been obtained, the certificate, I think that there be folks that -- it's a little bit more clear and understandable, and I think it speaks to the other half of, you know, leadership and innovation and wanting to ensure public safety, but not impacting that which FAA has regulated. We have shared some language with Commissioner Carollo, and he's been working on that, and certainly hope for any amendments that further clarifit that. Commissioner Carollo: Absolutely. Mr. Iglesias: Thank you. Chair Gort: Thank you, sir. Anyone else? Brenda Betancourt: Good evening. Brenda Betancourt, 1436 Southwest 6th Street. Just a question: For those who are actually selling these drones, are there going to be any of this information provided for them so when they sell these drones to the people, they actually can sign something say, "Yes, I understand this is the new regulations that is going to happen, " or just anybody can buy and they don't understand exactly what the regulations are to use them? Commissioner Carollo: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Commissioner Carollo: We don't have any control over who sells these drones and their policies. I could tell you that part of the registration process for these drones for these special events will be an educational part where we inform them or inform someone that would want to fly these drones, how to use them, what are the laws; specifically, you know, following FAA rules and policies. As a matter of fact, when I first spoke to Officer Perez about this, this is one of the things that he stressed: make sure that, you know, we can educate the public. However, as far as, you know, a drone is sold and inside the box, there's an instruction, I mean, I don't -- we cannot control that. Chair Gort: Thank you. Next. John Perez: How you doing, Commissioners and Chairman? My name is John Perez with Sky Labs, and my associates, and I'm actually, you know, a pilot, commercial pilot. We're one of like the three exempt -- FAA -exempt companies that fly commercially. Starting off, I agree with all safety legislation, you know, foremost. We want to work with you to create a better standard, and I agree with everything. Just a couple of questions as far as the actual legislation when it's concerned with a commercial event. So, one of the things that was in there was if you are a registered pilot, you have to fly within half a mile from the actual event, so something that comes up is if it's in conjunction -- let's say we're doing some type of inspection for architectural design and it happens to fall within an event that's half a mile away, something to think about maybe would be to limit it or cap it out at 500 feet or something that's limiting to the event rather than extending it, because we would be, you know, in the wrong if we were doing something that has to do -- any type of inspection, anything else for the City, anything else involved, we would be interfering with what the legislation proposes, right? So, you know, that's a thought, something that we could do for it. Also, you know, something speaking about safety with -- you know, with law enforcement. As far as, you know, the guns that you have aiming for, that's technology also that we don't really know at what point in time, you know, we can actually have that, or how many years it would take to actually have that in hand. So it's a point of thought to actually come together and see how can we bring about safety measures. Because under the 336 FAA Modernization Act, all recreational, you know, drone users can just fly in right through it and it's okay, but the only penalized people are the commercial pilots. So at this point, we're like "What can we do for that?" Also, in the legislation, it says that you have to be registered within at least City of Miami Page 47 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 two weeks or registered -- Commissioner Carollo: Before the event. Mr. Perez: Before the event. So for that event, you need to register yourself within two weeks, right? Commissioner Carollo: We want the registration process to be 14 days prior to the event to give us time to do whatever we need and so forth. Mr. Perez: My question is, for example, let' say an event -- you know, they just -- because we did a shoot for Nike, and, you know, it was a permitted event that just recently happened, so at that point, it was requested within three days, "You know, hey, we need you guys to come over." So, in that case, is something that -- Commissioner Carollo: But was that shoot on a special -- on one of these large events? Was that shoot on a -- I don't know -- Art Basel? Was that shoot in the, let's say, Book Fair, the Miami Dade College's Book Fair? Mr. Perez: No. Commissioner Carollo: Or was that shoot somewhere else? Mr. Perez: So what would that -- Commissioner Carollo: (UNINTELLIGIBLE) -- Mr. Perez: So, what would constitute -- Commissioner Carollo: -- You have to follow FAA rules, but that is not what we're talking about. We're talking about these large special events where you have a multitude of people, and if one of these drones falls on this sea of people, this multitude of people, it's going to cause great bodily injury, and it could cause chaos through the City. Mr. Perez: I agree. Commissioner Carollo: So it's a little different. If you're doing a shoot, you know, somewhere else in the City or not on top of one of these large events, you're free to do it -- Chair Gort: Yeah. Commissioner Carollo: -- as long as you follow FAA rules. Mr. Perez: Right. Chair Gort: Yes, sir. Commissioner Suarez: Yeah. And I have a feeling I know what he's going to say, but -- because he's coming from the film industry. Mr. Perez: Yeah. Commissioner Suarez: So we want to be flexible as a city so that if you are tasked with a film job -- I know they do -- the turnaround is quick, and you are expected to take the job and run with it quickly. So what I'm getting at is, look, I'm not -- you know, I think the 14 days -- he put the 14 City of Miami Page 48 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 days in there, my guess -- I can't read his mind, but -- because we want to have some sort of ability to do maybe a background check. I don't know. You know, some sort of due diligence on the person just to make sure that this person is, you know, not a problematic person, just as an example. Mr. Perez: I agree. Commissioner Suarez: I don't know what the right number of days is. I understand what you're saying, from your industry's perspective, that the turnaround time sometimes can be -- I need you to cut something, film it -- Chair Gort: Hours. Commissioner Suarez: Yeah. Chair Gort: Could be hours. Commissioner Suarez: Yeah, it could be -- Mr. Perez: Yeah. Commissioner Suarez: I mean, you know; you're a photographer. I mean, you know that. So, I hear you. I don't know what the right answer is. Chair Gort: Let me ask a question -- Commissioner Suarez: Yeah, yeah, go ahead Chair Gort: -- (UNINTELLIGIBLE) simplify it. The FAA license, you have to go through a process. Mr. Perez: Right. Chair Gort: I imagine, they ask you a lot of questions. Mr. Perez: Right. Chair Gort: So, if you an FAA register, that makes it a lot easier for them to get the -- Commissioner Carollo: They have to. Mr. Perez: So -- Chair Gort: Yeah. Mr. Perez: -- being -- you know, speaking on that. So, if you are registered with FA -- let's say you're registered with the City as well, kind of -- establish kind of a system to kind of compose the competent pilots and have a database or some type of association where they're already in the system were in place; if they are needed from the City itself or they are needed for some type of event, it wouldn't take two weeks to have that pilot, who's already within the City, within the FAA, to actually work on whatever is needed at the time or permitted event. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, go ahead. City of Miami Page 49 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Carollo: Listen, this is evolving legislation. I mean, in all fairness, if we see that there is a need for that -- Mr. Perez: Yeah. Commissioner Carollo: -- we would definitely amend. I mean, this conversation is not going to end today. Mr. Perez: Right. Commissioner Carollo: I mean, this -- let's say, this is the starting point. Mr. Perez: Right. Commissioner Carollo: You know, the conversation will continue with the FAA, with the different organizations, with yourself. So this isn't something that once we pass this, this is it. I mean, as a matter of fact, we may have to amend in a few weeks, in a few months if the FAA comes out with new regulations -- Mr. Perez: Right. Commissioner Carollo: -- which, I suspect, they will because more and more municipalities are seeing this void and are coming forward with their own legislation or, at least, they're in the planning stages right now, and you will see it more and more. I just mentioned the Palm Beach Daily, which Palm Beach is starting to draft legislation they want to pass in January. Mr. Perez: Right. Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Mr. Chair, maybe what we can do -- and I don't know if it can be done in this legislation or some subsequent legislation -- is do sort of like a TSA (Transportation Security Administration) pre -check list where we have -- obviously, in the airport, you know, you can go through the regular line or you can sort of pre -- be pre -checked, pre-screened, et cetera, so that there is a -- obviously, a tremendously quicker time to pass security, and that's because all those checks have already been done. So, maybe there is a way to be on some sort of a pre -check, you know, where -- Mr. Perez: Something that could (UNINTELLIGIBLE). Commissioner Suarez: Yeah. What I'm saying, that you can condense the amount of time from 14 days to 24 hours, 48 hours, or whatever the case may be, so you have that sort of flexibility, but that person has already re -registered and has been vetted, et cetera, et cetera, so that whatever dangers associated with that, you know, could be lessened. Mr. Perez: Right. So even when the City needs the actual pilots, or whatever company they need and they're already (UNINTELLIGIBLE), and I agree. You know, the main thing is working together in order to conform to something that works. Commissioner Russell: Mr. Chair. Chair Gort: Thank you. Commissioner Russell: Mr. Chair. City of Miami Page 50 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Yes, sir. Commissioner Russell: To address your other question about the distance, you said if half mile might be restrictive, it could be several blocks away from the event that someone wouldn't be able -- or would be in violation if they were doing another activity with the drone. Do you have a requested or recommended distance that would be considered still safe for the event but not restricting the rights of drone users elsewhere? Mr. Perez: Yes. So something that would be considered safe would be capping it or underneath or up to within 500 feet. If you think about it, a mile is, what, 5260, 5,260 feet, around there? Half of that's like 2,600, so that's really far off, you know what I mean? So one event could take place, particularly -- let's say, Calle Ocho's taken on one side, and you're doing an architectural design that's half a mile away, then we would be in violation to the legislation, and, you know, that's a problem, so -- but I consider -- you know, as far as the drone community goes, I consider 500 feet to be something reasonable or underneath that or up to, you know, whatever you guys come to. Chair Gort: Thank you, sir. Mr. Perez: Thank you. Chair Gort: Yes, sir. Al Crespo: Well, here I am again; been a long time. How are you all? New Commissioner, you ain't going to call me names, I hope, like the last one. So, first off, see that little white drone there, that's not a professional drone. Chair Gort: Excuse me, excuse me. Mr. Crespo: Oh, Al Crespo. Chair Gort: Name and address. Mr. Crespo: Al Crespo, Miami Shores, 689 Northeast 92nd Street. That little white drone, that's -- kids got those. You know, your children, your grandchildren have those. There's absolutely no way you can control those things. You can't. You really -- you can pass all the laws you want to; nobody's going to control those. People can sit in the condos on Biscayne Boulevard and fly them right out the door of their condo and go do whatever. Now, the big drones, which are what I'm here to talk about, which would be the film drones, they're even bigger than this. Most of those are like four to eight foot in size, because when you're talking about shooting with professional film video cameras, the red eight and, you know, these cameras that weigh 15, 20 pounds, these drones can't lift one of those up. So you're talking about, sizably, large drones. My suggestion is this: You've got a film office. You issue film permits. The film office has got to be issuing, besides a special events permit, if they're going to be doing any filming at Bayfront Park on New Year's Eve that requires a film permit in this City. So you should have -- make a request that all the drone companies that are housed in Miami submit, you know, paperwork or some application process to able to be on a list of you know, identified and approved vendors for this particular service, and then, because this is a new technology, and some of the best people so far -- because they just got more experience and more opportunity to do this. It's not a -- this is not casting aspersions on local folks, but California companies. I know -- I have a dear friend of mine whose son is one of these guys. They're called "The drone guys," and they've done everything from Kiss to the Smithsonian Museum and all kinds of other events. And so, you're going to have to try to figure out a way to communicate with the film industry nationwide for those companies that are registered and licensed and, you know, are on record in these other states to submit some sort of paperwork so you've got a head start for those, because there is a City of Miami Page 51 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 difference between professional folks who have these videos who are going to use them for real estate, who are going to use them film projects and music videos and all those kinds of things, and like the gentleman said, with a long list of all the uses of these, and people who have these little white things, which you're not going to be able to do anything with. I mean, that's -- everybody, for 400 bucks, you can have one of these. And if you wreck it, well, some people just figure, well, they'll take the controller and throw it away and walk away. So thank you. Chair Gort: Thank you, sir. Anyone else? Alex Mandiola: How you doing? My name is Alex Mandiola. I'm actually one of 1,500 certified FAA 333 pilots in the United States. I'm not sure if you guys are aware, but there are -- at the moment, there are only about 1,500 of us. The main reason why I'm here is to touch base on your main concern, which is, who's going to be responsible if an incident happens. First off, I'm not sure if any of you have met with a 333 pilot to find out a little bit more about it. If not, I would just like to let you guys know a few facts. First off, with the 333, in order to effectively and legally use it and operate under it, you have to be a pilot. You have to have a pilot's license, and your drones have to be registered with the FAA, meaning that each one of your drones has to have an N'humber. What goes along with N'humber, you have to have commercial aircraft insurance. That's the main thing. I currently carry a $2 million policy, which is liability. It doesn't cover the cost of my drone, if it breaks, but it covers the cost of injury or medical expenses or property damage in case something happens. I think that's one of your guy's big concerns, because like the gentleman that was just up here said, the concern about the big film drones is going to be less of an issue for you guys as far as the little guys, because there's tons of people out here that are going buying their kids presents and they're going to the park flying them and they have no liability for that. But as far as the commercial operators here in Miami, I believe that, one, it would be great to have a meeting about it; two, that it's a big responsibility for us as far as the FAA. We have to file flight plans with the FAA; they have to be approved; and if they're not approved, we can't fly it. We also have strict regulations. I have -- this is a short version of my exemption. I have about a 60-page version of that. We have to abide by the rules. If the FAA doesn't approve, we can't fly, and I think that's one big thing that I just wanted to touch base on, because I don't think a lot of people here were aware that even if you do have this, you can't fly unless you're a commercial pilot. If you're a commercial pilot and you crash airplane, there's an investigation; same thing happens with the drones, and I think that's something that needs to be thought of as far as regulating on the commercial side, regulating against the people that do have this exemption. And I feel that if there's another act that we have to go through more processes to fly, then it's going to burden and it's going to move the drones out of the State, and it's going to move operators from other states from coming in. And as far as the film business, there's a lot of money to be made. There's a lot of economic growth to be made with drones. And I think they're a good thing for our community, as far as helping out, doing new developments, and whatnot, surveying, and as far as the future goes with digital renderings of new developments. Chair Gort: Thank you. Mr. Mandiola: Thank you very much. Chair Gort: Anyone else? Seeing none, hearing none, close the public hearing. Commissioner Russell: I have a comment. Chair Gort: Yes, sir. Commissioner Russell: One of the questions I have is about the scope of which events we'll be regulating. I believe in the wording, it says Permitted and non permitted events. "Is that -- Chairman, may I speak with -- City of Miami Page 52 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Carollo: Hold on. Commissioner Russell: -- Commissioner Carollo? Commissioner Carollo: I think we have for large-scale events, and we have the definition of "large-scale events," if you give me a second. Commissioner Russell: If it does include non permitted events, I was going to recommend, Commissioner Carollo, a possible amendment from your side of eliminating non permitted events simply for the fact that the permitted events are very finite; we know what they are, and we can actually instruct enforcement where they'll working on this versus non permitted events; it could be anything. It could be a beach gathering of kids. It could be -- Commissioner Carollo: Right. And the intention -- and I haven't seen the word "non permitted event, " but I do have, you know, the definition -- Ms. Mendez: We have ticketed -- I'm trying to find the non permitted. Isn't it -- Commissioner Carollo: Right. I haven't -- Ms. Mendez: -- ticketed and non -ticketed events. Is that what you're referring to? Commissioner Carollo: It's not -- I don't believe we used "non permitted. " I believe it's "ticketed" And -- Ms. Mendez: Right. Commissioner Carollo: -- you really realize, each one that we're looking at, it's a permitted event. Commissioner Russell: Okay. Commissioner Carollo: Even protests, you know -- I forget what was the number of people -- you still need to get a permit from the Police Department. You could still protest, and we will allow you, but you still need to get the permit, so that's -- Commissioner Russell: Thank you. It is only for permitted events? Commissioner Carollo: Yeah. Even though we don't have any language that says it's for non permitting events, yes, that's our intention, because you're going through the permitting process anyways because, obviously, it's a big event. It's a big gathering of people, or it's intended to be a big gathering of people; therefore, that's where we need additional public safety to make sure that, again, one of these drones doesn't fall and land on, you know, a sea of people and -- you know, the domino effect, which already's been mentioned. So, I think the City Attorney's correct that it says "ticketed" and "non -ticketed. " Commissioner Russell: Okay. It wasn't (UNINTELLIGIBLE). Commissioner Suarez: Can I ask a simple question? Chair Gort: Yes, sir. Commissioner Suarez: Is there any reason to fly a drone in a large public event, other than filming the event? City of Miami Page 53 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Ms. Mendez: You mean like policing? Commissioner Suarez: No. I mean, if you're a resident and you're flying a drone over a large public event, is there any reason to fly one, other than filming the event? Commissioner Carollo: I don't know. I mean, it depends how to the extreme do you want to go. Do you want to say, you know, someone may want to do a terrorist attack and, you know, now they don't have to blow up themselves in the middle of you know, an event; they could actually send a drone. So, you know, I think, in all fairness, if we play, you know, "what if," or we start asking these questions, I mean, it could be extremes. Why would people fly a drone for this or that? Now -- and, by the way, there clearly is two differences I know, and Mr. Crespo mentioned: the hobbyist and the commercial and the professional, so there clearly is differences, you know, and we're looking at a lot of hobbyists that now could buy a drone much cheaper than $400, and at the same time, the commercial aspect. We will have an amendment with regards to the commercial aspect of it, and it's in line with making sure that you follow FAA rules, and the City of Miami is not trying to preempt FAA rules, especially for commercial. Chair Gort: Commissioner, let me ask you a question. This is for the Law Department. If we were to pass this today, this would not take effect yet; it has to wait 45 days, am I correct? Ms. Mendez: In this one, we put an immediate effective date, so that means it takes effect today, or unless, obviously vetoed, but I mean -- Chair Gort: We pass it today, is the Administration ready to enforce all the requirements that we asking in here, the permits, the whole works, and all that? Mr. Alfonso: I don't think so. I think we still need to establish procedures in the department -- Commissioner Carollo: Right. Mr. Alfonso: -- who's going to do what exactly; where are we going to get the permitting process; we have to let people know where they're going to be able to go to get those permits. You know, this piece of equipment that was shown, you cannot acquire it off the shelf, you're going to have to work with some Federal agency. I don't think that's going to happen in a couple of weeks, but, you know, maybe we can talk to somebody about lending us one, or maybe somebody wants to, you know, have a little demo on a certain event. I don't know if that's what we want to do necessarily. There's certainly some liability issues that I think need to be responded to. I mean, I look to the Law Department as to how -- when we do rules and implementations of these policies in a matter of two or three weeks, I would be concerned some of the issues that might come up, but we can do our best, that's for sure. Chair Gort: The reason I ask these questions is we seeing a lot of things that have come up here, and maybe we can use the existing operator to do some of the work in those events coming up that you're worried about, but I think we need to get together and the police -- and I was stating before, the Police and Fire Departments got to work with these individuals to come up with -- I mean, I don't feel I'm the technician that can tell them what to do, how to do it. I'm not capable to do that. I don't have the expertise to do that. I think that has to be worked through a committee with the police and work with them together. Commissioner Carollo: Absolutely, absolutely. We're just giving them the tools, and the Administration will work out the details for how they go about it. As a matter of fact, yeah, I mean, but at least we're setting policy and we're giving them that tool that they need. Now, as far as all the different procedures and so forth, no; they will establish that. However, I have mentioned already, to be clear, that part of that procedure would be are you following FAA City of Miami Page 54 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 rules? Do you have this permit from the FAA? Do you have, you know -- And at the same time, you're educating the person who's coming before us, because this is all things that -- are rules established by the FAA. Unfortunately, not everybody follows rules, not everybody follows the law. As a matter of fact, that drone that crashed in the U.S. Open was illegally done, and that's why someone was arrested. So, in other words, if they don't follow FAA rules, it's not registered with the City, we're seeing a drone flying, we want to be able to give those tools to our local law enforcement to be able to bring it down and make sure prior to public safety, because, yes, once it crash, yes, of course, then the FAA is going to move and everyone's going to move, but the truth of the matter is, prior to having a disastrous event, I want to make sure that, you know, we are able to give, once again, the tools, the resources to our local law enforcement. Commissioner Russell: Mr. Chair. Chair Gort: Okeydoke. Commissioner Suarez, you asked for -- Commissioner Suarez: Thank you, Mr. Chair. Is there -- Chair Gort: Commissioner Suarez, you're recognized. Commissioner Suarez: Okay. So, I guess what I wanted to suggest is maybe a friendly amendment where if somebody pulls a film permit in the City that that would satisfy the registration requirement. Commissioner Carollo: We have an amendment that -- Commissioner Suarez: Is that -- Commissioner Carollo: -- will address that. Commissioner Suarez: Okay. Commissioner Carollo: That will be part of -- because they will be part of the -- Commissioner Suarez: I just don't want to create more -- Commissioner Carollo: -- permitting. Commissioner Suarez: -- regulation -- you know what I mean? -- and have to do, you know, another hoop that you have to jump over to get something accomplished. If you do something and -- that has essentially the same impact as this legislation -- because that's why I asked the question, "Is there any reason why they would fly a drone over a public event that's not filming -related?" There may be. I don't know. I have no idea. Commissioner Russell: Traffic monitoring. Commissioner Suarez: Right. I don't know if that requires a film permit or not, you know what I mean? I don't know. Commissioner Russell: Oh, I see what you're saying. Commissioner Suarez: You see what I'm saying? In other words, something that wouldn't require a film permit. I just don't want to create an extra layer of registration for the sake of registration, if you hear what I'm saying. Commissioner Carollo: What it does is it gives our local law enforcement a head's up -- City of Miami Page 55 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: Okay. Commissioner Carollo: -- of who's going to be flying at the event. Commissioner Suarez: Agreed. But what I'm saying, if they were to get a film permit, which currently exists in our -- that would also do that. Commissioner Carollo: Speaking to various individuals in the industry, representatives of Google and so forth, I think this amendment will address it. I believe it will, because it deals with the commercial aspect of it. Commissioner Russell: Mr. Chair. Chair Gort: Yes. Commissioner Russell: What is the best process for us to revisit this? As it is, it's going to be evolving legislation. Is it to do it as a pilot program, or is it to direct the management to give us a report in so many months? What's the best way to keep looking at it? Chair Gort: Well, mainly, what I was trying to do is -- the Commissioner's in a hurry the -- pass this, because he believes he can give the tools to police to enforce all that, and they'll have to come up -- back to us and let us know how they're going to perform, how they're going to do it, how they're going to be able to apply for the permit; they going to go on the website; if we going to have the equipment to make sure we can do that within three weeks, and this is something -- my understanding is, the Commissioner has some amendment that he wants to make to the present ordinance, and then we have to vote on it. And then, if it's passed, then we have to get the report from the industry, from the different groups that'll be working; and amendments need to be done, then we'll do them. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Commissioner Russell, like I said, this is the beginning of legislation, you know, and yes, I think it's a big part. We are in the forefront. We will be the first municipality in Florida. We will see what happens in January in Palm Beach and in other areas. We will see if the FAA does draft regulations, which, speaking with them, I believe they're in the process. So this is an evolving, let's say -- this is evolving technology, evolving legislation, so we will bring this back in the future to see if there's various amendments. And in the meantime, we will be working with the industries, we will be working with Mr. Perez, Sergeant Borroto; we will be working with the FAA, as a matter of fact, and that was part of our conversations today at 8:45, 9 o' clock in the morning, you know, because again, this isn't, you know, "us versus them" or anything like that. This is working in conjunction. Commissioner Russell: I agree. Commissioner Carollo: So, depending on how it evolves, there might be amendments, and I'll be more than glad to bring it back, you know, and see how we make this legislation even better, or what areas need to be addressed. Commissioner Russell: Are you open to a friendly amendment on this legislation with regard to the radius, bringing it down to, say, a thousand feet rather than half a mile? Commissioner Carollo: I will yield to our Police Department with that. I don't know what Mr. City of Miami Page 56 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Perez believes. By the way, that could be something that, in the future, could also be brought, and we'll see how it works, and then maybe we don't need the half a mile; maybe it can be 500 feet. I'm not sure. I could tell you, I don't feel comfortable saying flea'br flay. "I would -- Commissioner Russell: Understood. Commissioner Carollo: -- yield, so it's something that we could bring back. And, by the way, I have no problem bringing it back, you know, but I just want to make sure that at least we get the ball moving, and from there, see how it evolves. Chair Gort: I'm sure we're going to have to bring it back. Okay, why don't you read the amendments you want to put in the ordinance. Commissioner Carollo: Okay. So, I make a motion to approve with the following amendments: Number one, instead of the City of Miami "permitting," it would be "registering," so you will have to register, and part of the registration would be are you following the permitting guidelines of the FAA; is that correct, Madam City Attorney? I want to make sure that I'm stating it correctly, or I could let you state it. Ms. Mendez: Yes. It would be "registration, " so the ordinance would be for the registration of UAS (Unmanned Aircraft Systems) and not permitting. This will be a registration scheme. And what we did is throughout the ordinance, changed "permittee" to "applicant," and changed "permitting" to "registration" with regard to the legislation. Commissioner Carollo: And then the second amendment would be: "Notwithstanding the prohibition set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate a small unmanned aircraft in city air space, pursuant to Section 331 through 336 of the FAA Modernization and Reform Act of 2012 or Certificate of Waiver, Certificate of Authorization for Air Worthiness Certificate under Section 44704 of Title 49 of the United States Code or other Federal Aviation Administration grant of authority for a specific flight operation from conducting such operations in accordance with the authority granted by the Federal Aviation Administration." This should deal with a lot of the issues that was brought up, including some of the commercial uses, such as for the broadcasters and the realtors and so forth. Chair Gort: Okay. There's the -- there's a motion -- Commissioner Russell: Second Second. Chair Gort: Motion by Commissioner Carollo; second by Commissioner -- Commissioner Carollo: Russell. Chair Gort: -- Russell. Yes. The Ordinance was read by title into the public record by the City Attorney. Todd B. Hannon (City Clerk): Roll call on item SR.5. Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. City of Miami Page 57 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 FR.1 15-01367 Department of Parks and Recreation Mr. Hannon: Commissioner Russell? Commissioner Russell: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Gort? Chair Gort: To the Administration, I want to make sure that we get the police, the film to start working together to put a plan together on how we're going to implement this. And although we don't have another meeting till January, I would like to get copies to all of us on what are the procedures are going to be, okay? Thank you, sir. Yes. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Commissioner Carollo: Thank you, Commissioner. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/IN GENERAL", BY ESTABLISHING A NEW SECTION 38-19 ENTITLED "NAMING OF FACILITIES ON VIRGINIA KEY", THEREBY NAMING THE TRAIL AT VIRGINIA KEY BEACH NORTH POINT PARK, AS THE "MABEL FENTRESS MILLER WALKING TRAIL" HONORING MABEL FENTRESS MILLER FOR HER UNDYING DEVOTION AND TIRELESS EFFORTS IN THE AREA OF ENVIRONMENTAL RESTORATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01367 Summary Form SR.pdf 15-01367 Map.pdf 15-01367 Back -Up Documents.pdf 15-01367 Legislation FR/SR.pdf Motion by Commissioner Russell, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: SR.5 is a 3 o'clock time certain. Now we go to SR -- first reading. First reading, Mr. Manager. Daniel J. Alfonso (City Manager): Commissioner -- Kevin Kirwin (Director, Parks & Recreation): Good morning, Mr. Chair and Commissioners. FR.1 is an ordinance authorizing the City Manager to take all administrative actions necessary to effect the naming of a trail at Virginia Key Beach North Point Park as the Mabel Miller Walking Trail. City of Miami Page 58 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Thank you, sir. Is there a motion? Commissioner Russell: If I could just say a couple words? Are we discussing before the motion or motion (UNINTELLIGIBLE)? Commissioner Suarez: Either way. Chair Gort: Do you want to speak? Commissioner Carollo: Either way. Commissioner Suarez: Either way. Commissioner Russell: Briefly discuss just briefly? Chair Gort: Sure. Commissioner Russell: I just wanted to bring special attention to Mabel Miller and her efforts. I think it's really nice when someone who's quietly supported so much in the community gets recognition like this, and especially on a treasure like Virginia Key. The quote I read from Mabel Miller was "You cannot make them care if you don't make them aware,'and this was what was she all about, in environmental preservation and really fighting to keep Virginia Key as natural as it could be. And I'm -- just wanted to tell a little bit of her story. Yeah. Thank you. Mr. Kirwin: Thank you, Commissioner. And ifI could disclose for one moment to the Commission in that this item had been sitting for a while, and it's very timely, and that I knew Mabel personally, and she educated a young park manager at Crandon Park about all of these things, so she is not living in Miami anymore; she's in very poor health. And when we come back for the second reading, I know there'll be a lot of support, so thank you. Commissioner Suarez: Second the district Commissioner's motion. Chair Gort: Thank you. It's been moved and second. Public hearing. Yes, ma'am, you're recognized. Patricia Milone: Can I speak on this? Chair Gort: Yes, you're recognized. Ms. Milone: Oh, thank you. Thank you, Chairman and Commissioners. I was born in the City of Miami and now live in Redland, but Mabel Miller inspired me to preservation, and trying to educate youth too. I'm here to support the naming of the nature trail on Virginia Key for the woman who inspired citizens of the City of Miami and Dade County to save it. Mabel Fentress Miller is a teacher, a visionary, and an unsung hero. She explored Virginia Key, identified rare native plants, and envisioned the restoration of that long -neglected property. She recognized the value of that land as an open space for recreation and education. She fought tirelessly against those who tried to exploit it. Only briefly. Decades ago, when the Good Year Corporation proposed to turn Virginia Key into a blimp place, Mabel enlisted the help of caring citizens and formed Friends of Virginia Key to prevent the takeover. She believed that a few determined folks could save this valuable piece of paradise for the people and for generations to come. We attended City and County Commission meetings. We enlisted the help of Tropical Audubon and Sierra Club members. Mabel even -- at one point, Mabel even had us on the steps of the courthouse with signs to save Virginia Key. Visitors and residents may not know the name of the woman who spearheaded the movement to preserve and restore Virginia Key, but if the nature City of Miami Page 59 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 FR.2 15-01463 Office of the City Attorney trail is named for her, they will know her. And she is in very poor health, but she's very, very aware, and she's still trying to change the environment around her for the better, but it would mean so much to her if you would name the nature trail in Virginia Key after her. Thank you. Chair Gort: Thank you, ma'am. Thank you. Is anyone in the public would like to address this issue? Seeing none, hearing none, we'll close the public hearing. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney barn Barnaby Min. Todd B. Hannon (City Clerk): 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, 4-0. Chair Gort: Thankyou. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING SECTION 18-72, ENTITLED "APPLICATION AND EXCLUSIONS" TO EXCLUDE FEDERAL COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS FOLLOWING TITLE 2, SUBTITLE A, CHAPTER 2, PART 200, OF THE CODE OF FEDERAL REGULATIONS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01463 Memo - Office of the City Attorney SR.pdf 15-01463 Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: FR.2. Barnaby Min (Deputy City Attorney): Commissioners, FR.2 is a proposed amendment to Chapter 18 of the City Code to clarify that Community Development grants and HUD (Department of Housing and Urban Development) grants and other types of community development funding that complies with the procurement processes stated by the federal government is exempted from Chapter 18 of the City Code with our procurement process. Chair Gort: Thankyou. It's a public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Commissioner Russell: Second. Chair Gort: Second by Commissioner Russell. City of Miami Page 60 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 FR.3 15-01552 Office of the City Attorney The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item FR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Gort: Thankyou. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT, MORE PARTICULARLY BY AMENDING SECTION 2-211 ENTITLED, "DENIAL OR REVOCATION OF CERTIFICATE OF USE", TO PROVIDE A PROCESS TO APPEAL THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 15-01552 Memo - Office of the City Attorney SR.pdf 15-01552 Legislation SR.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Suarez Absent: 1 - Commissioner(s) Hardemon Chair Gort: FR.3. Barnaby Min (Deputy City Attorney): Commissioners, FR.3 is a proposed amendment to Chapter 2 of the City Code to allow for appeals of CU (Certificate of Use) revocations from the Planning, Zoning & Appeals Board to the City Commission. It also further authorizes those interested parties, other than the business owner, to have the opportunity to appeal. This is companion legislation to what was already presented to the City Commission on first reading last month for Miami 21 's amendment to Article 7. So assuming this passes, both will be corning back for second reading in January. Chair Gort: Okay, thank you. Public hearing. Is anyone in the public would like to address this one issue? Seeing none, hearing none, we close the public hearings. Questions. Comments. Commissioner Carollo: Move it. Chair Gort: Been moved by Commissioner Carollo. Commissioner Russell: Second. Chair Gort: Second by Commissioner Russell. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item FR.3. A roll call was taken, the result of which is stated above. City of Miami Page 61 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Hannon: The ordinance passes on first reading, 4-0. FR.4 ORDINANCE First Reading 15-01413 District 4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "BUILDINGS/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 10-5, TO DEFER BUILDING PERMIT FEES FOR AFFORDABLE AND WORKFORCE HOUSING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 15-01413 Legislation FR (v2) 01-14-16.pdf 15-01413-Submittal-Anna Medina -Email Regarding Title Discrepancy.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item FR.4 was continued to the January 14, 2016, Regular Commission Meeting. FR.5 ORDINANCE First Reading 15-01482 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 54/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES", TO ESTABLISH A REINSPECTION FEE AND TO MODIFY THE CRITERIA SET FORTH FOR THE ISSUANCE AND MAINTENANCE OF SIDEWALK CAFE PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01482 Summary Form SR.pdf 15-01482 Legislation SR (v2) 01-14-016.pdf Motion by Commissioner Russell, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Carollo Absent: 2 - Commissioner(s) Suarez and Hardemon Chair Gort: FR.4. Barnaby Min (Deputy City Attorney): It's been deferred. Chair Gort: It's been deferred. FR.5. Eduardo Santamaria: Good morning, Mr. Chair, Commissioners. Ed Santamaria, City of Miami Public Works. FR.5 is an ordinance amending the City Code, Chapter 54, to establish a re -inspection fee and to modify the criteria set forth for the issuance and maintenance of sidewalk cafe permits. I'd like to note also that we are considering between first and second readings to amend this to strike the word "certified." There is presently a requirement for a certified current survey. We are looking at removing the "certified" requirement. Chair Gort: Thankyou. Anyone in the public would like to address this one issue? Seeing City of Miami Page 62 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 none, hearing none, we close the public hearings. Commissioners. Commissioner Russell: Move. Chair Gort: Moved by Commissioner Russell. Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Todd B. Hannon (City Clerk): Roll call on item FR.5. Commissioner Carollo? Commissioner Carollo: Yes on first. Mr. Hannon: Commissioner Russell? Commissioner Russell: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. Mr. Hannon: The ordinance passes on first reading, 3-0. Chair Gort: Thank you. FR.6 ORDINANCE First Reading 15-01566 District4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Francis Suarez AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY ESTABLISHING THE CITY OF MIAMI VIRGINIA KEY ADVISORY BOARD, TO ADVISE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING THE MISSION, VISION, BUSINESS PLAN, GOVERNANCE, AND OPERATION OF VIRGINIA KEY, ITS ABUTTING PROPERTY AND BASIN, AND IMPLEMENTATION OF THE VIRGINIA KEY 2010 MASTER PLAN AS IT RELATES TO THE ENTIRETY OF VIRGINIA KEY; STATING THE BOARD'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT, QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 15-01566-Submittal-Greg Bush -Letter of Support.pdf 15-01566-Submittal-Blanca Mesa -Create an Urban Gateway to Biscayne National ParkArticle.pdf 15-01566 Legislation SR (v2).pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Commissioner Suarez: Mr. Chair, can we take FR.5? City of Miami Page 63 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: We have a time certain, the -- for 3:30; it's a little late, but the creation of Virginia Key Steering Committee. Commissioner Suarez: Thank you, Mr. Chair. This item is FR.6, and it seeks to finalize a process that's been ongoing for many, many months, in discussion with a variety of different stakeholders for our jewel, which is Virginia Key. Now, understanding that Virginia Key has a variety of different components; obviously, it has the Marine Stadium; it has the park; it has some of the improvements that we're doing to some of the public lands; and it has, obviously, a couple of marinas and some assets. The idea here is to fulfill the 2010 master plan, as it was envisioned which would call for all these stakeholders and surrounding cities, as well, that happen to be suing us, to have a voice in the future of this asset, this precious asset, which is, obviously, the City of Miami's asset, but I think we've said here on a number of occasions, it's really the region's asset; it's a regional asset. It's an asset that we all enjoy, and that we should enjoy, and that hasn't been active, and hasn't been activated, and certainly not completely in conformity with the 2010 master plan. So I've worked very, very hard on this with members of the UEL (Urban Environment League), members of the historic preservation community. It's sort of an olive branch, also, to Key Biscayne, because they have representation on this board, and it sort of took a back seat before the litigation began, and things of the boat show sort of took the front seat. And this is simply an effort to have all the relevant voices in the room as we make some of these critical decisions about how to utilize and activate this precious asset. I have -- it's a work in progress. This is a first reading. I do have some -- first of all, I want to hear your input, obviously. I love to hear what the community members who are here, and have waited for a very long time, and I thank you for being here. I have to say I do have some modifications that I want to make, as well, some amendments to my own legislation; one of which is to change the name to Virginia Key Advisory Board; another is to change the term limits from -- to two years, not one. And these are all, in many cases, at the suggestion of the Urban Environment League and the environmental community. And there are other recommendations. The other one is that a report should be given at least -- and made public at least once a year, and not on an as -needed basis, as is set forth in the draft legislation, so those are three that I'm ready to make right now. There are a couple of other ones that I might make for second reading, but I have to drill down on them a little bit more. And with that, I'd like to move the item. Commissioner Carollo: Second. Chair Gort: It's moved and second. Discussion. It's a public hearing. Is anyone in the public like to address this one issue? Greg Bush: Good afternoon. My name is Greg Bush. I'm director of the Institute for Public History at the University of Miami. Hello, everybody. I'm also vice president of the Urban Environment League, and I'm in that capacity here. I thank you for bringing this legislation forward; been a long time, and I think it's a really important step for the City, for the entire community, and for the island. The UEL was involved back in 1999 with the historic beach involved in trying to bring that forward with Gene Tinnie and Athalie Range. We pushed for the master plan; we were major proponents for the master plan for the entire island; eventually went to EDSA (Edward D. Stone, Jr. & Associates) to the tune of a million dollars. I mean, it's a long story that I don't want to go into any detail. I just want to say that we've been watching for a long time a lot of this process, and then we helped to lead the coalition against the EDSA plan, as you may well know, because it was too much commercial development. Now, I think that finally, the master plan that was passed in 2010 can really start to move; it's time. There were elements, like sustainable transportation around the island, enhancing open spaces, recreational spaces. Without getting into the obvious problems with the boat show, which we think is too gargantuan and all the rest, a key element of the master plan said -- and I use the language from your own website -- "A multi jurisdictional Virginia Key governing board should be created to guide the future uses of the island and devise an equitable business plan for all elements of the City of Miami Page 64 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 master plan." That was unanimously passed by the Commission. A brief side light, and that is that the master plan that is up on the website, especially in relation to the RFP (Request for Proposals) for the slips in the Marine Stadium, is somewhat different than the other master plan that was originally passed, and we question that, but that's another issue, but the bottom line is we want to thank you for your support. And I also want to pass out a letter from Gene Tinnie of the Virginia Key Beach Trust -- Commissioner Carollo: Chairman. Mr. Bush: -- which basically totally endorses this effort and -- I guess I just passed out my copy, too -- and you can see that the entire Trust thinks that this is completely appropriate, and a long time in coming, and thank you. Chair Gort: Thank you, sir. Yes, ma'am, you're recognized. Grace Solares: Thank you. My name is Grace Solares. And may I, Mr. Chair, for one second, welcome Commissioner Russell -- Commissioner Russell: Thank you, Grace. Ms. Solares: -- to the dais? Nice to see you here. And I would be remiss not to say that this morning, I watched an incredible performance by Commissioner Hardemon, because I never thought you were a numbers man. I thought the only one number man that we had here was Commissioner Carollo, and you did a real, real good thing this morning with reference to the rental of the cars in the City of Miami, and I guess it teaches Commissioner Sar -- now -- Commissioner Russell that you have to really look at the items that are brought before you, and really review them very, very well, because it turns out to be -- like this morning -- that it wasn't the best deal for the taxpayers of the City of Miami, so thank you and welcome. Now, I'm going to address this issue. Commissioner Suarez, as usual, thank you so much for coming out to help us out with something that was passed in 2010; however, I'd like to -- we're in support -- I am in total support of this, and I'm talking on behalf of Miami Neighborhoods United, and also of the Roads Association, because I represented both organizations in all of those meetings that took place that led to the 2010 meeting -- master plan; however, do you have the proposed legislation in front of you? Commissioner Suarez: Yeah, of course. Ms. Solares: Okay. If you could go to the membership composition -- Commissioner Suarez: Yeah. Ms. Solares: -- appointment and qualifications, which is under Section 2-1191. Commissioner Suarez: Yes. Ms. Solares: I think you ought to change the word, "One person shall be appointed by the Village of Key Biscayne; shall be appointed by the County Commissioner of District 2"; shall be appointed only because the Code of the City of Miami says as follows: "Except as otherwise provided herein or in the City Charter, City boards and citizens advisory boards shall only be created by action of the City Commission, and only" -- "only the City Commission as a body may appoint members to such groups." I think it should read, "designate, assigns," because otherwise, it will conflict with your next paragraph under "Removal." It says, "The City Commission shall have the power to remove any member who is a City appointee by majority vote, without finding cause." That means that you're limiting the City Commission to actually remove four people; the four that you're appointing; the rest, you wouldn't have any authority, so City of Miami Page 65 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 I think that needs to be changed, and therefore, the "Vacancies " paragraph also needs to be changed. So if we could possibly meet till this comes back really, really clean and in accordance with the Code -- Commissioner Suarez: Sure. Ms. Solares: -- I would greatly appreciate it, okay? Commissioner Suarez: Thank you. Ms. Solares: And also, if we could help you out, the Urban -- I was not speaking on behalf of the Urban Environment League, but on behalf of the Urban Environment League, I'd like to offer the organization to be actually the liaison between your office and the other organizations, so we can actually get the designations right away to you, because this came back once before and nothing was done. We would like to see this to get done right away and implemented. Commissioner Suarez: Absolutely. Greg has been very proactive, and we've been in discussions constantly, continually, and his hand is very much involved in shaping what we have here before us, so -- Ms. Solares: Okay. Commissioner Suarez: -- yes. And I think your friendly amendment, if you will, is well taken. Thank you. Ms. Solares: Thank you so much. Chair Gort: Thank you. Next. Peter Ehrlich: Good evening, Mr. Chair, Commissioners. Peter Ehrlich, 720 Northeast 69th Street. I'm speaking in favor of Commissioner Suarez' item. I very much appreciate Commissioner Suarez and his chief of staff, Melissa Stiers, who worked hard -- worked very hard on this item, and it's nice to see it coming in front of you. I'd just like to make a quick suggestion. Under 'Appointments," on Sub -Section 2-1191, Sub -Section 8, under 'Appointments." You recommend replacing the Friends of Marine Stadium. We suggest instead that you make as one of the appointees or designees the City of Miami director of Parks & Recreation, who I see standing over there next to your City Manager. In addition, just like to request that as part of the development on Virginia Key that you don't allow any billboards; particularly, any LED (Light -Emitting Diode) billboards. We have enough LED billboards in the City of Miami and Miami -Dade County; and also, to show respect for nature. Not every scrap of dirt should be turned into another commercial venture. Thank you again very much. Commissioner Suarez: Thank you. And I will -- first of all, I agree completely on the not having commercial signage on Virginia Key. I think that's, hopefully, a no-brainer for everybody here, but I think that's absolutely correct. As for your other suggestion, maybe what we can say is -- you know what? We'll work on it between first and second, but it's well taken. Mr. Ehrlich: Thank you very much for your consideration. Commissioner Suarez: It's well taken, yeah. Chair Gort: Let me tell you something, I think the Friends of Marine Stadium, we have some very good people that worked for years -- Commissioner Suarez: Yeah. City of Miami Page 66 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: -- working and trying to do something for the Marine Stadium, and I think, yes, should be a part of that. Commissioner Suarez: And I agree a hundred percent; that's why I didn't want to, you know, go ahead and -- Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: If I may, what I would like to suggest in number 10, maybe replace number 10 with the Parks director, and again, it's just -- because when I read it, I wasn't exactly clear on who this committee person might be, so it's just a suggestion. Vice Chair Hardemon: Or another -- Commissioner Carollo: And that way, you don't have to increase the amount of -- Commissioner Suarez: Numbers, right. Commissioner Carollo: -- individuals for the committee. Chair Gort: Okay, appointment from the City. Commissioner Carollo: So I think the number 10 might be a suggestion that you may like. Chair Gort: Vice Chairman Hardemon. Vice Chair Hardemon: Or you can give Virginia Key Beach Trust an additional person. Commissioner Suarez: Understood. Vice Chair Hardemon: They're on that, you know. Commissioner Suarez: I got it. So it will be 13 instead of 11. I got it. Chair Gort: Okay. Yes, sir. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I would also like to congratulate and welcome Commissioner Russell to his first Commission meeting. Commissioner Russell: Thank you, Mr. Cruz. Mr. Cruz: Looking forward to many good things. Thank you for being here. I would ask that the makeup of this committee be expanded to include a representative who would look after the interests of the recreational boater; specifically, the recreational motor boater. I say that for a few reasons: First of all, historically, we know that this stadium was built and the basin was created for motorboats; specifically hydroplane racers; however, in recent times, after the hydroplanes went away, the basin, the lagoon was very popular with water skiers, but now, I've been told they're not allowed to go, they've been chased away. It's less useful for the recreational motor boater. On top of that, as part of the original construction of Marine Stadium, there was a public boat ramp, which was included, as you remember, Commissioner Gort. Well, unfortunately, that public boat ramp stopped being open to the public many years ago. It is my hope that, as part of this effort, it will be reopened to public use; not just the private use of an City of Miami Page 67 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 individual marina operator. And Commissioner Russell, I know you probably have a lot of friends that like to use motor boats. I'm hoping that you can look after this effort. Chair Gort: Thank you. Mr. Cruz: Thank you. Chair Gort: Yes, ma'am. Blanca Mesa: Yes, good evening. My name is Blanca Mesa. I'm a member of Friends (INAUDIBLE) and the Sierra Club to organizations who have been very involved in Virginia Key over the years, going back maybe a couple decades, and support this ordinance -- this proposal; it's been long in coming. If we had had a committee in place, we wouldn't have the contentious situation we have right now. The island itself is a wildlife refuge, and I think it would be very important to have representatives of the environmental groups that have been working very had through volunteer efforts, holding inner city outing groups with the Sierra Club, in particular, for many years, so I wanted to support that. And I also wanted -- look forward to a committee like this to be able to explore partnerships with the National Park Service, which has considered parts of Virginia Key for a national historic site and partnership, and I think that if you look to those kinds of entities, you won't have to rely on commercial development in order to make it a -- you know, a viable place, but in any case, although some commercial development that's appropriate might bring some revenue, the primary purpose of Virginia Key development or non -development should be to protect the public interest and protect the natural resources, so I think this committee will help do that. Thank you so much. Chair Gort: Thank you, ma'am. Ms. Mesa: Also, I'm going to leave an article about the national park with the clerk; hopefully, they can make copies and provide it to you. Thank you. Chair Gort: Thank you, ma'am. Don Worth: My name is Don Worth. I'm a resident at 1390 Ocean Drive, Miami Beach, and I'm pleased to support this excellent plan. I speak from a Marine Stadium perspective; two positives and two points of interest. First, thank you for including the National Trust for Historic Preservation. They continue to remain very engaged in this project, and they can be an enormous asset to you. Second, thank you, also, for focusing on the sustainability of the Marine Stadium, which, in my mind, is the key issue, and with respect to that, I believe last July, you approved a request for letters of interest for potential Marine Stadium operators. I was actually here a year ago, speaking on that. I think you need to do it. I am aware of interest and it's that firm's information that this organization is going to need to make any kind of educated decision. You should know we'll be starting up the advocacy on the Marine Stadium in a couple months. Our goal is to swamp you with more emails than you've ever seen before. We did that two years ago because, frankly, the Marine Stadium has fallen to the bottom of the pile, and you need to understand that of all the issues you deal with, the -- your constituents really care about this. Finally, with respect to Key Biscayne and the master plan, I've had continuing discussions with several elected officials from the Village of Key Biscayne. I happen to favor the boat show, and that's a difference of opinion; we go back and forth. But the thing that the village is very concerned about, and I agree, is that the Marine Stadium space is going to morph into a year round mega event space, and one of the elected officials told me, "Don, they're taking you for a ride. They're not serious about the Marine Stadium; the City really isn't. They're just going to string you along, say they're too busy, find an excuse not to do it, because at the end, they really want to make money." I hope that they're wrong and that the benefit of this committee is to really make sure we look and pay attention to the master plan, which is really desired by the community. And I happen to think it's not a pipe dream, it can work. I am more confident than City of Miami Page 68 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 ever about the Marine Stadium, but it's going to take a sense of urgency and some creativity to move forward. Thank you. Chair Gort: Yes, sir. Next. Al Crespo: Al Crespo. I would first of all say I started writing about the Marine Stadium in 2012. I think I've written about 11 or 12 stories about the Marine Stadium, and even though I've been very critical of Friends of the Marine Stadium when Don Worth was involved with it, I would like to find somehow, somebody make sure that he gets on this board, on this advisory board, because even though we've had our differences, I do believe and respect the fact that he really does care about the Marine Stadium, and you need him on there. Now, when it comes to the Friends of the Marine Stadium, a year ago, I stood before you and told you about the double dealing that some of those individuals were involved in. You know, you should not overlook that or brush that under the rug. Remember what happened a year ago. They brought a deal before you that stank, that was really underhanded and was geared to screw the taxpayers and everybody else, and part of that deal was that two of the board members of the Friends of the Marine Stadium had cut themselves in for a sweetheart deal to -- for self -dealing; that they were going to get the contracts to do the architecture on that deal. You should not forget that. You should not allow those people, after what they did a year ago, to be appointed to anything having to do with this stadium. You know, this was -- you know, if you're going to show some best practices and ethics in government and clean this place up, then you start with the people who tried to screw you a year ago. Thank you. Chair Gort: Thank you, sir. Anyone else? Gary Milano: Good afternoon. My name is Gary Milano. I'm representing Tropical Audubon Society. I'm a board member. We support this ordinance. I've worked for DERM (Department of Environmental Resource Management) for 32 years. I retired recently, and I worked back in 2007 with the development of this master plan with the community, and I just can't tell you how happy I am to finally see this coming together, because this was one of the major elements to the master plan. Group needs to be balanced, there's no question. We've had some good comment, and I'm sure both Commissioners are going to do their best to put that together. And I do want to thank Commissioner Suarez and his staff, and Commissioner Russell and his staff for helping us put this all together. There's two additional modifications that I would just propose. And under Section 21192, under "Purpose, Power and Duties," I'd like to include environmental restoration and preservation as one of the duties, because I think Virginia Key has so much treasure as far as its natural resources, and there's so much potential for additional restoration on the island. In addition, to support one of the earlier speakers, there are six government personnel on this group right now, and there's 11 total. I know that's going to be adjusted. I would support another person that is either a Tropical Audubon Society representative or a Sierra Club representative, because, as was said earlier, they worked very hard in the development of the master plan to bring a consensus together with the community. Thank you for your time. Chair Gort: Thank you. Let me add a little something which I think is very important. I think this Commission here and the Administration have worked, and wanted to work, and continue to work to establish the Marine Stadium. This is the number one goal that we have done, and it's a commitment that we have, and we're never going to get away from that. Yes, ma'am, you're recognized. Dolly McIntyre: Dolly McIntyre, Dade Heritage Trust; offices at 190 Southeast 12th Terrace. We are, of course, in support of this; have been for a long time; and we'll just say, we're five years late, guys, let's get it done. Thank you. Chair Gort: Thank you. Anyone else? Okay, seeing none, hearing none, we'll close the public City of Miami Page 69 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 hearing. Yes, sir, you're recognized. Commissioner Suarez: No, I just want to say, you know, I'll review the record on second, and I'll, you know, try to -- you know, I don't want to -- we -- the composition as proposed, I knew would be a subject of debate and discussion; at the same time, we also have had a lot of internal conversations on it, and I don't think there's ever a perfect number of composition. It's gotten bigger and smaller, and bigger and smaller, and so we vacillated there, so I would just say that. I would agree with something that Don said, and I also agree with something that Mr. Crespo said about, you know, his involvement, and I do really feel that we're closer than ever to taking that sort of next leap forward to getting the Marine Stadium restored. And I would say, you know, when Commissioner Hardemon came onboard with us, I issued him a couple of challenges, and I have to say that he has handled those challenges magnificently since I was elected; one of them being to get the CRA (Community Redevelopment Agency) going, and get those funds spent down, and get those projects done for a community that was so much in need of that help. And so the other day, I was at a community meeting that was publicly noticed, and Commissioner Russell was there, and I sort of issued him a challenge on Douglas Park to get that opened, and something that -- it's a jewel for both of our districts and for the entire City, but I think this is another worthy challenge, which is -- you know, we were in the midst of -- we are in the midst of litigation, and we were in the midst of fairly detailed settlements with the Village of Key Biscayne, and I think it needs -- it could use your help in terms of being the district Commissioner, and re -injecting the district's perspective into the process so that we can settle that and get started on doing the work and moving forward, but I think that's something that you should embrace, and I think something that you will be successful at, with our support, of course, and I'll be right there with you to help you. Commissioner Russell: If I may? Chair Gort: Yes, sir. Commissioner Russell: Thank you. I'd like to commend you on the makeup of the board, the advisory board. In any sort of situation like this (INAUDIBLE) so you want to have your fights at the beginning, not at the end. Commissioner Suarez: Right. Commissioner Russell: And so you want your board to be made up of people that aren't all like-minded. Commissioner Suarez: Right. Commissioner Russell: And so I do recognize there will be people on this board that I may even completely disagree with, and I think that's a good thing, because that keeps us possibly out of the courts later if all parties were at the table earlier. That being said, I'm glad you brought this forward. This is in my district, and I'm very appreciative it's moving, and it should have moved faster than this; it should have moved a long time ago. I love Virginia Key. I organized a charitable paddleboard event there this year that had 300 paddle boarders on the water, raising money for Big Brothers, Big Sisters. It was a permitted event. We had three drones flying over the top. Jumbo's -- even though I missed the smoked fish dip and the cats -- it has been revitalized and is a nice concession there. There's a mountain biking park. If any of you haven't used it, it's absolutely amazing; it's world class. You should get out and try it. The island is -- despite the negative we've heard in the news, there's a lot of good things going on there, andl think this steering committee or advisory board can really help us push it forward in the right direction, and I'm onboard, as well. Commissioner Suarez: Thank you. Move it, I guess. City of Miami Page70 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: It's been moved by -- Commissioner Suarez: As amended. Todd B. Hannon (City Clerk): Yes, sir, it's been moved and seconded. Commissioner Suarez: Okay. Mr. Hannon: If there's no further discussion, Madam City Attorney can read the title into the record. Victoria Mendez (City Attorney): An ordinance of the Miami -- Chair Gort: Wait a minute, excuse me. Mr. Manager. Daniel J. Alfonso (City Manager): Yeah. Mr. Chairman, I just -- in light of the discussion, I want to say I look forward to working with all of the elected officials on moving the project forward. Somebody made a comment about the Administration or the City not being interested in the Marine Stadium. I want to put on the record that we are definitely interested in bringing the Marine Stadium back to; to that effect, you will see shortly in the coming months -- probably for the midyear -- as you are aware, we have a grant of a million dollars from the State to do design work. Well, we know the design costs more than that, so we will be bringing to the Commission a request for additional funding to allocate so that we can get that design work going, and we look forward to working with the committee to show the commitment that we have. And, you know, to the extent that some people say that we want to make money, we want to make some money, because somehow, we got to pay for some of these things, but I understand the limits that we want to put on it, so I'm sure that we can come to agreement. Chair Gort: But my understanding is one of the things that we discussed, and Don brought it up, that we wanted to have some kind of a certificate of qualification or RFP for an operator, because that'll be very helpful in the design that will be -- take place. Mr. Alfonso: Right. Now, remembering that this is a historic facility, so in terms of the design variance -- Chair Gort: Right. Mr. Alfonso: -- you've very limited. Chair Gort: (UNINTELLIGIBLE). Mr. Alfonso: So -- but we definitely want the input of the advisory board as to how that RFP might be shaped What kind of agreement do you want? Do you want somebody to fully operate, or do you want to maintain control and have somebody just operate on your behalf? And you know, those things are all discussions that are important, and they impact how we fund it, you know; whether it's a public/private partnership, which will require, maybe, referendum; or is it something where the City's going to take on major responsibility and have an operator. I mean, all those things are important. Chair Gort: Thank you. Yes, ma'am. The Ordinance was read by title into the public record by the City Attorney. Mr. Hannon: Roll call on item FR.6. Commissioner Russell? City of Miami Page71 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.1 15-01400 City Commission Commissioner Russell: Yes. Mr. Hannon: Vice Chair Hardemon? Vice Chair Hardemon: For. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Chair Gort? Chair Gort: Yes. By the way, I used to ski there a long time ago. I was allowed to water ski. Commissioner Suarez: Water ski. Chair Gort: Matter of fact, (UNINTELLIGIBLE) learned to water ski there, too. Thank you all. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REAPPOINTING TODD B. HANNON AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; APPROVING THE SALARY AND BENEFITS TO BE RECEIVED BY CITY CLERK TODD B. HANNON. 15-01400 Legislation.pdf 15-01400 Exhibit 1 SUB.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0529 Chair Gort: RE -- Todd B. Hannon (City Clerk): Chair, if -- Chair Gort: -- FR.6 is for 3:30 time certain. Mr. Hannon: Yes, sir. Chair Gort: Okay, RE.2 -- RE.1. City of Miami Page 72 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Todd B. Hannon (City Clerk): Chair, if it's the will of the Commission, would you like all five Commissioners to be present? We can table the item until we have all five Commissioners. Commissioner Russell: Which one? Mr. Hannon: RE.1 is the reappointment of myself, the City Clerk. Commissioner Carollo: The reappointment of the City Clerk. Mr. Hannon: It's the will of the Commission. We can table it; we'll have all five Commissioners. Chair Gort: (UNINTELLIGIBLE) Commissioner here. Commissioner Russell: Todd, would you like us to wait? Chair Gort: Here we go; we got four -fifth. Mr. Hannon: As long as the Commission's comfortable. Chair Gort: RE. 1. Vice Chair Hardemon: Oh, no, no. I move it. I mean, it's a pleasure working with our City Clerk. From the time that I've met him -- and I met the City Clerk -- actually, I don't want -- I know -- I don't want all of us to go through and tell these stories, but I met the City Clerk when I was trying to get appointed to a certain committee, a certain board within the City of Miami. And the previous City Clerk, I had a disagreement with her about when it was that you were -- I was deemed to be qualified to be appointed to that body, so she told me I was unqualified, and I was under the opinion that I was qualified, and I remember Todd looked at me and he said, P agree with you, but that's my boss. "And it was just -- you know, it was in that moment that -- just to know that someone took the time to think through the argument to come up with an opinion -- but he told me, Look, you know, I can't" -- "there's nothing I could do about it," but he agreed with me, and that was the first moment that I actually had a chance to really interact with him, and since then, it's been a pleasure. He's a gentleman. He's a scholar. He's very good at what he does. I think we're lucky to have him. And as long as I'm here, you know, I'll do my best to keep him here. Commissioner Suarez: Wow. Vice Chair Hardemon: So, you know, I move that we -- Chair Gort: Been moved by Vice Chairman Hardemon. Commissioner Suarez: I'll let you move it, because I happened to be the Chair when he was selected, so I'll second it. Chair Gort: Moved and second. Commissioner Suarez: And I want -- can I -- may I, Mr. Chair? Chair Gort: Sure, go ahead. Commissioner Suarez: No. Listen -- Chair Gort: Look, he's going to ask for a raise; you guys keep talking. City of Miami Page73 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: I'm sure that's going to happen. I actually got to negotiate -- this is actually a true story, so I -- the Commission appointed me to negotiate his salary. I did a thorough review -- and I think Commissioner Carollo negotiated Priscilla, the predecessor's salary. I did a very thorough review. This is a funny story. And I had a number, obviously, on my side of the ledger, and when we sat down to the first negotiation, he says, "Look, Commissioner, I've prepared everything. Everything is set." You know, whatever. He gives me a binder with a bunch of stuff in it. And at the end, it's like the number, and his number was like 30 percent lower than my number. So I said, you know, we don't have to -- there's -- so it was a very, very quick negotiations, because he's someone that -- you know, he has, in my opinion, an infinite amount of value to the City, but he is very conscious of the fact that, you know, we are a city of -- a tale of two cities, if you will, and all of us, I think, are underpaid, and I say that, you know, in the sense that we put a lot of time and energy into what we do, and we're all members of our professional community, and certainly, the hours outstrip the pay, and our families are involved so, you know, we're very blessed to have you. Thank you. Commissioner Russell: If I may? Chair Gort: Thank you. Yes. Commissioner Russell: Continue the love fest for Todd. Commissioner Suarez: Yeah, yeah, yeah. Commissioner Russell: As a newly elected official and first time in politics, obviously, I looked for a lot of guidance; and I've probably spent more time with Todd than anyone up here, and I'm talking about through the -- obviously, the Clerk's Office oversees the election; and as a new candidate, making sure that we did everything right and by the book, he was always watching over our team and all the other campaigns that were running with extreme care. And even coming into this office, he's prepared me even for today with lots of time. I've never -- even in business, I've never seen someone care about their job so much and give to it with joy. And so, of course, I'm a big supporter of Todd here. Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Continue the love fest, and I think it's obvious. I think it's been said already. I mean, it truly has been a pleasure working with you, Todd. And not only that, your professionalism, I mean, in everything you do. I mean, you know, I used to say a lot here in the Commission fictions speak louder than words. "And I mean, your actions really do speak louder than words, so thank you. Chair Gort: I have to tell you, you can see -- you already have the agreement, right? Commissioner Suarez: What's that? Chair Gort: You already have the agreement of the salary and the whole works, right? Commissioner Suarez: Yeah, yeah, yeah. Chair Gort: Okay, we're good, we're good. City of Miami Page74 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.2 15-01465 Office of Auditor General Commissioner Suarez: We're good there. Chair Gort: You show leadership, and it shows in your administration and in your staff. Your staff is one that welcomes people to -- help people all the time, because I've seen there people waiting in line, and you all are very helpful, and it's thanks to your leadership. So thank you. Okay, all in favor, state it by saying aye." The Commission (Collectively): Aye. Mr. Hannon: And for the record, it'll be as amended. And thank you, Commissioners. It's an honor and a privilege to be able to continue serving you as your City Clerk. It really is. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ELECTING AND REAPPOINTING THEODORE ("TED") GUBAAS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FORA FOUR (4) YEAR PERIOD COMMENCING ON MAY 7, 2016 AND CONTINUING THE CURRENT COMPENSATION AND EMOLUMENT PACKAGE UNTIL THE CITY COMMISSION APPROVES A NEW COMPENSATION AND BENEFITS PACKAGE ON JANUARY 28, 2016. 15-01465 Memo - Independent Auditor General.pdf 15-01465 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Russell, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Note for the Record: Item RE.2 was deferred to the April 28, 2016, Planning & Zoning Commission Meeting. Chair Gort: Okay, RE.2. Commissioner Suarez: The love fest. Ilike that. That's funny. Theodore Guba: Ted Guba, Auditor General. It's going to be tough to follow Todd. Commissioner Suarez: Auditors usually don't get the same kind of love, by the way, so don't feel -- don't be offended. Vice Chair Hardemon: Yeah, he -- Mr. Guba: A resolution of the -- Commissioner Carollo: He should already know that. Mr. Guba: -- of the Miami City Commission electing and reappointing Ted Guba as the Independent Auditor General of the City of Miami, Florida, for a four-year period, commencing on May 7, 2016, and continuing the current compensation and emolument package until the City Commission approves a new compensation and benefits package on January 28, 2016. Chair Gort: Thank you, sir. City of Miami Page 75 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I think within the City Clerk's Office, integrity's important, but moreover, in an auditor's perspective, integrity is extremely important, because you, as an auditor, have to go about and bring facts to the table, you know, whichever way they fall, and that's something that I think is important. And in the short time that I've had to work with you, I've seen that you enjoy doing what you do. You enjoy finding those facts. You enjoy learning about what it is that you're about to give your opinion about or on, and especially when that opinion is going to be used by us as a Commission to make a decision, and I think that that's important, because when we're arguing a position, left or right, and left is against the right, there has to be someone that is objective that comes in, that really takes a look at the facts, and then gives a recommendation based off just what they believe is the truth of the matter. And for that, which is different than like we -- what we said about the City Clerk, and for that, you know, I respect your position. I respect what you've brought to the City of Miami. And in -- you know, there's -- it's one of those things where the auditor doesn't seem like they're a star until that one auditor report comes out that someone has to depend upon that makes that decision, and then your work comes into question and to regard. And so, I'm also comfortable moving this item. Commissioner Russell: Second. Chair Gort: There's a motion, and a second by Commissioner Russell. Now, my understanding is his contract is not up until -- not this month. Vice Chair Hardemon: No. Unidentified Speaker: In May. Mr. Guba: In May. It's a -- Chair Gort: In May. Mr. Guba: -- four-year agreement. Daniel J. Alfonso (City Manager): Yes. Chair Gort: So the -- your contract goes from May from [sic] May, and your contract is for four years, so it's a little different from the Clerk and the Attorney, which is we have to renew every year. Vice Chair Hardemon: Right. Mr. Guba: Right. Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. By the way, I don't disagree with Commissioner Hardemon, at all, with regards to Mr. Guba, and I really do appreciate and value the work that you do. The only thing that I'm seeing is what Commissioner Gort mentioned is that you're still under contract until May, so it's different with the City Attorney and with our City Clerk because every two years, they're up for reappointment. You're not really up for reappointment. You have a four-year contract window, unless we're actually changing it for City of Miami Page76 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 every two years, and I don't think that's what we're doing. But I don't see why we need to necessarily vote on this now, because you're still under contract until May. I do think we should start negotiating your contract for May; that is, if you still want to maintain with the City. But as far as voting for a four-year contract right now, I don't know if we necessarily need to do that or should do that right now. And by the way -- and I want to state that saying that I don't have any issues with you. I want you to stay with the City of Miami, and I look forward for another four years, but I think the four years would start in May, not necessarily now. And I don't know about appointing him for another four years and not necessarily doing that negotiation in contract, because if he disagrees, and then we're -- it leave us in a little bit of a sour taste. Vice Chair Hardemon: So -- Mr. Chairman, so with that -- Chair Gort: Yes. Vice Chair Hardemon: -- does that mean that we would want to continue the item to another month -- Chair Gort: Mr. Manager. Vice Chair Hardemon: -- and in that continuance, start the negotiation process? Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, go ahead. They can start negotiation right now. I think we all are very supportive of Mr. Guba, and we're willing to -- from what I'm hearing from a lot of the Commissioners, we are willing to support him again, but his contract is not four years. Now, we had previous problem before, so we got to make sure we go complying with the law and the requirements. Yes, sir, you're recognized. Commissioner Suarez: Yeah, I don't have any issue with the way Commissioner Carollo has characterized the reappointment and contract going forward, but I do want to say, in fairness to Mr. Guba -- and I think everybody's already said it, but I'm just going to, you know, sort of heap praise on you for the substantive work that you've done. You've done a great substantive work. You replaced an auditor that we were having certain issues with, without getting into any more details than that, and I think you have been very adept at -- it's been an improvement, and I think, you know, you've worked very closely with us. You've recovered a tremendous amount of money for the City of Miami, and that is something that our citizens should be thankful for, in terms of your efforts and your professionalism and in the way that you deal with things. I did mention to you two concerns that I had. One is, you know, when the City issues -- and this is something for the Administration and for the City Attorneys Office as well. When we issue estoppel letters, generally speaking, you know, estoppel letters have to have a legal significance, so to audit beyond the estoppel letters is legally tricky. And so, that was just an issue that I brought to your attention. And the secondary issue was -- and I don't know how my colleagues feel about it, but, you know, the way I see it is this is a constitutional office, and it's sort of supervised by the City Commission. So, if the Administration has an audit request, I don't know if that should go first to the Commission or if that should somehow be reviewed by the Commission before being approved, because we are the body that decides, you know, and controls, as the governing board of the City of Miami, how that goes forward; so just food for thought, things to think about and reflect on. But I do want to say, substantively speaking, I've been -- you've been great to work with, you've been responsive, communicative; your reports are issued timely; they're professional, and you've recovered a lot of money for the City of Miami, which, ultimately, is really your, I think, in many cases, in many ways, your overriding function, so kudos. Chair Gort: Okay. Mr. Attorney, you had anything to add? City of Miami Page77 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Barnaby Min (Deputy City Attorney): No, sir. Chair Gort: Okay. Vice Chair Hardemon: So I'll withdraw my motion. Chair Gort: Okay, motion is withdrawn. Make the motion to -- the second withdraw the motion? Commissioner Russell: Second. Chair Gort: To continue to be in the May meeting. Vice Chair Hardemon: Correct. So moved. Chair Gort: That was the time, May? Mr. Guba: Yes, sir. Commissioner Carollo: However -- Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Carollo: Before the May meeting, I think Mr. Guba should be negotiating his contract. In other words, I don't want it to come back in May and -- Chair Gort: Right. Commissioner Carollo: -- we're -- so, I think, in all fairness, that we should elect someone to start negotiating his contract or renegotiating his contract, however you want to state it, in order for us to be able to move forward on this procedure, and, you know, also in fairness to Mr. Guba, so -- Chair Gort: You volunteering to do that? Mr. Guba: That's one of the reasons why I brought up -- Commissioner Carollo: Right. Mr. Guba: -- the renegotiation -- Commissioner Carollo: Understood. Mr. Guba: -- is because -- Commissioner Carollo: Understood, so I -- Commissioner Suarez: (UNINTELLIGIBLE). Commissioner Carollo: -- understand that, and that's why I want to make sure that, you know, we just don't move it to the due date, which is in May. I want to know -- I want to make sure that beforehand -- Chair Gort: When you come back in May, that should be a package put together, the whole City of Miami Page78 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 works. Commissioner Carollo: Right. Chair Gort: Okay. Commissioner Carollo: And it should be, more or less, like what was done with the City Clerk, which, already, we have -- Chair Gort: Are you volunteering for it? Commissioner Carollo: It's the will of this Commission. Vice Chair Hardemon: Yes, it is. Chair Gort: Yes, it is. Make sure you get together with him. Mr. Alfonso: Mr. Chairman. Commissioner Carollo: Yes. Mr. Alfonso: Mr. Chairman, may I --? His contract expires May 7; the first meeting in May is May 12. You probably want to bring it back in the second meeting in April. Chair Gort: Bring it in April. Mr. Alfonso: Thank you. Commissioner Carollo: I don't have a problem with that. Chair Gort: For April. The motion is to bring it back at the -- continue it to April, okay? Commissioner Carollo: Um -hum. Commissioner Suarez: Okay. Chair Gort: What is the last meeting in April? Todd B. Hannon (City Clerk): April 28. Chair Gort: April 28, okay. Commissioner Suarez: Beautiful. Chair Gort: Thank you, sir. Mr. Guba: You're welcome. RE.3 RESOLUTION 15-01361 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Procurement ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON AUGUST 6, 2015 AND THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 501331, FOR THE City of Miami Page79 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 ESTABLISHMENT OF A MISCELLANEOUS MANAGEMENT ADVISORY CONSULTING SERVICES POOL ("POOL") TO PROVIDE CONSULTING SERVICES IN THREE (3) CATEGORIES: GENERAL MANAGEMENT, FINANCE AND ECONOMICS, AND OPERATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA") IN SUBSTANTIALLY THE ATTACHED FORM, WITH AECOM ENTERPRISES, INC., BOLTON PARTNERS, INC., CMA ENTERPRISE INCORPORATED, CROWE HORWARTH LLP, JRD & ASSOCIATES, INC., MANAGEMENT PARTNERS, INCORPORATED, MILIAN, SWAIN & ASSOCIATES, INC., AND PMG ASSOCIATES, INC., THE HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS IN THE APPLICABLE CATEGORIES, FOR AN INITIAL PERIOD OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH CONSULTANT; AUTHORIZING ADDITIONAL FIRMS FOR INCLUSION IN THE POOL AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL, AT THE TIME OF NEED. 15-01361 Summary Form.pdf 15-01361 Memo - City Manager's Approval.pdf 15-01361 Evaluation of Proposals.pdf 15-01361 Request For Qualifications.pdf 15-01361 RFQ Response - MSA.pdf 15-01361 RFQ Response - Bolton Partners.pdf 15-01361 RFQ Response - Management Partners.pdf 15-01361 RFQ Response - Crowe Horwath LP.pdf 15-01361 Corporate Detail.pdf 15-01361 Back -Up from Law Dept.pdf 15-01361 Legislation.pdf 15-01361 Exhibit - Agreement.pdf Motion by Commissioner Russell, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Russell and Hardemon Absent: 2 - Commissioner(s) Carollo and Suarez R-15-0536 Chair Gort: RE.3. Annie Perez: Good afternoon. Annie Perez, director of Procurement. RE.3 is a resolution accepting the recommendation of the City Manager approving the findings of the Evaluation Committee for the establishment of a miscellaneous management advisory consulting services pool. Chair Gort: Okay. Do I have a motion? Do I have a Commission? Do I have a quorum? Commissioner Russell: Sorry. Move. Chair Gort: Been moved by Commissioner Russell. Is there a second? City of Miami Page 80 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: Seconded for discussion. Chair Gort: Second for discussion. You're recognized. Vice Chair Hardemon: I was hoping that the Board wanted to discuss it, so I don't want to be recognized first. Is there any further discussion from anyone? Chair Gort: Could you go into detail what the consultant services are going to provide, what is the benefit to the City of Miami -- Ms. Perez: Sure. Chair Gort: -- and what will be the savings by utilizing this consultant services? Ms. Perez: Absolutely. Chair Gort: Thank you. Ms. Perez: The reason we wanted to establish a pool such as this, there's three categories: There's general management, there's financial, and then there's operations. And the reason for establishing a pool was to be able -- when a department needs these services, as long -- so as long as it's under 200, 000, all we need to do is issue a work order amongst the pool members, so it would streamline the process significantly, and we don't have to issue an RFP (Request For Proposal) just for, you know, consulting services. So that's -- Chair Gort: This type of consultant services cannot be provided by our in-house employees? Mr. Manager. Daniel J. Alfonso (City Manager): All right, Mr. Chairman, no. I'll give you an example. Later on today, there's a discussion about impact fees. And in order to pass impact fee legislation, ultimately, there has been an in-depth analysis done of the economics of the impact fee and how they work. Those type of reviews need actuarial computations, need expert information that is best done by some of these firms. Now, note that this item does not allocate any money to actually do any work. This item only puts these companies on a pool that we will access when a request is made to get those services. Chair Gort: Could you explain some of the other services? Mr. Alfonso: Well, as I said, for example, if I need a consultant to work on the review of the impact fees -- Chair Gort: Right. Mr. Alfonso: -- I -- Chair Gort: But there's other work they're going to be doing. Mr. Alfonso: Right. You know, the other pools are -- Annie, you want to talk about the other two pools -- Ms. Perez: Sure. Mr. Alfonso: -- specifically? Because that's the one that I focused on. Ms. Perez: Sure. There's also operations, so those are types of companies that can -- for City of Miami Page 81 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 example, if a department is merging with another department and you need to look at the operations of both departments and try to come up with a strategic plan, things like that, so that's on the operation side. The financial is for small audits, things like that nature. Chair Gort: The operation type is the one that is -- we having problems -- communication with two departments and setting up some kind of working relationships, they'll be able -- Mr. Alfonso: Strategic planning. Chair Gort: -- to come in -- Mr. Alfonso: Strategic planning. Ms. Perez: Strategic -- Mr. Alfonso: -- those kind of things. Chair Gort: -- strategic planning and bring it on. Mr. Alfonso: If we're thinking about doing, for example, an issuance of a bond -- and this is something that we've been reaching out to the Commissioners and starting to talk about -- and there needs to be an outreach effort to see how the community input could be had, you know, there are consultings [sic] firms out there that help you do that kind of outreach. So those are some of the things that we would look for. Chair Gort: I just want to state, this is something that I recommended a long time ago for the GSA (General Services Administration) with the -- for the repairs of the way GSA does it when they have -- they have a pool of individual, the auto -- the repair shops that qual after they go through an RFP or qualification letter, and they show the cars. They all come in, they all bid and the lowest bidder is the one they contract for these people. We did the same thing with JOCs (Job Order Contracts). I think we're doing that, where we qual an individuals that can perform the job. In other words, we don't have to -- to save time and sort of expedite some of the services that were being provided. Mr. Alfonso: And again, this is a request for qualifications, so we open it up. All the firms that are out there that want to be qualified into the pool put their qualifications in. I don't think that we really turn down -- Ms. Perez: Well, there were 11 applicants, and we're qualifying eight. What the committee decided to do is anybody getting 70 percent of the evaluation points and above would be added to the pool. Mr. Alfonso: Okay. Chair Gort: Thank you. Mr. Alfonso: Can the pool be reopened at a later time -- Ms. Perez: Yes. Mr. Alfonso: -- to allow other applicants to get in? Ms. Perez: Yes. Mr. Alfonso: Yes. So from time to time, the pool can be reopened -- City of Miami Page 82 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.4 15-01371 Department of Procurement Ms. Perez: As needed. Mr. Alfonso: -- and other qualified firms can be allowed in. Chair Gort: Thankyou. Yes, sir. Vice Chair Hardemon: Fine, we'll -- Chair Gort: Any other questions? Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thankyou. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED OCTOBER 7, 2015, PURSUANT TO INVITATION FOR BID ("IFB") NO. 522382, FROM ENTERPRISE LEASING COMPANY OF FLORIDA, LLC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF VEHICLES, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE IFB, THE ABILITY TO ADD QUALIFIED SUPPLIERS TO THE CONTRACT WHEN DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 15-01371 Summary Form.pdf 15-01371 Recommendation of Award.pdf 15-01371 Memo - City Manager's Rejection.pdf 15-01371 Bid Tabulation.pdf 15-01371 Corporate Detail.pdf 15-01371 Invitation For Bid.pdf 15-01371 Bid Response.pdf 15-01371 Legislation.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon A motion was made by Vice Chair Hardemon, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager to: 1) Discuss with Enterprise, the sole bidder for IFB No. 522382, their final and best offer for the contract; 2) Determine whether or not if there was a new IFB issued would additional vendors submit bids; 3) With the assistance of the Auditor General, perform a comparison between the existing contracts that Miami -Dade County and the City of Miami uses for the rental of vehicles; 4) If needed, extend the City's contract for the rental of vehicles with the current vendor. City of Miami Page 83 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: RE.4. Annie Perez (Director/Purchasing): Commissioners, RE.4 is for the rental of vehicles. It's accepting the sole responsive and responsible bidder, Enterprise Leasing Company. Chair Gort: Thank you, ma'am. I understand there's some questions, and there's a audit that was performed, and it was presented to us and -- Vice Chair Hardemon: Yeah. Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: What I find to be most telling about the audit is that it -- well, first of all, the audit compared the existing County contract for rental of these types of vehicles with this proposed -- well -- or with this IFB (Invitation for Bid), and so we know the history of it, and there's no reason to rehash through that, but now we're talking about the substance of the item, and that's one of the things that I wanted to make sure that we had an opportunity to review, because as I understood, there would have been a savings by going with the County contract. Chair Gort: Wait, wait. Can you --? Go ahead. I'm sorry. Vice Chair Hardemon: There would have been a savings by piggybacking on the County contract versus going with the IFB (Invitation for Bid) that we have today, and so this auditor's report, I think, is telling. What it says, ultimately, is that the difference between the City and the established County contract over a two-year term, the difference in cost is about $707,808, and so that means that the City of Miami would expend that much more money if we were to accept this contract the way it is. In discussing -- after this came out and discussing some of this with Mr. -- well, I can actually just have him take the lectern, and he'll say what his findings are. But looking at his findings that he has before us, what we see is that when you look at the -- on the first page, the City rental car usage activity, the average -- if you look at the total amount, says $6.23 million, about -- well, 6 -- I'm sorry -- $6, 023, 481. The average over that -- what is -- I believe it's a five-year term? No, it's a -- about a six -year term? -- is one point -- no, five-year term -- $1.2 million. And so, when you look at that average and you compare it to the estimated price comparison between the City and County contracts, there appears to be that the average there is about $1.1 million per year. And so part of my concern and the reason I'm bringing that up is because it made me wonder if not this was a -- if the estimated usage was too modest, and even if it was too modest, with the numbers that we have right now, that the cost difference is about 14 percent, 707,000 -- that's the savings that I think the City of Miami should be interested in. And when I look to the recommendations of the Auditor General -- or the auditor, what you see at the very end, it says that, one, maybe we should renegotiate. You should renegotiate these terms with the actual -- with Enterprise in this circumstance. And what we were told was that, well, Enterprise presented their final and best offer. And then the last part says that the City should reach out to car rental companies in order to determine the reasons why potential vendors did not bid on this City procurement. And then it says that if they determine that a qualified pool of vendors will submit bids, consideration be given to issue a new IFB. And when I look to the Manager's -- to his response to this, one part says -- one where it says, only one firm, Royal Rental Car, replies to it and that they did not receive the solicitation. And then it goes on to explain why -- well, it says it is important to note that the director of Procurement emailed several firms, including Royal Rent-A-Car, prior to the advertisement of this solicitation to encourage the firm to participate in the bidding process. But that question was posed after the IFB basically closed, when it was complete. They say, "Well, why didn't you bid?" And Royal responded, P never received the bid. "And so -- and then the next part where it says that you should reach out to determine whether or not if a pool of qualified vendors will submit bids, so they say, "Okay, well, notwithstanding what happened, will you submit a bid if we issued it City of Miami Page 84 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 today?" And what I find to be peculiar about this is that the response from the management is that based on Procurement's efforts to elicit competition to get the best pricing for the City, it's Procurement's recommendation to further negotiate with Enterprise Leasing, procuring a full-time -- with the likelihood of getting the same results is non productive, costly due to premacurement [sic] -- I'm sorry - re procurement [sic] costs, nor is it in the City's best interest. So, basically, he's saying here that we're not asking whether or not they would participate in a new pool, so I'm not following that recommendation, and that we should renegotiate with the person who said they've given us their last and final offer. And then it's saying that issuing a new bid is cost prohibitive, but what I think is cost -prohibitive is the fact that there is a better contract to piggyback on. Or, if you don't want to do that, at least getting this contract down to those prices. Now, to be fair, there's something in here that talks about the factors attributing to estimated price differences, and what I find to be, well, peculiar about this is that it says that, but it doesn't give you the number value, and the reason it doesn't give you the number value is because even still with these considerations, that number would still be a vast -- it'll be still a difference where the County contract will be better. So, for instance, the first thing is not -- is about pricing. It says that the time period covering the County contract in that it was done a certain time ago and maybe the costs vary now, but it doesn't matter; we can still piggyback on that same contract. The economies of scale, compared to the City. The County's larger than the City. I mean, you would think -- well, that's why the County got a better price, but the current statutes allow us to piggyback on the County's contract, no matter what our size is, so we get -- still get that price, so thank you to the County for being larger than the City. And then the insurance requirements imposed by the City. So, here it says the City's insurance requirements are more demanding than the County's, which offers vendors indemnification of third parties, which is less financial burden to the vendors. So the City's asking for $1 million worth of coverage, but the State statute only says that we need about $300, 000 worth of coverage, so we're still paying more in the insurance aspects, as I see it. And so -- and then the other factors, I don't think I need to address. So what I'm looking at here, at the end of the day, I look to my Procurement Department to get us the best - to get us increased competition, if you can, to get us the best price, and we've piggybacked on many contracts sitting on this dais, and the reason we piggyback is because there was a better price there for us to look at, and here, I'm seeing that we don't have the best price. It's not something I created. The numbers are the numbers, and some of these numbers are estimates. So these numbers can be higher than what they are today. And I'm still getting Procurement saying, "Well, we can't get a better price, and we should go with the contract that's more expensive." And so I need some clarification as to why. Ms. Perez: Sure. Commissioner, one of the things with the County contract is that they indemnifir third parties; and my understanding, from conversations with our Law Department, is that we would never be able to accept such provisions, so that poses an issue to us when piggybacking off of that contract. I agree; the County does have better rates, and that's why, given that information, it poses an issue for us to piggyback off of that contract, but, you know, it's the Commission's will, and you know, I'll let -- Victoria Mendez (City Attorney): If I may, one of the more important parts of this contract is the insurance requirements, and Florida Statute has -- with regard to torts, which normally happens in crashes, car crashes and things of that nature, it's a 200, 300 limit, which is what you were talking about. However, with the insurance requirements being higher, it protects the City. In the County contract, unfortunately, they're taking on most of the risk, and that could be very costly for a municipality; and the insurance requirements here, something that truly protects the City. Chair Gort: Yes, Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, if I may, Commissioner, another thing that I want to point out so that it is taken into the discussion is that when the analysis was done and the comparison, it is presumed that the number of SUVs (Sports Utility Vehicles) that we're using is City of Miami Page 85 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 x'and we have already in the Administration been looking for some time to reduce the number of SUVs that we have under the lease agreement because of the high cost of the SUVs. So, when the Commission approved some weeks ago the purchase of police cars through a lease -to -own program, we went ahead and ordered a number of SUVs -- I believe like 35 of them -- to be used by folks that are currently leasing them from this short-term program into a basically lease -to -own, which is a lot less expensive, so in the future, we will not be leasing as many SUVs from this contract. So that number significantly comes down as the SUVs make up the largest portion of the differential. But, certainly, if the firm is here -- the representative of the firm is here, if they want to, you know, change their bid to give us that SUV rate, I will be happy to take it. Vice Chair Hardemon: Mr. Chairman Chair Gort: Yes, sir. Vice Chair Hardemon: This is an as -needed basis, this contract. So if tomorrow you decided that, "You know what? Because" -- okay. We've been dealing with -- I want the Commissioner to understand -- we've been dealing with this item for some time now, and conveniently, after the report comes out and now we know that we want to reduce the number of SUVs, the largest cost within this contract, now we want to reduce it. And what I understand about this contract, it's on a as -needed basis, so if tomorrow you say, "You know, we want to increase it," you have the ability to do that, and you do it at the dollar amount that the company gave, which I believe is -- SUV -- at $1,144 per -- for each unit. And so, no one's telling me that, "Oh, we reduced our unit price to meet" -- "to a price that is like the competition, " which is $825. That's not what I'm hearing. All I'm hearing is that "We've reduced the number of cars that were using." So the number of cars you reduced will reduce the amount of money that we're spending in total, but to me, it's disingenuine [sicJ, because ifI increase the number of cars that I want to use, I will pay that higher amount per unit price, and that's what this all boils down to. It boils down to unit prices per vehicle. And so -- and the insurance -- just trying to under -- the law limits the insurance for -- what is it? -- 200, 000 for each individual -- $200 per each individual, 300,000 for each -- and, Madam City Attorney, is it $200, 000 for each individual, and then 300, 000 for each occurrence? That's the -- it limits our exposure, correct? Ms. Mendez: Right. It's 200, 000 per person or 300, 000 per incident, but depends how it's pleaded, it could be a lot more. And then, remember, there's also claims bills which could exceed that. That's why the -- it's a good contract for the City in that regard Vice Chair Hardemon: And so, with us even adding -- my point is this, you can have this very same contract that the County has and add insurance requirements to it, additional insurance requirements, and still be cheaper than what we have before us today, because insurance won't cost us $700, 000 for the year. So my whole point behind this -- and the board can do with it as it will -- I think that this is not fiscally responsible as it pertains to how we spend our dollars for this item. If Enterprise is willing to drop its unit per price to something that's more reasonable, I think that it will be a better deal. If not, then I think it makes more sense to piggyback. And I don't think that the Administration has given us a reason that we shouldn't do it that is pressing. Chair Gort: Anyone else? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Maybe the Administration could address the disparity in the prices that you were -- that was stipulated in the audit report. Mr. Manager. City of Miami Page 86 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Alfonso: I apologize, Commissioner. What was the question? Commissioner Carollo: If you could address the disparity in the prices that was shown in the audit report. Mr. Alfonso: The disparity existed at the SUVs. Yes, there is a disparity. I mean -- Annie, you want to -- Ms. Perez: Yes. There is a disparity. It shows that it's about 39 percent price difference, which is -- Commissioner Carollo: Huge. Ms. Perez: It's very large disparity. Commissioner Suarez: Huge. Mr. Alfonso: I'm sorry. For the record, Commissioner Hardemon, just for the record, I want to point out that the procurement of SUVs has been in our budget to reduce the number of SUVs that we lease. That has been in our budget in the last year and a half, and it wasn't something that just came up conveniently. I just wanted to put that on the record, but -- Vice Chair Hardemon: I'm referring to the email that I just received that made mention -- and who -- it was from Ms. Perez, correct? Mr. Alfonso: Yeah. Vice Chair Hardemon: And in that email, Ms. Perez -- and let me just find it, because I want to read it particularly, exactly the way it was put. Excuse me for stuttering. But it says -- it's very short. "In anticipation of item RE.4, rental of vehicles being presented to you for your approval on December 10, 2015, the following is important information for your consideration. Please be advised that the number of SUVs to be rented under the rental of a vehicles contract will be reduced by approximately 50 percent due to the lease/purchase of these vehicles for police command staff. Please feel free to contact me if you have any questions." And so, you know, the way that I see it, if you're renting less vehicles, even -- just economies of scale. If you're renting less vehicles, the unit per price will be -- Mr. Alfonso: No. Vice Chair Hardemon: -- higher than it would -- less versus being lowered. Mr. Alfonso: No, the unit price is the same. We're leasing less of them. And one of the reasons why we're leasing less of them is because of the high cost. I mean, when I became Budget director several years ago -- and you can ask the Chief if he's around -- one of my proposals was to eliminate these SUVs from the Police Department altogether, because they are very high cost. So, you know, with time, we have gotten to the point where we put them into the budget to actually buy them rather than continue to lease them, because it is extremely high cost, we agree. In the new contract, the cost went even higher. Ms. Perez: Yeah. Mr. Alfonso: So, yes, there is a large price differential. Again, we were operating under the assumption that the insurance is a significant difference, but again, if we can reach an agreement on the cost of the SUVs specifically, that would be great; otherwise, we can go in a different direction, but nonetheless, we are reducing the number of SUVs that are going to be on lease, no City of Miami Page 87 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 matter what. Vice Chair Hardemon: And Mr. Chairman, just to be clear, the unit price difference for the compacts sedan two doors is a 20 percent difference. The unit price for the pickup trucks is a 21 percent difference; the SUVs that we've spoken of is a 39 percent difference. And I've just named the ones that are below -- oh, I mean -- I'm sorry -- above 14 percent, so -- I'm sorry; and the luxury vehicle is 22 percent, so there's still some 14, and then you have what I think to be de minimis of four, five, and six, but that's a matter of perspective. Chair Gort: Commissioner Russell. Commissioner Russell: I'd just like to thank Commissioner Hardemon for really looking at this closely, because I think we have -- government waste is obviously a big issue that our citizens are very concerned about, and two ways of controlling that: One, obviously, we want to maintain good relationships with our vendors, but our responsibility as a Commission, obviously, is to be very careful and watch these contracts and get the best possible price we can. Our other responsibility, obviously, Mr. Manager, is to reduce the spending. And if I'm understanding correctly -- and if you could just clam -- when you say we're going to rent less SUVs, it doesn't mean we're renting less vehicles; you're actually downgrading the vehicles that many of the staff ride from -- was Tahoe's to Explorers, for example, and there's a savings in that? Mr. Alfonso: Right, but we are acquiring them as ownership rather than short-term lease. Commissioner Russell: Oh. And so we would be renting less vehicles altogether -- Mr. Alfonso: Correct. Commissioner Russell: -- and not just swapping the type of vehicle? Mr. Alfonso: Correct. Commissioner Suarez: I don't know where we're going to go with this, but I mean, I think there are a variety of different issues here. I was asking the Administration to find out how many times this has been rebid. Did we blow it up three times, two times? Just curious. Vice Chair Hardemon: There have been issues from the very beginning, and I see, you know, individuals shaking their head fio. "There have been issues from the very beginning. And even in the last bid, you have someone that could bid that said that, Look, I didn't get the information. I didn't get it the same way, basically, that you gave it to me before, 'and that person -- and so that company did not bid. And then before that, it wasn't in the right form. And so, I mean, there's been issues with this bid. And I understand for everyone this is a long, drawn out process, but what I'm concerned about at the very end is getting the best price. Enterprise can have the deal ifI think -- if they meet better -- if they make better numbers. I mean, when you're talking 20-something percent, 39 percent cost differences of just saying -- Commissioner Suarez: Right. Vice Chair Hardemon: -- "Well, we'll rent a little bit less, " it doesn't make sense to me. Commissioner Suarez: No. And let me just -- ifI may, Mr. Chair? Chair Gort: Yes. Commissioner Suarez: Because I have -- I mean, I read over the audit report, which I think was very well done. I've obviously been here when we've rebid it, for good reasons, in many cases, so City of Miami Page 88 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 I'm sort of all over the place on this one, because, you know, I don't -- let me start with I don't understand why when we open up a bidding process, sophisticated companies don't bid on it, so that's something that, to me, I don't understand, you know. And then the second part is from a notice perspective, do we have -- I mean, how does the obligation work? Because I know that was talked about and brought up in the last one, whether things were noticed properly or not noticed properly. Do -- you know, that's one issue -- another issue that I have. Third issue is price differentials, as the audit report mentioned, may be based on economies of scale, may be based on, you know, whatever, but it is a significant difference. I mean, $700,000 is a lot of money. I mean, that is potentially, you know, five, six police officers patrolling our streets. Vice Chair Hardemon: And that's modest. That's a modest estimate. Commissioner Suarez: Right. And so, you know, it's a good point. You know what I mean? We're not talking about $10, 000 or $5, 000 or something that would be a small discrepancy. We're talking about a very large discrepancy. So, you know, you seem to be indicating that, if I'm hearing you correctly, that as long as the recommended bidder would sharpen their pencils, it would be something that we would be willing to consider. Vice Chair Hardemon: I think that that's -- I think that would be fair, because even when you look at the recommendation -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- the final recommendation was that the City should reach out to rental car companies in order to determine why they didn't bid and then, if they would bid. So would we have a pool to choose from? Would there be increased competition? And as I understood it, the City didn't do that. The City didn't pick up a phone, and call to say, `If we bid this this way, will you submit a bid?" That was just the simple question that was asked. Instead, they relied on what happened in the past instead of coming up with that simple discussion point. Commissioner Suarez: And I would say this also, because maybe the thing to do here in terms of going forward is to defer it for a meeting and let the parties all sort of get together. Maybe they can get to that point, that pencil -sharpening point, but there is a policy decision that you talked about and that we sort of didn't address, which is the insurance requirement, and here's the way I view it, okay? There is a sovereign immunity limits, correct? That's what the 200, 300 is about, okay, and then there is the possibility of a claims bill. Let me ask you a question. When was the last time the City of Miami had to pay a claims bill? Ms. Mendez: We are -- there's about two in the pipeline. Commissioner Suarez: Okay. Chair Gort: There's quite a few. Commissioner Suarez: When was the last time the City of Miami had to pay a claims bill? Ms. Mendez: I do not have that answer, but it is a possibility. Commissioner Suarez: When was the last time the City -- I'm glad I'm not deposing you, because this would -- Ms. Mendez: I do not have that answer at this time. Commissioner Suarez: Okay. Let me ask the question a different way. How long have you been City Attorney? City of Miami Page 89 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Ms. Mendez: Two -- a little over two years. Commissioner Suarez: Okay. How long have you been assistant City Attorney? Ms. Mendez: Close to 12 years. Commissioner Suarez: Okay. In that time, can you recall a claims bill ever being paid? Ms. Mendez: No, I cannot. Commissioner Suarez: Okay, so that's 14 years. So let's -- okay, so -- and that's without the full information, having done the research, and I'm not -- So what I'm saying is, from a public policy perspective, when we put these things in place -- and this is not the fault, by the way, of the winning bidder, if you will; this is on our end as to what requirements we put in our bids, but that's affects the price. That affects the price. And we do have -- by the way, we also have an excess carrier, if I'm not mistaken. If the claim goes above 500, 000, the excess carrier picks it up. Is that not correct? Or how does the excess carrier liability work in this case? Ms. Mendez: Well, part -- that's part of the insurance requirements that are part of this contract. Commissioner Suarez: So you're saying that the excess carrier's -- Ms. Mendez: Part of it would be some of the insurance requirements that are part of this contract as well, and that's why we put them, the addition. Commissioner Suarez: We don't have an umbrella excess carrier. Is that what you're saying? Ms. Mendez: It depends on the -- Commissioner Suarez: Kind of -- Ms. Mendez: -- of the situation. Commissioner Suarez: Okay. Ms. Mendez: But I believe that some of the contractual amounts here -- and that's why we thought it advantageous on the insurance. I'm only talking about the insurance part. Commissioner Suarez: So, are you saying that this insurance requirement, in effect, acts as the excess carrier for these kinds of incidents? Ms. Mendez: That is my understanding, and I will confirm. Mr. Alfonso: Commissioner, I just want to also point out one thing. Mr. Chairman. Chair Gort: Let me ask two questions. Insurance seems to be one of the questions, okay, and the pricing on this, it has to do a lot with insurance. My question is also in the business that I'm in, if I'm late one minute to a bid, I'm out; or 30 seconds, I'm out. I get all the notifications. IfI don't get them, I make sure Igo into the waste -- Igo into the website and stay on top of it to make sure that I know when a competitive bid comes out or an RFP's going to come out. This is the process that we have, and we cannot be changing that, number one. And number two is, the insurance is the key here. If they drop the insurance, would the prices be lower? This is something that we'll let them answer. At the same time, if we want to piggyback with the Miami -Dade, then Miami -Dade, can we amend that contract to add insurance to it? That's just a City of Miami Page90 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 question to the Law Department. Ms. Mendez: In this case, it was bid out in a particular way. I don't think at this time we can amend that. Chair Gort: So the only thing is that you can say no today, if they choose to do so, and go out for bid again. Ms. Mendez: That is an option. Chair Gort: Okay. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Thank you. Yes, sir. Vice Chair Hardemon: I want to be very clear that this memo that we received from the Auditor General did not talk about insurance, so it didn't compare the two insurances, so we don't have -- it's not -- we're talking, theoretically, about the insurance that we have here and what supposedly the County has, but we haven't had a true educated discussion about what their insurance is and what the effects of each -- their insurance versus our insurance. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I think, from my reading of the audit report, there were three significant differences: the duration of the contract, the size of the contract, and the insurance requirements, okay? So I don't know how much of an impact on that price differential do those three factors have. I just don't know, because it didn't say, like you said, in the audit report, so I don't know. Vice Chair Hardemon: My point -- I'm referring that it doesn't have a large impact when you consider the cost of -- we pay for the insurance. It's not as if they're going to cover it for us. That cost is passed back onto us -- Commissioner Suarez: Agreed. Vice Chair Hardemon: -- you know, so -- Commissioner Suarez: I agree with that. Vice Chair Hardemon: (UNINTELLIGIBLE). Chair Gort: Why don't we hear from the public? Commissioner Suarez: Probably paying more. Mr. Alfonso: Well, may I say something real quick, Mr. Chairman? Chair Gort: Yes. Go ahead. Mr. Alfonso: Just to point out -- because I know this question was asked, and I wanted to make sure it is answered. Last year we had 25 accidents with vehicles that were on -- leased from Enterprise. Our deductible is a hundred dollars, and we turned that car over, and that's it, and they take care of everything else in the claim. So it's sort of like when you go rent a car at the City of Miami Page91 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 airport and, you know, you say, how much is the car? Well, the car is $40 a day. And they ask you, do you want that supplemental insurance? And that's a $14-a-day insurance. You know, that's a big percentage of your $40 a day. And you have to decide, "Do I take that so that if I get into an accident, I basically turn the car in and say, 'Have a nice day,' or do I put that on my liability, you know, my credit card or my personal insurance?" And in this case, the way the contract was bid out was we want that extra insurance so that we can pay a hundred bucks and you get me a new car. That's the way it is. Now, as a matter of policy, we want to do it differently, we're open to that. And if we want to renegotiate prices, we're open to that. And if we need to go out again, we're open to that, so -- Chair Gort: Thank you, sir. Mr. Alfonso: -- let us know. Chair Gort: Yes, ma'am. Lucia Dougherty: Good morning, Mr. Chair, members of the Commission. Lucia Dougherty and Carlos Lago, with offices at 333 Avenue of the Americas, here today on behalf of Enterprise Rental, and with me is Susan Callius and Chris Pendant and Lester Guzman from Enterprise. We've also had an opportunity to review the Dade County bid, and I can tell you that the three things that make this higher is your liability insurance, the fact that they have third -party indemnity, the fact that you have 30 percent more SUVs than they do. They only have 7 percent SUVs; you have 30 percent SUVs, the higher -end SUVs. And the fact that which is actually literally a hundred percent more SUVs than the County does. If you take all of that out and you say to us, "We want to pay apples to apples," we will be less than the County bid. So, if you want us to go back and "sharpen our pencils," as you say, we're happy to do so. Tell us that you don't want the liability insurance; tell us you don't -- you will give us a third -party indemnity; tell us you don't want that kind of SUVs, and we're happy to be as competitive or less than the County bid, so that's up to you. You guys have to decide how you want to handle it. I will tell you this, that we have been out at this for three times. Everybody now knows our pricing. If you go out again, it would be highly unfair to us, somebody who's worked for you for a long time and been very loyal and -- to you and done a good job. We have a recommendation from the Manager. We have a recommendation actually from the Auditor General, which I received today for the first time. We have a recommendation from your Police Chief who said we've done a good job at a former hearing. So we're happy to do whatever you want. If you want to renegotiate this and have lesser requirements, we're happy to do that. And if you want to have the kind of insurance that we've provided and the kind of autos that you've asked for us to have, that's where we are. Now, we do agree with the Manager: It makes a lot of sense for you to take shows SUVs and do a lease -to -own. That really makes a lot of sense, and that would reduce your cost tremendously. There are no reason to have rental cars as opposed to a lease. Chair Gort: Thank you. Commissioner Russell, you're recognized. Commissioner Russell: Yes. It seems that we're having trouble comparing apples to oranges when we're talking about our contract versus the County's contract, and the process is meant obviously to compare apples to apples, which would be other bidders. Do we have an answer for why we're not getting other bids from other major rental companies? Ms. Perez: Commissioner, ifI may? This is the third incantation of this solicitation, so after the first one was rejected, we went ahead on the second one, and it was -- there was administrative -- there was an error on the part of one of my staff members, so that's why we had to reject that. But we did reach out to the firms that are registered as vendors: Hertz, Avis, all the big firms, and we did reach out to them to see if they wanted to bid. A staff member of mine made a phone call. Hertz has - had said they were interested. When the bid went out, they didn't bid. So, you know, we do -- we did send out a survey trying to establish, when we -- you know, when we have only one bid, we try to see why -- was there anything that was limiting competition? Is there City of Miami Page92 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 anything in our specs? Is there anything --? You know, why aren't you bidding? And they didn't respond, either, with the exception of Royal, which said they had not received the bid. And it's very important to say that the -- I checked the email, you know, Royal's email when he did respond to us, that he didn't receive, against the email that I had sent to him and other firms trying to, you know, encourage them to bid, and it was the same email. And we even went out and called the firms to double check their emails. We just wanted to make sure we had the proper information. So I don't know why they're not bidding. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: I'm sorry. I'll yield my time to -- Chair Gort: Excuse me. Are you finished, Commissioner? Commissioner Russell: My other question was going to go toward why we're not leasing instead of renting, I guess? Mr. Alfonso: Okay. So, these are short-term rentals. Primarily, the use of these vehicles is in the Police Department, and the Police Department has a need to swap out cars that are used in operations, because the car -- you don't want the same car to ever show up to the scene too consistently. Now, we have included in the past these SUVs that are used by the command staff, and those are the ones that I've been looking to get out of the agreement. But the rest of the vehicles are vehicles that are used by undercover officers, by detectives, et cetera, the officers that are out in the field, and there is a need from time to time to swap those vehicles out; and a lease, which is a three-year lease, or whatever, would not give you that opportunity. Commissioner Russell: Couldn't they swap amongst each other if we had a varied feet? Mr. Alfonso: Once a car's tag has been identified in the community, sir, you know, you drive in and "that's a cop car." Vice Chair Hardemon: Yeah, it's blown. Commissioner Suarez: And Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: One of the things I did read, to be fair, in the audit report was that I think only two people bid on the County contract, which is a -- Vice Chair Hardemon: Three -- I think three bid; one was deemed unresponsive. Commissioner Suarez: Correct. So it wasn't like there was a huge amount of bidding in that -- and that's a $24 million contract compared to this was a $4 million contract. Leasing cars is a very fungible sort of event, if you will. And it's a good question because there's a lot of big rental car companies; and you would think, on a $4 million account, that people would be chomping at the bit to bid on these things, because there's nothing strange about it. The only conclusion that I can come up with is that we beat them down so badly that it's just not particularly profitable for too many private companies to be in the public sector versus the private sector where maybe they have a higher margin or whatever. That's the only thing I can think of. I don't know. But it's an interesting question, because you're talking about a $24 million contract in the County and a $4 million contract in the City, and you have a total of three or four bidders in a highly competitive -- you go to the airport to rent a car, and there's 20 rental car companies, so there's -- it's a City of Miami Page93 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 hyper amount of competition, in my opinion. We have created a rental car center in the airport, which is a -- I think it's a billion -dollar rental car center to house all the rental cars that we have for people coming off the airport. So I just don't understand. It doesn't really make sense to me, either, that you wouldn't have a flood of competition, but that's the only thing I can think of. I don't know. Chair Gort: Gentlemen, my understanding is the -- and thank you for bringing this subject back, because this is going to bring -- they're willing to sit down and negotiate with everything we have stated here, so it's up to you all. What do you all want to do? Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes. Vice Chair Hardemon: And I would like to say like -- on page 3 of the memo where you see the factors attributing to the estimated price differences, note that this is not what the Auditor General opined should be those price differences. This is what the Procurement and the City's Department of Risk Management staff said may be attributing to it, and that's what is reflected within the memo, one; and then, two, I want to be clear. The email that Ms. Perez is describing that was sent was an email, from what I saw, that said "Hey, we're going to do this again. And when Royal responded back that they did not receive the bid, as I understand, there was no further communication between the City and Royal, which is why I said at the very end, well, the recommendation by the City -- I'm sorry, by the Auditor General -- wait -- by the auditor, it says that they should reach out to car companies to see if they would bid. And I'm sure, Ms. Perez, you could pick up the phone in this very moment and call the -- one of the three companies that bid on the County side and say, `If we issue this again, would you bid?" Right? You could make that phone call. And so, just not doing that where there is no competition to drive that price down, if it may be, or to cause it to be awarded to another company is part of the concern, because it is a $700, 000 difference. We're not talking -- and Commissioner Suarez talked about $10, 000, but I mean, $50, 000 is not that big of a deal; 60, 70, but, you know, 700, 000, I think, is a big difference, especially when you're not changing any price points. What I think needs to be done is, one, I think we should follow the Auditor General's recommendation: Reach out to see if they would, and if they would, then you either -- well, there's a couple of things that need to happen. I think we need -- if we're going to compare the entirety of the agreements, then let's compare the entirety of the agreement; don't just do the price, one, because we already see that on price, we fail. And then, two, reach out to see if someone else would bid -- any other companies would bid, because what we're -- essentially, what we're deciding between is three things: Whether or not they're going to reduce the price, whether or not we're going to piggyback, or whether or not we're going to issue another IFB so that other companies can have an opportunity to bid and we have the best price for the City of Miami. Chair Gort: Okay, thank you. Anyone else? Anyone else? Vice Chair Hardemon: So that would be my recommendation. Chair Gort: One of the recommendation was to sit down with them and negotiate and take -- compare apple to apple and see what we can come back with. Mr. Alfonso: Commissioners, if -- I'm not sure how long the renegotiation may take; and right now, I don't have the exact date of when this contract expires in front of me, because I know we already extended it one time in order to do another bid process, so I would like to request from this Commission, ifI need to extend it, to have the authority to extend it while we negotiate with them further. Chair Gort: I don't have any problem with that. City of Miami Page94 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Alfonso: Is that -- I guess that's a "yes"? Do I have a --? Chair Gort: At least for my part it is. Mr. Alfonso: Okay, I -- Todd, is there -- Chair Gort: I think we should give an opportunity to this -- this firm has been working well for a long time. They were responsive. They responded. And I don't think we really compare apple to apples, and the new things that come up, and I think we should sit down with them; they're willing to look at it. If they take the insurance out -- like you said, when you rent a car, you pay for insurance, you take it out. Mr. Alfonso: Well, the insurance issue is -- Chair Gort: I understand; it's part of the RF -- then -- Mr. Alfonso: Right. Then if the -- Chair Gort: -- you guys have to go out again. Mr. Alfonso: -- insurance is the sticking point, then we have to go out again. Chair Gort: Then you have to go out again, so that's a decision you guys going to have to make. Vice Chair Hardemon: And I want to make ensure that the Auditor General is a part of this conversation, too. I want to ensure that he's part of the person -- part of the organization that does this comparison so that we know these things are coming from a neutral source. Chair Gort: At the same time, one of the recommendation is, if we can see an existing contract with the State, with the County, or any other city, and it's to our benefit and we can piggyback, let's do it. We've done it in the past. This is something that we should be looking into also, okay? Vice Chair Hardemon: Okay. So -- Chair Gort: So what's the motion? Vice Chair Hardemon: So move that as directed by myself previously. So it's three things. The three things that I said was that we have, as Commissioner Suarez described it, an apples -to -apples comparison, so basically we're comparing not just the price but the other elements of the County's contract with the City's contract; two, we reach out to other potential bidders, just as the Auditor General recommended, so the Hertz, the Royal, to see if they would bid if you reissued it. I think that response is important. And then third would be to continue to negotiate with Enterprise to see if they're willing to reduce their price so that this is much more palatable to the people within the City of Miami. Commissioner Suarez: Second. Mr. Alfonso: And I would have to amend it that if the negotiation continues past the current expiration date, I'd have to have the ability to -- Chair Gort: Time (UNINTELLIGIBLE). Mr. Alfonso: -- extend the current contract. City of Miami Page95 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: Correct. Chair Gort: Contract. (UNINTELLIGIBLE). Vice Chair Hardemon: Correct. Commissioner Suarez: That's fine. Ms. Dougherty: Okay, can I -- Chair Gort: Yes. Okay, the seconder accept that? Ms. Dougherty: Could I have a clarification of that, Commissioner Hardemon? Vice Chair Hardemon: And the fourth -- just to be clear for Mr. Clerk, the fourth thing would be that the Manager would have the opportunity to extend, if needed. Okay? Ms. Dougherty: Commissioner Hardemon, could I have a clarification? When you say "renegotiate," are you saying renegotiate without the insurance? Vice Chair Hardemon: I think that's a part of -- as -- it'll be part of the discussion. Mr. Alfonso: We'll have to discuss that. If the insurance is changed, we have to do a new RFP. Ms. Perez: Yeah. Mr. Alfonso: So I think we'll have to come back to the Commission with what is the best that we can do under the current term as it was advertised, and we'll re -- take a second look at - about what the impact is to the SUV composition, and we'll come back to the Commission with that, and hopefully, we'll have the answers to those questions as to whether others would bid or not, and we can decide then at that point which way we go. Vice Chair Hardemon: And by this -- and when this report comes back to us, I fully expect to be able to read in this report what the differences are between the insurance and the ramifications of those differences. Mr. Alfonso: Got it. Vice Chair Hardemon: So I don't want any edification of things that are above our abilities to understand. Mr. Alfonso: Okay. Chair Gort: And I understand about you worry about the -- you worry about the prices out already, but at the same time, when you come back without insurance, it'll probably be a little better than what it is today, so. Mr. Alfonso: Yeah. Chair Gort: Okay? Mr. Alfonso: Okay. Ms. Mendez: I'm sorry, but I just want to clarify one point, if it's to work within the confines of this contract and this bid and speak to Enterprise about all the conditions since they're the sole City of Miami Page96 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 bidder, that's fine. When we start reaching out to other people, then we would have to reject all bids and start over. So I think that the -- Vice Chair Hardemon: No, the -- Mr. Alfonso: I think what the Commissioner said, to reach out to all other people would just be simply to understand if there would be a willingness to bid -- Vice Chair Hardemon: Correct. Mr. Alfonso: -- if there was a new RFP. Vice Chair Hardemon: Correct. Mr. Alfonso: That was it. Vice Chair Hardemon: Correct. Chair Gort: Right. Unidentified Speaker: Negotiating other people -- Mr. Alfonso: No, we're not negotiating with other people. There's a question about -- Vice Chair Hardemon: No, not negotiate with any other person. Mr. Alfonso: Right. Vice Chair Hardemon: Not negotiating the cost -- I'm not telling you to negotiate with any other group. Mr. Alfonso: Let the City Attorney respond to this one. Ms. Mendez: I know that it's not negotiating with others, but we really cannot reach out to others in this process without rejecting all bids. So I think maybe the first directive would be for to us negotiate with Enterprise under the confines of this bid. Vice Chair Hardemon: So -- Ms. Mendez: And then, if that is not palatable to the Commission at that time, then we would come back, reject, and start over. Vice Chair Hardemon: So let me ask you a question. Commissioner Suarez: We've already done that. Vice Chair Hardemon: When the City reached out to other car companies and asked them why they did not bid, was that incorrect? Ms. Mendez: It depended on the timing. At the time, I believe it was right after one was thrown out, and then a new one was going to be started. Vice Chair Hardemon: No, no. Ms. Perez: No. City of Miami Page97 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: The timing was after the IFB -- Ms. Perez: Right. Vice Chair Hardemon: -- was complete. The City reached out and they sent an email, through Ms. Perez, that asked, "Why didn't you bid?" Ms. Perez: Yes. Ms. Mendez: Why you did not bid. Vice Chair Hardemon: Right. Ms. Perez: At that point, it wasn't under the Cone of Silence, so that point we send out the survey to determine why there was only one bidder to see if there were any deterring factors that deterred -- Vice Chair Hardemon: And still, today, it's not under the Cone of Silence. Ms. Mendez: At this time, it's either -- Commissioner Suarez: It's not. Ms. Mendez: At this time, it is not, because it was coming to you for an award. If we're going back to discuss certain aspects and negotiate other -- with others -- at the end of the day, asking -- trying to figure out things, whatever, it is a negotiation. So if -- can we -- we can do it in two parts would be best. Vice Chair Hardemon: No. So the negotiation part has nothing to do with -- these three parts are distinct. The three requests that I'm having are very distinct. One is to discuss the final and best offer. One is to determine whether or not if there was a new IFB put out, would someone bid. And the third is to actually do a comparison, using our Auditor General, of the existing County and the existing City contract. Ms. Mendez: Okay. Chair Gort: Okay, thank you. Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Chair Gort: Thank you. Mr. Hannon: Now -- Ms. Dougherty: Thank you, and Happy Holidays. Mr. Hannon: Excuse me, Chair; that was just a motion directing the City Manager. We still have the item to address, if you want to defer it -- Vice Chair Hardemon: So move to de -- Chair Gort: Yeah, yeah. City of Miami Page98 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Carollo: So we defer that. Vice Chair Hardemon: -- defer it. Mr. Hannon: Okay. And would you like it first meeting in January, second, or --? Mr. Alfonso: Now, ifI may, we need time to discuss. We'll bring it back when it's ready. Chair Gort: (UNINTELLIGIBLE). Mr. Hannon: Well, for the record, though, because we need to take action on the item itself, would you like to --? Mr. Alfonso: Can you do an indefinite then, and we'll bring it back --? Mr. Hannon: Indefinitely deferring. You'll bring it back in six months. Mr. Alfonso: (UNINTELLIGIBLE). Vice Chair Hardemon: 171 move that. Mr. Alfonso: Well, it'll be before, hopefully. Vice Chair Hardemon: This is good. Chair Gort: Okay. Madam Attorney, I understand we have a -- Mr. Hannon: Sorry, sir. Chair Gort: -- discussion. Mr. Hannon: Sorry, Chair. Sorry. There was a motion. Who second? Chair Gort: Yeah, it was passed. Mr. Hannon: No. This is a -- Chair Gort: Motion by Vice Chairman Hardemon and second by Commissioner Suarez. Mr. Hannon: And this is for the -- Commissioner Carollo: No. Mr. Hannon: -- indefinite deferral. Commissioner Carollo: This is for the deferral. Chair Gort: Correct -- Mr. Hannon: Yes. Chair Gort: -- the deferral, yes. Mr. Hannon: All in -- and then, if you'd like to call the question on the indefinite deferral. City of Miami Page99 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.5 15-01415 Department of Capital Improvement Programs/Transportat ion Commissioner Carollo: I just want to be -- I just want to make sure we are correct. There was a motion; it was seconded; it was voted on. This is now a separate motion to defer this item, and it was a motion by Commissioner Hardemon. Was -- I'll second the motion to defer indefinitely. Chair Gort: Okay, all in favor, state it saying aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO CONTINUE THE ENVIRONMENTAL REMEDIATION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1199 NORTHWEST 62ND STREET, MIAMI, FLORIDA ("PROPERTY") AND AUTHORIZING FDEP TO PERFORM ASSESSMENT SERVICES AT THE PROPERTY WITHOUT ANY FEES OR COST TO THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID AGREEMENT, AND ANY RELATED AGREEMENTS REQUIRED, AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 15-01415 Summary Form.pdf 15-01415 Legislation.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, Russell, Carollo, Suarez and Hardemon R-15-0537 Chair Gort: Gentlemen, we're on RE.5. I know we have a time certain requirement, but the -- for 5 o'clock for RE.18. Jeovanny Rodriguez: Good morning, Commissioners. Jeovanny Rodriguez, director of Capital Improvements & Transportation. RE.5 is a resolution authorizing the City Manager to execute a Petroleum Restoration Program Site Access Agreement for a property located at 1199 Northwest 62nd Street with Florida Department of Environmental Protection, FDEP; authorizing FDEP to continue the environmental services at this property -- Commissioner Suarez: So moved. Mr. Rodriguez: -- at -- I'm sorry; at zero cost to the City. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Any discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. City of Miami Page 100 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 RE.6 RESOLUTION 15-01440 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE "CITYWIDE STORM SEWER REPAIR CONTRACT M-0083" WITH JVA ENGINEERING CONTRACTOR, INC. ("JVA") IN AN AMOUNT NOT TO EXCEED $1,004,145.00, THEREBY INCREASING THE CONTRACT CAPACITY FROM AN AMOUNT NOT TO EXCEED $995,855.00 TO AN AMOUNT NOT TO EXCEED $2,000,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD OPTION TO RENEW CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND JVA, THAT INCLUDES AN AMENDED ARTICLE 2 PROVIDING SAID INCREASE IN CONTRACT CAPACITY. 15-01440 Summary Form.pdf 15-01440 Pre-Legislation.pdf 15-01440 Back -Up from Law Dept.pdf 15-01440 Legislation.pdf 15-01440 Exhibit.pdf Motion by Commissioner Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0538 Chair Gort: RE.6,; got a long agenda, people. Eduardo Santamaria: Good afternoon, Mr. Chair, Commissioners. RE.6 is a resolution amending the Citywide Storm Sewer Repair Contract M-0083, with JVA Engineering Contractors to increase the contract amount to $2 million per year for a total not to exceed $4 million, subject to available funding. Chair Gort: Thank you. Motion. Can we keep the discussion quiet out there, or to move to the middle? Commissioner Russell: It's Commissioner Suarez. Chair Gort: Yeah, I know it's him. Commissioner, can you take the meeting to your --? Okay, discussion, questions, motion. Commissioner Russell: Move. Commissioner Carollo: Second, discussion. Chair Gort: It's been moved by -- Commissioner Carollo: Commissioner Russell. Chair Gort: -- Commissioner Russell; second by -- Commissioner Carollo: Commissioner Carollo. City of Miami Page 101 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: -- Commissioner Carollo. Commissioner Carollo: Discussion. Chair Gort: Been a long clay. Yes, sir, discussion. Go ahead. Commissioner Carollo: Thank you, Mr. Chairman. Yeah, I mean, I guess the only issue, concern that I have with this is, it's only one company, so I understand we need some of this engineering, but there's only one company. Do we have other companies we work with? And what are their -- and if we do, what are their capacity? Where are we? Mr. Santamaria: Commissioner, there's only one company under contract right now for storm sewer repair citywide, but we are looking at other contracts, north and south areas of the City, to buttress this contract amount, give us more flexibility, and be able to handle some of the backlog that we have in the City in regard to storm drain repairs. Commissioner Carollo: And I guess that's my question. I mean, I guess with sea level rise, and with the different flooding issues that we encounter, only having one onboard, or one company onboard, and now, having to increase their capacity almost double what their original amount is, I don't know. I don't think it's too prudent. It's -- and I get it, we're in this situation; I just don't think we should be in this situation. Mr. Santamaria: It gives us the opportunity to be more responsive and handle this backlog now until we spool up with the other companies, because that will have to go to bid. Chair Gort: Further discussion? Seeing none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION 15-01427 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS WITHIN THE STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTHWEST/SOUTHEAST 7TH STREET AND SOUTHWEST/SOUTHEAST 8TH STREET, MIAMI, FLORIDA, AS STATED HEREIN. 15-01427 Summary Form.pdf 15-01427 Back -Up Documents.pdf 15-01427 Legislation.pdf 15-01427 Exhibit.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, Russell, Carollo, Suarez and Hardemon R-15-0539 Chair Gort: RE.8. Eduardo Santamaria: Again, Ed Santamaria, director of Public Works. Commissioner, R -- I'm City of Miami Page 102 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 sorry; I think got these items mixed up. I actually did RE.8 first. Commissioner Suarez: Yeah, you did, because there was a covenant in the last one, yeah. Mr. Santamaria: So RE.7 is a resolution authorizing the City Manager to execute a maintenance memorandum of agreement for installation and maintenance of non-standard improvements within State right-of-way -- road right-of-way adjacent to the Brickell City Centre Standard Area Plan. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Suarez; second by Commissioner Carollo. Further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.8 RESOLUTION 15-01432 Department ofPublic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING A COVENANT RUNNING WITH THE LAND FOR NON-STANDARD IMPROVEMENTS WITHIN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY ("COUNTY") AND STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTHEAST 6TH STREET, SOUTHWEST/SOUTHEAST 7TH STREET, SOUTHWEST/SOUTHEAST 8TH STREET AND SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AND FOR WHICH THE CITY WILL ENTER INTO AN INTERLOCALAGREEMENT(S) WITH THE COUNTY AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY WITH BRICKELL CITY CENTRE PROJECT, LLC. 15-01432 Summary Form.pdf 15-01432 Back -Up Documents.pdf 15-01432 Legislation.pdf 15-01432 Exhibit.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, Russell, Carollo, Suarez and Hardemon R-15-0540 Chair Gort: RE.7 [sic]. Eduardo Santamaria: Once again, Commissioners, Ed Santamaria, director ofPublic Works. RE.7 [sic] is a resolution accepting and authorizing the City Manager to execute a covenant running with the land for installation and maintenance of non-standard improvements within City, County and State right-of-way along the Brickell City Centre Standard Area Plan. Chair Gort: Thank you, sir. Discussion? Question? Motion? Commissioner Suarez: So moved. City of Miami Page 103 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 RE.9 15-01466 City Manager's Office Commissioner Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez; second by Commissioner Carollo. Any further discussion? Being none, all in favor, state it by saying "aye." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE PORT OF MIAMI TUNNEL AND ACCESS IMPROVEMENT PROJECT ("PROJECT") AND THE MASTER AGREEMENT ("MASTER AGREEMENT"), DATED AS OF FEBRUARY 15, 2008, FOR THE PROJECT AMONG THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), MIAMI-DADE COUNTY ("COUNTY"), AND THE CITY OF MIAMI ("CITY"), AUTHORIZING THE CITY MANAGER TO PAY TO FDOT THE CITY'S FINAL CONTRIBUTION SHARE OF INTEREST IN THE AMOUNT OF ONE MILLION, FIVE HUNDRED TWELVE THOUSAND, ONE HUNDRED EIGHTY-NINE DOLLARS AND TWENTY CENTS ($1,512,189.20) ("CITY'S FINAL PAYMENT") AND APPROPRIATING THE CITY'S FINAL PAYMENT AMOUNT FROM THE GENERAL FUND'S NON -DEPARTMENTAL ACCOUNT(S); FURTHER AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY CITY EMPLOYEES TO (A) EXECUTE SUCH REQUIRED RE -APPROPRIATIONS WITHIN THE GENERAL FUND'S NON-DEPARTMENTALACCOUNT(S) AS NECESSARY TO FUND THE CITY'S FINAL PAYMENT, AND (B) EXECUTE SUCH OTHER DOCUMENTS, INCLUDING BUT NOT LIMITED TO, RELEASES AND ACKNOWLEDGEMENTS BY FDOT OF THE CITY'S FULL PERFORMANCE OF ITS FINANCIAL OBLIGATIONS, AS MAY BE REQUIRED UNDER THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL, TO EVIDENCE THE CITY'S FINAL PAYMENT AND FULFILLMENT OF ALL FINANCIAL OBLIGATIONS AND TO RELEASE THE CITY FROM ANY FURTHER FINANCIAL OBLIGATIONS FOR THE PROJECT AND UNDER THE MASTER AGREEMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION WITH THE CITY'S FINAL PAYMENT. 15-01466 Summary Form.pdf 15-01466 Legislation.pdf 15-01466 Exhibit.pdf Motion by Commissioner Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0541 Chair Gort: We took care of RE.8, huh? Daniel J. Alfonso (City Manager): RE.9. Chair Gort: RE.9. City of Miami Page 104 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Alfonso: Commissioner, RE.9 refers to an item related to the $1.5 million debt that the Florida Department of Transportation has been trying to collect from the City for some time. We have gone back and forth with them. This relates back to the tunnel construction, the $50 million that the City was committed to that tunnel. And at this point, after having long discussions with the Florida Department of Transportation and our own legal office, it is the recommendation of the Administration that we go ahead and pay the $1.5 million in interest that the FDOT (Florida Department of Transportation) has been demanding for some time to close out this issue. Chair Gort: Okay, thank you. Discussion. Commissioner Russell: This is an interest payment of 1.5? Mr. Alfonso: It's interest payment of 1.5 million -- $1, 512,189.20. Commissioner Russell: If I'm not mistaken, it was a -- it was from a letter of credit, though; not from a loan. Chair Gort: Right. Commissioner Russell: Or a bond. Mr. Alfonso: Not exactly, sir. The City of Miami was committed to pay $50 million towards the construction of a tunnel. The State of Florida, the way it put its construction project together, had an assumption of the City of Miami making a payment of $50 million. If we made a payment of $50 million, as required in the initial agreement, then they would have earned interest on that $50 million. That interest could go towards the construction of the tunnel. So they, in their construction estimates for cost, assumed revenue to offset expense related to the 50 million. At the time that the City was required to make the payment, it did not have the funds, so they worked out an arrangement whereby the City would issue a letter of credit to meet its obligation, quote/unquote, instead of making an actual payment of 50 million, but you don't earn interest on a $50 million letter of credit; you only earn it on cash. So the State eventually came back and said, "Hey, guys, you owe us $1.5 million in interest, because you didn't make the $50 million payment." You gave us a mechanism by which we were able to proceed, and eventually, we did take out that letter of credit with the loan; and then, eventually, we bonded that and took out the loan, with a permanent payment that the CRA (Community Redevelopment Agency) is making the debt service payments on; but nonetheless, the State was short $1.5 million in its construction budget, and they're expecting us to pay them the $1.5 million. Commissioner Russell: It seems that we're between a rock and a hard place with FDOT on this one, and even though we don't necessarily agree with the 1.5, we're kind of in a position where we need to pay it to move forward with them on various things. Mr. Alfonso: I would agree with that statement, sir. Commissioner Russell: That's all I got. Chair Gort: Do I have a motion? Commissioner Suarez: If it were anybody but FDOT -- right? -- maybe we'd just jump at the chance to pay them interest. Commissioner Russell: I'm just floored that we're paying interest on a letter of credit that's issued that they should have just called on -- I mean, when the letter of credit expires, they get their money, and for whatever reason, they didn't collect it, and they've let it ride, and they found City of Miami Page 105 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 a way to calculate interest and force us to pay it. It's -- I guess you got to pick your battles and understand where you've got your strength, and where you don't, and I guess we don't here, but that's a big chunk. Commissioner Carollo: Call the vote. Commissioner Suarez: Nobody's moved it. Chair Gort: We need a motion. Commissioner Russell: I'll move it. Commissioner Suarez: What are you looking at me for? Why is everybody looking at --? Commissioner Russell: I'll move. Chair Gort: Move to make the payment? Commissioner Russell: Make the payment, yeah. Chair Gort: Okay, there's a motion. Is there a second? Commissioner Suarez: I'll second it for discussion. Chair Gort: Second. Discussion. Commissioner Suarez: I think the Commissioner is starting to figure out how things work here. It's understandably difficult -- it's hard for me to understand why they didn't just call the letter of credit; you know what I mean? If we have a -- you know, if they needed the money -- just bear with me because I was here when it happened; at least -- I was here at least when the letter of credit got converted to a loan, which then later was converted to a bond, and I made a big deal about it, because we had just found a week before like $60 million or something like that. Anyways -- $40 million -- so, you know, I second it. I think, you know, with these kinds of issues -- this goes to an earlier conversation that we had. You know, we can fight them, tooth and nail, okay? We can fight them, tooth and nail, as we do with some other entities sometimes. We could capitulate or we could look at the broad spectrum of the relationship and say, "You want us to do this. We could fight you, tooth and nail; or we could capitulate; or you have, you know, five or six different projects in the pipeline are priorities that we're looking at that we need you to sort of look at it from our perspective." And I'm sure all of you have FDOT-controlled roadways, where you feel maybe a certain speed should be lesser than what it is; or maybe certain curb cuts should or shouldn't be there, or maybe roads should or shouldn't be repaired on a certain schedule. I happen to now be on the MPO (Metropolitan Planning Organization), and as a member of -- this Commission's appointee, and those are the kinds -- and I have a good working relationship with them, but, you know, it's sort of like other entities that have statewide jurisdiction, where, you know, sometimes, you have to, you know, coax them -- sometimes, it's the hammer; sometimes, it's the carrot; sometimes, it's the stick -- to get your way. So I would just -- I seconded the motion because I just -- but I wanted you to put that on your radar screen, because in the future -- you know, this is a big organization. This is a big amount of money, I mean, a million and a half dollars. And I don't know what is out there in your respective area that you may be pushing for, and I remember there was an effort at one point to lower the speed on Brickell, for example, and I think Brickell is an FDOT-controlled street, for pedestrian purposes. So, you know, those are the kinds of things that, when there's a million and a half dollars hanging in the balance, so probably not a bad idea to discuss with the secretary, the district sec -- who, by the way, is a phenomenal person. Gus Pego is a great guy. I don't know if he's here. I don't know if anybody from FDOT is here, but -- I don't see anybody -- they're good City of Miami Page 106 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 people, but they have their ways. And it's a Tallahassee down mentality versus our neighborhoods, and, you know, protecting our quality of life, which sometimes comes into conflict. Commissioner Russell: I -- Commissioner Suarez: That's all I got. Commissioner Russell: If I may? Chair Gort: Yes, sir. Commissioner Russell: In briefing with staff I understand this is their recommendation on how to move forward and smooth things over, and I'm going to defer to the Commission to learn and understand the best way to handles these things. My concern, obviously, is by doing this, are we making them more friendly in our future projects, or are we letting them know that they can do this to us whenever they want to and sort of --? Commissioner Suarez: Therein lies the question. Commissioner Russell: Yes, so -- Chair Gort: Any further -- Commissioner Russell: -- but you got me to make the motion, so it's now made. Commissioner Suarez: No, listen, it wasn't for that reason, I don't think. I think, you know, the tunnel happens to be in your district, but I don't think that was -- you know, I just think all of us up here, when you talk about a disputed issue, we've all had to deal with them, so we've seen how the relative leverage is, where there's moments of leverage, and that's why I just wanted to sort of bring that to the forefront, so. Chair Gort: Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.10 RESOLUTION 15-00631 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE GREEN CORRIDOR PACE DISTRICT TO EXPAND ELIGIBILITY FOR FINANCING OF QUALIFYING IMPROVEMENTS TO PROPERTIES WITHIN HISTORIC DISTRICTS. 15-00631 Legislation.pdf SPONSORS: HONORABLE MAYOR TOMAS REGALADO COMMISSIONER FRANCIS SUAREZ Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0542 City of Miami Page 107 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 A motion was made by Vice Chair Hardemon, seconded by Commissioner Suarez, and was passed unanimously, directing the City Manager to place a Property Assessment Clean Energy (PACE) Program item on the January 14, 2016, Miami City Commission agenda that allows Commission Districts not currently participating in the program to opt into the program. Barnaby Min (Deputy City Attorney): Mr. Chair, just for the record, DI.2 is a companion to RE.10. Discussion Item 2. Chair Gort: Sure, no problem. (UNINTELLIGIBLE). Commissioner Suarez: Thank you, Mr. Chair. RE.10 and DL2 relate to an amendment to the PACE (Property Assessed Clean Energy), District PACE Program. As you may recall, the PACE Program came to the City of Miami as a program that would allow for our residents to finance energy -efficient retrofits to their home or business. We started by confining the program to the business sector. After doing that for a period of time, we came back and decided that we wanted to authorize it, at least in a limited fashion, in the residential sector; and we said at the time, we were going to do it as a pilot program. I happen to be a very big fan of the program; actually used it to do my roof so I'm not only a -- you know, it's like the "Hair Club For Men" commercial: I'm not only the president, but I'm also a client, so -- How are you, Mayor? And thank you for being here, by the way. And so we did it. We implemented it in our districts. I know some district Commissioners at the time expressed concerns that there may be the possibility for either manipulation or there may be the possibility of some sort of consumer protection issues for our residents, and I think that's why we allowed the company to operate in the residential space in a couple of districts to let them build a track record and see whether the experiences from our residents and from our business owners was a positive experience or a negative experience. I can tell you that a lot of my residents have reached out over that time thanking us for having implemented it in our district. I've also received letters and emails from other districts wondering and hoping if it will ever be extended to those districts as well. So I want to also recognize our Mayor, who is a co-sponsor with me on this legislation, and I don't if he wants to say a few words. I also want to recognize Mayor Stoddard, who came from South Miami, and I think wants to say a few words on this issue; and representatives of the company. Mayor Tomas Regalado: Good morning, Chairman, Vice Chairman, Commissioners. Just for the record, this would only impact small areas of the City of Miami. It doesn't -- so people won't be misled. This is only about historical areas of the City of Miami, which happens to be areas in D5, and I would like to, of course, hear our Commissioner from the area. Those areas that will be impacted will be, number one, Spring Garden; and number two, I think Belle Meade, the area of Belle Meade, which is all in District 5. Other than that, it would not impact in other areas of the City of Miami. Chair Gort: Now, I just want to make sure; we discussing RE.10 -- Mayor Regalado: Right. Chair Gort: -- right now? Yes, sir. Vice Chair Hardemon: Mr. Chairman. When this -- well, not when this item, but when the item discussing expanding the PACE District to all of our districts came up, there were many Commissioners that did not participate within that, and I was one of those Commissioners who had some concern about the program; although, I didn't have to express it on the dais, because I think it was sufficiently expressed by my board members. However, from -- there are a couple things that come to mind with this. The first is that I wanted to know -- because I heard there was pending litigation within our court systems. I received a memo from -- and I'm sure all of you have received a memo from our City Attorney that discussed the pending litigation that seemed to relieve our concerns. PACE and YGrene, for instance -- well, I still have heartburn City of Miami Page 108 Panted on 1/22/2016 City Commission Meeting Minutes December 10, 2015 about YGrene, and the reason I have a heartburn about YGrene is because YGrene understood that within certain districts, they were not allowed to implement the PACE Program. However, they still chose to advertise to people within that -- those parts of the communities for that program; and in turn, the people, when they responded to YGrene saying they wanted the program, YGrene would return a message to them that says, Oh, by the way, it's not available in your program [sic]; contact your Commissioner.'And so YGrene was causing this hoopla -- Chair Gort: Excuse me. Excuse me a minute. We have a process. After the Commissioners get through, it'll be open to the public. Vice Chair Hardemon : So YGrene was -- Chair Gort: I'm sorry; go ahead. Vice Chair Hardemon: Thank you very much, Mr. Chairman. YGrene was causing a hoopla within our districts and made it about people calling in saying, Oh, I want this program. I want this program. Why didn't you do this program?"And part of this process that we do here in the sunshine is about getting the public's opinion about different programs that we bring to our City or different resolutions that we may pass or deny, but -- and this one, I thought, was pretty interesting, because the PACE District was something that we have discussed over many years, even years before I came here, and we expanded it in certain types of ways. And during the time that I was here, there was never as much community input, if you will, about the program, and I think that part of the reason is just because of the way that YGrene went out and advertised its business, which I believe is part of my initial concern, which was the fact that you have -- in some districts and in some areas, you have the ability to coerce people into these improvements, and the people cannot afford the improvements, and then they lose their properties, et cetera, et cetera. But all in all, considering the information that I received from the City Attorney's Office, I'm a bit more comfortable moving forward and -- but what I'm having trouble understanding is that every time this issue came up, for instance, the last time, I specifically said that I don't want to see it put forth in the historical neighborhoods only, because I said that -- well, first of all, the historical communities, most of them are in mine. That's the first part. And the second is that I wanted to see the original bill come back in the form that we agreed that it would come back in, and that original bill form was that it would come back as an opportunity for each of the districts to add them. Because at this point, I don't want to give it only to historic Bayside or any of our, you know, historical community. I want to give it to all of my communities, so I want people who are on the west side of the district to be able to access this program as well. So that's why, in RET's [sic] current form -- RE.10's current form, I'm not supportive of it. I would rather see it -- and I asked a member of the City Attorney the last time I was here, I said, "Well, if I make the amendment on this bill, on this resolution to have it for the entirety of the district, or to allow us to do an entirety of the district, would that change truly the form of this piece -- of this resolution? Because there's supposed to be something that comes back, and I thought it would be this meeting, where it would say, "The entire City of Miami has an opportunity to participate within YGrene; who wants to opt in" -- Commissioner Suarez: Right. Vice Chair Hardemon: -- basically, and that's still not here. Mayor Regalado: Mr. Vice Chair -- Chair Gort: You're recognized. Mayor Regalado: If may, Mr. Chair. -- I thinkl can explain. Because of the district change, when D2 lost that part, there were several dozens of property owners that already had started the process, and this is how this came about. So you're right, you know; you should analyze the City of Miami Page 109 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 whole district and look at the City as a whole. But the reason that I and Commissioner Suarez sponsor that several month ago is because there were some property owners in now your district that wanted to start and did start the process. I know at least about 10 that when the district change, they kind of didn't know what to do, so that's the explanation for the historic district. And, yes, it would go into Spring Garden, which has not been changed out of D5 forever, so I understand what you're saying. And I just want to clam that the reason that we did this is because there were some people in the Upper Eastside that wanted to follow up on what they already had began. Vice Chair Hardemon: So it -- and this is -- a matter of if it's true and correct in this form if I moved to amend this resolution so that it would allow for the entirety of my district to be added to it, and I don't know if any other Commissioners want to add theirs also, but, I mean, that's where I stand. Victoria Mendez (City Attorney): Vice Chairman, the way that this resolution is drafted right now, we would only be able to include the historic districts; we would not be able to expand it, because that's how it was advertised. And in order to give notice, we would have to say that it is your whole district and not just the historic districts within -- but we could go forward with this one, and then bring legislation in January, or we could just bring it all in January. Vice Chair Hardemon: Can anyone help me understand why the entirety of the legislation -- the part that said "all of the districts" was supposed to come back hasn't come back yet? Because I feel like I'm -- I keep saying the same thing, I mean, each meeting. Ms. Mendez: The way that I understood the directive -- and I don't know, because this is also the legislation that was brought forward -- was that a report was to be given, which I believe that all of you received reports on the status of it; that the actual case status within the Supreme Court, all that information was to be given to you, and that this was to be brought back at this time for a vote. I did not understand that you wanted to bring back your whole district. I brought the legislation back as it was presented by the two co-sponsors, but I don't know how the Manager understood it. Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: If I could, before there's a motion put on the floor, I'd like to move to have the Administration bring to us a PACE District item that allows each Commissioner who has not participated within the program to opt into the program at the next meeting. Is that fair? Commissioner Suarez: Yes. Vice Chair Hardemon: And I'm -- Chair Gort: To be fair, I have a lot of questions myself, and I'm going to see a lot of amendments, because I've walked quite a bit within my district; I only ran into one person, that somebody from Home Depot went and told them, No, this is City of Miami. You don't have any problem. It's easy. No problem at all. "And there is some problems in the financing, so that's something that I'd like to amend myself too. Yes, sir, you're recognized. Commissioner Suarez: I'll yield to -- he hasn't had a chance to speak on the item; I'll yield to the Commissioner. Commissioner Carollo: Mr. Chairman. City of Miami Page 110 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Yes, sir. Commissioner Carollo: Thank you. Let me begin by saying that, initially, when this program was first brought to the Commission, some of us had some concerns, and they weren't far-fetched. I mean, Freddie Mac and Fannie Mae had concerns, and they very well stipulated those concerns, you know, and I think that's why we adopted a pilot program in order to try some of the -- you know, this new program and see how it would work. I -- you know, I know that -- I believe Tuesday is when we received the report. I haven't really been able to go through it thoroughly yet, and I'd be open to analyzing that report and seeing where we are now. I do agree with what you said as far as targeting certain sectors of our communities that weren't necessarily in that program, but with that said, still, I mean, I'm open to analyzing, see in the future where we're at, but -- and I'd like to see if there still are the pending lawsuits and where we're at with that, because I still haven't been able to, you know, review that information, but it's not like our concerns were far-fetched. I mean, I'm talking the two largest companies or organizations of you know, lending, which is, Freddie Mac and Fannie Mae publicly came out and said they had issues with it, so. Chair Gort: Yes, sir, Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. What I would like to suggest, if possible, is, if we could, pass this resolution today, because it would allow for the 10 or so homeowners who are -- Vice Chair Hardemon: No. Commissioner Suarez: Yeah. Vice Chair Hardemon: I agree. Commissioner Suarez: Yeah. Vice Chair Hardemon: I -- but what I want to do is take care of them -- that motion first before we -- Commissioner Suarez: I agree, andl -- by the way, I agree with your direction. I think, sort of my understanding was similar to yours, in that, you know, the way this was evolving was going to commercial first, limiting residential, getting that experience together, informing ourselves, and then deciding whether we were going to expand. I think this slight expansion was more of a recognition of what the Mayor articulated, which was that there were certain homeowners that because of the redistricting, sort of fell into some sort of a weird place, for lack of a better terminology. So do you want me to second your motion? Vice Chair Hardemon: I would like that. Commissioner Suarez: Okay. I second your motion to bring it back with an opt -in for all the Commission districts, or opt -out, obviously. Vice Chair Hardemon: Correct. Commissioner Suarez: Don't have to opt in. So let's vote on that, and then I'll move this RE (Resolution), if you want. Chair Gort: Okay, it's been moved and second. Any further -- let's hear from the public. On this one, you want to speak? Commissioner Suarez: Yeah. City of Miami Page 111 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Todd B. Hannon (City Clerk): Excuse me. Chair, this is -- right now, this is just a motion directing the City Attorney and City Manager to bring back legislation at the July 14, 2016 Commission meeting, so if you'd like to take a vote on this motion -- Chair Gort: Okay, then we'll let the public in. Mayor Regalado: July? Chair Gort: All in favor -- Mr. Hannon: I mean, January. Vice Chair Hardemon: Okay, yes. Mr. Hannon: Sorry. Getting a little 'head of myself. Chair Gort: All in favor, state it by saying Bye." The Commission (Collectively): Aye. Commissioner Suarez: And Mr. Chair, I'd like to make a motion on RE. 10, a motion on RE.10. Vice Chair Hardemon: Second. Commissioner Suarez: Thank you. Chair Gort: Go ahead. Any further discussion? RE. 10. This is RE. 10. We'll go into the discussion in a minute. Seeing none, hearing none, all in -- Commissioner Suarez: No, no. I think the Mayor wants to say something on RE.10. Chair Gort: I wanted to hear from him for discussion on RE.10. Commissioner Suarez: I'm sorry? Chair Gort: Your motion's RE. 10. Commissioner Suarez: Correct. Chair Gort: Okay. You want him to speak on RE.10? Commissioner Suarez: Yeah. That's the one that -- that's -- I mean, I don't know. Do you want to speak on it, Mayor? We're about to pass it, so it's up to you. Mayor Phillip Stoddard: 171 be very brief having made the trip down. I think you're all exactly on the right track. Vice Chair Hardemon, I think your proposal is excellent. And to the concerns about Freddie and Fannie, remember that when those concerns were expressed and upheld by FHA (Federal Housing Agency), it was a time when we were coming right out of the housing crash, and Freddie and Fannie were considered very fragile. They're much -- on much more solid ground at this time, and so everybody's concerns have been much allayed about that. I can tell you in South Miami, which is sort of a microcosm of the City of Miami, minus the port, we have the full range of very affluent to very economically disadvantaged people, so we have not had a problem with PACE. We've done it citywide. It's -- it has been used more by affluent families than the less affluent ones. But if you analyze the credit that's available to people, it City of Miami Page 112 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 turns out it's a pretty good deal compared with things such as home equity loans at this point, and so a lot more people are using it. And I see it as a way to get people's roofs repaired who don't -- you know, whose roofs are leaking and so forth. So it's one of the financial vehicles that's available to the public for maintenance of the housing stock in neighborhoods where we're seeing significant deterioration. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: Not only is it a good deal, vis-a-vis, a comparative lending vehicle, but the process is also much simpler, and it's based on a principal of a primary subordination with property taxes versus, you know, income and all the other factors that you would take into account, so it does make it easier for disadvantaged people to take advantage of it, if they want to do -- very important, particularly in a hurricane -affected community like ours -- retrofits to their home. Mayor Stoddard: Yeah. And that's really all I wanted to say. I serve on the PACE Board; I have since its inception. If you have any questions, I'd be happy to help answer them. Chair Gort: Thank you, Mr. Mayor. Vice Chair Hardemon: And that's the part -- the primary subordination is the part that -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- you know, is the mortgagees -- no, the mortgagees have an issue with. Commissioner Suarez: Yeah, it's -- what comes first, the chicken or the egg? Either you make it a second mortgage, which makes it more difficult to give someone the loan, or you make it a primary in debt, which makes it easier, so it's -- the final -- Vice Chair Hardemon: No, no. I can -- completely can understand -- Commissioner Suarez: Yeah, I hear you. I hear you. Vice Chair Hardemon: -- how to go about going to financing -- Commissioner Suarez: Yeah. Vice Chair Hardemon: -- but imagine being the first lien holder -- Chair Gort: Yes. Commissioner Suarez: Yeah. Vice Chair Hardemon: -- and someone comes (UNINTELLIGIBLE) subordination (UNINTELLIGIBLE). How you can even do that is part of what I was concerned about -- Commissioner Suarez: Yeah. No, I get it. Vice Chair Hardemon: -- for this program. Commissioner Suarez: It's a legitimate concern. City of Miami Page 113 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: It's one of the biggest problem. Okay. All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Yes, sir. Discussion. Commissioner Suarez: Smart guy. Chair Gort: Thank you. You all have a good day. Thank you, Mr. Mayor. We'll be calling you. Now, my understanding, we have two members on that board. You're a member, Mr. Mayor? You are a member? Mayor Regalado: What? Chair Gort: On the board. Commissioner Suarez: The PACE Board, yeah. Chair Gort: On the PACE Board. Mayor Regalado: Yes. Chair Gort: And we have another member. Who is it? Commissioner Suarez: I think you only have one now. Mayor Regalado: It's only one. Commissioner Suarez: Only one. Chair Gort: Yes. Commissioner Suarez: Yeah, only one onboard. Chair Gort: Only one? Okay. All right, thank you. RE.11 RESOLUTION 15-00755 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CommissionerKeon CITY MANAGER TO ACCEPT THE DONATION AND INSTALLATION OF TEN Hardemon (10) SCULPTURES FROM NINATORRES, AT AN ESTIMATED FAIR MARKET VALUE OF $1,000,000.00, TO BE INSTALLED ALONG THE MIAMI RIVER AND THE PUBLIC MIAMI RIVER GREENWAY/RIVERWALK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR THE ACCEPTANCE OF SAID DONATION. 15-00755 Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RE.12 RESOLUTION City of Miami Page 114 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 15-01562 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FINDING THAT RIVERSIDE WHARF LLC ("PROPOSER") IS THE TOP RANKED RESPONSIVE AND RESPONSIBLE FIRM PURSUANT TO DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENTS REQUEST FOR PROPOSALS ("RFP") NO. 14-15-024 FOR THE DEVELOPMENT AND LEASE OF THE NORTH RIVERFRONT PROPERTY LOCATED AT 236 AND 298 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, AND IN COMPLIANCE WITH ANY AND ALL APPLICABLE STATE SUBMERGED LANDS LEASE REQUIREMENTS, WITH THE PROPOSER, FOR AN INITIAL TERM OF THIRTY (30) YEARS, WITH AN OPTION TO RENEW FOR TWO (2) TEN (10) YEAR TERMS, SAID LEASE PROVIDING A PAYMENT TERM OF THE GREATER OF EITHER AN ANNUAL BASE RENT OF $195,500.00 ("MINIMUM BASE RENT") OR FIFTEEN PERCENT (15%) OF THE GROSS REVENUES AS DEFINED IN THE LEASE, AND PROVIDING THAT THE MINIMUM BASE RENT SHALL BE ADJUSTED ON AN ANNUAL BASIS BY THE GREATER OF THE CONSUMER PRICE INDEX OR A THREE PERCENT (3%) ESCALATOR, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE; FURTHER PROVIDING THAT THE EXECUTION OF THE LEASE DOES NOT CONFER ANY CONTRACTUAL RIGHTS UPON PROPOSER UNLESS AND UNTIL THE ELECTORATE HAS CAST A FAVORABLE REFERENDUM VOTE APPROVING THE TRANSACTION AS REQUIRED BY CITY CHARTER SECTION 29(B). 15-01562 Summary Form.pdf 15-01562 Legislation.pdf 15-01562 Exhibit - Agreement.pdf 15-01562-Submittal-Daniel Rotenberg-RFP Summary Riverside Wharf.pdf 15-01562-Submittal-Iris Escarra-Miami River Commission Letter of Support.pdf 15-01562 Backup Documents SUB.pdf Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0530 Note for the record: Please see item RE.13 for minutes related to item RE.12 Chair Gort: RE.12. Daniel J. Alfonso (City Manager): Thank you, Commissioners. Yes. Commissioner Suarez: Is anyone from the public going to be able to see us here from the dais with those -- the size of those boards, Mr. Bermello? Did you go to the gym this morning to --? We're not going to wipe out anybody in the first row, are we, if that falls backwards? Commissioner Carollo: They're going to call those billboards. Daniel Rotenberg (Director, Real Estate & Asset Management): Those are big boards. City of Miami Page 115 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: Oh, my goodness. Mr. Rotenberg: Good evening, Commissioners. RE.12 -- Commissioner Suarez: There's -- sir, there's cameras in the back. We need to make sure that they can -- they got it. I think they got it. Mr. Rotenberg: Daniel Rotenberg, director, Department of Real Estate & Asset Management. RE.12: Resolution of the Miami City Commission finding -- Chair Gort: Let me stop you a minute. Can we get IT (Information Technology) to get one of the cameras to put this up so the people could see it, the public? Commissioner Suarez: I don't think it fits in one camera. Chair Gort: They got a camera -- Mr. Rotenberg: You want to move it over there, maybe? Chair Gort: There you go. Mr. Rotenberg: Wow. Chair Gort: Get it closer. That's it. Commissioner Carollo: That couldn't have fit in a car. Mr. Rotenberg: May I? Vice Chair Hardemon: You're recognized, sir, please. Mr. Rotenberg: Thank you. It's a resolution of the Miami City Commission finding that Riverside Walk, LLC (Limited Liability Company), the proposer, is the top ranked responsive and responsible firm, pursuant to Department of Real Estate and Asset Management's Request for Proposals. This was RFP (Request for Proposals) Number 14-15-024, for the development and lease of the north riverfront property located at 236 and 298 Southwest North River Drive, Miami; authorizing and directing the City Manager to execute a lease; any and all applicable State submerged lands lease requirements, with the proper for an -- with the proposer -- sorry -- for an initial term of 30 years, with an option to renew for two 10-year options; the lease providing a payment term of the greater of either an annual base rent of $195,500 or 15 percent of the gross, as defined in the lease. The lease does not confer any contractual rights upon the proposer unless and until the electorate has cast a favorable referendum vote approving the transaction, as required by the City Charter, 29(B), which is actually the resolution following Resolution RE. 13. Victoria Mendez (City Attorney): And, Mr. Rotenberg, are you also going to read into the record RE.13, since we'll have the public hearing for both at the same time? Mr. Rotenberg: I will. RE. 13 is a resolution of the Miami City Commission, making provisions for a municipal election on March 15, 2016, for the purpose of submitting to the electorate at said election the following referendum ballot question: "Shall the City be authorized to lease approximately .73 acres of waterfront land on the Miami River to Riverside Wharf LLC, providing for: One: $195,500 of minimum guaranteed annual rent; and two: An investment of approximately $7 million in privately funded improvements, including the construction of restaurants and the continuity of the Miami River Walk, for a 30-year term, with two 10 year City of Miami Page 116 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 renewal options?" Ms. Mendez: And for the record, RE. 13 needs to be amended to say that it is a special municipal election. Thank you. Vice Chair Hardemon: All right. Well, I'll recognize you, please. Iris Escarra: Thank you very much, Commissioner. Good afternoon, and welcome to our newest Commissioner of District 2, Mr. Russell. Thank you. I'm excited to be here this afternoon. Iris Escarra, with offices at 333 Avenue of the Americas. I'm here on behalf of Riverside Wharf which is Alex Mantecon and Guillermo Vidal. I'm also here on behalf of Luis Garcia, of Garcia's Seafood. I'm joined this afternoon by Willy Bermello, of Bermello and Jamil; and Raul Carreras, also an architect on our team. I wanted to also update the Board and let them know that we've gone before the Waterfront Advisory Board and received a recommendation of approval. We've gone before the Miami River Commission and received a recommendation of approval, and I think Mr. Aguirre is here on behalf of the River Commission. I'm also going to be introducing a letter dated December 9 from the Miami River Commission supporting our item. With that said, I'd like to have Mr. Bermello do a quick presentation regarding the proposal. Chair Gort: See, that's why we need a drone, to take care of and -- Willy Bermello: Mr. Chairman, Members of the Commission, my name is Willy Bermello, with address at 2601 South Bayshore Drive in Coconut Grove. This project I'm very pleased to be a part of and to have been invited by Alex Mantecon and Guillermo Vidal, because, I submit this is a transformational project for the Miami River. This is, without a doubt, a game -changer. And there are three things that I think this project will accomplish. One: It's going to create an iconic destination that will be the talk of the town and entire community, with the eateries, the entertainment, and the public access, but more than the future, what this project I'm proud of is that it preserves the past. There's a 50-year history of the Garcia family and the Garcia's Restaurant, which we will be recreating on your property with a state-of-the-art fish market that more than the glamor and the color, it's going to preserve jobs; it's going to mean that the fishing industry remains in the Miami River; that it's not being replaced by a glitzy, luxury condo. So it's not so much about what we've done, but about what we haven't done. We have allowed the history of the river to maintain the maritime industry. And third, which I think is very important, is the spirit of the public private partnership, because what the City has done and what the private sector has responded, you've taken 32, 000-square foot property that is City property; you have leveraged it into a project that now has 64,000 square feet. Your property has 54 feet of lineal footage on the -- along the street, the street frontage, which is almost undevelopable. Together, with the adjoining properties that are owned or controlled by Alex Mantecon and Guillermo Vidal, you now have more than doubled the frontage, and you have over 680 lineal footage of feet that will provide a Miami River Walk from 195 to the Northwest 1st Street Bridge. The group that's behind this, Alex Mantecon and Guillermo Vidal, are currently finishing completion of a 15,100, 000-square foot retail, restaurant, and self -storage. And, you know, Alex said, "You know, let's not talk about the self -storage, because people get such a bad idea," but I'm very proud of what he's done, because it's a beautiful building. Unfortunately, I was not the designer of it -- I wish I had -- but he did a tremendous job in partnering with FIU (Florida International University) and students in creating an artwork that, today, is really an art piece. And this sits across the way from the subject property of the City. He owns the property immediately to the north, and he controls the property immediately to the south. In addition, in the team, we have Luis Esteban Garcia that they will be the operators of the restaurant and fish market. And in terms of the development team, we have Greenberg, Traurig; NCM General Contractors, which is the largest Hispanic contracting company in the US (United States); and our firm, which we're proud to say a Miami firm, located just down the street. In terms of public benefits -- and this is, I think, one of the key points that I think resonates with the City of Miami Page 117 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 selection committee in the Waterfront Board -- for the first time, we will be able to have a continuous river walk from the MRC (Miami Riverside Center) at the 195 all the way to the Northwest 1st Street Bridge. I said it -- this is not so much about what we're doing, but what we're not doing; less is more. Over 65 percent of the property is going to be open space, and not private open space. This is public open space, so the community will be able to recreate, dine, buy fish, buy seafood, sprawl, jog, by going to this property. Not a single building is more than two stories, so views of the river are protected. We also will have three plazas providing what we call view corridors to the water's edge. When we look at the financing, there will be over $22 million in minimum annual rent that will be paid over the term of the lease; $195,500 minimum annual guaranteed rental payment; 50 percent of the total rental income on the property during the first 10 years; over $1.2 million within the City property and $2.4 million in property taxes within the combined assemblage. There'll be over 300 permanent jobs, and this is probably the most important of all. These are permanent jobs for the community. We're not talking about bringing somebody from New York. These are the people working in four restaurants that'll be there, right there, across the street from Overtown and downtown Miami. And last but not least, Miami Parking Authority will receive millions of dollars in payments for parking on an annual basis. The last word, this is a local team. Alex, Guillermo, they're local; NCM Contractors, local; Luis Garcia, Esteban Garcia, local; and Bermello, Jamil and partners, we -- local; as well as Greenberg, Traurig. We have a total local team delivering your product, and a project that we think we're all going to be very proud of. And at this point, I don't know if Alex would like to make a few words, but that concludes my part of the presentation, and we're ready to respond to any questions that you may have. I know you've been here a long time. We've been here with you this morning. Vice Chair Hardemon: Thank you very much. Mr. Bermello: Sir, we thank you. Vice Chair Hardemon: I think Alex looks good in his suit; doesn't really have to say much. The presentation speaks for itself, especially when we've done a lot of presentations in the past. What I'd like to do is, to respect my colleagues' time and open the floor for public comment. Is there anyone from the public that'd like to respond or make a comment on this item? I cannot see you, so behind this board, say, `I would love to." Chair Gort: Why don't you put it this way, facing that; turn it around, put them against this. Vice Chair Hardemon: Seeing none, I'm going to close the public hearing at this time. Commissioner Suarez: Are you chairing the meeting right now? Vice Chair Hardemon: I'm chairing right now, so. Commissioner Suarez: You want me to make the motion? Vice Chair Hardemon: That's perfectly fine. Commissioner Suarez: Okay, so I'll move the item, and I would like to discuss it after it's seconded. Commissioner Carollo: Seconded. Vice Chair Hardemon: It's been properly moved and seconded that this item is passed, and the item particularly being RE.12. Commissioner Suarez: Thank you, Mr. Chair. City of Miami Page 118 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Vice Chair Hardemon: You're recognized. Commissioner Suarez: Look, I read through some of the committee members' evaluation comments. I think they're completely in line with what this Commission said at the last Commission meeting. I want to commend the Manager for listening to the Commission and hearing our direction to wrap this up, and to get the committee established, and working on a tight time frame, I'm sure that wasn't easy, but that's a testament to his, you know, listening to what we asked him to do, and so, we're -- you know, I'm appreciative of that. And I also want to thank -- a fantastic presentation by Willy, Mr. Bermello; Mr. Mantecon and his partners; and all those involved; the Garcia family, obviously. And I think Mr. Bermello said it best. You know, with this project, you get to not only do a game -changing project in this area, but also and importantly, preserve the history, and that's always a tension, you know, when we're doing projects; and specifically, projects that involve public lands. And the fact that 60 percent of it is open space is also a huge benefit to our public. And it will be the final piece; which, by the way, there's going to be potentially a soccer stadium not too far away, so it could be the final piece of an area that's been blossoming for many, many years. Thank you. Chair Gort: Than you. Any further discussion? Commissioner Russell: I noticed in the public benefit that they've added a kayak and paddleboard launching space. Commissioner Suarez: I wonder why. Commissioner Russell: I was just checking to see if there's no conflict of interest. I always -- I sell paddleboards, obviously, but I've been advised that I'm okay on this one. Alex Mantecon: I can respond to the reason behind that, so at one point, Frankie can attest to -- we went -- he invited me one time at 9 o'clock at night to go paddle -boarding, and we decided we wanted to go on the Miami River. And when we went to the Miami River to find a place to launch the paddleboards, we couldn't find anywhere, so we went to this pier -- it was low tide -- throwing the paddleboard in the water, trying to get on it. It was extremely difficult, and especially at 9 o'clock at night, not wanting to fall in the water, so having this property, I think it gives me the opportunity to be able to say I solved that problem; not just for myself but for anybody else who will eventually have that same problem. Commissioner Suarez: Are you afraid of river sharks; is that what the fear is? Vice Chair Hardemon: For the record, that was Alex Mantecon on -- speaking. But I'm not going to say much. I'm excited about the project. Congratulations on it; looks great. I think there'll be lots of community benefits to come. I think that this is tying in what we see in the future as a jewel for the City of Miami, and that's the Miami River, and this is something that you can't replicate, and because of that, we have to be sure that we provide for development that's smart, and that will attract people there, and people will have a chance to enjoy themselves, so I urge all of my colleagues to support me in this. Chair Gort: Thank you. Any further discussion? Okay, being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair Gort: Great presentations. Thank you. City of Miami Page 119 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.13 15-01563 Department of Real Estate and Asset Management RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 15, 2016, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO LEASE APPROXIMATELY 0.73 ACRES OF WATERFRONT LAND ON THE MIAMI RIVER TO RIVERSIDE WHARF LLC, PROVIDING FOR 1) $195,500.00 OF MINIMUM GUARANTEED ANNUAL RENT, AND 2) AN INVESTMENT OF APPROXIMATELY $7 MILLION IN PRIVATELY FUNDED IMPROVEMENTS INCLUDING THE CONSTRUCTION OF RESTAURANTS AND THE CONTINUITY OF THE PUBLIC MIAMI RIVERWALK, FORATHIRTY (30) YEAR TERM WITH TWO (2) TEN (10) YEAR RENEWAL OPTIONS?'; 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; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. 15-01563 Summary Form.pdf 15-01563-Memo-Scrivener's Error.pdf 15-01563-Legislation-SUB.pdf 15-01563 Exhibit.pdf Motion by Vice Chair Hardemon, seconded by Commissioner Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0527 Note for the Record: Please see item RE.12 for minutes related to item RE.13. Vice Chair Hardemon: Move RE.13. Iris Escarra: With RE.13 -- Commissioner Carollo: Second. Ms. Escarra: -- ifI may, I wanted to make one correction. Mr. Brett Bibeau asked us -- he made a good recommendation -- on the item, the way that it's going, to -- Ms. Mendez made a recommendation to add the word "special" on line 2. On line 11, where it says "continuity of the Miami River Walk" it should say, "a public Miami River Walk," because it will be public, so I think that it was a good suggestion that the voters know that, that river walk there is public. And that's it. Thank you. Chair Gort: Thank you. Todd B. Hannon (City Clerk): And Chair, also, for the record, the resolution authorizing the special election will be Resolution Number 15-0527; that's just for the record. City of Miami Page 120 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Thank you. Any discussion? Commissioner Carollo: Mr. Chairman. Vice Chair Hardemon: I will be adopting those amendments in my motion. Commissioner Carollo: Just real quick, with regards to the translation of the language for the ballot, does the City do that? Does the County? Mr. Hannon: Chair, it's -- Commissioner Carollo, if I may. We have the County do the translation. They have certified translators, and we're very comfortable with how they do their translations. Commissioner Carollo: Perfect. Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Mr. Hannon: As amended. Ms. Escarra: Thank you very much. RE.14 RESOLUTION 15-01467 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 15, 2016, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY"), FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY BE AUTHORIZED TO SELL APPROXIMATELY 5.37 ACRES OF LAND ADJACENT TO MARLINS PARK TO THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA IN EXCHANGE FORA MINIMUM OF $51 MILLION OVER SIXTY (60) YEARS, SO THAT THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORI DA CAN DEVELOP AND OWN A STADIUM AND ATHLETIC FACILITY THAT WILL BE USED TO HOST MAJOR LEAGUE SOCCER MATCHES AND PROVIDE PUBLIC AND EDUCATIONAL PROGRAMMING?"; 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; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; AUTHORIZING THE CITY MANAGER TO COORDINATE WITH THE MIAMI-DADE COUNTY ELECTIONS DEPARTMENT THE CANCELATION OF THE REFERENDUM SPECIAL ELECTION, IF NECESSARY. 15-01467 Summary Form.pdf 15-01467 Legislation.pdf 15-01467 Exhibit.pdf City of Miami Page 121 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.15 15-01487 Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management MANAGEMENT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI DADE COLLEGE FOR THE CONTINUED MANAGEMENT OF THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1508 SOUTHWEST 8 STREET, MIAMI, FLORIDA, A/K/A TOWER THEATER, WITH A TERM OF FIVE (5) YEARS, AND OPTIONS TO EXTEND FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 15-01487 Summary Form.pdf 15-01487 Legislation.pdf 15-01487 Exhibit.pdf Motion by Commissioner Carollo, seconded by Commissioner Russell, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Russell, Carollo and Hardemon Absent: 1 - Commissioner(s) Suarez R-15-0543 Chair Gort: RE.14. Todd B. Hannon (City Clerk): RE.14 was withdrawn. Chair Gort: That's right. Daniel Rotenberg (Director, Real Estate & Asset Management): It's RE.15. Chair Gort: 15. Mr. Rotenberg: Daniel Rotenberg, director, Department of Real Estate & Asset Management. RE.15 is a resolution authorizing the City Manager to execute and renew a management agreement with Miami Dade College for five years, with two additional five-year options. Chair Gort: Okay. Is there a motion? Commissioner Carollo: Move it. Chair Gort: Moved by Commissioner Carollo. Is there a second? Commissioner Russell: Second. Chair Gort: Okay, it's been a second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. City of Miami Page 122 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 RE.16 15-01470 RESOLUTION Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Estate and Asset ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Management RENEWAL LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, AUTHORIZING THE ONE (1) FIVE (5) YEAR RENEWAL OPTION TO THE EXISTING REVOCABLE LICENSE AGREEMENT WITH THE MIAMI ROWING AND WATERSPORTS CENTER, INC., A FLORIDA NONPROFIT CORPORATION, FOR USE OF THE PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, INCREASING BOTH THE MONTHLY USE FEE FROM $2,000.00 TO $2,500.00, PLUS STATE USE TAX, IF APPLICABLE, AND THE PERCENTAGE FEE OF MONTHLY GROSS REVENUES FROM TWELVE PERCENT (12%) TO THIRTEEN PERCENT (13%); AND APPROVING THE SIX (6) MONTH WAIVER OF THE MONTHLY USE FEE FOR THE PERIOD OF SEPTEMBER 2015 THROUGH FEBRUARY 2016 FOR THE TOTALAMOUNT OF $14,500.00. 15-01470 Summary Form.pdf 15-01470 Legislation.pdf 15-01470 Exhibit-Agreement.pdf Motion by Commissioner Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0544 Chair Gort: 16. Daniel Rotenberg (Director, Real Estate & Asset Management): RE.16, Commissioners: A resolution of the Miami Commission -- this is the renewal of the Miami Rowing Club, its revocable license -- authorizing the City Manager to execute a renewal letter for one five-year renewal option to the existing revocable license agreement with the Miami Rowing Water Sports, Inc., located at 3601 Rickenbacker Causeway. Their monthly use fee is going to be increased from 2,000 to $2,500; and we're also increasing the monthly fee for the gross revenues from 12 percent to 13 percent. We're also, at the same time, approving a six-month waiver of the monthly use fee for the Rowing Club due to the construction that's on site. Chair Gort: Thank you. Commissioner Russell: Move it. Commissioner Carollo: Second. Chair Gort: Been moved by Commissioner Russell; a second -- Commissioner Carollo: Second. Chair Gort: -- by Commissioner Carollo. Yes, sir, you're recognized. I think you're ahead. Lawrence Terry: Monk Terry. I live at 800 Alhambra Circle in Coral Gables, but Ilived on Tigertail for 34 years. I'd like first to welcome the new Commissioner. Commissioner Russell: Thank you. City of Miami Page 123 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Mr. Terry: It's great for you to be here. So I'm representing the Miami Rowing Club as I'm here tonight. I want to also congratulate the Commission on moving forward with the Virginia Key Steering Committee. I think that's a great move. I want to let you know how hard your staff has worked at all the construction going on, on -- for the boat show on Virginia Key, and especially Mr. Rotenberg and Mr. Kirwin. It's been a long year, and we've managed to continue to be able to operate out of there. We actually had our best fall competitive season this year. And we've worked hard at being good stewards of our little corner of the Marine Stadium, and look forward to the next five years. Thank you very much. Chair Gort: Thank you. Anyone else? Close the public hearing. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RE.17 RESOLUTION 15-01564 Department ofSolid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A REQUEST TO QUALIFY FOR TWO (2) WEEKS TO ADD ADDITIONAL QUALIFIED PROPOSERS TO THE POOL OF COMMERCIAL SOLID WASTE HAULERS, PURSUANT TO SECTION 22-49 OF THE CITY CODE, AND IN ACCORDANCE WITH REQUEST FOR QUALIFICATIONS NO. 495344, TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ADDITIONAL QUALIFIED PROPOSERS FOR SAID SERVICES, FOR AN INITIAL CONTRACT PERIOD OF FIVE (5) YEARS WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS. 15-01564 Summary Form.pdf 15-01564 Request For Qualifications.pdf 15-01564 Legislation.pdf 15-01564 Exhibit-Agreement.pdf Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon Chair Gort: RE.17. Mario Nunez: Good evening, Messrs. Commissioners. I'm Mario Nunez, director ofSolid Waste. The nature of this item is to request authorization to issue a Request for Qualifications, an RFQ for a period of two weeks to add additional qualified proposers in the pool of commercial solid waste hauling services; also, authorizing the City Manager to enter into an agreement with any of the qualified proposers after the Department of Procurement recommends such action to the City Manager. Commissioner Suarez: Move to deny. Vice Chair Hardemon: Second. Chair Gort: Been moved and -- Vice Chair Hardemon: I didn't know -- that was good. City of Miami Page 124 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Chair Gort: Been moved to deny. Is there a second? Any further discussion? Commissioner Carollo: He seconded it. Commissioner Suarez: He seconded it. Chair Gort: He did, yeah. Vice Chair Hardemon: I second it. Chair Gort: Any further discussion? You guys want to speak? Unidentified Speaker: No. Chair Gort: Okay, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Daniel J. Alfonso (City Manager): Thank you, Commissioners. Chair Gort: RE. 18. Mr. Alfonso: Commissioner, before we take 18, I just -- Commissioner Suarez: By the way, can I just say one thing? It's -- the vote's already taken, so it's got nothing to do with you guys. I want to say we have an amazing director, because I don't think I've ever -- I'm not sure how -- when was the last time we moved to deny something, but I just wanted to make it clear that it's not a reflection on our director. Our director is phenomenal. Vice Chair Hardemon: Absolutely, I agree. Commissioner Suarez: This is a person that is available 24/7. Any time we need something, he is on top of it. He sends me pictures, he documents things like no one else, and I just want to make that clear, because I don't want you to think that our -- my motion to deny that item had anything to do or in any way, shape, or form is a reflection on your work product. You are just a joy to work with, and I will -- I continue to say it, and I want to say it publicly, because that's really how I feel. Vice Chair Hardemon: You know, Mr. Chairman -- Chair Gort: Yes, sir. Vice Chair Hardemon: Everything he said is absolutely true, and I work with you a lot as Chairman of the Commercial Solid Waste Committee, however you say that, but you've always been there for me and that board, by the way, for whatever we needed, so this vote was not a reflection of you. It was a reflection of the item that was on the agenda, and that's just it, but, you know, you do a great job. And Mr. Manager, thank you for hiring him. Mr. Alfonso: I was going to say, I want to point out I hired him out of California, never having met him before. City of Miami Page 125 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.18 15-01414 Commissioner Suarez: Yes. Commissioner Carollo: Mr. Chairman. Chair Gort: Let me tell you -- yes, go ahead. Commissioner Carollo: I want to concur with my colleagues, and, you know, it's impressive when all of us really feel that strong about it that we make a point to make the statement, so congratulations to you, and also the Manager, for making this hiring. Yes, I agree. Chair Gort: I have to tell you, Solid Waste is one of the best performer, and people don't appreciate it, but maintain our City; it's very clean. Matter of fact, they do too good of a job. We have a lot of illegal dumping taking place in the City because of the job that we do. Such a great job, so thank you, and keep up the good job. Mr. Alfonso: Thank you, Commissioners. RESOLUTION District 2 - A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Commissioner Ken DIRECTING THE FILING OF A MAINTENANCE MAP TO MEMORIALIZE THE Russell DEDICATION OF BAYHOMES STREET, MIAMI, FLORIDA, TO THE PUBLIC BASED ON MAINTENANCE AND REPAIR DURING THE IMMEDIATE PAST SEVEN (7) YEARS, IN ACCORDANCE WITH SECTION 95.361, FLORIDA STATUTES, AS STATED HEREIN. 15-01414 Back -Up from Law Dept.pdf 15-01414 Legislation.pdf Motion by Commissioner Russell, seconded by Commissioner Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0546 Chair Gort: Now, my understanding, we addressed RE.5 at the beginning of this meeting, and it was approved. Am I correct? Daniel J. Alfonso (City Manager): RE.5? Chair Gort: Yes. It was a mediation -- Mr. Alfonso: Yes, it was done. Chair Gort: Okay. Mr. Alfonso: It was done before the time certain. Chair Gort: Right. Mr. Alfonso: We kind of knocked it out really quick. Chair Gort: RE. 7. Victoria Mendez (City Attorney): Chairman, are there any other time certain left? I believe City of Miami Page 126 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 there was one more RE (Resolution) that was a time certain, 18. Chair Gort: Well, it's RE.18. Ms. Mendez: RE.18. Chair Gort: RE. 18. Ms. Mendez: Since we have our Public Works director. Chair Gort: This is Commissioner Russell's -- Commissioner Carollo: Item. Chair Gort: -- your item. Commissioner Russell: Yes. This is Bay Homes Street to be memorialized, to be added to the maintenance map. Back in June, we added several of the streets in Bay Homes to be added, so that they could be properly maintained and mitigated for sea level rise and flooding issues that they're having at the bottom end, and this street was not included, and it seems that not including this street will actually not allow us to maintain the other streets properly, so it's being requested to add this to the maintenance map, as well. Chair Gort: Thank you, sir. My understanding is that that street has been maintained by the City in the past. Ms. Mendez: Yes, Chairman. It's actually been maintained in the past, in the '50s, and later in the '90s, and it has also been maintained with regard to potholes and trash holes in the past, and so we're adding this little segment that we forgot to add in June in order to record a maintenance map, pursuant to Florida Statutes, before any other work is done there; that it's a public street. Eduardo Santamaria (Director/Public Works): Mr. Chair, we have addressed trash holes; perhaps not potholes. Chair Gort: Yes, okay. The reason I'm asking this question, my understanding, this is a private street that's being converted into a public street, and we're not setting a precedence since we have done this, so we're not going to be doing this for any other private streets; am I correct? Ms. Mendez: Correct. Chair Gort: Okay. It's been moved by Commissioner Russell. 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. RE.19 RESOLUTION 15-01485 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED SIXTY-TWO MILLION DOLLARS ($62,000,000.00) IN AGGREGATE PRINCIPAL AMOUNT OF A CITY OF MIAMI, FLORIDA ("CITY") LIMITED City of Miami Page 127 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 AD -VALOREM TAX REFUNDING BOND, SERIES 2015 ("BOND") AND THE COSTS OF ISSUANCE THEREOF; APPROVING THE SELECTION OF THE PRIVATE PLACEMENT PROPOSAL FROM PINNACLE PUBLIC FINANCE, INC., A BANKUNITED COMPANY ("PINNACLE") AND PROVIDING FOR THE PRIVATE PLACEMENT WITH AND NEGOTIATED SALE OF SAID BOND TO PINNACLE; SETTING CERTAIN BASIC PARAMETERS OF THE TERMS AND CONDITIONS OF A LOAN AGREEMENT AND THE BOND AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF A LOAN AGREEMENT, THE BOND, AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, AND INSTRUMENTS IN CONNECTION THEREWITH; MAKING CERTAIN FINDINGS AND DETERMINATIONS; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER, THE CITY ATTORNEY, BOND COUNSEL, FINANCIAL ADVISOR, AND ALL OTHER CITY OFFICIALS IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, FINANCIAL ADVISOR, BOND COUNSEL, BOND REGISTRARS AND PAYING AGENTS AND ALL OTHER NECESSARY CITY OFFICIALS TO UNDERTAKE THE NECESSARY STEPS AND TO NEGOTIATE, EXECUTE, AND DELIVER ALL NECESSARY ESCROW DEPOSIT AGREEMENTS, NOTICES, DOCUMENTS, AND INSTRUMENTS IN CONNECTION WITH THE REDEMPTION OF THE CITY'S SEVEN MILLION, ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($7,185,000.00) OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S LIMITED AD -VALOREM TAX BONDS SERIES 2002 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2002 BONDS") AND FIFTY MILLION ONE HUNDRED SEVENTY-FIVE MILLION DOLLARS ($50,175,000.00) OUTSTANDING PRINCIPAL AMOUNT OF THE CITY'S LIMITED AD -VALOREM TAX BONDS, SERIES 2007B (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2007B"); AUTHORIZING THE TRANSFER OF ALL REMAINING PROCEEDS AND INTEREST ON THE SERIES 2002 BONDS AND THE SERIES 2007B BONDS FOR RESPECTIVE REDEMPTIONS IN ACCORDANCE WITH THE AUTHORIZING RESOLUTIONS (AS DEFINED BELOW) AND TAX COMPLIANCE CERTIFICATES (AS DEFINED BELOW) FOR CONTINUING COMPLIANCE FOR THE SERIES 2002 BONDS AND SERIES 2007B BONDS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH; AND PROVIDING APPLICABLE EFFECTIVE DATES. 15-01485 Summary Form.pdf 15-01485 Legislation.pdf 15-01485 Exhibit Pinnacle Proposal.pdf 15-01485 Exhibit - PFM Memorandum.pdf 15-01485 Exhibit - Ordinance 12137.pdf 15-01485 Exhibit - FL Statue 218.385.pdf 15-01485 Memo -New Resolution Number 1-4-16.pdf Motion by Commissioner Carollo, seconded by Vice Chair Hardemon, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Carollo and Hardemon Absent: 2 - Commissioner(s) Russell and Suarez City of Miami Page 128 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 R-15-0545 Daniel J. Alfonso (City Manager): Commissioner Hardemon -- I mean Commissioner -- Vice Chair Hardemon: Russell. Mr. Alfonso: -- Russell -- Chair Gort: Russell. We got -- Mr. Alfonso: -- he stepped out? Chair Gort: -- 18. Commissioner Carollo: Yeah, but we already listened to this, I believe. Wasn't this a time certain? It was. We voted on it. Chair Gort: Yeah. Commissioner Carollo: We voted on RE.18 already. And I'll yield to the City Clerk to -- Nicole N. Ewan (Assistant City Clerk): That is correct. RE.18 was voted on. Chair Gort: 19. Jose M. Fernandez: Good evening, Commissioners. Jose Fernandez with the Department of Finance. RE.19 is a resolution of the Miami City Commission, providing for the issuance of not to exceed $62 million in the aggregate or principal amount of City of Miami Series 2015 bonds, and accepting the selection of the private placement proposal from Pinnacle Bank; authorizing the City -- the Administration all the necessary requirements that it needs to comply with the post -issuance of the 2002 and 2007 Homeland Defense bonds. Your approval on this item will yield approximately $7.8 million of net present value savings, which yields about 13 percent, compared to the par value of the bonds. This went to Finance Committee on November 24, and it was unanimously recommended, so your approval on this would, again, yield about $8 million over the life of the bonds. The maturity of the bonds stay the same. They mature in 2028, so there's no extension of the maturity beyond what it currently is. So I don't know if you have any questions. Chair Gort: Now, this refunding, the statement again is, total? Mr. Fernandez: The net present value is $7.8 million. Chair Gort: Okay. Thank you. Commissioner Carollo: Move it. Chair Gort: It's been moved by Commissioner Carollo. Is there a second? Vice Chair Hardemon: Second. Chair Gort: Second by Vice Chairman Hardemon. Is any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Fernandez: Thank you. City of Miami Page 129 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 RE.20 15-01534 Office of Management and Budget RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE FISCAL YEAR 2015-16 MULTI -YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. 15-0394, ADOPTED SEPTEMBER 10, 2015, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 15-0416, AND RESOLUTION NO. 15-0424, BOTH ADOPTED SEPTEMBER 24, 2015, AND RESOLUTION NO. 15-0463, ADOPTED OCTOBER 22, 2015, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH. 15-01534 Summary Form.pdf 15-01534 Legislation.pdf 15-01534 Exhibit SUB OBSOLETE Motion by Commissioner Suarez, seconded by Vice Chair Hardemon, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Hardemon Absent: 1 - Commissioner(s) Russell R-15-0547 Chair Gort: RE.20. Christopher Rose (Director, Office of Management & Budget): Good evening, Commissioners. RE.20 is a capital appropriation. It's a relatively plain one; one page, no new appropriations. In Exhibit "A," you'll see lines 3, 4, and 5 are at the request of District 4, including moving some of the funds that were appropriated in the new budget to specific projects in the Coral Gate area. Lines 1, 2, and 6 through 15 are at the request of the Administration, involving projects of a citywide nature, and are not tied to individual districts, and they're moving funds from projects that are either completed, or from projects that are not moving forward, more time sensitive; moving funds from projects from "general" to "specific." Commissioner Suarez: Mr. Chair. Chair Gort: Yes, sir. Commissioner Suarez: Sony. I just wanted to put on the record that, after consulting with the City Attorney Office, regarding the projects on line 4 and 5, I'd like to strike lines 4 and 5 from Exhibit "A." They're District 4 projects, but they have some County -related concerns that we need to resolve before we bring them back. They're two out of three allocations. We're going to get the project started on one that is not County prohibitive, if you will, and then we'll come back to this Commission at a later date once we resolve the County issues. Chair Gort: Okay. Commissioner Carollo: Motion as amended. City of Miami Page 130 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Commissioner Suarez: Yeah. Commissioner Carollo: The seconder accepts the amendment. Okay, any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Rose: Thank you, Commissioners. Chair Gort: You guys want to go into PZ (Planning & Zoning) before -- Nicole N. Ewan (Assistant City Clerk): As amended. END OF RESOLUTIONS ATTORNEY -CLIENT SESSION 2:00 PM AC.1 ATTORNEY -CLIENT SESSION 15-01374 Office of the City UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Attorney STATUTES, THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASES OF: MIAMI-DADE COUNTY, ET. AL. V. FLORIDA POWER & LIGHT COMPANY, ET. AL., CASE NO. 3D14-1467, BEFORE THE THIRD DISTRICT COURT OF APPEAL; CITY OF MIAMI V. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET. AL., CASE NO. 15-747, BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS; IN THE MATTER OF FLORIDA POWER & LIGHT COMPANY TURKEY POINT, UNITS 6 & 7, DOCKET NOS. 52-040 AND 52-041, BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION; AND IN RE: NUCLEAR COST RECOVERY CLAUSE, DOCKET NO. 150009, PENDING BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN WIFREDO "WILLY" GORT, KEN RUSSELL, FRANCIS SUAREZ, FRANK CAROLLO, AND KEON HARDEMON; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS, JOHN A. GRECO AND BARNABY L. MIN; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, NICHOLAS P. BASCO, AND MATTHEW S. HABER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION City of Miami Page 131 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 15-01374 Memo - Office of the City Attorney.pdf 15-01374 Notice to the Public.pdf DISCUSSED Chair Gort: Madam Attorney. Victoria Mendez (City Attorney): We have a shade meeting. At what time will we be coming back? Chair Gort: 3. Ms. Mendez: Okay. So then, at 3, Chairman, if you would come back down with me; we read, and everybody else can go upstairs at 3. Thank you. Later... Ms. Mendez: (INAUDIBLE) Florida Statutes, I requested that this City Commission meet in private to discuss pending litigation in the case of Miami -Dade County, et al. v. Florida Power & Light Company, et. al., Case Number 3D14-1467, before the Third District Court of Appeal; City of Miami versus State of Florida Department of Environmental Protection and Florida Power & Light, Case Number 15-747, before the Division of Administrative Hearings; in the matter of Florida Power & Light Company Turkey Point, Units 6 & 7, Docket Number 52-040 and 52-041, before the U.S. Regulatory Commission; and in re: Nuclear Cost Recovery Clause, Docket Number 150009, before the Florida Public Service Commission. The City Commission approved my request, and will now, at approximately 3:33 p.m., commence a private attorney -client session, under the parameters of Florida Statute Section 286.011(8). The private -attorney client session will conclude at approximately 4:30; at which time, the regular City Commission meeting will resume. The session will be attended by Chairman of the City Commission, Wifredo "Willy" Gort; Commissioners Keon Hardemon, Ken Russell, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself the City Attorney; Deputy City Attorneys, John Greco and Barnaby Min; and Assistant City Attorneys Kerri McNulty and Matthew Haber. A certified court reporter will be present to ensure that this session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. Thank you. Todd B. Hannon (City Clerk): And for the record, the meeting stands in recess. Later... Chair Gort: There was an agreement in your -- the item we tabled, SR.1. Mr. Hannon: Excuse me, Chair. Chair Gort: Yes, sir. Mr. Hannon: Madam City Attorney, did you just want to make the statement on the record real quick? Ms. Mendez: Yes. The shade meeting is over, and we're now back. Thank you. City of Miami Page 132 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 BC.1 15-01540 Mr. Hannon: Thank you, Chair. END OF ATTORNEY -CLIENT SESSION BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE Clerk MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Carollo of the Bayfront Park Management Trust Commissioner Russell of the Downtown Development Authority Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Russell of the Omni Community Redevelopment Agency Commissioner Hardemon of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS VICE CHAIRPERSON: Commissioner Gort of the Midtown Community Redevelopment Agency Commissioner Suarez of the Miami Sports and Exhibition Authority Commissioner Suarez of the Omni Community Redevelopment Agency Commissioner Gort of the Southeast Overtown/Park West Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Hardemon of the Greater Miami Convention and Visitors Bureau Commissioner Suarez of the Metropolitan Planning Organization (MPO) Commissioner Suarez of the Florida League of Cities Commissioner Gort of the Miami -Dade County League of Cities Commissioner Hardemon of the Miami -Dade County Tourist Development City of Miami Page 133 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Council Commissioner Carollo of the Miami River Commission 15-01540 Commissioners as Members of Boards CCMemo.pdf 15-01540 History Commissioners as Board Members.pdf Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0531 Nicole N. Ewan (Assistant City Clerk): BC.1. Pursuant to Code Section 2-35, these are the appointment of Commissioners as members of various agencies, boards and committees. Commissioner Carollo: Mr. Chairman. Commissioner Suarez: Mr. Chair? Chair Gort: Yes, sir. Commissioner Carollo: Can I move to have all the same chairmanships, vice chairmanships and members as currently is placed, with the exception of the Downtown Development Authority and the Omni Community Redevelopment Agency to have the chairman be Commissioner Russell? Commissioner Suarez: Second. Discussion. Chair Gort: Been moved and second. Any further discussion? Being none, all in -- Vice Chair Hardemon: Mr. Russell might not want the DDA (Downtown Development Authority). It's a big headache. I don't know. Commissioner Carollo: Well, if you listen to his -- Commissioner Suarez: His speech. Commissioner Carollo: -- speech -- Chair Gort: If you listen to his speech, yeah. Commissioner Suarez: That would be a pretty quick about-turn. Vice Chair Hardemon: He might not have written the speech, though. Commissioner Russell: I may have changed my mind in the last week, right? Commissioner Suarez: Yeah. Chair Gort: Gear him up. Okay, all in favor, state it by saying "aye. The Commission (Collectively): Aye. Chair Gort: Thank you. BC.2 RESOLUTION 15-01541 City of Miami Page 134 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO JAMES MURLEY AS A MEMBER OF THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE. 15-01541 Sea Level Rise CCMemo.pdf 15-01541 Sea Level Rise Current_Board_Members.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, Russell, Carollo, Suarez and Hardemon BU.1 15-01464 Office of Management and Budget DI.1 R-15-0532 Chair Gort: Do you need a few minutes to go to BC (Boards and Committees)? Ms. Ewan: Yes. We're going to skip on BC. 1. We're waiting for Commissioner Russell to come out, so if I can start with BC.2, Sea Level Rise Committee. This is a request for a four fifths waiver of employment restriction of Code Section 2-884, Sub -Section "E, " for James Murley, who was appointed to the committee -- Commissioner Suarez: So move. Ms. Ewan: -- on July 9. Commissioner Carollo: Second. Chair Gort: Been moved and second Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENTAND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) 15-01464 Summary Form.pdf NO ACTION TAKEN DISCUSSION ITEM END OF BUDGET DISCUSSION ITEMS City of Miami Page 135 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 15-01474 City Commission STATUS OF HIRING POLICE OFFICERS. DI.2 15-01492 City Commission Motion by Commissioner Suarez, seconded by Commissioner Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon DISCUSSION ITEM DISCUSSION REGARDING PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM. DISCUSSED Note for the Record: Please see item RE.10 for minutes relating to item DI.2. DI.3 DISCUSSION ITEM 15-01567 District 4- DISCUSSION REGARDING THE TRANSPORTATION IMPACT FEE UPDATE. Commissioner Francis Suarez 15-01567 E-Mail - Discussion Item.pdf DI.4 15-01584 District 3- Commissioner Frank Carollo DI.5 15-01489 NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING FOLLOW UP ON DIRECTIVE FROM THE SEPTEMBER 24, 2015 MEETING FOR TRANSPORTATION IMPACT FEE. 15-01584 E-Mail - Discussion Item.pdf NO ACTION TAKEN DISCUSSION ITEM Department of Capital DISCUSSION REGARDING CAPITAL IMPROVEMENTS AND Improvement TRANSPORTATION PROGRAM (CITP) WEBSITE. Programs/Transportat ion 15-01489 Summary Form.pdf 15-01489-Submittal-Jeovanny Rodriguez-CITP-Presentation.pdf NO ACTION TAKEN END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE City of Miami Page 136 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIR WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER KEN RUSSELL END OF DISTRICT 2 DISTRICT 3 COMMISSIONER FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 15-01559 District4- DISCUSSION ITEM REGARDING ILLEGAL DUMPING Commissioner Francis Suarez NA.1 15-01654 15-01559 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) DISCUSSION ITEM DIRECTION BY COMMISSIONER SUAREZ TO THE CITY MANAGER FOR THE POLICE CHIEF TO PROVIDE AN UPDATE AT THE JANUARY 14, 2016, MIAMI CITY COMMISSION MEETING, ON THE CITY OF MIAMI'S City of Miami Page 137 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 NA.2 15-01655 READINESS STATE AND AVAILABLE RESOURCES FOR POTENTIAL CATASTROPHIC EVENTS. DISCUSSED Commissioner Suarez: And I just want to say, with that thought that the General conveyed to us, that I'd like to ask -- and put this on our next agenda, if possible, Mr. Clerk -- for the Police Chief to give us an update, you know, obviously, without revealing any sort of confidential information, because that would be counterproductive, but give us an update on what our readiness state is in the City of Miami, what are our resources, what do our citizens have as resources to make sure that we are ready for any sort of potential event, catastrophic event. And I'd like to thank the General for honoring us with his presence, and thank you all for being here. DISCUSSION ITEM VICE CHAIR HARDEMON RECOGNIZED AMERIGROUP FOR THEIR OUTSTANDING EFFORTS AND CONTRIBUTIONS IN THE COMMUNITY AND THANKED THEM FOR THEIR CHECK TO THE DEPARTMENT OF PARKS AND RECREATION IN THE AMOUNT OF $19,491 FOR THE CITY OF MIAMI'S BASKETBALL PROGRAM. DISCUSSED Vice Chair Hardemon: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Hardemon: If I can take a point of personal privilege to acknowledge a group that came late today but that did something spectacular within my district. Amerigroup, if you're here still, can you stand to be recognized? I want everyone to give them a round of applause, and I'll tell you why after. Applause. Vice Chair Hardemon: I don't know -- I guess you have something with you, so I'll allow them 45 seconds to make a small presentation. I thought that -- I didn't know you had a presentation with you, so just to say exactly what you're here for. Can -- Mr. Clerk, can you provide them with the wireless mike? Candy Sick: Yes, good morning. I'm honored to be here this morning on behalf of Amerigroup to present to the City of Miami Parks & Recs Department this check in the amount of $15,000 -- $19,491 -- Chair Gort: You're going to take 4,000 away? Ms. Sick: -- for the City of Miami's basketball program. We are certain that it's going to be an immense success in motivating the youth to remain active and have a healthy lifestyle. And Amerigroup looks forward to continuing to work closely with the City and bringing resources and support to help its residents improve their life. Thank you. Chair Gort: Thank you, ma'am. Vice Chair Hardemon: Thank you so much. Applause. Vice Chair Hardemon: Now, get the real check. City of Miami Page 138 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Unidentified Speaker: Thank you. Vice Chair Hardemon: Got it, got it. NA.3 DISCUSSION ITEM 15-01656 DISCUSSION BY COMMISSIONER RUSSELL REGARDING THE COMMUNITY'S CONCERNS OVER THE DELAYS IN THE REOPENING OF DOUGLAS PARK. DISCUSSED Chair Gort: RE.14. Commissioner Russell: Point of privilege. Barnaby Min (Deputy City Attorney) Been withdrawn. Daniel J. Alfonso (City Manager): 14 is withdrawn. Chair Gort: Wait a minute. Commissioner Russell: I apologize about this. If I could ask the Chair if somebody could speak just for two minutes. I don't know if you recognize all these green shirts in here, and I did not plan on this, but I've been notified during the meeting that this is from my district, and they have one representative that would like to speak just for two minutes, and I'd be glad to -- Chair Gort: Sure. Commissioner Russell: -- explain what it is, ifI understand correctly. In the City of Miami, there are many contaminated parks, and that's how I got started about a year ago here at a meeting about Merrie Christmas Park, and I'm having an Oprah Winfrey full circle moment, because we were wearing shirts, and these signs actually look quite familiar. I don't know where you've got them from, but some of them look very familiar. I was a activist for my local park, because it was closed and contaminated, in trying to get it opened, and I believe you all are here on behalf of Douglas Park, which has been closed now for over two years, with different contamination issues, but a similar problem, and it's within District 2, and it's -- it obviously abuts District 4, and it's one of our largest parks in the City and such an important part of our City that -- for the youth. And it wasn't on the agenda, but I know you all are here, and you've all taken the time. And this is my first day, so I apologize, because I know we're very late, but if it's okay with the Chair. Chair Gort: Sure, go right ahead. Ralph Rosado: Thank you, Chairman Gort. Thank you, Commissioner Russell. Thank you, all of you. My name is Ralph Rosado. I reside at 3472 Southwest 22nd Terrace for four years, my family and I. My family is here, along with many other neighbors from Golden Pines who made the trek out here tonight. Thank you all for being here. For four years, we've lived there in Golden Pines, and when we first moved in, I would take my family all the time regularly to the park, and we'd really get to enjoy it. It's a 10-acre park. It is, in fact, one of the City's biggest parks, and it's one of the parks that has the greatest number of amenities, or it did. It had open tennis courts; you could play soccer; basketball; it's got a walking path and a jogging path that works well for people with strollers, as well as many senior citizens that live in the area. You really could do just about anything there -- exercise, play equipment, all of it. It was one of the best parks until it was closed 25 months ago. It was closed at the same time as several other City of Miami Page 139 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 parks, but the fact is those parks have been reopened, and Douglas Park hasn't been reopened. We are completely in the dark. We have lost a major amenity. And I will tell you, as I went door to door in speaking to people and hearing their concerns, because I was like all of us, whether we lived there or not: I was tired of driving by and seeing the grass being really overgrown, which there's no excuse for; seeing the fence destroyed, so people are, in fact, going in and out of all sorts of sections. There's graffiti on the main building there. It says, "Fix our park," which is what we want, right? We want you to fix our park. I'll tell you what people have been telling me as I was going door to door. Several people said, "Quite frankly, we think the City just doesn't care anymore. They're not even bothering to mow the lawns; that's shameful." Somebody said, `I need to sell my house, because I have to move away for some other reason, and the fact is, nobody will come see my house, because they're scared of buying a house next to a contaminated park." So imagine the situation that person's in. In the past year, three restaurants that were there for years and years -- some of them for decades -- Todo Frio, La Dolce Vita and Rumba, which were very successful and counted on a lot of the foot traffic from the park -- those have shut down in the past year, because there aren't as many people going to the park. The most painful thing that I heard -- and I heard this several times, and I just hope it's not the case -- several people said, `If this were Coconut Park" -- "Coconut Grove, this park would have been reopened already." I mean, what an awful thing for people to be thinking in the City. There's no excuse for that. It is partially closed/partially opened. We don't know what to make of that. This article from November 2013 from the Miami Herald says, "A number of things, a number of contaminants were found in the area, and several of them are particularly dangerous to children, " yet children can access the park, so it's not fully closed and it's not being remediated. It's partially open/partially closed. Nobody knows what to make of that. If there are contaminants, something needs to be done, because people are having access to the park every single day. It says, "No Trespassing," but then there's a million ways to actually get in there and get exercise. We -- it can't be both ways. If folks are in danger, something needs to be done, and needs to have been done yesterday. Nobody knows in the neighborhood what is going on. We haven't received a letter. We have no idea, so for 25 months, we've been wondering, what is going on? Are we in danger? Hopefully, we're not in danger. Obviously, that puts the City in a major liability situation, as well. We don't know what else to say except, please, fix our park. Fix our park. Fix our park. Fix our park. Chair Gort: Okay. -Let's -- The Audience: Fix our park, fix our park. Chair Gort: Thank you. Administration, could you put us up to date? The -- Mr. Alfonso: Yeah. Chair Gort: I wish the guy from DERM (Department of Environmental Resource Management) that was here a little while ago would still be here. Mr. Alfonso: Yeah, exactly. Well, he retired for DERM. He probably was part of the approval process initially. Commissioner, we started with a number of parks that had contamination. If you recall, we've been through a long process. At the beginning, there was no funding for any of this. We were trying to do various different things. Eventually, we got the approval for funding. Clearly, it is as important to us -- trust me. I drove by there, as a matter of fact, a couple days ago, and I saw that graffiti. It's just as frustrating for us as it is for you. We are going through the process that we have to go through. We provided the County DERMDepartment with our plan for remediation, which was very similar to the plan that had been approved in Christmas Park. The County DERMDepartment rejected that plan and asked us to do additional things, which we had to redesign and go back to DERM, and we're still in that process, so, I mean, that's what I can tell you. We're certainly not sitting on our desks not trying to move this process forward. Clearly, the thing about mowing the lawns and things like that, we could do a better City of Miami Page 140 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 job of that, and we'll make sure that that happens. Chair Gort: I understand at the same time, the fence, I think is very important, but the -- I think it's important for the people to understand the process we have to go through. Our -- we come up with a plan, and that plan has to go to DERM; DERM has to approve it. And one of the -- I had one of my parks that's closed, which is Curtis Park, was used for most. We were able to use certain facility, because we accepted the plan, but we also got together with the County Commissioner, because the County Commissioner could put a lot of influence in the -- in DERM. DERM, a lot of times, takes -- take its time. And they might approve the program today, or a project, and then change their mind, and come back, and says, "No, you have to do something else, " so that's the process that we all been going through, and it's been very frustrating for all of us, but I think what we need to do is make sure we keep the residents up to date in what are we doing, and also take them to DERM. Okay? Commissioner Carollo: Mr. Chairman. Chair Gort: Yes, sir. Commissioner Carollo: Thank you. I believe in what you're saying, and the bottom line is that it's unacceptable, and I think we need to be a little bit louder, just like these people just came forward to City Hall, and we need to express that to DERM and to the County. And I'm not saying it in a bad way, but you know what? I think we need to now be a little bit louder in our request and say, `It's been 25 months. Where are we? When is it going to happen? We're responsible to these people; you're responsible to these people. We need to make it happen." And I'm quite familiar with that park. I grew up in that area. I don't know, now that it's called Golden Pines, how far off you go, but I know my mom lives just a couple of blocks from -- Commissioner Suarez: 22nd Terrace. Commissioner Carollo: -- yeah -- from you; it's actually a block, so I think my mom lives in that area. She doesn't go to the park now, I can assure you, but it's an area I grew up in, you know, and I played many sports there. And I'm not going to go on, you know, mentioning all of it, but, you know, it's a very nice park, that for many, many years, it's been used by all the families that lives in that area, so I do believe if they took their time to come out here and express their frustration, realistically, we need to do a better job and express our frustration to the County and to DERM, if that is the issue. So, Commissioner Russell, you're inherit this, and I could just tell you, you have my full support. Let me know what you need from me, and if it's tomorrow, starting to make phone calls, then so be it. Commissioner Suarez: Mr. Chair, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: No, I echo both Commissioners' comments. It's very frustrating. In my district, I've been fortunate enough to have a brand-new facility on each park since I was elected, and I would say, first and foremost, the condition of the park, as it currently stands, which is really on our side of the ledger, as the City Manager just said, is not acceptable. I mean, we should not have graffiti on our walls, and we should not have unsecure access to a park that's contaminated. We should be mowing the lawn, and it's sort of a "take pride in our own neighborhood" perspective. And I think you see the neighbors here, and they see that other parks happen to be, in more affluent areas, opening faster, and I think that has been -- because I've gotten a lot of the concerns and calls, and for some reason, even though I don't represent that area, a lot of the constituents come and talk to me, and voice their frustration. And it's a park that is not just a regional park; it's a citywide park. But I would also say, and I think -- we had to do a Golden Pines Homeowner Association meeting at Coral Gate Park, because Coral City of Miami Page 141 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Gate Park was recently refurbished, and it's bad for the community, too, because that park also served as a community center; all the homeowners association meetings were there. And so I can tell you that the attendance at that meeting was minimal in comparison to what normally happens. And you can see today -- I'll tell you right now, just in the people in green shirts are two, three, four times larger of a group than the people that attended the meeting from the homeowners association, which means to me that it's sort of "out of sight, out of mind" When you're not able to perform your basic societal functions close to home. You know, it's natural that sometimes, there's a disconnection; and, certainly, that happened, because the Administration was there at that meeting, both Commissioners were there, the Mayor was there, and the subject did come up, and it was explained at that meeting; however, I could tell you that none of the people that are here were there, and so, there's definitely a disconnect. As for the County, you know, I agree with the Commissioner, and I think we'll all sort of band together on your behalf, and go to the County, and really -- you know, you should maintain this effort, you know. This effort should not just be about advocating in front of the City; it should be about advocating in front of the County, because sometimes, the County doesn't appreciate the sensitivity and the timing of issues as much as we do. And I can tell you that a lot of our road projects -- this is why; you know, we have governments that are very far away from us. But anyhow, you deserve your park. You deserve a new facility on your park, and we need to do everything we can, not only to expedite it on the City's side, but also on the County's side. Thank you. Commissioner Russell: Chair? Chair Gort: Yes, sir. Commissioner Russell: Douglas Park is in District 2, and I'm your new Commissioner. It's my first day today, and -- Applause Commissioner Russell: -- what a first day. What an amazing first day. This is very touching to me to see all of you here, because I was you just a year ago, and I was a successful local resident park activist. I got it done by working together with the City and with DERM, and they were very cooperative, and it did take time, but I want you to know that now I'm here, and it's your turn to pressure me, and you've got an advocate in me, because I'm no longer a resident. Now, I have the ability to implement change from the other side, and I'm on your side, I promise you that. So the responsibility stops with me, not with DERM. Whatever contamination issues we have, it may go as far as State level. I mean, this is a very contaminated park. It's my responsibility to you. I'm -- the buck stops with me, and so my door is open, and l'm here to help. We'll get it done. Applause Chair Gort: Thank you. Commissioner Carollo: Mr. Chairman, ifI may real quick? Chair Gort: Yes. Commissioner Carollo: I'd like to thank everyone that came out here today, but especially all the kids. IfI would have known that -- so, yes, yes, a big round of applause for the kids. Applause Chair Gort: Believe me, ifI would have known you would have come out here, my little girl would have been dressed in one of those green shirts, too, and be out there, because we, too, as a City of Miami Page 142 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 resident, visit all the parks, and we would have loved to be able to, once again, like in my childhood take her to Douglas Park and play there, so congratulations. Chair Gort: I need to ask you a question. Did you do your homework already? Thank you all for being here; really, this is what it takes, believe me. We've been fighting for this for years now since we begin this. We got to go with the County, we got to go to DERMs, and this is very important for you guys to be here. Thank you. And I'm glad the news media is here, because that's important. You can tell the frustration. Thank you so much for being here. Mr. Rosado: We'll be in touch, definitely. Commissioner Suarez: Thank you. NA.4 DISCUSSION ITEM 15-01629 Office of the City PURSUANT TO THE PROVISIONS OF SECTION §286.011(8) [2014], Attorney FLORIDA STATUTES, AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, WAS REQUESTED AND SCHEDULED FOR JANUARY 14, 2016, FOR THE PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE CITY OF MIAMI V. MIAMI-DADE COUNTY COMMISSION ON HUMAN RIGHTS, ET. AL., CASE NO. 11-14989 CA04, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS WIFREDO "WILLY" GORT, FRANK CAROLLO, AND FRANCIS SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECOAND BARNABY L. MIN; DIVISION CHIEF KEVIN R. JONES; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND STEPHANIE K. PANOFF. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. DISCUSSED Victoria Mendez (City Attorney): If I may, before PZ (Planning & Zoning), if I can just read one quick script -- Chair Gort: Go ahead. Ms. Mendez: -- into the record? Mr. Chairman and Members of the City Commission, pursuant to provisions of Section 286.0118, Florida Statutes, I'm requesting that at City Commission meeting of January 14, an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of City of Miami versus Miami -Dade County Commission on Human Rights, Case Number 11-14989-CA-04, currently pending in the Eleventh Judicial Circuit Court, in and for Miami -Dade County. The subject of this meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. The session will be attended by the members of the City Commission, which include Chairman Wifredo "Willy Gort," Commissioners Keon Hardemon, Ken Russell, Frank Carollo and Francis City of Miami Page 143 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 Suarez; the City Manager, Daniel J. Alfonso; myself the City Attorney; Deputy City Attorneys John Greco and Barnaby Min; Division Chief Kevin Jones; and Assistant City Attorneys Kerri McNulty and Stephanie Panoff. Thank you. Chair Gort: Thank you. NA.5 RESOLUTION 15-01627 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FORATERM AS DESIGNATED HEREIN. NA.6 15-01628 APPOINTEE: NOMINATED BY: Brenda Betancourt Chair Wifredo (Willy) Gort 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, Russell, Carollo, Suarez and Hardemon R-15-0533 Nicole N. Ewan (Assistant City Clerk): And Commissioners, I do have two board pocket items for Chair Gort. The first is an appointment to the Commission on the Status of Women, of Brenda Betancourt. Vice Chair Hardemon: Move it. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION INC., FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Yanny Hidalgo Chair Wifredo (Willy) Gort Motion by Commissioner Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 144 Printed on 1,22/2016 City Commission Meeting Minutes December 10, 2015 Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0534 Nicole N. Ewan (Assistant City Clerk): And the second appointment, also for Chair Gort, is an appointment of Yanny Hidalgo to the Miami Bayside Foundation. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Gort: Been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Ms. Ewan: Thank you. Chair Gort: Thank you. NA.7 RESOLUTION 15-01602 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF THE Commissioner Ken NEW YORKATTORNEY GENERAL'S OFFICE IN THEIR DEFENSE OF THE Russell UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S CLEAN POWER PLAN. Motion by Commissioner Russell, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Russell, Carollo, Suarez and Hardemon R-15-0548 Chair Gort: We're going to go into Planning & Zoning. You want to go --? Todd B. Hannon (City Clerk): Chair, are we still looking at coming back to the regular agenda? We're running two agendas today; a regular, and a Planning & Zoning agenda. Are we still intending to come back to the regular agenda? Chair Gort: I'm willing to come back, but the people in Planning & Zoning have been waiting for a while now. Mr. Hannon: Understood. If we're going to be adjourning the regular meeting, there's a pocket item for Commissioner Russell we would want to address during the regular agenda. Chair Gort: Is that the only item left in the --? But we have some discussion item. I don't know if we want to go through it or not. Let's go to pocket item. Commissioner Russell: The Clean Power Plan, the CPP. I hope you all have received this pocket item, and I apologize for bringing it in last minute like this, but there's a amicus brief that's being put together to -- in support of the CPP, which is currently under challenge by several states. Basically, what this is, is the EPA (Environmental Protection Agency) has set goals for our country, and state by state, that we reduce greenhouse emissions by 26 percent by the year 2030, and with very specific goals on how to do that, and there's all sorts of benefits for reaching these goals; of course, none the least of which is to save our City, and the environment, City of Miami Page 145 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 and address sea level rise, and greenhouse gas emissions. Our Mayor has signed on with this. The Coral Gables Commission has signed on with this; many surrounding cities are, andl wanted to put it before us as an opportunity to also show our support, if we deem so, as a Commission, together, to also voice our support of the Clean Power Plan. Commissioner Suarez: Second. Chair Gort: Okay. It's been moved and second. Is any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Any other items? Commissioner Carollo: P&Z (Planning & Zoning). Chair Gort: Okay, P&Z. Mr. Hannon: So then, if we're not looking at coming back to the regular agenda, did you want to come back to any of the discussion items? Because then, we can simply adjourn the regular agenda and then move into Planning & Zoning, or we'll keep -- Chair Gort: Do I have a motion to adjourn the regular agenda? Commissioner Suarez: So moved. Chair Gort: It's been moved. Is there a second? Commissioner Suarez: All discussion items will be moved to the next, correct? Chair Gort: We'll discuss them at the next -- Mr. Hannon: Yes, sir. We can place them on the -- Commissioner Suarez: Okay. Mr. Hannon: J-- anuary 14 meeting. Commissioner Suarez: Yes. Chair Gort: Is there a second? Commissioner Carollo: Second. Chair Gort: Second by Commissioner Carollo. Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Hannon: The regular meeting has now been adjourned. If you can just give us two minutes to flip the tape. Chair Gort: Five. Mr. Hannon: Five minutes; we'll take it. City of Miami Page 146 Printed on 1/22/2016 City Commission Meeting Minutes December 10, 2015 ADJOURNMENT The meeting adjourned 7: 04 p.m. City of Miami Page 147 Printed on 1,22/2016