Loading...
HomeMy WebLinkAboutCC 2017-01-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Op () It %. •%E Meeting Minutes January 12, 2017 9:00 AM Regular City Hall City Commission Keon Hardemon, Chair Ken Russell, Vice Chair Wifredo (Willy) Gort, Commissioner, District One Frank Carollo, Commissioner, District Three Francis Suarez, Commissioner, District Four Tomas Regalado, Mayor Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 12, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 12th day of January, 2017, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chair Hardemon at 9:03 a.m., recessed at 12:25 p.m., reconvened at 2:20 p.m., recessed at 6:07p.m., reconvened at 6:32p.m., and adjourned at 6:32p.m. Note for the Record: Commissioner Suarez entered the Commission chambers at 9:22 a.m., Vice Chair Russell entered the Commission chambers at 9:24 a.m., and Commissioner Carollo entered the Commission chambers at 9:24 a.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the January 12 meeting of the City of Miami City Commission in these historic chambers. This is the first meeting in the year of 2017. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chairman; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Willy Gort, and the pledge of allegiance will be led by our dear Commissioner Frank Carollo. All rise, please. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1605 Honoree Presenter Protocol Item 9 Department Directors Mayor & Commission 9 Certificates of Merit Christian Moy Mayor & Commissioner Suarez Certificate of Appreciation 12 Special Guest Readers Mayor Regalado Plaques RESULT: PRESENTED 1) Mayor Regalado presented Plaques to twelve (12) Special Guest Readers in appreciation for their participation as a special guest reader in the 2016 Summer Reading and Mathematics Program. City ofMiami Page 1 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 2) Mayor Regalado and City Commissioners presented Certificates of Merit to nine (9) Department Directors, honoring their successful efforts in putting an end to the Zika outbreak in the City of Miami. Furthermore, commending their dedication to their professional duties and team spirit in working together to meet and resolve a difficult challenge. 3) Mayor Regalado and Commissioner Suarez paid tribute to Christian Moy, Cashier II with the City of Miami Department of Finance, for his twenty (20) years of excellent work performance, unselfish dedication and high level of professionalism as an employee of the City ofMiami. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. Later... Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: He must be doing his hair. He's doing his hair; he's got to be doing his hair. I want to acknowledge someone who may not have, five minutes for a personal appearance to speak, but he is here. He's one of our .former Commissioners; Commissioner Dunn. How you doing, sir? Commissioner Richard Dunn: Okay. Chair Hardemon: Thank you very much. Everybody welcome him hack to these chambers. Later... Commissioner Suarez: And Mr. Chairman -- Chair Hardemon: Although we'll have it after our meeting is complete; however, my thought is, I mean, you can always knock out some business that's here, so we won't have to come back to as much business. Commissioner Suarez: I got to go, but I have a protocol item that my -- the person is not here. Chair Hardemon: Oh, yeah. I do want to get that. Commissioner Suarez: I think -- I don't know if he's still here. Sean Moy still here? I don't know if he's here. Commissioner Gort: He's here. Commissioner Suarez: Sean, is your father still here? Okay. Chair Hardemon: He's here? Commissioner Suarez: Yeah. Commissioner Gort: Yeah, he's here. City ofMiami Page 2 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: All right. So I'm going to allow the Commissioners to present their protocol item. You don't have to move the chairs; just hit -- you want the mike, this mike? Commissioner Suarez: That's fine. No, that's fine. Presentation made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Planning and Zoning - Oct 27, 2016 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Okay. At this time, what I'd like to do -- Well, first, is there a motion to approve the City Commission meeting minutes of October 27 -- Commissioner Suarez: So moved Chair Hardemon: -- 2016? It's been properly moved by Commissioner Suarez. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Any discussion? Hearing none, motion passes. Well, is there any objection? Hearing none, motion passes. MV - MAYORAL VETOES ORDER OF THE DAY NO MAYORAL VETOES Chair Hardemon: Just for the record, I'd like to -- I would like the record to reflect that there are no mayoral vetoes. END OF MAYORAL VETOES Chair Hardemon: Madam City Attorney, since we're still waiting, do you mind reading - -? Oh, he's here? Sir, you washed them, right? Commissioner Suarez: Yeah. City of Miami Page 3 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Don't put them -- don't -- I don't want to smell them or anything like this. Commissioner Suarez: (UNINTELLIGIBLE) isn't here, so we're going to have to wait a little bit. Chair Hardemon: Okay. Commissioner Suarez: He's not here. "No ha llegado todavia." Once he gets here we'll (UNINTELLIGIBLE). I just -- thank you, Mr. Chair. Yes, I did wash my hands thoroughly so -- Chair Hardemon: They're all wet. Commissioner Suarez: Yeah, yeah, that's good evidence, right? I do have one proclamation. Unfortunately, the gentleman is not here yet, so we'll wait for him, but I do want, if it's okay with you, to observe a moment of silence for Bishop Victor Curry. You did it? Sony. Okay, second moment of silence. Thank you. Chair Hardemon: All right. So what we'll do is we'll move on with our regularly scheduled meeting, and when the gentleman is here, then well acknowledge his presence. Madam City Attorney, yes. Victoria Mendez (City Attorney): Thank you, Chairman. 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 or online on wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the proper disclosures, pursuant to the City Code, in writing. A copy of this Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium Jroyour ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at. the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in 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 he permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings, and may he subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the City of Miami Page 4 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items, if any, are being either withdrawn, deferred, or substituted. Thank you. Chair Hardemon: You're acknowledged, Mr. City Attorney -- City Manager. Daniel J. Alfonso (City Manager): Mr. Chairman, good morning, Commissioners. Items FR.3, I'm informed, will be deferred until February 23, and item D4.1 is to be withdrawn. Commissioner Carollo: I'm sorry, FR (First Reading) -- what was after FR.3? Mr. Alfonso: FR.3, deferred to February 23. Commissioner Carollo: That's it? Mr. Alfonso: D4.1. Commissioner Gort: D4. 1. Commissioner Carollo: D4.1 is what? Mr. Alfonso: Commissioners, those are the ones that I know. for sure. 1 understand some of you may have had other items that you wanted to (UNINTELLIGIBLE). Commissioner Carollo: D4.1, deferred? Mr. Alfonso: Withdrawn. Commissioner Suarez: Okay, yeah. Chair Hardemon: Are there any other items from the Commission that they -- that you would like continued, deferred, withdrawn? You're -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, sir. Commissioner Carollo: I don't have any items, but I know we recognized former Commissioner Dunn. I also want to recognize current State Senator Jose Javier Rodriguez. Chair Hardemon: He's (UNINTELLIGIBLE) speaking. So he will be speaking, but everyone, please, yes. Chair Hardemon: Not now, not now. Commissioner Suarez: Give him an applause. Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I would like to defer FR.4, the tree legislation, to February 9, please, at the request of the Administration. City of "Miami Page 5 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Are there any other items? Seeing none, is there a motion to approve? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved -- Vice Chair Russell: Second. Chair Hardemon: -- and seconded to -- any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: So at this time, we have our public comments section for the -- Part "A" of our agenda, so that would be for consent agenda, public hearings, second readings,. first readings, and our resolutions, including our boards and committees. So if you are here and you are a member of the public and you came to give your thoughts about an issue that is on this agenda, on Part "A" of this agenda, this is your opportunity to be heard. You have two minutes to speak. Please state your first name, your last name, and what item it is that you're here to speak about. And once again, this is your opportunity, to speak during the public comments section, so say your first name, your last name, identify the item that you're speaking about, and then make your comment, where you have two minutes to speak. I want to acknowledge our Mayor first. I know he wants to give a public comment, or at least lead in some public discussion. Mr. Mayor. Mayor Tomas Regalaclo: Thank you very much, Mr. Chairman. I'm here to speak about Shenandoah. For the benefit of the members of the public and those watching, Shenandoah is one of the most important historic neighborhoods of the City of Miami. It's a very stable neighborhood. I, myself, have lived there for 35 years, in the same house. It -- the boundaries, the natural boundaries of Shenandoah are considered from Southwest 12th Avenue west to 27th Avenue, and from Southwest 8th Street to Coral Way. Most of them are residential; they're duplexes and small apartment buildings. About three years ago, the then -director of Water & Sewer Department, Bill Johnson came to our office, and the Manager was there, to brief us on a pilot program that was going to be implemented soon. And the idea was to bring back from the back of the houses the water meters that most of these houses had; the reason being that Shenandoah, being an old neighborhood, was one of those neighborhoods that had a lot of alleys, and the meter readers would read the meters in the back. That is not longer the case, and that's why they wanted to bring the meters back to the front. There was a delay, there was a change of directors, and finally, early last year, some letters were distributed to the property owners to he signed and notarized, authorizing the WASA (Water & Sewer Authority) contractors to go into the properties. The letters were distributed, and the residents were told that the letters will be pick up immediately for about three months. The outreach team never showed up. Finally, they had an emergency, meeting at the Shenandoah Community Center, Shenandoah Park, and some letters were notarized, and the project began. The project has been a very difficult project, a nightmare for all the residents, because the streets were broken, trenches were opened, sidewalks were also broken, and it has taken many months, and the constructor company left, came back. And the most important thing here is there was no communication with the residents. So in late December, the Public Works director, at the direction of the City Manager, made a City of Miami Page 6 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 report that was sent to the City Manager and Dr. Ihekwaba, the Assistant City Manager in charge of Public Works, about the project of water and sewer in Shenandoah. And he said in this report, "I visited the site, and during my drive around the Miami -Dade Water & Sewer Department, between Southwest 16th Street and Coral Way, Lanzo Construction's project area, the violations to the permit condition were numerous and abundant, ranging from stock piles of excavated material to failing asphalt patches to sidewalks presenting tripping hazards to road closures, with improper MLT signage." There is also several complaints of -- that were communicated to my office and to Commissioner Suarez' office about water meters being connected to the wrong house and same pipe used for both houses. We understand that the construction company is saying that the City delayed the permit. I was told by the Public Works director that is not the case. I know that Commissioner Suarez has been on the site of some of these complaints. We have several neighbors here from Shenandoah that they wanted to speak on the issue, and I think it's important that they approach the podium, if they can, and express to the City Commission, because we have the pleasure of having the director of the Department of Water & Sewer, Mr. Lester Sola here in this chamber. So if I can -- I'm sorry, Commissioner. Yes. Chair Hardemon: You're recognized, sir. Commissioner Suarez: Thank you, Mr. Chair. Thank you, Mayor. You know, we've had issues with this project, like you said, sort of from day one. One of the main issues was -- just to piggyback off what the Mayor said -- it -- this project began a lot of time -- in the Zika time, and there was a lot of issues with standing water. That was a complaint that we got significantly. 1 met with Ms. Boleda, Joy, not too long ago, and 1 walked the entire area of where she lives, which is the area between 10th and 9th Street east of 22nd Avenue, and that area was in a very bad condition in terms of the cleanliness -- or lack of cleanliness -- the dirtiness with which that area was. You also sent some pictures, Mr. Mayor, about they opened up water hoses and let water sort of run, and created a flooding condition in many areas where they didn't solve that condition. So they just sort of let the water flow, and so that was another issue. So I just -- you know, obviously -- I think the director of Water & Sewer is here. You know, we all know that construction at some level, like you said, is somewhat painful and difficult, but I think the key here is there's been very little to any communication with the residents themselves, who are here. The residents wouldn't be here unless this was something that was extremely problematic for them and their quality of life. And so, I just wanted to support what you were saying, and, certainly, what the residents are trying to accomplish. Chair Hardemon: Right. So let's move on now with our public comments. Mayor Regalado: Yes, of course. Chair Hardemon: And we'll allow the young lady to speak. I remind you all, say your first and your last name -- Mayor Regalado: Your name and -- Chair Hardemon: -- what item you're speaking about. You're recognized, ma'am. Joy Boleda: Thank you, City of Miami, of giving me the opportunity to be with all of you. I first would like to congratulate you for your excellent work. It is a great honor to come before you. My name is Joy Boleda. I've been living in 2100 Southwest I0th Street since 1962. I have been giving to my community since I'm 18 years old. I have a master's degree in education, where I have been teaching in all the -- almost all the Shenandoah schools. I come behalf [sic] of you to tell you a little bit history of my family; will take one minute. This is what Stephen Clark gave my brother, civil engineer; "Immaculate Works in the City of Miami," the friendship for all his works and contributions. This is City of Miami Page 7 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 my mom's plaque. She's 94 years old, cum laude, "Outstanding Educator in America, " in 1972 -- only very few people get this -- for all her contributions in education, where we have always done a big path to transform and to help those [sic]. The water project is a fiasco, and the reason it's a fiasco to begin with is because the two years that they plan organization, there was no organization. The timeline has been very inconsiderate [sicJ. We are suffering major impact in the area. Just to tell you, three movie producers do not want to come to Southwest 10th Street because of the streets and how it looks. It has devalued Shenandoah from the beautiful trees and historical homes that we have to broken streets, broken sidewalks -- turn it off. In my home, on January 6, four workers -- Mike spent four hours on one obsolete meter, which they never were able to complete. Usually, they drill up holes to, in three or four days, fill it up; to, in three or four days, open up again. I am not against Rickman (phonetic), Miami Water & Sewer, Mayor Gimenez -- okay? -- or Metro. But I am super disappointed, super discouraged -- okay? - - on how this has transformed. Like Mayor Regalado says, "a nightmare." It's like "Friday, the 13th. " And I'm going to be short on this. We can litigate, okay? Because we signed, like the Mayor said, for obsolete meters -- okay? -- which we got. And the water is nice. This is not free. Sewer is nice. Today, an engineer, Jesus Gutierrez, that lives on the corner of my block -- were all owners since 1962, okay? And we would have come here in thousand, but this was short notice -- told me that the sewer takes only 2.5 months, 2.5 months. There is no reason, no reason -- okay? -- that Mr. Prichardo (phonetic), very elegant, very experienced, very educated, comes to us and insults our intelligence, saying that they need one year to two years. They need to feed their families, but not on the cost of starving ours. Chair Hardemon: Ma'am -- Ms. Boleda: The historic -- Chair Hardemon: -- ma'am -- Ms. Boleda: -- Paul is not corning, okay? Chair Hardemon: -- ma'am, thank you. Thank you so much for your time. Ms. Boleda: Thank you very much and -- Chair Hardemon: You're about two minutes above your time period. I'll allow the young lady, to speak just next of you, and I'll remind everyone that you have about two minutes to speak on public comments, and say your first name and your last name, please. You're recognized. Melba Gordillo: Good morning. Chair Hardemon: Good morning. Ms. Gordillo: My name is Melba Gordillo. I came to this country in 1959; my husband, in 1956. And he served the United States Army forces for four years. And then, he spent 15 years when they first went to the moon. He was working in Cape Canaveral. I was living in Bay Harbor and I -- that was 15 years ago -- when I talked to a policeman over there, a Cuban policeman, I mean, and I was looking for a place to live, because I knew that I was getting old, and I need to get out of the island. So he told me, 'Move to Shenandoah, " and I did. I spent a lot of money, because I bought when the price was up. I pay, for my house $350,000. And I face a lot of problems. I went to the school and complain about my neighbors. They were using drugs, and I hardly have any sleep. That went away, thanks to the Chief of the Police that help me in this matter. Now it comes this problem that Joy just talked to you about it, and they still not doing anything in my home. They promised that they will bring the water down, because I have one of the City of "Miami Page 8 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 largest lots. My house is half a block, front 10 and 20 almost to 9; half a block. So they should bring the water down, and they never did. And it's still broken, my stick [sic] is still broken. The children are passing by, because the school is across the street, and that's where most of the kids go through. So I'm afraid that some of them will fell down over there, and sue the City, because I have seen it, you know, that it happens. So I want to talk to you about this problem, and please do something about it, because it's disgusting. And I go through Shenandoah, and I see those patches. They don't even, you know, do the whole street. They do patches, and it make me sick to see this job, you know, half the home. Chair Hardemon: Thank you very much, ma'am. We appreciate your comments. Ms. Gordillo: Okay, thank you very much, and may God bless all of you. Chair Hardemon: I'm going to acknowledge the gentleman to my right. Please, yes. Leroy Jones: Good morning, Commission. I think I wanted to start this by saying this: Man, we living in a time now where we all need to be concerned, especially,. first, with our health, man. We got a lot of people dying, front diabetes, strokes, and heart attacks, because we stressed out. from work, or our every day of living, or we not eating right, and/or not eating right. So I just want to say to everybody, I don't believe in New Year resolutions. I believe that when you see a change, you need to make a change. We all need to start being more concerned about what we eat and how we feel. And a lot of it has to do with stress. We losing too many people at the age of 40 and over, because of stress and diabetes and heart attacks, and strokes. So that's my pledge to you this year. I want to say this: In reference to the firing of the three rookie police officers, you know -- Vice Chair Russell: Which item? Mr. Jones: -- you know, right now, you know, the comment was read, as 1 read it was that, you know, one of the officers or two of the officers was black. You know, you can be black and don't like black people. You can be white and don't like white people. You can be Spanish and don't like Spanish people. Let me tell you what I'm saying. Look what we having. We having black kids killing black kids in the inner city, right? We having Spanish people killing people at airports and at nightclubs. We got white people killing kids at school, white kids, you know. So you don't -- you can still hate your race, because of your race. I just want to say that for the record. You know I want to commend those officers who made the choice to say something about those three officers. I want to commend them, because in the African -American community where I live, you know what they say when killing take place and nobody want to say nothing? The police officers say, "Well, don't nobody want to say nothing, so we don't have no evidence." And you know what the people say? "Well, the police officers know bad police officers, and they don't want to say nothing." So for them to come out and say this, I think this is a new trend that we fixing to see. We fixing to start now seeing people in the conmtunity that's being affected by gun violence say something. We going to start now seeing police officers that see bad police officers on the force now start saying something. I'm hoping that this will take place. So I commend those officers that seen this and did something. I commend the City Manager's Office that did something; the Police Chief that did something. I'm almost finished. My heart goes out to those three officers' families, because, remember, they also have families, too. So, yeah, they did something that wasn't right. And you know what? When we make a decision, we have to take a look at everybody that's affected by it. It wasn't just them affected by it; it was they family members, and well as the City of Miami Police Department that was affected by it, as well. You know, I want to close with this: You know, everybody have the opportunity to redeem themselves. We all have made some mistakes in our life, all of us, that we not proud of I'm sure; every last one of us. So do these three officers deserve another chance? Of course. You know what? They might end up being the best officers once City of "Miami Page 9 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 they go through this experience. So you know what? They life can be redeemed. They can be somebody important in this community. But right now, this is not a time for them to be on the force. We having too many issues happening all around the world, and not just black on black; it's white on white, it's Hispanic on Hispanic, so it's all of us; all of us to blame for it. And it's not going to change until all of us, all of us want to do something about it. Chair Hardemon: Mr. Jones -- Mr. Jones: Thank you. Chair Hardemon: -- thank you very much. Vice Chair Russell: Mr. Chairman, can I get the gentleman's name or the item you're speaking on? Chair Hardemon: Leroy Jones. I'm assuming he's speaking just in reference to -- maybe discussion items with police, so. Mayor Regalado: Can I ask the president of the union to allow these two persons to talk about Shenandoah? We have the director of WASA here, and, you know, I know that we have a long morning but he had -- he was very gracious to come here and explain, but we have these two people from Shenandoah still here. Go ahead. Tasha Whittingham: Hi, good morning. My name is Tasha Whittingham. Thank you so much. I don't want to waste your time. I came with Joy in reference to the construction, and I've spoken also to Mr. Suarez -- on and off basis -- in reference to the roadway. And I just want the roadway to be completed, for the waters to stop draining, because what's happening is that that water is flooding my driveway at the same time. The swale that belongs to the City and the two trees, I usually maintain them, and 1 put new grass all the time. And you have the Rick Company coming by, and they demolish everything and leave it up as a mess. My address is 2037 Southwest 9th Street. 1 have a 1925 Spanish old mission home, which 1 maintain. I been there for 12 years, and I by to keep my home looking good. But once the construction company comes, every week, they digging up the holes, they destroying the curb way, they leaving the pipe open. And all 1 need is to fix. I know you have a lot of problem on Southwest 1st Street, and I can see that they're losing their business, closing down. It's more important. But at least take a little time to make sure you fix that area, but trickle down and come over to Southwest 8th Street and see what's going on, and fix the roadway. It's important, especially if I'm paying the taxes and maintaining my home, and I'm keeping up with what the City recommends. And all of a sudden, another entity comes by and destroy, and then don't fix it. It's horrible, the dust, the speeding of the vehicles. Everything in the area has gone down, and it wasn't like that 10 years ago. Commissioner Suarez: Mr. Chair. Ms. Whittingham: It was nice. The dumping, the illegal dumping, all of that is because of that construction. And the speeding of the cars that come through with those holes and they run into the trees, and that's very dangerous; especially for the elderly that lives in the area, which -- with the flooding of the water that constantly is out. They're coming by, those ladies. They have to walk in the middle of the street, and they can get knocked over by those speeding cars, as well. So it's become a nightmare every day, and I hope you can do something for us; that's all I ask. Thank you. Chair Hardemon: Thank you very much, ma'am. Thank you very much. Ma'am, you're recognized. City of "Miami Page 10 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Ruth McKinsey: Hi, good morning. My name is Ruth Ann McKinsey. I live at 2435 Southwest 20th Street. I'm a registered nurse. I work at Baptist Health South Florida. I'm here to raise the issue about the water draining. The neighbors adjacent to me is 2425 Southwest 20th Street, and there's a fire hydrant. And I -- from what -- my understanding, it's a purge to make sure that the water is clean when they connect it. And I'm okay with that, but I would like somebody to look into -- maybe if they could put some sort of spigot or hose, and collect the water so that it can go in some sort of container device, and either be used for watering the parks or something. But what it was doing previous, between Christmas Eve and New Year's, it was draining open into the streets and it was pooling into the street, which benefits nobody. I sent an email to the Mayor. I sent a email to the Miami Herald, as well. And somebody came and they dug like a little ditch, so now, the water is going straight down into the ground. But Flint, Michigan is drinking dirty water, okay? And we have a lot of drought in this country, and abroad, as well. And I think we, as a community, can do a better job. I think we could even, looking forward, make some sort of a think tank, and just say, "Hey, how can we do this better so that this water isn't wasted?" Thank you very much. Chair Hardemon: Thank you very much. Mayor Regalado: I think we have Director Lester. Lester Sola: Thank you, Mr. Mayor. Mr. Chair, Mr. Manager, Commissioner from the district, I will tell you that your messages are being heard loud and clear. This department, the Water & Sewer Department chose the Shenandoah area to do this project, because the pipes are almost a hundred years old, so the water -- we wanted to make sure that this was a health and safety issue. When the project was, in fact, initiated, it did require some outreach. We are doubling down on the outreach, because we recognize that the communication that the department took and the contractors took in place wasn't enough. So we are putting additional dollars, making sure that we constantly communicate; not just by going to the homeowners associations, as we normally, do, but moreover; door to door, with those residents that are being impacted. The project is $31 million. It is on time. There was some delay in starting the project, but we right now believe that the project will be finished by December of this year. At the time that the water project was begun, which is to replace almost a hundred -year -old pipes with brand-new pipes, moving the meters from the backyards, and eliminating the inconvenience of having people going into homeowners' backyards and moving them to the front yards at zero cost to the residents, we also did an analysis of the sewer lines. And it was determined that some -- not all -- of the sewer lines in that district are in need of repair. So rather than coming back after; after the streets had been paved, after the sidewalks had been redone, and tearing that project and those streets up, and inconveniencing the residents again, we decided to add an additional $8 million into the project, fully funded, and do the repairs of some of those sewer lines. We are committed to expediting this project; in fact, we're going to the board this February now for an additional -- to include the scope of services with regards to the sewer lines. And we're confident that with the additional outreach and the additional monies, we -- and our efjbrts with regards to staying on top of the contractor -- I, myself drive the project ahnost on a weekly basis, making sure that we are doing right by -- not just by your citizens, but, really, by all the homeowners, as residents of this City and our community. Chair Hardemon: Thank you very much. Thank you very much, Mr. Mayor. Thank you very much, the individuals who wanted to speak about that item. Mayor Regalado: Thank you, Mr. Chairman. As you know, the City of Miami inspector are citing with fines the contractor, because of violations; and, hopefully, they will get better. But to the point of the director, there is a need to inform the people. The people try to talk to the construction workers and they dismiss their questions and sometimes City ofMiami Page 11 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 they get into fights, and this is a situation that is creating a hardship for the residents. Thank you. Chair Hardemon: Thank you very much. I just want to remind everyone that this is public comments section, so let's allow individuals to express what it is that they're here to express about that's on the agenda. I remind you, your first and last name, your address, and what item that you're speaking about. Ma'am, you're recognized. Jacqueline Jones: Yes. Good morning. My name is Jacqueline Jones. This is my husband. Michael T. Jones: My name is Michael T. Jones. Ms. Jones: We live at 1089 Northwest 66th Street, in Liberty City. And we are seeking to replace our home, because it's in so much repair [sic] that it needs a replacement home. And we're asking, please, to consider us in Liberty City of our home. Mr. Grady here has been our director, and he's showing you pictures of our home that is really in need of great, great repair. Thank you. Vice Chair Russell: Which item? Chair Hardemon: Thank you so very much. Grady Muhammad: Mr. Chairman, Grady Muhammad, president and CEO (Chief Executive Officer) of Miami -Dade First. They're number 501 on the Single Families Rehab List. The pictures, you all will get a chance to see that I'm representing -- I'm going to enter into the record -- show the house completely tore up. Look -- 1947. The house needs to be completely replaced, but there's no funding for the Single Family Replacement List. There are funding in the -- on agenda PH.1, about $281,000, according to Mr. Director; Mr. Mensah, to be able to assist, but that hasn't been allocated. And as you will see -- You know, a long time ago, you had them shotgun houses, and you -- that floor, you had to put a carpet over it, because it was a big old hole. That's one of the things. From the roof to the sides, everything that they have, literally, it's just a disgrace. And we get those funds -- we all were getting the funds, but like 1 say, our demographics, (UNINTELLIGIBLE), poverty statistics, census tracking, demographics and poverty, bring down these Federal revenue sharing, but the funds are not going to the people that need them the most. Community Development is doing a good job, but there has to be a much more active outreach to help. You just gave some money to Dynamic CDC (Community Development Corporation) to help to do these things, but they -- it's a need, and we need to go ahead -- Commissioner Gort, you know how we did it with Commission -- Mr. Simmons. There's a gentleman, Mr. Isaac Dowel (phonetic), as well; 939 69th Street -- 60th Street. When he applied, his house had completely fallen apart. He had only one door; built in 1921. And the problem was from June 1, CD (Community Development) came out and deemed an emergency. CD didn't never come back until January, till I actually brought him down here. CD finally came back and deemed his house an emergency, but they didn't -- did nothing for 10 months. His house still needs to be replaced, and they've done nothing to replace it. And this is the same thing. And I think we got to use these funds for homeowners and those people that are -- need it, and not just the big old guys like the Parrot Jungles and everything, and giving -- and the jobs that don't get created, and the other things that don't happen. We got to use the funds in a way to help the people, the little people; not just the big developers who say they going to create jobs, but homeowners that need the help, like the ones we were talking -- in Shenandoah and the Joneses. Thank you, Mr. Chair. And 1'll enter those pictures to the record, Mr. Clerk. Thank you. Chair Hardemon: Thank you very much. Make sure you see someone from my office, Mr. Muhammad. You're recognized, sir. City ofMiami Page 12 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Javier Ortiz: Good morning, Commissioners. I'm Javier Ortiz, president of the Miami Fraternal Order of Police, 710 Southwest 12th Avenue. I'll speak on CA.1, and to comment on what Mr. Leroy Jones spoke about. I have great respect for Mr. Jones as an activist. During this presentation, we will speak about how the City could save more money within the Police Department and some other issues. Today I'm here with several members of the Fraternal Order of Police that would like to speak under this item. Some have graciously waived their time in order for me to express their opinion. On January 11, all sworn members of the Miami Police Department were given the opportunity to vote to either support or show no support for City of Miami Manager Daniel Alfonso; it was not only FOP (Fraternal Order of Police) members, but anyone sworn with the department. The ballots were counted, and this was the outcome: In favor of Daniel Alfonso, 3 percent; not in favor of Daniel Alfonso as City Manager, 97 percent. The reason why we are here is because the Fraternal Order of Police is asking for a new City Manager due to the mismanagement by Daniel Alfonso. His mismanagement through his tenure is within the following areas: Discrimination of certain Miami Police employees; undermining negotiations of pay and benefits; the mismanagement of funds within the City of Miami, and tarnishing the image of the City of Miami. I will now have one of my FOP members provide you with a packet. As you all know, when it comes to my character, when something needs to be said, I will either put it in writing or say it publicly. There is no beating around the bush with the Fraternal Order of Police. The FOP and the City of Miami are spending tens of thousands of dollars in each police case dealing with unjust discipline that is approved by the City Manager. We wonder, what will it take to get a fourth vote from the City Commission to be able to replace the Manager? Commissioner Gort, the FOP supported you in your campaign to be City Commissioner because we believe that you are a stand-up individual. We believe that with your deep ties to Miami, you have been here for the good times and the not so good times. 1 have someone who waived my time [sic]. Chair Hardemon: 1'll allow -- Let me explain something. When you -- when someone is super technical, as 1 can tend to be when we're giving our minutes, 1 allow one person to give those two minutes. Okay? So understand that he's giving you his time, so you have those two minutes additionally to speak. Mr. Ortiz: With all due respect -- and I respect the Chair, Commissioner Hardemon. Chair Hardemon: Two minutes. Mr. Ortiz: If that is the case, what will happen is, then I'll just have each person that signed up to speak to just take over. Chair Hardemon: Well, what will happen is that you will have your additional two minutes, and I'll allow someone else to speak; and then, the next person that wants to continue, they can continue, and then we'll do that, because what you're speaking about is not an item on the agenda, so you're not allowed to come in and hijack the meeting about a discussion that is not an action that is on the agenda. There are some individuals that spoke for two minutes about items that we had to find -- we found difficulty finding that was on the agenda; but, certainly, two minutes to speak about an issue versus you speaking for 15, 20 minutes about an issue that's important to the FOP is not how this works. If there is an item that -- before we go on, if there's an item, for instance, that we wanted to put on the agenda for FOP, we could have done that, but that has not been done. So I'll allow you those additional two minutes, and then well continue on with our public comments, because there are lots of'people here that want to speak on an item that many times is not concerning what you're here to speak about. Mr. Ortiz: Commissioner Hardemon, I will be speaking about CA.1, which deals with cost savings for the City of Miami Police Department, which is in the presentation. City of Miami Page 13 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: As you indicated. Mr. Ortiz: Right. Chair Hardemon: As you indicated. Mr. Ortiz: And it's not going to be 20 minutes of -- Chair Hardemon: And your two minutes thus have expired, but I'm going to allow an additional two minutes. Yes. Commissioner Carollo: Mr. Chairman, just real quick. I do want to point out that we have D1.3, status report of the Miami Police Department, and I think the status report shouldn't just be one-sided. There's a -- Chair Hardemon: No, I'm not asking -- Commissioner Carollo: -- another side of the Police report. Chair Hardemon: -- for that. What I'm saving is that, first of all, the public comment does not include DI (discussion) items. And on DI items, we allow open discussion about things with the people who are here, and I invite the FOP to have a part of that discussion. But we're talking about right now is public comments and these two minutes that we allow people to come to speak. And so, I'm trying to keep and maintain order here, and that's what I'm asking my Commissioners to allow me to do. So, please, your additional two minutes -- Mr. Ortiz: Commissioner Hardemon, in the past, you've allowed people to waive their time, and it's never been an issue. Chair Hardemon: You know, it has always -- Mr. Ortiz: I'm not going to speak for 20 minutes. Chair Hardemon: -- sir -- Mr. Ortiz: Pin sorry. Chair Hardemon: It has always been that when someone gives their minutes, I allow therm to give those minutes. Anything other than that, I'm not going to allow just the passing on of minutes; it's just not how it works. So, please, your two minutes that you have left, and then I'm going to allow the next speaker to speak. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Question. Question of procedure, because I agree with the Commissioner that there is another item on the agenda that talks about the Miami Police Department. Will he then have an opportunity in that -- during that item to speak about it? Chair Hardemon: He normally does. He speaks on every time -- Commissioner Suarez: Okay. I'm just asking. City of "Miami Page 14 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: -- that I've seen that he's here -- Commissioner Suarez: I'm just -- from a procedural perspective, Ijust want to be clear. Chair Hardemon: -- and there's a discussion about -- when there's a discussion about police, so. Commissioner Carollo: And Mr. Chairman, just to point out, there are a lot of other officers that are here. Commissioner Suarez: Right. Commissioner Carollo: And I want to make sure -- Chair Hardemon: And they have -- they can surely speak. Commissioner Carollo: Right. But it goes back to what your original argument is. They don't want -- we don't want the public -- and definitely, our employees -- to be waiting all day to be able to speak, so I thought that -- Chair Hardemon: This is -- Commissioner Carollo: -- that's the reason that you're having everyone speak in the beginning, so. Chair Hardemon: 1 don't understand why we want to start this year off with a technical fight about public comment, because what -- the public has an ability to speak on any item that is on the agenda, especially the items that we're considering now voting on, and that's what we're doing. Our discussion items -- before 1 became Chair, before you -- I'm sorry -- before Commissioner Suarez was Chair, before Commissioner Gort was Chair, all discussion items were had at the end of the meeting. And so, even with the discussion items at the end of the meeting we would allow whoever needed to participate in that discussion participate; but, certainly, it was not a time where you had individuals come up in the early parts of the meeting to have the discussion. And so, 1 want to move forward. We've already wasted additional time. We -- Commissioner Suarez: Right. Chair Hardemon: -- go to lunch at 12. I want people who are here to have the time to speak and leave before 12 o'clock -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- and not have to come back if they don't choose to. Commissioner Carollo: Mr. Chairman, if I may? I want to show you how I didn't want to have a process fight, as you mentioned. I have never; in the whole time that I've been here -- and everybodv knows that I'm a native Miamian, and I have been around this City Hall for many, many, many years. I have never, in all the times, as I mentioned, as a Commissioner, or even before, watching all these meetings Jromany, many years, have seen someone preventing a Commissioner from putting an item in the agenda. Chair Hardemon: What are you talking about? Commissioner Carollo: What I'm talking about is we had someone requesting to do a personal appearance here before the Commission. City oil/ha/Ili Page 15 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: We had two personal appearances today. What are you talking about? Commissioner Carollo: Okay. We -- our office had a resident requesting a personal appearance. Chair Hardemon: Can anybody tell me what he's talking about? Because I have no idea what this request for a personal appearance is. Commissioner Carollo: And possibly, we need, then, the agenda coordinator; because when we gave that to the agenda coordinator, she stated, "No. The Chairman has only one person per meeting for a personal appearance, and whoever you're requesting cannot be in the agenda." Chair Hardemon: And do I choose the -- my -- before we move on, have I at any time chosen who the personal appearance speaker is, Mr. Manager? Daniel J. Alfonso (City Manager): No, Mr. Chairman. Commissioner Carollo: So, Mr. Manager, let me ask you something. When our office requested -- and I don't have the ladv's name; if my staff is listening, if they can bring it forward --.for us to have this lady come before us as a personal appearance, who from your Administration said, "No, it cannot happen"? Mr. Alfonso: Commissioner, what we said was that we would have to schedule that in a future time. We didn't say you couldn't have it. Commissioner Carollo: Because? Mr. Alfonso: Because we have been asked that we keep the personal appearances to one per Commission meeting; however -- Commissioner Carollo: By who? Mr. Alfonso: By the Chairman. Chair Hardemon: Yeah. Commissioner Carollo: Right. So -- Chair Hardemon: No, that's true. But what -- your statement is completely different. I'm -- What I'd like to do is continue on with the public comment instead of this bittering batter -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- before all of us. Listen -- Commissioner Carollo: But Mr. -- Chair Hardemon: -- listen. Right now, we're on public comment; we're not on personal appearance. Commissioner Carollo: I get it. Can I just -- a question? City of "Miami Page 16 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: But, Mr. Chairman -- but, Mr. Chairman, I wanted in this meeting to have a personal appearance that was within the five-day rule before the agenda came out, and I was denied. Chair Hardemon: Because -- Commissioner Carollo: That has never happened. And then, to my surprise, to my surprise, one that is not on the agenda happens to come, so we actually had two PAs (personal appearances). So if you want to talk about process, no; I think it's wrong. Chair Hardemon: All right. I mean, what -- Commissioner Carollo: Not to mention -- Chair Hardemon: -- and I'll explain something to you, sir. Commissioner Carollo: -- that I don't believe the Chairman has that authority. Chair Hardemon: 171 explain something to you, sir. Well, .first of all, 171 explain something to you, sir. What we by to do is maintain some sort of order so people can understand what you should expect. But we also allow flexibility. That same flexibility that allowed additional people to speak for an additional two minutes or 30 seconds or three minutes, or when -- from someone who has a five-minute personal appearance that goes on to a 15. That's what we allow, and that's part of the reason that we try to limit the amount of people who are here for personal appearances, because that can be a discussion that can take easily an hour, where we have people who have come, who are on their job, who are here -- who have jobs that want to come speak and then leave. And so, we try to limit the amount of time that we are wasting of our public's. And so, when -- for instance, there's a two -minute rule. One individual asked to pass on his additional two minutes to Jay -- to FOP. He -- we accepted that two minutes. But then, just allow -- that was the flexibility. But then, we also have to be stern with our rules to show that we cannot allow everyone to pass on their minutes to one person, so that that person can dominate the meeting. If you can't understand the reasonableness in that, then I understand that's how you feel. But Pm going to allow Commissioner Suarez to make a comment, and I want to get back to our public comments. Commissioner Carollo: Right. So, in other words, you don't want to see -- you don't want to hear my response. Chair Hardemon: No. I want to allow -- Commissioner Carollo: Right. So you don't want to hear my response -- Chair Hardemon: I don't know what's -- Commissioner Carollo: -- because that reasonableness -- Chair Hardemon: This is for 2017. Welcome to the -- Commissioner Carollo: -- well, let me ask you something. Chair Hardemon: What I'd like to do is this: I want you to remain in order, sir. And so, what I'd like to do is allow Commissioner Suarez to say something. And you know -- and part of the reason I do that is because you've been talking, you've been speaking, I've responded to you. You've been talking, and now, someone else wants to also speak, so I'm giving him the opportunity to speak, as well, because some other people deserve an opportunity to speak -- City of Miami Page 17 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Understood. Chair Hardemon: -- and that's what we're trying to do. We're trying to allow everyone here who wants to speak the opportunity to speak. Commissioner Carollo: I don't know. Chair Hardemon: And I think -- Commissioner Carollo: I think you're denying that. Chair Hardemon: -- that if you capitalize and monopolize the public comment section, where you have the entire meeting to speak about an issue, then that is a shame, because people have come here to speak during the time that they've been designated to speak, and I just want to get to that, so then we can have this discussion. Commissioner Carollo: Not the member of the public that requested that personal appearance that the management said, "No, that person cannot come, because the Chairman has stated he will only receive one person." And that Chairman stated that, and the management followed that, without a vote of this Commission. Chair Hardemon: Okay. You're recognized, sir. Commissioner Carollo: So if that's the policy, 1 think this Commission needs to vote on that. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: Thank your Mr. Chair. And I apologize. I just -- there has been a radical change in the rules, and I think the reason why there's so much discussion is because, Mr. Chair, there's been a radical change of the rules. It's not -- I'm not saying it's good or bad. I'm just saying it's a radical change of the rules, and I think that's why there is -- engendering a lot of discussion. So I just want us -- clarity, for purposes of procedure. My question to you is this: You have the FOP president, who has a variety of police officers, who are members of the FOP that would like to speak on an agenda item, which is CA.1. Okay? He's -- you've given him an extra two minutes. I'm see -- I'm thinking that the officers who are here can also speak on that agenda item for an additional two minutes; correct or incorrect? Commissioner Gort: Yes. Commissioner Carollo: I think the Commission -- Chair Hardemon: Wait, wait, but listen, listen, listen. Commissioner Carollo: -- is the one who makes that determination. Commissioner Suarez: Understood. But -- Chair Hardemon: But I want to say this -- Commissioner Suarez: Okay, but I'm just getting clarity, that's all. Chair Hardemon: But you're leading me into something that, first of all, is just -- there is a fundamental mistruth here. City of Miami Page 18 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: I'm just trying to get a clarification -- Chair Hardemon: The thing that -- Commissioner Suarez: -- on the procedure, that's all. Chair Hardemon: Let me just say this. Let me say this: And so, I allowed, for instance, comment about -- okay. When we look at what the FOP is here to speak about, and I'm not here to limit their speech in the sense of what their content is. But if we're honest about it, the FOP said they're here to speak about CA.1. But this package is not about CA.1. The discussion about the voting is not about CA.1. But we allowed them to speak about CA.1 and get an additional two minutes. And I'm sure that when he gets to the very end of his thing, he'll say, "And, by the way, we support CA.1." But that's not what I'm here to discuss. I'm not going to talk about how that's just misleading; that's not it. What I want to allow to happen is for us to stop wasting the public's time so they can speak during public comment. If you just allow that to happen, I'm sure the will of this body will be served -- Mr. Ortiz: Commissioner, I have an idea. Chair Hardemon: It's not your time to speak, sir. Mr. Ortiz: I have an idea though. Chair Hardemon: It is not your time to speak. Mr. Ortiz: I'll go after everyone else. Commissioner Suarez: This is nice. Chair Hardemon: Okay, so this is not your time to speak. Mr. Ortiz: I'll go after everyone else, so they can all go to work. I don't want to keep anybody here. Chair Hardemon: Thank you, sir. Mr. Ortiz: I'll be the last person -- Chair Hardemon: You're so -- Mr. Ortiz: -- and that way, we can all -- Chair Hardemon: -- very kind. Mr. Ortiz: -- do it together, and it'll he done. Chair Hardemon: Thank you very much, sir. You're very kind. So can we continue with our public comment? Is that okay? Commissioner Suarez: Sure, yeah. Chair Hardemon: Thank you. You're recognized, sir. Adrian Madriz: My name is Adrian Madriz. My address is 2103 Coral Way, 2nd Floor. I represent an organization called SMASH (Struggle for Miami's Affordable and Sustainable Housing). I wanted to just put a message of support in for the public City of "Miami Page 19 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 announcement that was made by Mr. Armbrister. I think that he has proposed a particular solution around eminent domain, and I understand that there might be some legal questions around that. I would still encourage the Commission to look into eminent domain as a potential solution as much as they can, and any other solutions that might present themselves before the Commission. I think that, in general, when it comes to the issue of affordable housing and gentrification, not just in the West Grove, but in the City - - in Liberty City, Overtown, Little Havana. There have been a lot of great ideas that have been coining out of community. And in the conversations I've had with the staffs of Commissioners Russell, Hardemon and Carollo, I've also noticed that there have been great ideas coming from your offices, as well, and I commend you for those ideas. I think that there really should be a greater effort to combine those ideas and get everybody on the same page, and really have a better process of engaging the community in what the eventual outcome of the solution is going to be for the issue of gentrification, because I know that whatever that solution is going to be, it's going to require some kind of risk. And there's no shortage of good ideas; there's no shortage of funding that can be made available. There's no -- even no shortage of land that we've managed to find that could be used for the purpose. But one of the things that there is a shortage of from this particular body is the willingness to take innovative risk, and that is, unfortunately, a function of the fact that, you know, a lot of these things could have negative repercussions. But this is what we're really asking you all: To be committed leaders to the City and propose different kinds of things that perhaps might not be politically convenient, but would actually yield the kind of solution that gentrification and the affordable housing crisis require. So I'd just ask you to be more willing in that regard. We will continue to present to your offices different solutions that we could find, and I'm not -- this is not the only organization that has presented something, that has presented risk. Please, by all means, do everything you can to make sure that if there's anything the body can do to just be a little bit more risk -intentional that they do so. Thank you. Commissioner Suarez: Thank you. Chair Hardemon: Thank you very much, sir. Can you allow --? Mr. Ortiz: I'm going to let everyone speak. Chair Hardemon: No, no, no, but there are people who are behind you. Mr. Ortiz: Oh. Chair Hardemon: You're standing in front of the lectern. You're recognized, ma'am. Jody Finver: Jody Finver, 1654 Tigertail Avenue, Miami 33133. On a positive note, as a Net Zero Solar customer and a member of the League of Women Voters, I'm here to offer support to the Rooftop Solar Ordinance that will waive permitting fees in the City of Miami. As we face sea level rise and other threats of climate change, it's vital that we work together and do what we can to protect our homes and the livelihood in the "City of Sun." So thank you to Mayor Regalado -- and Commissioner Russell, if you're signing on to it -- for showing your commitment to solar energy and its expansion. The League of Women Voters and myself appreciate your dedication to the e fbrt. Waiving permitting fees is going to benefit residents; and in turn, the very land that we stand on. I look forward to seeing even more improvements in the permitting process and expansion of renewable energy efforts in the City, as we help put the sun to work and give true meaning to "the Sunshine State." Thank you. Chair Hardemon: Thank you very much, ma'am. You're recognized, sir. Walter Richardson: Good morning. To the Mayor, to the Chair and members of this wonderful Commission; to the Manager and others in leadership, I am Walter T. City of "Miami Page 20 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Richardson, the pastor emeritus of the Sweet Home Baptist Church, with offices at 10701 Southwest 184th Street. I'm also the immediate past chair of the Miami -Dade Community Relations Board. And for the past 27 years, I have served as protestant chaplain for the Miami -Dade Police Department. So that I might not exceed my two minutes, I have written my comments. I speak today not in any official capacity, but as a concerned citizen to support the decision to terminate the employment of the officers involved in the careless and reckless social media conversation described in the media. I also stand boldly to commend the City of Miami for acting swiftly, evenly, and correctly to address that situation. Albert Einstein said about honesty, integrity, and responsibility, and I quote, "Whoever is careless with the truth in small matters cannot be trusted with important matters." And even though I strongly support the firing, the termination of these police officers -- or probationary police officers -- I wish these former officers well, and pray God's blessings on their future. And I thank you, Mr. Chair, for allowing me to make my comments for the record. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Simon Rose: Good morning, everybody. My name is Simon Rose. My address is 1654 Tigertail Avenue, 33133, here in Miami. I've been a homeowner since 2002 at that property, and I'm here today in support of waiving the solar permitting, fees; and really, anything else that will help facilitate people get solar rooftop here in Miami. In 2015, I contracted Cutler Bay Solar Solutions to install solar on my rooftop. It's been a stunning success, beyond my expectations. 2016, last year, was the. first, full year we went solar. Our home was net zero for 10 out of the 12 months that -- of last year, and we scarcely used any electricity at all, thereby not contributing any carbon to the atmosphere, as we all know how dangerous that is. And the transition from fossil fuels to renewable energy is absolutely essential and it inevitable; it's going to happen. Most of the City of Miami is within a few feet of sea level, as we all know. I think it would be ironic and embarrassing if the City earned a reputation of getting in the way of people who wanted to install rooftop solar. So let's make our legacy one in which Miami joins cities like Coral Gables, Miami Beach, by waiving permitting fees, making Florida truly "the Sunshine State." Thank you very much. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Anthony Tate: Good morning, everybody. Chair Hardemon: Good morning. Mr. Tate: My name is Reverend Anthony Tate. My address is 1853 Northwest 49th Street, Miami, Florida. I'm here in reference to the item DJ.3. I'm here to support the decisions that were made as relates to the firing -- or the termination of three of the City of Miami police officers; not going to mention their name. But as public servants, the police officers did not comply with the standards which they are expected to uphold. As a community activist, I'm here to express the concerns of people living in our community. As a executive committee of the Miami -Dade NAACP (National Association for the Advancement of Colored People); as a member of the Circle of Brotherhood; as the pastor of New Resurrection Community Church, but more or less as a parent of teenage - - a daughter and a male, 31 year -old son, I'm standing here this morning, because as -- a public servant should not make comments tagging people of color as "target practice." I stand in agreement with the Chief of Police; I stand in agreement with the City Manager. I give them (UNINTELLIGIBLE). Specifically, I'm concerned about the policies and the procedures of our union and its -- the president of the union, the Police Union. The judgment of the City Manager and the Chief of Police should not be questioned, because the decision to uphold the standards of the law. I want to say this in closing: That the community would not tolerate such actions, comments by public servants who are there City of "Miami Page 21 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 to serve our community. We will not put up with disrespect for any person of color. Thank you for this time to stand before you. Chair Hardemon: Thank you very much. You're recognized, sir. Raul Vergara: Good morning. My name is Raul Vergara. I ain the owner of Cutler Bay Solar Solutions, a local solar contractor, and I'm here in support of Resolution FR.1, waiving the permit fees for solar projects in City of Miami. And I commend Mayor Regalado and Vice Chairman Ken Russell for introducing this resolution, and I just want to give you a little bit of sight of how these resolutions that have already passed in sister cities close to us has affected the industry and how it has promoted the expansion of solar projects. In the City of Miami, we have personally been involved in 22 independent projects throughout the City, and the biggest misconception among citizens is that solar is something that is not affordable; solar is something that is all -- only for the elite. And I'm here to tell you that not only do I have projects in Tigertail and Elodea Avenue, but I'm just as proud of the projects that we have in Marler Avenue and Charles Avenue, in some of the not, you know, so high -end homes. And the reason why these homeowners have been able to do these projects, the reason why these homeowners are able to enjoy the benefits of solar -- have a less carbon footprint impact in environment -- is because the cost of solar has come down so much. And the cost of solar is coming clown, not only because the equipment has come down, but also because cities like yourself are promoting it and allowing it to happen, and are, in this case, waiving the permit fees. So 1 encourage you to keep the hard work. Yes, City of Miami was fantastic supporting Amendment 4 and shortly after; standing against the -- you know -- Amendment 1. We were very successful, and this is just the next step. And 1 definitely encourage the City Commission to look into this. When the City of Coral Gables -- sister city -- passed a similar resolution this past year waiving the fees, they have seen a huge increase of solar installations. We have had a 40 percent increase in our installations in the City of Coral Gables. What the City of Coral Gables has also noticed is revenue increase, although they waived our fees, because when people do solar projects, they do also other improvements to their homes. There's also been a revenue increase to the department. So 1 encourage you and 1 thank you for this, and I hope that you support it. Chair Hardemon: Thank you very much, sir. You're recognized, Commissioner Dunn. Richard Dunn: Mr. Mayor, and to Mr. Chairman and Honorable Commissioners, my name is Richard Dunn. I reside at 1895 Northwest 57th Street, in the City of Miami. I'm here also to speak on the item -- in relation to item DI.3. I also serve as pastor of Faith Community Baptist Church, and the religious chairman of the Miami -Dade branch of the NAACP. And one of the things that I wanted to tie in, I wanted to commend the City Manager and the City Police Chief; because many of you may not be aware, but this was starting to become a firestorm in District 5 in the African -American community, because those were senseless and comment -- and harmless comments -- harmful comments that were made -- There's an old biblical passage that says, "To whom much is given, much is required." And as sworn police officers, as sworn City Commissioners and Mayors and individuals, we have a responsibility, when God has granted us the ability to represent and to serve; not just to serve one segment, but to serve all segments of our community. I would like to pose a rhetorical question to every Commissioner outside of District 5: If someone made a comment like that pertaining to your district, and your residents came, bombarding you, like what was happening in District 5, what would your response be? Thank you very much. Chair Hardemon: Thank you, sir. You're recognized. Albert Gomez: Good morning. Albert Gomez, 3566 Vista Court. I'm going to be quick. First of all, I see a lot of faces here. I see some old guard and some new guard faces, and I'm really impressed with a lot of the resolutions you guys are bringing forward. I can City of "Miami Page 22 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 see that -- it shows me that the old guard and the new guard are working together to really change the City, so I really appreciate that. I'd like to talk on several resolutions. Commissioner Gort: Where's the old guard? Mr. Gomez: BC.16 -- Commissioner Suarez: The old guard is you. Mr. Gomez: I think everybody knows who the old guard is. Commissioner Suarez: I think you're the new guard, Commissioner. Mr. Gomez: BC. 16 -- Commissioner Suarez: You've been here longer than I have. Mr. Gomez: -- thank you, Commissioner Russell. Thanks for the trust, and hopefully, I can bring some resilience strategies to bear. On the DI2, I actually was responsible for introducing the City of Miami, Miami -Dade County, and City of Miami Beach in 2012 to the Rockefeller Foundation Grant. They broke apart when the Grant Departments -- they don't work together. They got through their differences and got it done, and I'm really happy that you've elected Jane Gilbert. She's an amazing person, and she'll definitely help with resilience strategies. Let's just hope everybody takes her cues. The RE.1, the RFP (Request for Proposals) process is 75 years for the Virginia Key Marina. That's a long time; that's 2092. We do not know what sea level rise is going to do at that time. I think we all need to take a step back, give a little time to review the process more. 1 understand that it takes long to go through and to implement a referendum, but regardless of that, 1 think it's important for all of you to realize that 75 years to wait one cycle is not too hard. The RE.8, that's a very -- amazing that you would put that forward, as well as the FR.1. Those are together, in my mind. It will be a great litmus for this Commission if you guys are for resilient renewable strategies; if you are, you will vote for both of them; if you're not, you won't. It's very simple. And the community is watching that very closely. FR.4 is near and dear to me, so thank you, Ken. We have a problem. We have to match the value of the violation, so we need the up -- the violation value. I mean, if they're going to cut down trees, they got to be paying for it. These trees take hundreds of years to grow We should save them. They're the soul of Miami. And then the SR.1, great effort. As part of the South Florida Resilience System and the founding member of the Miami Climate Alliance, we're going to be utilizing this opportunity to create public art that brings reference to resiliency and sea level rise, so I just wanted to -- please vote for that amendment. Thank you. Chair Hardemon: Thank you, sir: Commissioner Suarez: Mr. Chair; just one quick -- Chair Hardemon: Yes. Commissioner Suarez: Just like to recognize the chair of the Dade Delegation, Mr. Jose Feliz Diaz, who is here. We've recognized all the other elected officials. Chair Hardemon: Thank you. Thank you for being here, Senator; good seeing you. You're recognized, sir. Samuel Latimore: Good morning, Chair, Honorable Commission, City Manager, and Police Chief My name is Samuel Latimore, 937 Northwest 55th Street, Miami, Florida. I am here in support of the action that was taken by the Chief of Police and the City City of Miami Page 23 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Manager. And let me give you some background, so you understand that FM not coming from a heavenly place or a feel good place. I'm corning from a former police trainer. Many of the people I see around this room, I trained. I taught ethics, I taught interpersonal communications, and some -- it's not -- and I was a task master. And I told them that you -- "In order to do your job, you must be professional and treat people with respect." And the Chief of Police, 25 years ago, will remember those conversations. And I've become appalled at some of the things I'm hearing from the Police Union leadership. Let me tell you what my training and certification -- I'm a certified -- was a certified firearms instructor, I was a certified chemical agents instructor, I was a certified defensive tactics instructor, chemical agents instructor; and human diversity instructor, which required -- which was a requirement for every police officer to take over a period of time. As an instructor, I had occasion to meet and talk with a lot of officers, and I said to them that, 'If you are to be in that role, you must observe the code of conduct," and let me just share with you what it says. "Police officers are held to a higher standard" -- "a higher standard of behavior by society," and that's key, because, when you strap on a weapon, you have an opportunity to take the lives of people and to impact their freedom. That gun seemed to -- as a firearms instructor, seemed to affect some people, because they think they're above the law. I just want to conclude by saying that the actions taken by the City Manager, Police Chief were good actions, was an appropriate thing to do as a professional, because in 1980, a group of social workers said to the President of this country -- and 150 other copies went to all of the people in the Federal, State, and local governments -- saying that there was tension in Miami. And we were -- asked the President to do something about that tension that we felt. We were just City Government workers, but we felt the tension. Unfortunately, a few months later, one of the most disruptive things happened, and a lot of that was sparked by citizens feeling they were being disenfranchised, with some bad officers. The key to getting rid of that tension means you remove those that have shown you that their behavior could result in some major, major issues. Thank you, and I appreciate your efforts, and 1 appreciate the opportunity. Chair Hardemon: Thank you very much, sir. You're recognized. Maggie Fernandez: Good morning, Chairman, Commissioners, Mr. Mayor, Mr. Manager. My name's Maggie Fernandez, 3620 Southwest 21 st Street, Miami, Florida 33145, a District 4 resident and super voter. It was less than two years ago in 2015 that I stood here speaking before you the last time, in favor of the Sea Level Rise Task Force Committee that Commissioner Suarez was the sponsor of and since then, we really have come a long way. And I'm so proud of all the work that you all have done and the City staff has done. I want to give a shout out to the Mayor and to the Manager for appointing Jane Gilbert as the chief resilience officer. She is such a coups for this City and she's going to do wonderfid things, and I hope you support her plan. I am here in favor -- to speak in favor of FR.1, which is regarding solar permits; the waiver offees for solar permits. I'm also here to speak in favor of RE.8, which is supporting the Clean Power Plan. Now, regarding the permits, in addition to the waivers, it's really important that we speed up the issuance of these permits, and that can only happen by making sure that we train our plan reviewers, so that they know what's required for solar panel installations. So with that, I just want to thank you, and I wish you a really wonderful day today. Thank you. Chair Hardemon: Thank you so much. You're recognized, sir. Elvis Cruz: Good morning, gentlemen. Elvis Cruz, 631 Northeast 57th Street; speaking regarding FR.2, the notice fbr installation of parking, paid parking meters. First and foremost, I want to thank Commissioner Carollo fbr sponsoring this item. Spillover commercial parking into residential neighborhoods has been a quality, of life problem fbr many years in the City of Miami. Thank you fbr recognizing that by moving this forward. Some comments on the proposed legislation: It calls for a 100 foot notice distance. City of Miami Page 24 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 That's simply not enough. 100 feet won't even make it past the commercial property into the residential from the parking meters. So I would recommend it be 250, 300, even 500 feet, which 500 feet is the standard notice distance for zoning changes, so I would recommend that. Also, the wording keeps mentioning "parking meters." I believe that should be changed to 'paid parking zones, " because parking meters, themselves, doesn't happen much anymore; it's usually kiosks or "pay -by -phone" signs. Also, the notification list should include any neighborhood associations that are registered with the NET ((Neighborhood Enhancement Team) Office, and not only the nearby property owners. So thank you again, Mr. -- Commissioner Carollo -- for that initiative. And lastly, I do want to give a thank you to the City Administration, the Parks Department, for placing, finally, a temporary restroom at Morningside Park. And thank you to the CIP (Capital Improvements Program) Director Jeovanny, who assured me this morning that March will be the start date for the permanent repair of that restroom facility. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Don Worth: Hi, good morning. My name is Don Worth. I'm a resident at 1390 Ocean Drive. I'm here to speak in favor of RE. 1, the resolution. for the marina REP. You should know, I was against the last RFP; I'm for this one. Three points. The Administration asked -- was asked by you to ask the Virginia Key Advisory Board for input on this issue. They provided 141 comments. The Administration put together a spreadsheet, 15 pages, with response. And if you look at that spreadsheet, you really, come up with two conclusions: First, both sides did a good job. The comments were reasonable. The responses were reasonable, and not -- if not everybody got everything addressed, really, when the final proposal comes out, you can evaluate. Second, this RFP conforms to the Virginia Key Master Plan. Of course, the last time, we had the great outlier of the wet slips in the basin. There are no major issues. You don't see huge throngs of people here. So what they're asking you for is a delay of 60 to 90 days for them to do the whole work on looking at the master plan. But, of course, it's more than 60 to 90 days; it's a year, because a referendum goes from November of 2017 to 2018. But, of course, it doesn't just affect the marina; it affects the Marine Stadium, because the Marine Stadium's financing plan is based on the marina. Of course, it's not just one year. It might kill the whole project, because when you delay something 22 months, things happen; maybe the economy goes down, maybe there's a crisis in the City of Miami. We have two new Miami Commissioners. Just ask the Miami Heat. A couple of years ago, they were competing for championships. Now, with a couple of bad breaks, they're tanking for the lottery. The final point I'd like to make is the value of the holistic master plan, and I wish the VKAB (Virginia Key Advisory Board) would have decided this in August, rather than waiting until the last minute to decide that they needed it. I have a different perspective. I have a master's degree in urban planning, and I was a planner for four years, and this is exactly why I left the field. The problem with many master plans, including this one, is they don't include the development and operating partners, they're not really based in reality, and they're shallow. So the input you're going to get is going to be very disappointing, and you're going to be judged as to why you held up these projects for a year or more. Just think about it. The VKAB has no staff. There are no additional facts for them to really review. There's nobody on that board who has any more specific knowledge than we've seen. Half the board participated in the planning process, and this is all to be done in two open seminar sessions, with a couple of consultants who are working on a pro bono basis, who know absolutely nothing. What are you going to learn? Now, there are ways to do holistic planning. I believe in it, and I believe in the VKAB. They're bottom up, not top down. I can't talk about it now; don't have time. Chair Hardemon: Thank you. Mr. Worth: But I'd just sort of like to step back. In the nine years I've been working on this, this is our best opportunity. The marina RFP is really okay. You can pretend it needs more work; it doesn't. The plan that the Administration has developed actually City of Miami Page 25 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 conforms to the Marine Stadium deed. I can't believe it; nobody would talk with us about this for seven years. The revenue is -- from that area are going to support the stadium. You asked for revenue bonds and not GO (general obligation) bonds. You're getting revenue bonds. The impact financially to the City is marginal, because most of the stadium is being paid for by the increase in revenues from the marina, itself. It all makes sense. From my point of view, if you say "no" to this, I don't know what you're going to say 'yes" to. And as somebody who's worked on this thing for nine years, you have to get to the point where maybe we're just beating our head against the walls. I just think of Kenny Rogers: "No when to hold 'em, no when to fold 'em, no when to walk away, and know when to run." Just tell us what you want to do. Chair Hardemon: Thank you, sir. Any time you finish on Kenny Rogers, you have to smile, right? Johannah Brown: Exactly. Chair Hardemon: You're recognized. Ms. Brown: Good morning. Thank you, for letting me speak this morning. My name is Johannah Brown, and I live at 4360 Ingraham Highway, and I wanted to speak about FR.4. I know it's been deferred, but -- also, public appearance by William Armbrister. I've been asked to read a letter from a neighbor of mine, John and Debby Dotson. They're distributing the letter now. It has a couple of attachments from GIS (Geographic Information System) database we're working on. 1 want to start off just saying thank you. FR.4 has to do with environmental preservation, and 1 want to thank you all_for the -- ending the practice of developing on a T-plat, which will help preserve Coconut Grove in the future. And I appreciate also the P&Z (Planning & Zoning) staffs willingness to work with us in the Grove openly, as we work to improve our codes. Attachment 1 shows that there are very few large lots left in the Grove that are big enough to be reasonably split. So in the future, as we go forward and work to improve our codes, we should take into consideration that there aren't many left, and focus on creative solutions that will protect the canopy and character of the Grove, and what 1 like to call "development without destruction." 1 also want to comment on William Armbrister's personal appearance. 2017 could be an extraordinary year. The West Grove, in particular; as you can see in Attachment 2, is in the -- we're witnessing the destabilization of a long established, working class African -American community, and it's in the throes of being destabilized through speculation. And we support William Armbrister and other community groups in their efforts to find solutions to this crisis. And, you know, eminent domain may not be the answer, but we must begin to use the levers of government to preserve what we can of this once vital and still very important part of Coconut Grove, and encourage development without displacement and there's -- you know, we've heard a number of ways we can do it. We can aggressively try to increase the stock of attainable housing in the Grove. We could freeze property tax increases Jrolong-term residents that are still there. We could increase funding for home repairs for people who can't afford it in those neighborhoods. And we certainly -- which has to do with PZ.5 today -- make sure that any attempt -- or any proposals for mixed income developments -- housing developments in the future have real allocations for very low, low, and affordable housing, and not just a token percentage to meet some requirement that we really ought to honestly either incentivize developers or really force developers to be honest about their allocations fbr very low and low-income housing. And, you know, there's many ways to do it: real estate transfer tax, housing trust funds, neighborhood improvement bonds. I don't know what the answer is, but we need to do it, or development without displacement will just be an afterthought. Thank you so much for letting me speak, and take care. Chair Hardemon: Thank you so much. You're recognized, sir. City of Miami Page 26 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Donald Poole: Thank you. My name is Donald Poole. I live at 2575 South Bayshore Drive, 33133. Mr. Chairman, I assure you my comments will not last two minutes. I am here in support of what Don Worth just talked about. For five years, I have worked alongside of him to try to get the beloved Marine Stadium back in order. It's been 26 years since the place was closed in 1992. We know that it wasn't closed because of Hurricane Andrew. It was closed because the public Administration at that time chose not to continue the stadium. I am asking all five of you, please, get on with the business of supporting the stadium I had so many wonderful times in the first 16 years that I lived here in that stadium, and I think -- I have talked to a number of operators of public venues, and they all believe that our stadium could produce significant entertainment and revenue for our City. I ask each of you to help us get on with the project. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Truly Burton: Good morning, Mr. Chairman, City Commissioners. My name is Truly Burton. I'm executive vice president. for the Builders Association of South Florida, with offices at 111 Northwest 183rd Street, Miami Gardens 33169. I'm here to relay the position of the organization on SR. 1 and PZ. 1. Our letter outlined that position in detail. I'm just going to summarize it briefly, for you here this morning. BASF (Builders Association of South Florida) respectfully requests the Commission's support in a judicious bifurcation -- separating into two -- the programs into two parts. First of all, BASF supports and urges you to adopt today the core amendments of Chapter 62 that would establish the Art in Public Places Program that is applicable to government - funded development projects. We understand the City staffs urgency. They need to get into -- the City needs to get into compliance with the County's program, and we ask that you do that. forthwith. However, our members do ask the City Commission to refrain at this time from adopting what amounts to an art impact fee on privately financed projects. Alternatively -- because I never come to you without a solution -- in the legislation today, please include a sunup provision -- similar to a sundown, but the opposite -- that would return this private sector fee proposal back to the City Commission in two years -- let's say January of 2019, or whatever date you all find -- so that we can move forward on that then. Couple of reasons: The City has been very lucky that developers have built many award -winning and beautiful architectural buildings. You've got arts districts in Wynwood and other places. Third, right now, the fee is very high. In fact, the only comparable city -- the only comparable fee in a city of comparable size is that of Tampa. It is half of your fee, and it's only in the Central Business District. I knowDoral's got one. I know the City of Coral Gables has one, but that -- they're not Miami, due -- with all due respect. So in conclusion, adopt the Art in Public Places Program for government project funded -- government funded projects today. Add a sunup provision to return the art impact fee here to you on privately funded projects. Thank you so much. Chair Hardemon: Thank you so much. You're recognized, sir. Franklin Sirmans: Morning, Mr. Chairman, Mr. Mayor, Commissioners, Manager, Attorney, Clerk. Thank you for allowing me the opportunity to present to you this morning my opinion in favor of art in public places, and in Ordinance SR.1, PZ.1. It is my, opinion as director of the Perez Art Museum Miami -- and I am also joined here by my deputy director, Terry Trento -- that this ordinance is perfect for our City. Public art is a reflection of who we are. It uplifts humanity, connects our dynamic and diverse neighborhoods throughout the City, giving us all anchors of civic pride. We've been fortunate in the past, and we have the opportunity to be even better. Thank you. I am also entering a letter with the Clerk -Pr all of you. Appreciate your time. Chair Hardemon: I just want the record to properly reflect that's Mr. Franklin Sirmans. You're recognized. City ofMiami Page 27 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Renescha Coats: Good morning. Happy New Year. My name is Renescha Coats, 3420 Hibiscus Street, Apartment 1. I don't know whether this is considered art in public places, like this hopscotch thing. I don't know whether -- I don't want to speak against PZ.1, and this is not art in public places. I don't know what it was intended to be, but I know what it did do was support -- it basically opened the door for people to come in and graffiti in our neighborhood, and we're already -- and -- hold on. And it basically made people feel like it's okay to come into the community and graffiti. We have them graffiting [sic] houses, they're graffiting our buildings that already look like trash, and for you to do a pop-up hopscotch thing when people right in the -- on the next corner are being put out, and their building has trash coming from the back; crackheads pooping and pissing on people's porches, but you paint a -- on Thomas Avenue, you do a pop-up paint park. How is that helping your community, Mr. Russell? That is not helping us. That promotes more grafti. That is not art. And then, if you want to do art in public places, look at the store on Frow Avenue. That is art. That represents our history, our heritage on the store. That's art. That is not art. Hey, I don't want to speak out -- I don't want to speak against PZ.1, because I don't know if that is what you guys consider art in public places, but I do want to speak against PZ.5, because we met with the developer last night that intends on tearing our human resource building down for a tie beam to build an affordable mixed -use -- 192 units of mixed housing, and 20 percent will be allocated to workforce housing. So I asked the developer, "How much is 20 percent?" He told me, "35 units will be allocated to workforce housing." We asked him, "Would a family of six with two working parents be able to afford to stay here?" He told us, "You will have to make 48,000 a year to stay there as a workforce." This is not helping our communities. And then, he said that this is what the County and the City wanted him to build; a mixed -use apartment complex with retail at the bottom. This -- these things are not helping our community. This is supporting the gentrification. We're already being put out, and then you're going to build something so big and grand. Why -- And you're going to take our community center and turn it into what you want to turn it into instead of coming to the community and saying, "Look, what do you need?" And then the lady from -- that works at the community center, she is there telling them, "The people that come into my building, they cannot afford to build" -- "stay where" -- "at what you're building." So who is this for? And out of 192 units, we're only going to get 35 workforce housing? Who is the workforce? I work at Publix. Fm a part-time, and I make -- and I don't make enough to stay in these workforce places. So who is this targeted for? Chair Hardemon: Thank you very much, ma'am, for your comments. You're recognized, sir. John Chambers: John Chambers. I'm the president of the Coconut Grove Ministerial Alliance, and I'm here to support the City Manager and the Chief of Police concerning the decisions that they made. It's always unfortunate when you have a family member that goes astray, or does something wrong, and it's not easy to be one that will speak what is true. Many times, I ask the question -- people say, "I'm telling the truth." But is your truth true? And when you're in a position -- my -- Right now, I'm trying to establish a rapport between the young generation and the Police Department. When you look at all the shootings that's been involved around the country now, it's a dangerous situation now. When you can have a person that has the authority to -- first of all,, they can arrest you without a reason, and then you have to get up out of it -- but then, to have a gun and be able to make a statement that is so derogatory. Young folks are afraid. I have a great challenge in trying to explain to young people there are still some good people in the Police Department. All police are not bad. Just like they have -- we have bad pastors that preach the gospel, but the reality of it is when you have to make a decision based on what's right versus what's wrong, you have to push your emotions out of the way, don't let your feelings get there, and just know that the truth will always stand, only as long as it is true. So my support is for the City Manager and the Chief of Police -- City of "Miami Page 28 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Mr. Chairman. Mr. Chambers: -- in that matter. Commissioner Carollo: I have a question. I'm -- so I've heard various people -- the former law enforcement officer and trainer come up and say something similar. So my question is: So you support the Manager on those decisions, but you're not supporting the Manager overall, like with the issue with the storage component of evidence and things of that magnitude, correct? You're coming to speak specifically on those firings? Mr. Chambers: Yes. I'm speaking specifically on that. Commissioner Carollo: On those firings. Mr. Chambers: What I always say, "If you're right" -- "If you're righteous, you'll make righteous decisions" -- Commissioner Carollo: Understood. Mr. Chambers: -- "regardless of what the decision is." Commissioner Carollo: Understood. Because I think the discussion item is more of a whole bigger picture. Yes, that is also included. So 1 understand. Your point is well taken. And also, the_former law enforcement officer and trainer that was here, so on that point, on the_farings, you support the Manager? Unidentified Speaker: Yes. Commissioner Carollo: But we will have a discussion on the whole Department of the Police. Mr. Chambers: Okay, sir. Commissioner Carollo: Thank you. Chair Hardemon: You're recognized, ma'am. Kristin Hart: Good morning. My name is Kristin Hart. I live at 3334 Charles Ave., Miami, Florida 33133, and I'm here in support of CA.5. It's wonderful to see funds allocated to helping our Miami homeless population find housing. However, if something isn't done regarding the need for extremely low housing in the West Grove, this housing, the homeless crisis will become significantly worse, and the allocated amount of less than 300,000 will be barely scratching the surface. I know Commissioner Russell has been working very hard behind the scenes to find solutions for our housing crisis in the Grove, and I want to express my gratitude. However, we have come before this Commission a few months ago, expressing the housing crisis and an emergency situation, and I'm a bit surprised to see that there's still nothing really on the agenda regarding some solutions for this problem. I'm also happy to see PH5 through 7, regarding funds for antipoverty initiatives in District 5, but my question is: What about the poverty in District 2? I urge you to continue seeking solutions for our housing crisis for our extremely low-income residents. Please remember that this is an emergency situation and continue working for the constituents that desperately need your help. So thank you for your time, and I look forward to the good that you will accomplish in West Grove. Chair Hardemon: Thank you so much. You're recognized, ma'am. City of Miami Page 29 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Renita Holmes: Good morning, each and every one. Commissioner, I'm Madam Holmes, an executive director of the Women's Association Alliance Addressing Injustice and Violence Epidemia [sic] of Women in Public Housing, Education, Finance and Development; as well as Our Homes, Opportunities for United Restoration of Our Homes, and that's a benefit in telling you the experience, the lengthiness of the years and the left/right-handed fist that we utilize in services to decrease poverty and gentrification, which seems to be massively occurring -- or is massively occurring as a result of the housing crisis. And we have to look where we came from. And when we talk about extremely low-income women and mothers and fair housing, and economic opportunity, I'm very well in support of CA. 5, CA. 6, and PH 1 through PH 2; particularly, I would say to my Commissioner in District 5, because I'm -- been tracking for over 37 years the transition of women and children out of public housing -- came out of it myself -- and homelessness. But recognizing that this has been the basis of all development, how do you engage this population in a process mandated by the State as comprehensive? Each woman that you hear, appears here, states it, and even I can't comprehend it. I hear the gentleman speaking about the disparity, if not the other side of the world, focused on economic opportunity through projects, and that's created in Virginia Key. And I say "Virginia Key," because it's the black beach on the other side that gives me no benefit to the revenues thus, far, because my folks are traveling around; my mothers are traveling around. I want to thank Madam (UNINTELLIGIBLE) Kitchens and Mr. Kerwin; and, of course, the fine gentleman over there, for meeting with me. I stay out there doing that river since I live in Overtown, but when it comes to responding to crisis, whether -- as a result of the stress of not having a home, sexual trafficking; a lot more victims, transient persons coming in; teaching mothers how to do safety and health initiatives, I'm proud to say through our project -- progressive projects for public network that we can help you to comprehend and civically engage, and have more input. I'm going to close basically like this: You know, if it's mandated for citizen participation, how do you participate when you're traveling around? And that leads me to discussion -- proper management. 1 have more -- and no disrespect, Commissioner, but the truth will set you free. I want to thank Pastor (UNINTELLIGIBLE), because he's had his door open at the Ministers' Alliance. I want to thank the young lady from Willing Leading Life. But how -- your truths may not be my, truth. And what we've done is, we've provided assessments and surveys which target -- for a moment, I'm sorry. I'm a bit distracted. Everybody's stressed out. If we are mandated -- I love police officers, and I do support in the firing of anyone that puts their hands on any woman or any person that doesn't have a place to live; and it's common, the call for help. Heck, yeah. But I got to be a first responder, and I know you're tasked with being first responders to this crisis with everybody else's opinion. But you can't let people build where people are being torn down. And so, we offer proper assessments and surveys to those that are most -- the disenfranchised -- been there, did or done that -- to navigate through a system which seems to be working in silos. I've got the -- for example, the Village Council over here, and Willing Leading Life over there; and then Renescha, who's been trying very hard. Thank God, she has. And then here, we're coining now, bringing projects that have strategy, that address things specifically. That's not comprehensive, according to the 10 Steps, a guideline which I'm going to provide to the Clerk. So we need to measure ourselves. We're responding to a crisis, people are not safe and healthy; but yet, 80 percent of our process in PZ is about putting up some artwork so that we can pose under some nice colors. Chair Hardemon: Madam Holmes. Ms. Holmes: I would like to see -- Mr. Chairman, in closing, sir, I would like to see you discuss why management is doing that, because I don't believe that that's the priority of what we're supposed to do when we're doing comprehensive master plan, citizen input. And I'd like to continue to ask you to support us in gathering resources, because we're just now getting this consolidated plan and this network and Mr. Rashid and everybody together, and them folks in Overtown. I been surviving for 37 years, pushing policies and doing direct support. And sometimes, you have to slow things down just a little bit. City ofMiami Page 30 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Thank you. Ms. Holmes: So please have that discussion about management. Please stop having people not have citizen input from these women who are traveling everywhere. And do God's work first. That says, "Love thy neighbor." That way, you'll keep some taxpayers and you'll keep some revenues. Chair Hardemon: Thank you, Madam Holmes. Ms. Holmes: Thank you. And you'll keep ethics. Chair Hardemon: Thank you. Ms. Holmes: Thank you. Chair Hardemon: You're recognized, sir. John Kearns: Yes. My name is John Kearns, of Coconut Grove, 33133. I'm here to speak about the proposal for the marina at Virginia Key. I'd like to start off by quoting Dr. Seuss, in "The Grinch Who Stole Christmas." This RFP for the Virginia Key Marina "stink, stank, and stunk." Specifically, there's nothing -- this is a 25-year lease. There's nothing prohibiting the developer to own and operate the marina for a period of time. He could be awarded this contract and market himself as the -- what you call it -- to the marinas, and immediately, the following day, sell it; sell the lease, sell the contract to Motel 6 Marinas. Second, there's three or four different parking garage solutions in this RFP. There's no way that the evaluation committee could make an apples to oran -- apples-to-apples comparison when it asks for three or four different things. The next thing is the -- there needs to be better vetting of the selection committee. Last time, the first became last, based upon one judge's score, who, it turns out, to have a conflict of interest. I believe the judges should be thoroughly vetted, that we should expand the number of judges to 10 so an erratic -- it lessens the effects of an erratic score. And fourth item: That this RFP also states that the City and the City Manager is not bound to the decisions of the selection committee. The City Manager can accept or reject the recommendations, go on to the second bidder, the third bidder. So why do we have a selection committee if we're not bound to the evaluation of the selection committee? And finally, I believe that the bidders should be forced to fully disclose -- have full disclosure. Last time, there was a big conflict on whether the sewer spill occurred in Dade County, in the City of Miami. You know, let's craft this document with some very specific questions, and remove the wiggle room so we know what we're getting ourselves into. Thank you very much. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Willie Ford: Good morning, Mr. Mayor; Chairman, fellow Commissioners. My name is Reverend Willie L. Ford, Jr. I am the pastor of the St. Matthew Community Missionary Baptist Church, at 3616 Day Avenue, in the Miami, Florida area. I come also to show my support and express my stance and support of the City Manager for the firing and the termination of the three police officers for the inhumane comment that they've made about lives of others. I personally believe that you cannot properly provide service with a good conscience to those who you have a disregard for and don't really care for. So to make a statement like that says how you feel, personally. End by saying this: There's a statement by God that says, 'It's" -- "I"-- "It repent me. I repent that I even made man, because his thoughts, every thought that he has." He didn't say, "his actions." He said, "The thought that he have is wicked." Mr. Chairman, you made a statement earlier when you were speaking to the Senator about, many times, we don't consider the struggles of others until we fall into that predicament. Unfortunately, I'd like to say that it's a shame City of "Miami Page 31 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 that we have to get in somebody else's position for us to understand and have empathy for them. So I would just like to say I support this issue, Mr. Carollo, of the City Manager in the firing of those police officers. Thank you for your time. Chair Hardman: Thank you very much. You're recognized, sir. Steven Wernick: Mr. Chair Steve Wernick; address at 2501 Swanson Avenue, here this morning in my role as the chair of the Waterfront Advisory Board on RE.1, Virginia Key Marina RFP. And we had a meeting on Tuesday evening for our Waterfront Advisory Board, and because the resolution or motion has not come out, I just wanted to put on the record that we did -- we were presented with it at a stage prior to the Request for Proposals going out. There was a thorough presentation, and our board recommended to move forward with the issuance of the RFP, with some input. Notably, the scoring criteria -- or the evaluation criteria in the RFP has categories which have some subcategories identified, but not specific points allocated. And specifically, for resiliency, which is included, it is within a category of I think, urban design or -- and the development of the site for a total amount of points, and we recommended allocating a specific number of points for that subcategory, so that those proposals can be judged equally on that category. And the second item was the City retaining control over determination of ,final number of slips towards the end of the process, before the development plan is approved, but I just wanted to let you know that we did see it, and we appreciated the City Administration bringing that to us at the time of the process. Thank you. Chair Hardemon: Thank you very much. You're recognized, sir. Marcus Bach: Good morning, Mr. Chair, Honorable Commission, Mr. Mayor, Mr. City Manager. Marcus Bach, with the Miami Dolphins, 347 Don Shula Drive, in Miami Gardens, Florida. Thank you for allowing me to speak here today about Commission -- item DI.1, which is Fins Weekend, our annual charitable event that we do currently at the Miami Beach Marina. Because I do work for the Dolphins, 1 think 1 would be remiss to ignore what happened this past week, and just want to thank the City, the community, the fans for all the support they gave us this season. It was a great year. Obviously, the ultimate goal is to win a championship, but we had a lot of support from the fans, so we thank you for that. But I'm here to talk about what we do off the field today, and not what we do on the field. The record was 10 in 6 on the field, but we'd like to be 16 and 0 off the field, and the way we do that is through our foundation, our charitable arm, the Miami Dolphins Foundation. And the Miami Dolphins Foundation ultimately raises its funds for programming much of which impacts the City of Miami, such as the Dolphins Cancer Challenge; an annual program called Fins Weekend. Fins Weekend is a fishing and golf tournament which has been housed at the Miami Beach Marina traditionally. But we want to grow the amount of funds that we raise through Fins Weekend, and we want to grow the impact that we have on this community. And one way we can do that is by finding a new home for Fins Weekend, and we think the Miami Marine Stadium would be a great new home to grow into for Fins Weekend. Right now, we're sort of limited with about 19, 000 square feet of tent space, and Miami Marine Stadium provides much more space. It's an iconic location for this event, and we can house the ,fishing tournament and the events, the fundraising within one site. What we would ask from this Commission is simply that you waive the fee for our foundation. We're happy to cover all of the expenses, all of the tenting expenses, the sanitation, the police, the fire. We just ask for a waiver of the rental fee so we can host this event, grow this event at the Miami Marine Stadium, and continue to raise millions of dollars that we can then deploy in the community. Just so you guys have a good understanding of where the money goes, a large chunk of it has gone to the City Year. We made a four-year $1 million commitment to City Year, and funded two teens in inner city schools. City Year provides mentorship programs, they increase graduation rates, they increase retention rates, they keep kids on the right track; the kids that are most vulnerable and they're most needy. And we want to City ofMiami Page 32 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 continue to provide those sorts of funds, and that sort of programming in the City of Miami. So we would ask for your support, and we would ask for a waiver of the fee to allow us to grow Fins Weekend, grow our fundraising, and grow our impact on the City of Miami and the surrounding community. Thankyou very much. Chair Hardemon: Thank you very much, sir. Mr. Armbrister, if you don't mind, I'm going to allow other individuals to speak before you give your two minutes, because you've had a personal appearance, so you've had time to speak, so I want to allow some people who have not had a chance to speak an opportunity to speak before you speak. Williams Armbrister: I'm speaking on the items -- Chair Hardemon: Once -- I don't -- once -- Mr. Armbrister: Very good Chair Hardemon: Thank you. Mr. Armbrister: Very good Chair Hardemon: You're recognized, ma'am. Christine Rupp: Morning. It's still morning. And Happy New Year. Christine Rupp, executive director of Dade Heritage Trust. First, 1 want to thank you, Commissioner -- Chairman Hardemon, Vice Chairman Russell, Commissioner Gort, Commissioner Carollo, City staff I've been the director at Dade Heritage Trust now for a year, and always, you've given me your time -- Mayor Regalado, also -- your energies, all in a spirit of partnership. City staff has been more than generous with their time and information. I just want to let you know you've got some great people working here that really care about the City, and it's a pleasure to work with them. I'm here on two items today; one is the Miami Marine Stadium RFP. After reviewing the RFP, Dade Heritage Trust has some comments: One, all reference to the possibility of marina wet slips inside the basin must be removed And it's a little confusing when you review the RFP. On page 17, under Section "B, " Number 2, it says, "No wet slips will be allowed within the historic basin." And just some clarification, to know if, in the RFP, this is talking about the same area. In Section 5, on page 19, it says, "Additionally, the City reserves the right to cause, construct, build, operate, control, or create a mooring field and/or marina within the confines of Biscayne Bay, and/or within Virginia Key basin, adjacent to the project." So I'm not sure if that's the same body of water that we're talking about. Obviously, as an historic preservation group, our main concern is the restoration of the stadium, its successful operation, and maintenance of the original character of that basin, so that's number one. Number two, boat traffic from the proposed boat ramp should be directed by channel, directly into the intercoastal, and not into the basin. The basin should remain a no -wake zone. Site lines from the Miami City skyline should not be significantly imposed upon. One of the joys of that stadium is seeing that beautiful skyline from the interior of the stadium. And fourth -- and this has been talked about briefly -- about a holistic approach to those three facets of Virginia Key in that area: the marina, the Marine Stadium, and the flex park. So, hopefully, when the marina is planned, they'll take into consideration parking and other issues at the stadium. Secondly, I'm, here in support of SR.1, the art in public places legislation in its entirety, and not in a bififrcated approach, as was discussed earlier. The Commission has an opportunity, to change Miami's current development philosophy, and create an environment that embraces proven facts that public art projects, historic preservation have great public, cultural, and economic benefits Jrocities and for all of its residents. It's a very, democratic process and idea. Positive quality of life enhancement make Miami a more attractive place, and it's a great example of good forward thinking and proper planning. So we wholeheartedly support the Art in Public Places Ordinance in its City of "Miami Page 33 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 entirety, as presented by staff and they did a great job of drafting the legislation. Thank you for your time. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Mikeya Brown: Good morning. My name is Mikeya Brown, and I'm corning on behalf of -- a resident of Coconut Grove, and Willing and Leading Life, and I'm coming because in PH 7, I see that you guys have an initiative, which is the antipoverty initiative, and I would like to know how that can help Coconut Grove with assessing some of us that will be displaced due to the housing crisis that is going on. Like you spoke earlier, I am a victim of being a -- well, I am a person that was a juvenile that suffered from a record, and my rights did not get taken away, but you have to consider about the ones who rights will be taken away when this housing crisis continues to go on, and developers come into our community and build. How will that help us? Also, how would it help us if we cannot afford this affordable housing? How can I tell my children, ages 13, 10 and 2 that, "You have to pick up and go somewhere else"? So what I'm asking you is, how can you give us funding from this program to help single mothers like me and families like me, who will be forced out of their homes, and have nowhere to go, and take their kids somewhere else to learn a new culture? How can you guys give us funding, from that program? How can we sit down and work together to make a difference in this community, and stop this that's going on? We need help and we need to do it together instead of doing it apart. I know people are not for the Public Art Ordinance, but I am. How can we use that to also raise money to help us single parents that need to stay in Coconut Grove, to revitalize our community and do better, and not wrong? Thank you. Chair Hardemon: Thank you so much. Ma'am, you're recognized. Brenda Betancourt: Good morning. Happy New Year. Brenda Betancourt, 1436 Southwest 6th Street. 1 just want to speak with you guys in reference of the human trafficking problem that we are having. I know that we have so many other issues, as well, but I think that the problems with the ones who were -- or the problems about the other infrastructures in the City is important, but human trafficking in -- among our youth is being increasing. We hear it over and over, and 1 believe that we have a excellent team in the City of Police Department, and I have heard that they need help, that they might need an extra person to give them a hand with all the cases that they have. Sometimes, we are focused a little bit our self more in other things than having a 13, 12, all the way to 19 years old youth being -- prostitute them self or either by their family members, or other people is really terrible. And something that we have informed yesterday is they have a -- books. You go to Barnes and Noble, you go to Amazon, and you have books, "The Pimp Bible, " and all kind of books who teach others how to do this crime. I hope that the City of Miami and one of you be able to kind of put a resolution or some code and -- where our libraries will not have those books, or those stores do not have those books, because it's terrible. Teach people how to make crimes, and we allow them to do it. I think that's something that speak out about what -- how tolerant we are, what actually is what we permitting in our City. Thank you. Chair Hardemon: Thank you very much. Sir, you're recognized. Robert Deresz: Good morning. My name's Bob Deresz. I live at 200 Southeast 15th Road in -- off ofBrickell, on the water there; beautiful place. I watch the Port ofMiami every morning, and I also notice that never any boats there being off-loaded, anyways. I'm a member of the Barnacle Society. We support the Barnacle State Park here in Coconut Grove, which is the homestead of Commodore Ralph Middleton Monroe, who's the -- that's what -- the stadium is named after that gentleman. All the photographs you see of early Coconut Grove are done by Ralph Monroe, because he was the only one with a camera in town here. I think he is -- I heard mentioning here on the advisory committee that that just doesn't roll off your tongue very well, and that they're maybe City ofMiami Page 34 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 thinking of changing the name. Please don't do that. You should be honored. Call it the Commodore Stadium or such. Now, my next point is the State -- the marina, please. Just right off hand here, it -- you probably might think of putting a couple slips there behind the Spoil Island for the City of Miami for either a rescue boat or fire boat, or just the police to come -- police boat to sit there, and maybe even ask for 1,000 square feet or less of office space for the City of Miand in that space so that you have something to work out of. It's interesting. If that RFP were to be -- were -- be chosen and built the year before Pearl Harbor, that lease would run out this year -- would ran out this year. So how all that is going to last 75 years is beyond me. And when it does come to the 75 years, who's going to pay for the demolition? I'd like to reiterate what Mr. Kearns was saying there. It's a big point of mine, of concern of the specifics. If you look at -- as the young lady just mentioned, there's no specifics in the RFP. Why aren't there -- all the developers here questioning why it is so specific and questioning what their rights really are? Because there's all these loopholes that I see in this; loopholes that we saw when Mi -- Dinner Key and Miami Marina were under private contractor, run by corporations instead of the City, back in the early '70s. That was ended because of loopholes. You know, there wasn't any money coming to us. It was -- found out that at Miamarina, their lawyer. fees and all -- most all the principals were lawyers. They charged all these lawyer .fees. There were never any profit. You know, you look at the Parrot Jungle, the way that was written. There's no profit. And by the way, how do I find out how much the owners pay themselves salary throughout all these years? How much money did they put in their pocket and never give to the City? When Monty Trainer had to -- when he subleased his property, a marina here in the Grove, it was a "oops"from our departments here, saying that they made a mistake in the lease. And when he subleased it, we only got the percentage that Monty got; not what the restaurant got, which brings a point to mention - - two mentions -- they actually reiterated in this RFP; in fact, it's very interesting. There's just one small paragraph that talks about .final return to the City, and one section's also called "rent," and they're actually -- they repeat themselves. They talk about, you know, the basic fee at 2, 350, 000, but then they talk about 6 percent for the wet slip and dry slip; 4 percent for sublease income. What if they sublease the restaurant to Chris (UNINTELLIGIBLE) nephew or something? Chair Hardemon: Sir, sir -- Mr. Deresz: And -- okay. I'll try to end it right here. Chair Hardemon: And I want to thank you for your comments, I mean, but you've been speaking for four minutes, so your -- Mr. Deresz: Every -- Chair Hardemon: -- you've been speaking for four minutes, so you're about -- Mr. Deresz: Okay. So -- Chair Hardemon: -- Jbur minutes -- typically, you're out of time. Mr. Deresz: -- if things could be more specific. And last thing I'd like to say is, I think the City should write -- you know, you're two -- we're 2.5 million -- billion dollars in debt in the City. We need the money. And I wish -- one last thing. I wish you would talk for us, as citizens, because we're part of Dade County. Dade County -- before the tunnel, before the dredging, 35 billion in debt. 14 billion of it is interest. And they have no -- their mindset is just keep spending money, keep spending money. Let's lower the debt, please. Thankyou. Chair Hardemon: Thankyou very -- City of "Miami Page 35 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Deresz: 14 billion in interest. Chair Hardemon: -- much, sir. Mr. Deresz: Thank you. Chair Hardemon: Mr. Armbrister, you can address the body now. Mr. Armbrister: Williams Armbrister, 3260 Thomas Avenue, Coconut Grove. Art in public -- SR.1, art in public places, it needs to be worded and defined so that it doesn't end up being what happened on the dead-end of my street. The art in public places got so carried away, they did it on the Simpsons house. They start -- went from the street to the house. Okay. And a waiver of fees for installation on solar panels, there -- it needs to be electrically inspected once that job is done. You should not waive those fees. That should be inspected to make certain that the home is -- doesn't turn out to be a fire trap. So, for that reason only, I said it needs to be. And the traffic cameras. The traffic cameras, in its inception, most of us knew it to be something that would be used in case there was an accident, but now it's used for revenue, and you have the ability to remove that part of the revenue raising in the City of Miami, because you have your own court here, for that reason, and I just want to say in -- we -- in Coconut Grove, because we have a nonfunctioning Planning & Zoning Department, as it comes to addressing the NCDs, (Neighborhood Conservation Districts). The NCDs don't matter to our current Planning & Zoning Department, because before any plans are approved, it should -- they should look and see how this proposed development is going to have a impact on our community. So it is currently dormant in the manner in which it should be working for us, and Planning & Zoning is (UNINTELLIGIBLE). So what we need -- asking in Coconut Grove that we have a Community Redevelopment Review Panel so any proposed development in Coconut Grove or in this area -- we are broken down into four quadrants: North, South, East, and West Grove. And this is from discussion from people in the community, my neighbors. So we should have three representatives chosen from each of those quadrants that will review any proposed development in our community, since our Planning & Zoning Department is not working. It's nonfunctional as it pertains to what's happening, and I -- you know it yourself, see. So 1 don't tell -- I don't come to tell you a truth. When I stand here, I tell you the truth that you already know. And if I tell you any truth that you don't already know, bring it to my attention. Chair Hardemon: Thank you, sir. Mr. Armbrister: Thank you. Chair Hardemon: Is there any other person here that'd like to speak on public comment? Mr. Ortiz: You want me to speak after lunch, Commissioner, since it is noon? Chair Hardemon: Its public comment time right now, so if you'd like to speak for public comment, this is your opportunity to be heard. And you've already spoke for your two minutes. You have an additional two minutes. Mr. Ortiz: Can we get everyone to line up then, if you'd like? Guys. Would it be okay if they just waived their time? It'll be so much easier. Chair Hardemon: Can you speak, please? Mr. Ortiz: Commissioner Gort, the FOP supported you in your campaign to be City Commissioner, because we believe that you're a stand-up individual. We believe that, with your deep ties to Miami, you truly want Miami to shine. You have been here for the good times and the not so good times. You speak so much about import -- how important City of "Miami Page 36 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 all City employees are, and how they need to be a part of the City Government. Well, the City Manager is damaging our City on a daily basis, and it's time to turn the page. Commissioner Hardemon, we admire the fact that, with your short time on the dais, you have worked to turn around your district. Being the son of a retired Miami police officer, you have witnessed firsthand all the sacrifices that Miami employees make in order to make Miami shine. You have also witnessed how unfair management can be when they divide and attempt to destroy a City of Miami employee, like they did to your mom. Unfortunately, that destruction has stuck its ugly head out, because of poor decisions by City Manager Danny Alfonso. Yesterday, the Fraternal Order of Police fled an unfair labor practice with the State of Florida on Daniel Alfonso for, once again, violating the rights of a Miami police officer. We are aware that the Manager will have some supporters, but none will be City employees who know what's really happening behind the scenes. I think it's important for everyone to hear it straight from the horse's mouth, and not just from me, and at this time, we will play a short video of one of our Miami police officers. And Mr Chair, the video is one minute and 53 seconds. Victoria Mendez (City Attorney): Mr. Ortiz, I apologize. Is that anything that's a pending case, please? Is anything --? Mr. Ortiz: Yes, yes. I'm speaking on behalf of the Fraternal Order of Police. I know you're going to tell the Commission that they can't speak on it. I understand your advice, but I'm just speaking. Thank you. Note for the Record: At this time an audiovisual presentation was given. Ms. Mendez: Commissioners, I just -- I need to point out for the record this is an open and pending case. 1 ask that you do not comment on anything having to do with this case. I also ask that any decision you make with regard to the Manager can -- I mean, you cannot take anything that was said on that case to interfere with anything. Remember that there are Charter provisions that deal with that, so 1 would ask that do not take into account anything that was discussed with regard to this case. Thank you. Commissioner Suarez: What? Mr. Ortiz: I know that I'm out of time, Mr. Chair. Chair Hardemon: Yeah. I mean, right now, you're 59 seconds over your two minutes. Can --just go ahead for another two -- I'm keeping track of your time. Mr. Ortiz: I'm sorry, I couldn't hear you. Chair Hardemon: If you want to finish your point, you can. Mr. Ortiz: Sure, I will. Thank you. I appreciate it. And this is not adversarial, I promise. I'm going to -- I'll let them take over because out of respect for you, I'll let them do that. This is not about the three police officers that everyone is talking about; it has nothing to do with that. Yes, they were fired. They should have not been fired, and we'll talk about that another time. But this has to do about unjust decisions that have been made by the City Manager which he has supported. This has nothing to do with color. This also has to do with the inventory of our homicide unit regard -- and we're going to get into that in that statement, which they'll take over. The hundreds of pieces of evidence that have been destroyed, which district do you think it affects the most? And I warned the Administration. I warned the management six months ago. This was not a fight the FOP wanted to pick, but it went on deaf ears, and that's why we have all these officers here today. Adam Gullacz: (UNINTELLIGIBLE)? City of "Miami Page 37 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Ortiz: No, you have to go to speak. So you're going to say your name; address, 710 Southwest 12th Avenue, and then just start speaking. Mr. Gullacz: My name is Adam Gullacz, 710 Southwest 12th Avenue. Yesterday, I received an anonymous package of emails regarding the containers. The FOP didn't know how bad things were until we read the emails. It shows how Police supervisors have been blowing the whistle for years on the fact that hundreds of pieces of homicide evidence would be destroyed. Of all the districts in the City, which district do you think will be affected the most by the destruction of homicide evidence? Through the years, the homicide evidence containers also became more and more expensive. Apparently, the new containers still are not to spec to prevent what has already happened. More evidence is potentially being destroyed. These two storage containers costed [sic] the City over $60, 000. City employees blew the whistle on the cost of these containers, while anyone could price them for a few thousand dollars each. Photos show that while shelving was going to be reinforced with steel instead of wood, it didn't happen. The City was ripped off again. Another example of mismanagement in the handling of 11 firearms from Miami Police property room. When retired Major Orestes Chavez was removing property from the property section in the middle of the night, I alerted the Chief of Police, as well as the City Manager. We didn't expect for the Chief to respond, since the investigation involves him. We expected the City Manager to respond. He didn't. Instead, he sent a letter to the Commissioners that he was concerned. The FOP responded. We wonder, where are those guns today and where they are on the streets of Miami? But Mr. Alfonso is more worried about his status as the City Manager than managing City, affairs. He sends letters tarnishing the image of our City. In his defense, he has received a letter from the smallest union that represents our Sanitation workers. I doubt this was endorsed by their entire membership, because Daniel Alfonso wanted to get rid of them all years ago, and privatize the Sanitation Department. It doesn't make any sense. It is telling that the Fire Union, as well as the largest union, AFSCME (American Federation of State County and Municipal Employees), will not give a letter in support of Daniel Alfonso, or we would have -- or he would have asked for it. 1 will tell you that 1 know the NSE/PBA (National Stock Exchange/Performance Based Assessment) is in the process of sending a letter in support of the removal of the City Manager. He terminates employees, because his attitude is, because he can. He is again costing the City tens of thousands of dollars, due to his poor decisions. He doesn't believe in due process. He micromanages the Police Department. As for the Chief of Police, he has no choice but to back his boss up and to act as if he is responsible. Chair Hardemon: Sir -- Mr. Gullacz: Fortunately, I'm not -- Chair Hardemon: -- your time is expired. I know you used the comp -- you used the term "1" many different times. Do you -- Mr. Ortiz: Pin representing him. Chair Hardemon: So you don't mean '7" as in you; you're reading what Mr. Ortiz has to say? Mr. Gullacz: Correct. Chair Hardemon: Okay. Edward Lugo: Name is Edward Lugo. Address is 710 Southwest 12th Avenue, and I'm speaking on -- in behalf of Javier Ortiz. As for the Chief of Police, he has no choice but to back his boss up and to act as if he is responsible. Fortunately, I am not a director. I City ofMiami Page 38 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 am not an at -will employee. I am under Civil Service, and wish to bring these concerns out in the open. Mr. Alfonso fired three employees, days before Christmas for inappropriate text message that didn't warrant termination. Why didn't he fire them six months before, when it had happened? They were at -will employees back then. Why did he fire them days before probation? Because he knew that when they were going to be taken off probation on December 27, they wouldn't get fired. One of the officers that had been blasted as a racist is black, and all he said was that the area he worked in was dangerous. At age 37, with two kids, he is now unemployed. Mr. Alfonso decision has further destroyed the morale of our employees. With 97 percent of votes showing no confidence in Daniel Alfonso, I can say this with an abundance of confidence: We do not support the City. Manager. We ask for the Commission to make a motion to remove the Manager, and for our entire City Commission to support it. Thank you. Chair Hardemon: I just want -- a quick question: How many people voted in your election? Mr. Ortiz: It was about 215. I can give you the exact numbers i f you'd like. Chair Hardemon: Okay, thank you. Mr. Ortiz: You want them? Chair Hardemon: Is there --? Sir, you would like to be recognized to speak? Mr. Ortiz: I'm sorry? Chair Hardemon: No, sir; behind you. Officer. Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: No. 1 heard your answer. I was asking, would you like to speak? No, he said, "thank you," so I'm assuming he was complete. Mr. Ortiz: Yes, he is complete. Chair Hardemon: All right. Would you like to speak, also, sir? Unidentified Speaker: No. Mr. Ortiz: There's two other officers that'd like to speak and that will conclude it. Chair Hardemon: Okay. Mr. Ortiz: Thank you. Jean Philippe: Good morning. My name is Officer (UNINTELLIGIBLE) Jean Philippe. My address is 710 Southwest 12th Avenue. I know I have an accent. I have a very thick. accent. I'm going to be speaking very slowly, so you can understand what I'm saying. I am here to support CA.1. For 13 years, I have been a police officer. I have worked pretty much every single shift -- days, weekends, and no weekends -- for City of Miami. I have been called by the Chief of Police one day, and they asked me to turn in all my equipments [sic] and my guns. They handed me over a 200-hour suspensions. And the next day, they told me, "You are fired." No one never asked me what happened. They never asked me for my side of the story. But the real reason they fired me is because I have been diagnosed by the City of being diabetic. The City knew about it. The sergeant and Administration knew about it. They never proposed me anything in order to help me out. We went -- later on, the City said they fired me because of my records. But we City of "Miami Page 39 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 proved -- beyond reasonable doubt, we proved that, in front of the arbitrator that the cases they brought up, I won them when I take them -- when I took them to Civil Service. I won those cases. The City Manager still don't want to reinstate me. I have a family of two. I have my wife and my kids. Today is the 12. I have no idea next month where I'm going to be living, thank to Mr. City Manager. This is the first time I meet up with him. Last night, we had a vote of no confidence. 97 percent of the people who voted said they don't trust him. Mr. Alfonso, I'm tell -- I'm look -- this is the first time I'm seeing you. This is the first time we -- I meet you. I don't want you to go for one day through what I'm going through right now. I'm just going to tell you a little story. On two -- on Christmas Day, my son came to me and told me, "Dad, I have only straight A's. "' I took my son to the store to buy him something nice. My credit cards were -- was declined, because I didn't have any money; just to put a tap -- to tap my son's shoulder. I have no income for 18 months. Yes, the FOP is representing me. Yes, I'm confident I'm going to win. But meanwhile, the same that -- the same way that you're sitting here, you have a .family. You don't want to get fired. You don't want to give your job away. Even though 97 percent of people voted against you, I'm sure that you don't want to walk and say -- to walk away and say, "I don't deserve any more." I have a family, too. We got officers here with a.family. They have bills to pay. Before you start pulling the trigger,. firing people for no apparent good -- for no apparent reasons, think about what you saying. Mr. Mayor, Chairman of the Board, Commissioners, as you can see, I am a foreigner. I have an accent. I was born and raised in Haiti, a country where democracy is a problem over there. I have seen the people that I grew up with that became Mayors, some of them became Senators, deputies, and everything like that. But 1 always told them one thing: The minute that you put yourself in a situation where you have to have -- with a referendum to find out if they like you or if they don't like you, if they agree with what you did and what you didn't do, that's the cue for you to leave, because they don't trust you anymore. Probably, Mr. Alfonso is saying, "Okay, if 97 percent of people voted against me, that's nothing, " probably. We all have families, we have kids. Let's let one of our child, the child that we loved, he was -- he going to have surgery, and the doctor going to perform surgery walk up to you as the father and say, "Listen up, sir. 1 have to give you bad news. Your child that I'm going to operate on, he has 97 percent of chance to die." How will you feel as a parent? Chair Hardemon: Sir, your time is expired. I've given you an additional two minutes to speak, and that has expired, as well. And so, I'd like to thank you for your comments and ask the next officer to come up to speak. Mr. Philippe: Thank you, Mr. Chairman. Chair Hardemon: Thank you. Mr. Philippe: I appreciate that. Chair Hardemon: Thank you. Adrian Rodriguez: Good afternoon. My name is Adrian Rodriguez. My address is 710 Southwest 12th Avenue, Miami, Florida. This is in regards to CA (Consent Agenda). I was terminated by City Manager Daniel Alfonso. I worked proudly, serving the City of Miami for seven years. The City of Miami asked for me to give a voluntary statement in regards to a criminal investigation. Like any reasonable person would do, I spoke to an attorney, who advised me to assert the Fifth Amendment. He told me to give a statement ordered -- if' ordered by the Police Department, which I will fully comply with. Commissioner Suarez, Commissioner Hardemon, I know that both of you are licensed attorneys. Wouldn't you advise your clients to do the same? So I was fired, and the City made some false allegations to try to justify them firing me. From time to time, I watch on the internet the Commission meetings. Commissioner Gort is always talking about working as a team and making the City of Miami shine. Well, Danny Alfonso is only City of "Miami Page 40 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 tarnishing the image of our great City. Since the truth has come now about how he is a good man -- he is not a good Manager, he decided to put out a letter, two days before Christmas, saying that I was a suspect involved in a murder. He has made it impossible for me to find a stable job. My arbitration is in February, which I am more confident -- I am more than confident that I will get my job back. Saving -- everyone talks about saving money. Imagine all the money you would save if he didn't violate people's rights, and put out accusations as if I'm a murderer to the public, to defend himself. I am looking at all legal remedies to come after him for tarnishing my name. I am a United States citizen. I have constitutional rights, and all I did was exercise them; just like any of our Commissioners would do. My termination is just like of employee Sandy Dorsainvil. Daniel Alfonso apparently believes guilty is until proven innocent. The only difference is that I hear -- I have Civil Service protection, and will get my job back. I ask that you remove the City Manager. Thank you for your time. Chair Hardemon: Thank you, sir. Is there any other person that's here for public -- Mr. Ortiz: Thank you, Mr. Chair. Chair Hardemon: -- comment that'd like to make a comment? Mr. Ortiz, I know that you're itching to say something to close. Mr. Ortiz: No, I'm not. I just -- Chair Hardemon: Oh, you're not? Mr. Ortiz: -- want to say thank you. Chair Hardemon: Okay. Thank you very much. So seeing no other person here for public comment on any of the agenda items for Part 'A" of this agenda, I'm going to close the public hearing at this time. Commissioners, you realize that we're past the 12 o'clock hour, which is our normal lunch hour. Ms. Mendez: And Chairman, 1 just wanted to remind everyone that we have an executive session, I believe, starting sometime after 2 o'clock. We also have a shade meeting. I don't know when the Chairman wanted to deal with those. City of "Miami Page 41 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1443 PERSONAL APPEARANCE BY WILLIAM ARMBRISTER REGARDING THE STATE OF OUR COMMUNITY. RESULT: PRESENTED Note for the record: For additional minutes referencing Item PA.1, please see "Public Comment Period for Regular Items." Chair Hardemon: And at this time, what I'd like to do is have our personal appearances speak, and so, I want to recognize the initial personal -- well, the initial personal appearance that is listed on the agenda should be acknowledged. first; not in deference to -- not to insult any of our elected officials, but he is listed on the agenda, so I want to ensure that he goes first. So Mr. Williams Armbrister, you have five minutes to address this body. Williams Armbrister: 1 greet you all, every man, woman, and child, in the name of our Lord and Savior, Jesus Christ. And my name is Williams Armbrister; who resides at 3260 Thomas Avenue, Miami, Florida 33133, in the neighborhood commonly known as West Grove. I am here to deliver a state -- deliver the state of our community. West Grove is the victim of gentrification, and the only unexplored and unpopular remedy for relief is eminent domain. As in the 5th Amendment of the Constitution of these United States, it simply means the right of government municipality or its agent to expropriate private property for public use, with payment and compensation. And in this case, it would be the market value of such properties. In our situation, in our particular situation, not knowing how it's dealt with or taking place all over the United States, it is the Planning & Zoning Department operating independently, operating for lobbyists, or following the directives of our elected officials; however; eminent domain is an unexplored remedy. The West Grove community needs housing, accessible for low- to moderate -income households. It is suggested by residents I communicate -- it is suggested by the residents that I communicate that a letter of intent should be drafted, approved by the Commission and the Mayor, giving notice to property owners in this community who have not maintained their properties on Grand Avenue, vacant lots in this community, bank - owned properties in this community to be the intention of our legislative body. The West Grove community more than meets the criteria for establishing a CRA (Community Redevelopment Agency). The original statute governing CRAs is entitled, "The Community Redevelopment Act of 1969." The definition, guidelines and requirements therein have not been substantially changed since their inception. The congress further finds and declares that the future welfare of the nation and the well- being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require systematic and sustained action by Federal, State, and local governance to eliminate blight; to conserve and renew older urban areas; to improve the living environment of low- and moderate -income families, and develop new centers of population growth and economic activity. Enacting the law of the Constitution, we can rebuild the Bahamian -African -American community, in West Grove. All Grand Avenue real estate -- property owned by banks; vacant properties, other than inheritance real estate -- shall be included in the eminent domain process, to be acquired at market City of Miami Page 42 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 value, as is indicated by the Miami -Dade County tax roll. Building homes for home ownership, keeping with the Bahamian architecture that reflects the history, culture, and foundation of this West Grove Bahamian -African -American community is its purpose. All properties on Grand Avenue which have remained undeveloped more than five years, and property that have been vacant or deemed uninhabitable, because of owner neglect, shall be targeted or included in the eminent domain process. This was attempted at 3696 and 3698 William Avenue some 10 years ago, where the owner wanted the building vacant. And what he did, he went into the meter room, removed the panels, the electrical panels -- indicating the rage that he did this in, because he left the screws on the floor -- and started removing meters, so that Florida Power & Light would come by and disconnect the power for the building. So someone employed a electrician to go by and make necessary repairs. And when FP&L (Florida Power & Light) returned to that site, the power was restored. Because it's two buildings, the wires were going across from one side to another, because these residents worked together to provide, for the needs of their neighbors. And so, it was - - this is the same process that's going on, on Grand Avenue. Chair Hardemon: Mr. Armbrister. Mr. Armbrister: Yes, sir. Chair Hardemon: Your time has expired. Mr. Armbrister: Yes, sir. Chair Hardemon: Do you mind submitting your written speech to the Clerk's Office so that we have a full account of everything that you intended to put on the record? Mr. Armbrister: Well, I'll discount a majority of what 1 had to say and move down to a closing -- Chair Hardemon: Yes, sir. Mr. Armbrister: -- item. A resolution to honor the efforts of the late Art Teele, for his efforts to preserve the African American presence in Overtown throughout his district, from northwest -- on Northwest 2nd Avenue, from Northwest 2nd Street to Northwest 80 Street -- 81 st Street -- should be named Art Teele Boulevard. And if you'd like me to submit -- Chair Hardemon: You can put -- Mr. Armbrister: -- it in its entirety to you and all the Commissioners and the Mayor, and anyone in the public that would like a copy of it also, to know exactly what it is I submitted to them, I'd appreciate it if you'd let me know you'd like a copy. Thank you very much. Chair Hardemon: Thank you very much, sir. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Mr. Armbrister, thank you very much for your words. Mr. Armbrister: You're very welcome. Vice Chair Russell: It's -- I take it very sincerely, and I think you know that I'm a very strong advocate for stopping the displacement in the West Grove. The point you brought up about eminent domain, we discuss this a lot, and I've heard it a lot within the community, as a potential option. I assume you're particularly talking about the City of Miami Page 43 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 six blocks on Grand Avenue that were under contract that are in neglect. I've looked into this, and I'd like an opinion from my City Attorney so that it's on the record. It's my, understanding from the City that eminent domain has very specific purpose for which the government can take action to purchase the property under this mechanism. And Madam City Attorney, if you could go into those items of how eminent domain can be used? Because it's my understanding that displacement, affordable housing, a crisis such as this is not one of them that we can use this particular mechanism for. If the mechanism can be used, we will definitely consider that option; of course, then, there's the cost; the market rate, plus legal cost of doing so. I think it's worth looking at, but my understanding is, legally, we cannot. Madam City Attorney? Victoria Mendez (City Attorney): The situation is -- with regard to eminent domain, as you said, it has many specific criteria. Obviously, if we were doing it for certain infrastructure of the government, that is something that you can totally use eminent domain for. To eliminate slum and blight is, under the case law, not allowed. But we are working with the County and trying to figure out certain things that we can do in order to assist. Also, just because there's certain land that one would be interested in acquiring. for eminent domain doesn't mean that you can't find land a few blocks, a few miles away that would obviously result in the same purchase, for lack of a better word -- or acquisition. The problem is, it might not necessarily be the land that you are advising this body to look at, just because of the parameters of eminent domain, so that's the rub. Chair Hardemon: Commissioner Gort. Mr. Armbrister: Eminent domain is the Constitution of the United States, and the municipalities have the power to enforce that -- Chair Hardemon: Mr. Armbrister -- Mr. Armbrister: -- as it is necessary. And we would like our streets in Coconut Grove, Commissioner Russell, not to be continued used as graffiti projects for whomever you're permitting this for. Chair Hardemon: Mr. Armbrister -- Mr. Armbrister: Yes, sir. Chair Hardemon: Commissioner Gort. Commissioner Gort: Just food for thought: My understanding is, most of this property are in the -- bankrupt. Vice Chair Russell: I'm sorry? Commissioner Gort: In bankruptcy, most of these properties. Vice Chair Russell: Foreclosure, may -- Commissioner Gort: I think it might be a lot easier if we can talk to the banks and maybe create an incentive with the -- they can have the affordable housing with market rate going at the same time. We've done that before, and it works. Chair Hardemon: Thank you very much. Mr. Armbrister: The timing is ideal. It's perfect. City of Miami Page 44 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Thank you very much, Mr. Armbrister. Mr. Armbrister: And I thank you, Commissioner Gort, for that. Thank you all. Chair Hardemon: Thank you very much. END OF PERSONAL APPEARANCES City of Miami Page 45 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 CA.1 1317 Department of Police CA.2 1348 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $172,486.24, FORA ONE (1) YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. ENACTMENT NUMBER: R-17-0001 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "Public Comment Period for Regular Items" and "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "DV— DOMESTIC VIOLENCE UNIT PROJECT — MIAMI 2016 — 17" CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, JUSTICE ASSISTANCE GRANT, IN THE AMOUNT OF $10,162.00, TO BE USED BY THE CITY OF MIAMI POLICE DEPARTMENT'S DOMESTIC VIOLENCE UNIT TO FUND OVERTIME HOURS OF ITS INVESTIGATORS AND STAFF; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0002 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End Consent Agenda." of City of Miami Page 46 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 CA.3 1349 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "SRO - TRUANCY REDUCTION PROJECT — MIAMI 2016 - 17" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $20,326.00, CONSISTING OF A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, JUSTICE ASSISTANCE GRANT, TO BE UTILIZED BY THE CITY OF MIAMI POLICE DEPARTMENT TO FUND SCHOOL RESOURCE OFFICER PROJECTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0003 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION 1463 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PIGGYBACK OF CITY OF A DORAL ("DORAL") CONTRACT FOR CATCH BASIN MAINTENANCE PROGRAM, FROM ENVIROWASTE SERVICES GROUP, INC., ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, UTILIZING THE EXISTING COMPETITIVELY BID CONTRACT OF DORAL INVITATION TO BID NO. 2013-32, EFFECTIVE THROUGH MARCH 24, 2018, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY DORAL; ALLOCATING FUNDS FROM STORM WATER ACCOUNT NO. 00001.208000.534000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. ENACTMENT NUMBER: R-17-0004 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.4, please see "End of Consent Agenda." City ofPage 47 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 CA.5 RESOLUTION 1466 Department of NET Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "2015-16 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $298,234.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FOR A TWELVE (12) MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI- DADE COUNTY; ALLOCATING THE CITY OF MIAMI ("CITY") REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED $76,136.00 FROM THE CITY'S 2016 MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.512000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE TRUST'S FUTURE ALLOCATION AND THE CITY'S APPROPRIATION OF FUNDS. ENACTMENT NUMBER: R-17-0005 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." CA.6 RESOLUTION 1467 Department of NET Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "2015 -16 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $141,433.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FORA TWELVE (12) MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY; ALLOCATING THE CITY OF MIAMI ("CITY") REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED $61,625.00, FROM THE MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.512000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE GRANT AWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE TRUST'S FUTURE ALLOCATION AND THE CITY'S APPROPRIATION OF FUNDS. ENACTMENT NUMBER: R-17-0006 City of Miami Page 48 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." CA.7 RESOLUTION 1469 Department of NET Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "2015-16 MIAMI HOMELESS ASSISTANCE PROGRAM (MAIN)" AND ACCEPTING AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $255,853.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), FOR A TWELVE (12) MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN THE CITY OF MIAMI ("CITY"); ALLOCATING CITY REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED $81,705.00, FROM THE MEMORANDUM OF AGREEMENT GRANT ACCOUNT NO. 14800.910501.512000.0000.000000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF THE GRANT AWARD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE TRUST'S FUTURE ALLOCATION AND THE CITY'S APPROPRIATION OF FUNDS. ENACTMENT NUMBER: R-17-0007 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.7, please see "End of Consent Agenda." City ofPage 49 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 CA.8 RESOLUTION - Item Pulled from Consen 1491 Department of Solid Waste A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE NECESSARY ACTION OF THE CITY MANAGER AND/OR DESIGNATED CITY OF MIAMI ("CITY") STAFF IN ORDER TO ACCEPT THE 2016 COCA-COLA/KEEP AMERICA BEAUTIFUL PUBLIC SPACE RECYCLING BIN GRANT, WHICH WILL PROVIDE THE CITY WITH NINETY (90) RECYCLING BINS, VALUED AT A TOTAL OF APPROXIMATELY $32,500.00, TO BE PLACED IN PUBLIC SPACES THROUGHOUT THE CITY; AUTHORIZING THE CITY MANAGER TO PURCHASE AN ADDITIONAL THIRTY (30) MATCHING RECYCLING BINS, AT A TOTAL COST NOT TO EXCEED $10,070.00; ALLOCATING FUNDS FROM ACCOUNT NO. 04001.213040.552000.0000.0000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0027 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: CA.8. You're recognized, sir. Mario Nunez: Good afternoon, Chairman and members of the Commission. Mario Nunez, director of Solid Waste. This is in regard to the acceptance and ratification of the acceptance of the 2016 Coca-Cola Company grant, a recycling grant for public spaces. In a nutshell, we apply through the "Keep America Beautiful" Organization. The City of Miami is an affiliate of Keep America Beautiful. And with that, we were eligible to receive a donation of 90 steel metal containers to be -- recycling containers to be placed in select places where there is a lot of pedestrian traffic. And with that, it requires a matching amount from the City of Miami to purchase an additional 30 containers. Those containers, for your information, do not have any branding or any other information advertising the donor, but actually, we anticipate to put the City of Miami logo, as we do with every regulated receptacle here on the public spaces. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. And thank you, Mr. Nunez. I'm definitely supportive of recycling bins and a donation, even though there is a match from the City. My issue was just that; what type of logos were these bins were going to have, because in my briefing, the Manager mentioned that there will be -- he agreed that there will be City logos. However, if you look at the backup, that's not what the backup says. So I want to verb that these bins will have either City logos, or they're not going to have any type of design that, you know, we will not be proud of. City of Miami Page 50 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Nunez: Actually, as a matter of fact, I have to pick and choose the containers which we have. I have actually pictures of them, in case you want to see them. They have small openings. It's going to be -- the only advertising you're going to see is the "Keep America Beautiful" and the City logo, as you see everywhere else. Commissioner Carollo: Okay. Mr. Nunez: We have picked the one -- you have the choice of using the Coca-Cola logo, but, obviously, you know, that will be actually a violation of Chapter 54 of the Code. Commissioner Carollo: Exactly. Chair Hardemon: I love Coca-Cola, though. Mr. Nunez: So -- but if you want to see the nice containers, we're introducing recycling to the City streets of Miami and the parks. You know, that's good news for the City. Commissioner Carollo: So those will be the containers that --? Mr. Nunez: Exactly what you see here. I can pass it around. Commissioner Carollo: Actually, if you could put it in for the record. Mr. Nunez: Okay. Commissioner Carollo: Okay. Chair Hardemon: Commissioner Gort. Mr. Nunez: Yes. Commissioner Gort: Mario, mainly, this is part of the Keep Miami Beautiful, Keep -- Clean Up Miami, correct? And my understanding, you're going to select areas where there's a lot of high traffic, and also, you're going to use this as an education of importance of recycling. Mr. Nunez: We're working with different local organizations: the Wynwood BID (Business Improvement District), Coconut Grove BID, we're working with the Historic Virginia Key Beach Park Trust, Miami DDA (Downtown Development Authority). We want to get partners who really are the experts in the area, and we place those containers exactly. We expect each container to be used of a minimum of three -- 23 times per day; which will yield approximately one million people using the 120 containers on an annual basis. This is the kickoff. We're planning on expanding this citywide. This is just the beginning of a new program under the "Keep Miami Beautiful" effbrts that you have been supporting, you know, since 2014. Commissioner Gort: But my understanding, the Communication Department's going to be working with you to make sure we send a message how important it is to recycle, and how it benefit them personally, the individual personally. Mr. Nunez: That's correct. Commissioner Gort: Okay. City of "Miami Page 51 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Nunez: And we're really committed to promote recycling; not to say that we have not been doing this, because we already divert 11,000 tons per year of recyclables, mostly, coming from residential homes. This is an effort to expand that and allow the tourists, or people who visit the City of Miami, to also participate and divert a portion of the litter that we collect on a nightly basis 363 nights, actually, a week; a portion of that needs to be recyclable, so we can actually send the right message to those who visit the City of Miami. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I move it. Commissioner Gort: Second. Commissioner Suarez: Second. Mr. Nunez: Thank you. Chair Hardemon: It's been properly moved and seconded. Any, further discussion? Vice Chair Russell: It's veiy welcomed, veiy overdo; City -managed recycling program in public spaces. Thank you for finding a way to help pay for it, as well. Well done. Congratulations. Mr. Nunez: Thank you. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Mr. Nunez: Thank you. Chair Hardemon: Motion passes. CA.9 RESOLUTION 1501 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE PROVISIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), CONCERNING THE PROHIBITION OF EXCESSIVE NOISE AND MUSIC AND EXTENDING THE HOURS OF ALCOHOL SALES UNTIL 5:00 A.M. PURSUANT TO SECTION 4-3.1(A)(7) OF THE CITY CODE FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT AND THE WYNWOOD CAFE DISTRICT FOR THE WINTER MUSIC CONFERENCE FROM MARCH 21, 2017 THROUGH MARCH 24, 2017. ENACTMENT NUMBER: R-17-0008 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.9, please see "End of Consent Agenda." City of Miami Page 52 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 CA.10 1459 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JEROME ABRAHAM, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $148,099.30, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $147,999.30 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, ALLOCATED FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0009 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.10, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair Hardemon: Commissioners, I was looking at the CA (Consent Agenda) agenda. It appears to be that nothing on the CA agenda seems to be controversial, or even on the PH (Public Hearings) agenda. So I was wondering if you all would move to approve the CA agenda. Commissioner Suarez: I'll move the CA agenda. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Second. Commissioner Suarez: You want to pull something? Chair Hardemon: It's been properly -- Commissioner Carollo: Yeah. I want to pull CA.7 -- Commissioner Suarez: See, that's the thing. I got to go. Commissioner Carollo: -- CA.8. Commissioner Suarez: So. Chair Hardemon: Okay, that's fine. You want to pull CA.8. So the motion and the second will be to approve the CA agenda, minus CA.8. City of Miami Page 53 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: Fine, but I got to run after that; if we could take a vote. Chair Hardemon: All in -- is there any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Todd B. Hannon (City Clerk): Chair -- I'm sorry, Chair. So the motion and the vote was on CA -- again, it was on --? Chair Hardemon: The CA agenda, except for CA.8. Mr. Hannon: Okay. Chair Hardemon: Okay. And I'm trying to just get to things that we don't have any discussion -- we probably won't have much discussion about. City of "Miami Page 54 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1434 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN ADDITIONAL ALLOCATION FROM PRIOR YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, IN THE AMOUNT OF $6,053,307.00, AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE SAID ALLOCATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0010 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For additional minutes referencing Item PH.1, please see "Public Comment Period for Regular Items " Chair Hardemon: The public hearing agenda, also, is there a motion to approve the public hearing agenda, which will be PH.1 through PH.8? Commissioner Gort: Move it. Chair Hardemon: It's been properly moved; seconded by the Chair. Victoria Mendez (City Attorney): Please note, there are a couple of 4/5ths items on -- Commissioner Gort: Right. Chair Hardemon: Any further discussion? Commissioner Carollo: Why don't we just take it up after --? Chair Hardemon: Because we want to get some things done and -- Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. All right. We'll be back at lunch at 2 o'clock --from lunch at 2 o'clock, rather. City of Miami Page 55 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH.2 RESOLUTION 1447 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM JULY 1, 2016 TO NOVEMBER 30, 2016, IN THE AMOUNT OF $510,618.55, TO THE CATEGORIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION FOR THE SPECIFIED AMOUNTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). ENACTMENT NUMBER: R-17-0011 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.2, please see "Public Comment Period for Regular Items." PH.3 RESOLUTION 1436 Department of Community and Economic Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALLOCATE $50,000.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG') PROGRAM INCOME FUNDS TO SOUTH FLORIDA PROGRESS FOUNDATION, INC. FOR THE CONSTRUCTION OF A BUSINESS CENTER AT MIAMI NORTHWESTERN HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION FOR THE SPECIFIC AMOUNT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0012 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.3, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.3, please see "Public Comment Period for Regular Items." City ofPage 56 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH.4 RESOLUTION 1345 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A PUBLIC HEARING, MAKING FINDINGS AND RESCINDING RESOLUTION NO. 89-211, ADOPTED FEBRUARY 23, 1989, THAT PROVIDED FOR THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO SOUTHWEST 33RD AVENUE SOUTH OF ITS INTERSECTION WITH SOUTHWEST 21ST STREET, IN THE CORAL GATE NEIGHBORHOOD, MIAMI, FLORIDA, CONDITIONED UPON ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES THROUGH THE PERMANENT BARRICADE, AND SUBSTITUTING THIS NEW RESOLUTION PROVIDING FOR THE PERMANENT PROHIBITION OF VEHICULAR ACCESS TO SOUTHWEST 33RD AVENUE SOUTH OF ITS INTERSECTION WITH SOUTHWEST 21ST STREET, IN THE CORAL GATE NEIGHBORHOOD, MIAMI, FLORIDA, WITHOUT CONDITIONS AND PURSUANT TO THE TERMS HEREIN, SUBJECT TO THE APPROVAL OF THE MIAMI- DADE COUNTY TRAFFIC DIRECTOR; AUTHORIZING THE CITY MANAGER TO PLACE AND ERECT A WALL ACROSS THE ENTIRE WIDTH OF THE RIGHT-OF-WAY AT THE BARRICADE LOCATION; FURTHER DIRECTING THAT ACCESS FOR PEDESTRIANS SHALL BE PROVIDED AT ALL TIMES THROUGH THE WALL; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR. ENACTMENT NUMBER: R-17-0013 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.4, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.4, please see "Public Comment Period for Regular Items." City of Miami Page 57 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH.5 RESOLUTION 1538 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $135,000.00, TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION FOR THE WHEELS TO WORK PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0014 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.5, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.5, please see "Public Comment Period for Regular Items." City ofPage 58 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH.6 RESOLUTION 1539 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $195,000.00, TO FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. FOR THE FOREIGN LANGUAGE, LEADERSHIP, AND COLLEGE EXPOSURE PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0015 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.6, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.6, please see "Public Comment Period for Regular Items." City of Miami Page 59 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PH.7 RESOLUTION 1540 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $150,000.00, TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION FOR A KITCHEN INCUBATOR; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH. 7, please see Item PH.1. Note for the Record: For additional minutes referencing Item PH.7, please see "Public Comment Period for Regular Items." PH.8 RESOLUTION 1541 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $200,000.00, TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR THE YOUTH EMPLOYMENT PROGRAM. ENACTMENT NUMBER: R-17-0017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing Item PH.8, please see Item PH.1. City ofPage 60 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Note for the Record: For additional minutes referencing Item PH.8, please see "Public Comment Period for Regular Items." END OF PUBLIC HEARINGS City of Miami Page 61 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 1208 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", MORE SPECIFICALLY CREATING A NEW ARTICLE XVI ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13657 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez NAYS: Hardemon Note for the Record: For additional minutes referencing Item SR.1, please see "Public Comment Period for Regular Items." Note for the Record: For additional minutes referencing item SR.1, please see "Public Comments for Planning & Zoning Items." Chair Hardemon: We don't have to -- if I wanted to call SR.1, do you do something special to the agenda? So I can just call SR.1 now? Okay, SR.1. Commissioner Carollo: Yeah. Now it's a companion item. How do we -- Chair Hardemon: Right. Commissioner Suarez: How do you make it coherent --? Barnaby Min (Deputy City Attorney): If you want to do a motion to amend it -- a motion as amended and a second, it would be the same amendments. Commissioner Carollo: I make a motion -- Commissioner Suarez: Second. Commissioner Carollo: -- to amend it as we amended PZ.1. Commissioner Suarez: Second. Commissioner Carollo: Motion to approve -- Chair Hardemon: It's been properly -- Commissioner Carollo: -- with the same amendment as we made on PZ.1. City of "Miami Page 62 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: It's been properly moved and seconded. Any further discussion on the item? Hearing none. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: As amended. Todd B. Hannon (City Clerk): Roll call on item SR.1. Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: Against. Mr. Hannon: The ordinance passes on second reading, 4-1. END OF SECOND READING ORDINANCES City of Miami Page 63 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1557 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, SECTION 10-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDING PERMIT FEE SCHEDULE", BY ESTABLISHING A NEW SECTION 10-4(B)(5) TO WAIVE PERMITTING FEES FOR THE INSTALLATION OF SOLAR PANELS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For additional minutes referencing Item FR.1, please see "Public Comment Period for Regular Items." Chair Hardemon: We're calling the January 12, 2017 City Commission meeting back into order. Our first order of business, SR.1. No. SR.1 has to be read into the record, because it is an ordinance. So, Madam City Attorney, can you at least read the title into the record? Todd B. Hannon (City Clerk): SR.1 is a time certain for 5pm. Chair Hardemon: Oh, SR.1 is a time certain. FR.1; first reading ordinance, FR.1. Ms. Mendez: Okay. Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: The sponsors for this are Commissioner -- Mayor Regalado and Commissioner Russell. Vice Chair Russell: Move it. Chair Hardemon: Been properly moved; seconded by the Vice Chairman -- I mean by the Chairman. Is there any further discussion on this? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Mr. Manages; what is the estimated permitting fee per house that would put on the solar panels; any idea? Daniel J. Alfonso (City Manager): My understanding is 1 and a halfpercentof the construction cost. Now, I'll let -- Is that right? City of "Miami Page 64 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Unidentified Speaker: Yes. Mr. Alfonso: Yes, that is correct. Ms. Mendez: Half of I percent of the -- Mr. Alfonso: Half of 1 percent. Ms. Mendez: Right. Mr. Alfonso: So if you're talking about $30,000, it's $150. Vice Chair Russell: Oh, okay. I understand. Chair Hardemon: Any further discussion? Commissioner Gort: Now -- Chair Hardemon: You're recognized, sir. Commissioner Gort: -- let me ask a question. My understanding -- and the question was brought up -- we do have to inspect it. They have to go through our inspection system, especially the electrical component, as it was established by the - - during the public record, so it's going to cost anywhere from 30,000 to 150. Mr. Alfonso: No, no. Commissioner Gort: It would -- Mr. Alfonso: 1 think -- if I understood the question correctly, was, "What is the value of the permit that we're waiving?" Is that correct, Commissioner? Vice Chair Russell: Yes, sir. Commissioner Gort: Yes. Mr. Alfonso: Okay. So if you have a construction that is $30, 000, the permit would be about $150. Commissioner Gort: Okay. Mr. Alfonso: The cost to us, really, we don't know, because we don't know how many people are going to pull this permit, but we will incur a cost. Our guys are going to go out there, and they're getting paid to make the inspection. But I think this is a policy decision where we encourage people to get these things, so -- Commissioner Gort: Right. Mr. Alfonso: -- we move forward. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Roll call. You have the roll call vote on FR.1. Roll call on item FR.1. City of Miami Page 65 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 3-0. FR.2 ORDINANCE First Reading 1590 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/VALET PARKING," TO ESTABLSIH A CITYWIDE REQUIREMENT PROVIDING FOR NOTICE AND COMMENT ON ANY INSTALLATION OF PARKING METERS WITHIN ONE HUNDRED (100) FEET OF AREAS ZONED T3-R, T3-L AND T3-O, MORE PARTICULARLY BY AMENDING SECTION 35-96 OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: FR.2. The Ordinance was read by title into the public record by the City Attorney. Victoria Mendez (City Attorney): This is sponsored by Commissioner Frank Carollo. Vice Chair Russell: I'll move it for discussion. Chair Hardemon: It's been properly moved. Commissioner Gort: Second for discussion. Chair Hardemon: Seconded. Discussion. Vice Chair Russell: Thank you. Mr. Manager, one of the public comments was a recommendation to increase it to a 500 foot radius. What would that -- and they liken that to changes in Planning & Zoning. How would that affect the legislation in terms of notification and cost? And is that an unreasonable ask? Daniel J. Alfonso (City Manager): No. Francisco Garcia (Director, Planning & Zoning): Thank you, Vice Chairman. Commissioners, Francisco Garcia, Planning & Zoning director. The expansion of the buffer area, so to speak, would have the effect of taking the metered spaces away -- meter spaces or meter -- or parking zones -- away from some of the other corridors that rely on the commercial activity for the City. So it would bring, in a sense, more protection for the areas, in terms of allowing for those areas not to be impinged by parking. However, the reduction in the parking inventory would be significant, and that may result -- our concern has been that may result in impingement of spillover parking into the residential areas nearby. City ofMiami Page 66 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Daniel J. Alfonso (City Manager): Commissioner, let me try, because I think he's talking about -- Chair Hardemon: Basic -- Mr. Alfonso: -- something that's -- Chair Hardemon: -- instead of going further into -- Mr. Alfonso: Here's the question -- Chair Hardemon: -- it, the District 3 Commissioner has asked that we table this discussion, so if you can remove the motion from the floor -- Vice Chair Russell: Right. Mr. Alfonso: Okay. Chair Hardemon: -- we can move on to some other things. Later... Chair Hardemon: FR.2. I believe it's already been read into the record, as well. Commissioner Carollo. Commissioner Carollo: And pretty much, it's just to establish citywide requirement, providing .for notice and comment on any installation of parking meters. 1 know it was mentioned, "paid parking zone." I want to, between first and second reading, make sure that -- Commissioner Suarez: Second. Commissioner Carollo: -- the correct -- I'll make a motion, but I want to make sure that the correct language is "paid parking zone." Well do that between first and second reading. However; I do want to make two amendments. The first one is -- I thank Elvis Cruz, and he is correct; instead of a hundred feet, I want to make it 250 feet. And the second thing is -- once again, Mr. Cruz is correct -- I think that notice should also be sent to the homeowners associations in that area, registered homeowners associations. Commissioner Suarez: I agree. Commissioner Carollo: With that, moved Commissioner Suarez: Second, as amended. Chair Hardemon: It's been properly moved and seconded -- Commissioner Suarez: And modified. Chair Hardemon: -- and amended -- modified, rather. Any further discussion on the item? Commissioner Suarez: Nope. It's an ordinance. Chair Hardemon: Seeing none -- City ofMiami Page 67 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: It's an ordinance. Chair Hardemon: -- it's an ordinance. Ms. Mendez: Its already been read into the record. Todd B. Hannon (City Clerk): My apologies. Commissioner Carollo: Roll call vote. Mr. Hannon: Roll call on item FR.2. Commissioner Gort? Commissioner Gort: First reading, yes. I got a lot of questions. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, as amended, 5-0. Commissioner Carollo: Thank vou. Chair Hardemon: Thank you very much. City of "Miami Page 68 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 FR.3 ORDINANCE First Reading 1555 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES" TO ADD SECTION 54-43 TO THE LISTING OF CITY CODE SECTIONS SUBJECT TO CODE ENFORCEMENT PROCEDURES INCLUDED IN SECTION 2-829 OF THE CITY CODE, ENTITLED "SCHEDULE OF CIVIL PENALTIES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.3 was deferred to the February 23, 2017 Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing Item FR.3, please see "Order of the Day." FR.4 ORDINANCE First Reading 1399 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION", TO CLARIFY PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.4 was continued to the February 9, 2017 Regular Commission Meeting. Note for the Record: For minutes referencing Item FR.4, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 69 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 1397 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ISSUANCE OF THE REQUEST FOR PROPOSALS ("RFP") FOR THE LEASE AND DEVELOPMENT OF CITY -OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE USES LOCATED IN VIRGINIA KEY ("VIRGINIA KEY MARINA"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE THE VIRGINIA KEY MARINA RFP, IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.1 was continued to the February 9, 2017 Regular Commission Meeting. Note for the Record: For additional minutes referencing Item RE.1, please see "Public Comment Period for Regular Items." Chair Hardemon: The next item that we have on the agenda is RE.1. Daniel Rotenberg (Director): Good afternoon, Commissioners. RE.1. Daniel Rotenberg, Department of Real Estate & Asset Management. Resolution approving the issuance of the RFP (Request for Proposals) for the lease and development of the City -owned waterfront property, located in Virginia Key. Chair Hardemon: Are there any questions that we have for DREAM (Department of Real Estate Asset Management)? Vice Chair Russell: Yes, Mr. Chairman. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Mr. Rotenberg and Mr. Manager, for bringing this back; and for the outreach that you've been doing with the Virginia Key Advisory Board and the community. This has generated a lot of feedback, which is exactly what we wanted in this case. It is my goal to get this RFP onto the November ballot. I do hope that we do that, but I do not want to do it at the expense of doing it correctly; and "correctly, " of course, is in the eye of the beholder. I still feel that the financial pressure that we're putting -- the requirements we're putting on the bidders without parameters are basically potentially forcing them to create a marina that is not necessarily what the community intends for. If we're requiring them holding to certain financial obligations and not putting in, for example, the type of retail or restaurants that we want there, we may be looking at all restaurants that are far out City of "Miami Page 70 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 of the reach of the casual diner that we may want to incentivize to come there, but that's not in the RFP. It's just -- a simple example of where I'm hoping we get a little more specific with what we want to see there, again, in terms of setbacks and scale; zoning issues that have not yet been decided, we're leaving up to the bidders to put forth their -- you know, what they consider their best -case scenario to wow the judges, without giving them limitation of the maximums we would want to see in place. There's a couple of potential fixes for that. One, the long way: We change all the zoning first, and then we put it out to bid. There may be alternatives in which we can actually put into the RFP: "Notwithstanding the existing zoning we have in place, these are the limitations we're looking for in terms of setback, height" -- I know height's already in there, but any of the other zoning limitations. I think we should give them those limits so that when we get the responses, we're comparing apples to apples, and they all know kind of what we expect, so someone's not shooting for the stars, and then, you know, later what -- the real product might be different. I still think we have some issues with the scoring system. I'd like us to potentially mirror some best practices that are out there in terms of throwing out the high and low scores. I think, perhaps, our current scoring method that we're coming up with might be a little complicated, but I'd like to discuss that with you, to look it over. What else have I got here? Evaluation criteria. I'd like to see a evaluation criteria added to the scoring that has to do with how well they adhered to the Master Plan, because even though the Master Plan is attached as an addendum, we're not necessarily holding them to it; and, you know, it's not a perfect document, and the specifics in there aren't exactly what we want necessarily; it's a guiding document, so by telling them that they're going to be judged based on how well they adhere to the Master Plan, that may incentivize them to stick close to that, and allow us to choose the one that is mirroring our original intent of the Master Plan .for Virginia Key. What else have I got here? The committee makeup. I don't think we have a criteria in this case of how many selection committee members there'll be, but I'd like to see it grow a little, and perhaps become a little more diverse. Oral presentations from proposers. I believe that was originally required in the last RFP, but 1 don't believe it is in this. I don't know if there was a reason for that, but it seems that we probably should want that, shouldn't we? 1 mean, that's logical, right? And then, again, back to the money. The rent that we're asking for is about the same as what we were asking for in the last proposal; yet, we're eliminating the ability to expand into the historic basin, so we know we're already cutting off their ability to generate that rent. Have we really done a calculation that they'll be able to reach that rent reasonably, without creating a retail and beverage, you know, extravaganza there that's far larger than what we intend? I understand we're leaving the option to expand west of the marina for further wet slips, but that that's completely up to whether permitting allows it or not, but that's not within their bid, necessarily; the rent is the same, either way, so we're leaving it really -- we're leaving the risk on them, and it just seems a little — it seems a little open ended. I know there was -- you know; I do appreciate that you have taken many considerations in that the Virginia Key Advisory Board did bring forward. I believe one of those was that we include mangrove plantings in the landscaping, or ask for that to be placed into the RFP, if that's appropriate. Have we done any mitigation for the mangroves that were removed improperly before? Mr. Alfonso: We're still working with DERM (Department of Environmental Resource Management) on that, sir. Vice Chair Russell: Sea level rise consideration. There was a lot of talk about how long the lease is and where the water will be by that time. Is there any requirement within the RFP that the bidders take into account sea level rise into their design and construction? There is. Okay. Mr. Rotenberg: Yeah, we just put -- we put it in -- you're going through a long list, and if -- just let me comment on some of them. This is an unusual process that we're City of Miami Page 7l Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 going through right now. We brought the RFP to Commission before it even goes out. So as this is being prepared, this is fluid. We've had the input of the Sea Level Rise Committee. We're still waiting for comments from then. We've had the input of the Virginia Key Advisory Board. We've had the input of the Waterfront Advisory Board. We've had a lot of public comments. And a very, large portion of what was sent in to us has been incorporated in, including some of the comments you made. What I'm a little fearful of is, as we get more and more granular going forward at this point -- remember, we're ttying to go out to the private community to bid. So while we're trying to do apples to apples, I -- if we go down to the level that we're starting to compare Granny Smith to Granny Smith, we may push away some of the bidders. The rent increase here was $250,000. The percentage rents pretty much stay the same, but don't forget; this was based on appraisals that we had the last time, which was over -- at this point, that's probably close to eight or nine months ago. And now we have more value to the area, because we have the boat show, and we have that whole area starting redevelopment, but there is a noticeable change, and $250, 000 in the base rent I don't think is going to make a huge difference. But again, we're at the process right now where we can change a lot of what was just commented on today, tomorrow, as this goes out. So some of the comments that you made -- the makeup of the board, we're going to have more people on there. Instead of five, I think we're going to put seven on at this point. The point system, we are going to go ahead and spend more time; instead of delineating 30, 30, 30, and 10, we have a very, large checklist. It's going to cause the Selection Committee to spend a lot more time and he a lot more diligent in what they're doing. We may break it down to five point to 10- point increments. So a lot of what you're saying right now is being incorporated already; it has been incorporated in. Vice Chair Russell: Could you explain the scoring issue about the low and high scores that 1 brought up? Is that being addressed? Mr. Rotenberg: That's being addressed, also. We -- last time we had an outlier. Statistically, when that goes on, in most cases, the outlier's thrown out, and the bids that are closest together get kept. We have language in the RFP this time that, if there is an outlier, that will be pushed aside; it'll be discounted, meaning not counted, and the remaining bids will be counted instead of. That's why we're going to have more people on the Selection Committee. Vice Chair Russell: IfI -- oh, I guess I'm the Chair right now. I didn't realize that. If -- but an outlier could be misread, perhaps. Like, for example, each person might be in their mind -- and I notice in the scoring of the last time, people weren't acting on the same scale, but they were showing the same intention by giving, more or less, somewhere -- you know, really diverging their scores to make their point. Is an outlier method different than a high- and low -score method of throwing out? Is that better? Mr. Rotenberg: The outlier in the specific case that we have, and as we are defining in the RFP going forward, will be a percentage difference within the scoring. In other words, the person who was an outlier last time gave a 100 percent rating to one group, and the next closest scorer was in the low 90s, and then after that was in the 70s and 80s. Within a certain percentage, we'll keep. If somebody is 25 to 50 percent off in scoring, that is going to be an outlier that will be defined. Vice Chair Russell: So you'll take -- like if there's a cluster of scores that are kind of similar, and take an average of them and the percentage difference from them, or just the percentage from the furthest one? Mr. Rotenberg: No. We're going to have a graph, and if somebody, is off the graph within a certain box -- City of Miami Page 72 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Vice Chair Russell: Uh-huh. Mr. Rotenberg: -- that's an outlier; the same thing that's done within any kind of an empirical evidence, within any kind of study or comparative study. Vice Chair Russell: How does the County do it, for example? Don't they just do high and low out, like rush and judge kind of thing? Mr. Rotenberg: I -- they don't do it that way. Commissioner Suarez: Mr. Chair? Mr. Chair? Mr. Chair? Vice Chair Russell: I'm sorry. Yes. Commissioner Suarez: Just chime in on that? Vice Chair Russell: Didn't recognize you. Commissioner Suarez: Usually, an outlier is something that's more than three standard deviations away from the norm. It's a statistical -- usually, it's a statistical formula, so I don't know if that's what you mean by an outlier. Usually, that means that -- I think if it's three standard deviations, the chances that that could have happened under normal circumstances are like less than 1 percent, something like that. Mr. Alfonso: The County does not throw out scores, Commissioner. Vice Chair Russell: They don't throw out any high or low or anything. 1 was misinformed, then. 1 -- you know, whether it's done on standard deviation of outlier, or high and low, as long as this Commission's in agreement and it's in a simple and transparent way. The goal is obviously that if someone's scores are really swaying the outcome in a way that don't seem correct or fair or in line with the others that that's taken into account. So I'll look at the formula again. Again, 1 am not truing to delay for the sake of delay. I'm trying to simply get it right, because I think the brakes we put on last year have to be justified with a better process this time that is respected by the public when we come back, because obviously, there's always going to be winners and losers in a bidding process. We want to make sure that the public considers -- the public is the winner in this case. Are there any other issues -- Commissioner Gort: Mr. Chairman. Vice Chair Russell: -- that I brought up that you would want to address? Commissioner Gort: Any of those issues? You addressed them all? Mr. Rotenberg: I'm sorry? Commissioner Gort: All of his issues have been addressed? Mr. Rotenberg: Yes. Commissioner Gort: Okay. My question is, what do you believe will be the investment that a developer will have to put, total investment? How much you think will be? City of "Miami Page 73 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Rotenberg: Just based on what happened last time, which is the only gauge I have right now, we're going to be somewhere in the $80 million range. Commissioner Gort: $80 million. Mr. Rotenberg: 80 million. Commissioner Gort: Okay. That's not that bad, because they can get the return on investment pretty soon, within 50 years. Mr. Rotenberg: Depends what each -- yes. Commissioner Gort: Depends. Mr. Rotenberg: Yes. Commissioner Gort: We discussed quite a bit 15 years to 75 years. Is there anything in the RFP where it stated that you can only get the 25 year if you comply with certain regulations and -- Mr. Rotenberg: We don't -- Commissioner Gort: -- if you have kept up with your original RFP? Mr. Rotenberg: We're starting with a 25 year lease, and building up with extensions to 75. We don't have a minimum in there right now, hut for the investment of $80 million, 1 don't think it's realistic that somebody's going to walk away after they've built this within a few years. What we do have is that we do have a capital requirement; every 10 to 15 years -- and I don't remember if it's 10. 1 think we start at 10 -- where they have to build up a capital account to put actual money back into the project and it's substantial. It's not 50, a hundred; it's -- I think it's, right now, maybe one year's worth of full rent, and maybe more; I'll have to go back and see where we are, but it's going to be a seven -figure investment hack into the property every 10 to 15 years. Commissioner Gort: The question that I have is -- we got to remember, we have to support this marine stadium. We're going to need income, because we're going to do a bond issue that needs to be paid by the revenue produced in the area, because I will hate to see all our residents be paying for a bond issue. Vice Chair Russell: Have you examined the rents of existing -- while this process is going on, the pressure to generate income to then service the debt, have we examined the rents that are being collected on the island currently, and do any of them merit an increase that could help us create a delta in the meantime to already start looking at that? I -- you know, I don't want simply the financial pressure and the timeline of November to just -- you know, we got to get this right, so, I mean, that -- have you considered that, at all? Have you analyzed the rents of other assets on the island? Mr. Rotenberg: Yeah. We've run pro jormas on the assets that we have on the island. There is a very wide gap between what we have corning in right now and the gap that would be there if we would start to do the renovations on the marine facility -- on the stadium., which is what we're intending to do. Mr. Alfonso: Mr. Chairman, I'm sorry. Dan, hold on a second. Commissioner, are you talking about the existing people that are there paying rent right now, changing their rent? Is that what you're --? Okay. So, Dan, the existing people that are paying rent are under existing contracts. City of "Miami Page 74 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Rotenberg: Right, where we have (UNINTELLIGIBLE). Mr. Alfonso: So how much flexibility do we have to raise the rents? And mind also, Commissioner, that some of the people on the island don't pay rent, like the -- I don't think the Rowing Club pays much in the way of rent. Well, not any significant amount. Vice Chair Russell: The big generators are the marina itself the Rusty Pelican. Mr. Alfonso: Absolutely. And the Rusty Pelican has an existing agreement that I don't think we can change at this time, so it's really the existing marinas are really the biggest opportunities for redevelopment and increasing the revenue. Vice Chair Russell: Have you gone back to the existing tenant to discuss their rent? Mr. Alfonso: We've talked about that, yes. Mr. Rotenberg: We have talked, but again, the gap between what we have there right now, based on the instruments in place and what we're going to be doing there, is very, far apart. Vice Chair Russell: I -- please open that discussion with them, because I have a feeling there may be some open discussion to he had, hut that would at least create -- that would at least generate something, but my goal, like I said, I want to get us to November. 1 don't think one more month on this would hurt, with as much input as I've been getting, even into this morning, with regard to this. We will not be hostage to any one opinion. 1 know that many opinions are environmental to the point that we shouldn't do anything there, at all, so we're being reasonable. We're listening to the stakeholders. I just don't want to move at a pace that betrays their input, and I feel there are some things -- even -- I mean, the zoning, you didn't address that I brought up with regard to any changes -- any potential changes in zoning. Mr. Rotenberg: The guidelines that are there right now are the same that was in the last RFP, but they -- we are setting the point system to mirror what the Master Plan is. There are set limits within the Code and within Planning & Zoning. We have inside of the RFP no hotels; the mirror of what the planning and zoning is right now They would be nonresponsive if they would come back outside of what we have, so I think those issues are nonissues. The amount of work and the verbiage that's already within the RFP covers all of that. Mr. Alfonso: Mr. Chairman, if I may, one more thing. And I want to point out that once we put this out, it doesn't mean that no more changes can be made. The last time we put this out, I think there were like 30 changes that were made while it was open, before we closed it. I'm not sure that if we added a month, we can or can't, but let me put it, again, in perspective, the timeline. If we finalize the changes that have been recommended by everyone and get out the 20th -- is that the intent, to get out on the 20th? -- we have a 90-day period where it has to be open,, so February, March, April. By the end of April, the bids would come in. Then we -- by then, hopefully, we'll have selected the committee that's going to review, but it's a 30- to 45-day period JOT. those people to review, depending on how many bids come in -- Pm assuming the same three, perhaps -- to review and score and make a recommendation, and get best and final offers, and then come to this Commission sometime in the June time frame, hoping to negotiate a contract with these people. We also have to have that time. Whoever the top awardee is, we have to negotiate the agreement, the lease, all the details that will be therein; come up with the language that will be placed on the ballot, and have that for this Commission to approve no later than the second meeting City of Miami Page 75 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 in July; otherwise, we missed the November- ballot language. I would ask that the Commission consider moving the item, we continue to look at it. If there's small things that we missed that would be an improvement, we're more than happy to come with those changes, and change them during the opening period. I don't think that none of the things that have been discussed will have a significant impact that it would require an extension of the 90-day period, but that's our recommendation. Vice Chair Russell: I know you -- I know it's tight. Mr. Chairman, I'm sorry. Chair Hardemon: No, no. Please. Vice Chair Russell: I know it's tight, but I want to see if we bring this back the first meeting in February to pass it with more consideration of the changes that were mentioned, as well as the other input that we're getting. from the community -- This is what we were able to compile over this last two days just, from all the input we've been getting, which makes me just feel like there is a good collaborative process going on; not an obstructive process. I just feel like we're pulling the trigger a little quick on it. Now, it doesn't seem like that to the Administration. I know we're on a tight schedule, but I would be inclined to defer this to the, first meeting in February, and continue to work hard to get it right. Mr. Alfonso: Commissioners, if it's the will of the Commission to move it another month, we'll move it, but I cannot guarantee that we'll be finishing on time. Chair Hardemon: Is there any further discussion? Commissioner Carollo: Is that a motion? Chair Hardemon: There is no motion just yet. Commissioner Carollo: That's what I'm -- that's why I'm asking, is it a motion? Vice Chair Russell: Then I'll move to defer it to the first meeting in February. Commissioner Carollo: Second. Commissioner Suarez: Discussion. Chair Hardemon: Been properly moved and seconded. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chair. I definitely sort of reincorporate by reference Vice Chairman Russell's concerns that he articulated. I have -- hadn't had a chance to meet with the Administration, so I apologize for that. I know that -- you know; I was out of town this week. There is a couple of issues that I have as well, and I'm working off two different copies. I'd like to talk to you in this time that we have on -- it's two different -- it's on two different pages, because I'm looking at two different drafts. It's item "G, " which is responsive and responsible proposers. If you could just get with me on that, I want to discuss some issues that came up in the last RFP. By the way, I'm, of the opinion that we either take our hits upfront or we take them on the back end, and I said that before, and obviously, you know, we have -- there are some things that I think we haven't yet seen, if I'm not mistaken. I was asking for -- and I'm not sure that this document has been prepared yet, which is Exhibit "C." Is that document finalized? Last I heard, as of 12 — today, it has not. We don't have Exhibit "C." Can somebody confirm that? Mr. Rotenberg: The lease? City of Miami Page 76 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: Yeah, the lease and the development agreement. Mr. Rotenberg: At this point, when we bring it to RFP, we just have a boiler plate. We would have to negotiate that. Commissioner Suarez: No. I mean, obviously -- Mr. Rotenberg: That would be part of the lease. Commissioner Suarez: -- it's going to be negotiated, but it's an exhibit on -- so I'm assuming you're going to have a proposed lease and a proposed development agreement that's attached as an exhibit, correct? Commissioner Gort: There is. There is. Jacqueline Lorenzo (Property Management Specialist/Department of Real Estate & Asset Management): There's a draft that is -- you know, we need to finalize it. It'll depend on whatever's in the RFP. Whatever ultimately we include, that's going to have to be incorporated into the lease, because it has to comply with the RFP, ultimately. So -- Commissioner Suarez: But it's not available at this particular moment? Because we've been trying to find it. Ms. Lorenzo: It's not ready, no. Commissioner Suarez: It's not ready. Okay. Ms. Lorenzo: It still needs all those changes. Commissioner Suarez: Okay. Ms. Lorenzo: Whatever changes we -- Commissioner Suarez: I'd like to see that, obviously, because the proposed lease and the proposed development agreement is what we're going to enter into -- Ms. Lorenzo: Correct. Commissioner Suarez: -- and obviously, subject to negotiation, of course, on -- Ms. Lorenzo: And -- I'm sorry. Chair Hardemon: Ma'am, can you state your name for the record, as well. Ms. Lorenzo: My apologies. Jacqueline Lorenzo, for the Department of Real Estate & Asset Management. The lease will be -- I mean, obviously, it's going to come back here, so you guys will be able to, you know parse through it and give your comments on the lease, but as of now, we don't have a complete copy to be able to give you guys the draft. Commissioner Suarez: Yeah. I just want to see it in advance, because it's part of the bidding package, and so I -- you know, I'd like to have a full bidding package, to see what it is that we are approving, and I think that's important; at least it is to me, because it's a long obligation. Provision number "M" -- and I'm working off of two different copies, so please be patient with me. I think it's indemnification, which is City of Miami Page 77 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 provision "M." It's on page 12 of the two copies that I have. My question to you is, does this indemnify the City against lawsuits -- and I guess this is a legal question -- between the bidders and against the City? In other words, are we completely indemnified in all circumstances where the bidders might sue us? Do we have full indemnification? Ms. Mendez: Do you mean after --? Commissioner Suarez: Correct. Ms. Mendez: When they --? Commissioner Suarez: At any point; before, during, or after. Ms. Mendez: As in when we send out the package, if you bid, you waive any opportunity to sue the City? Right when --? Commissioner Suarez: I'll give you an example. In the last one, if we would have awarded, there may have been a lawsuit in suing after the RFP, so -- Commissioner Gort: That's going to happen all the time. Ms. Mendez: Right. But that's based on case law. Commissioner Suarez: Right. But my question isn't whether that's going to happen or not. My question is, are we indemnified? Ms. Mendez: We can place any provisions to that effect, but based on the question -- Commissioner Suarez: We have a provision on indemnification. I'm asking you if that provision on indemnification covers that situation or not. Ms. Mendez: I don't think so; not at this time. Commissioner Suarez: Okay, thank you. Ms. Mendez: So we have to -- Commissioner Suarez: So that's something that I'd like to discuss with you. Item "Q,'' which is on page -- it's on page 14. Item "Q" has -- I'm sorry. It may not be item "Q." It may be "O. " Hold on. Let me just double check here. Yeah, "O. " I'm sorry. "O, " on page 13. Vice Chair Russell: Auditor General. Commissioner Suarez: "0," on page 13 says, "Facilitate the review or audit by the County." I'm assuming you meant to put the "City" there. This obviously was a County document before. And this is one of the ones that you missed in changing it from a "County" document to a "City" document? Mr. Rotenberg: It's a -- we've changed it already. Vice Chair Russell: Mine says "County." Commissioner Suarez: That -- mine says "County." Vice Chair Russell: Mine says "County." City of Miami Page 78 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: Yeah. Mr. Rotenberg: I understand. We have -- we're still working on this, as we usually do -- Commissioner Suarez: I got it. Mr. Rotenberg: -- when we go through (UNINTELLIGIBLE) process right now. Commissioner Suarez: I'm just pointing it out so that we save time. Mr. Rotenberg: You know, even the indemnification, it's something that we -- Commissioner Suarez: I got you. I just want to save time. It's just a typo. On "A, IA, on the economic objectives -- this goes to Commissioner Russell's point, and it's something that has to be discussed. "Utilize the available property to maximize its economic potential." Okay? "Maximize its economic potential." So you -- in the RFP, the way that I have read it, there's the possibility of proposers bidding on anything in terms of zoning. They can come up with an SAP (special area plan) -- Mr. Rotenberg: I mean, we have language as -- again, as we're going through this, subject to the restrictions set forth in this RFP. Mr. Alfonso: But it's not anything, Commissioner. There are restrictions. Like, you can't come back with a hotel. Commissioner Suarez: Well, 1 mean, I'm pretty sure that you can make a bid that changes the zoning, right? Mr. Alfonso: Yes. Commissioner Suarez: What you're saying is that the limitation, let's say, on size of the crown, or something like that? Mr. Alfonso: No. Commissioner Suarez: Go ahead. Mr. Rotenberg: We do have that actual -- we have that restriction within the RFP that it can't go above -- Commissioner Suarez: Right. Mr. Rotenberg: -- including sight views. And again, as we go forward, we can change all this. Commissioner Suarez: I would just look at that -- in your discussions with the Vice Chair and in your discussions with me, I would look at that, utilizing the available property, to maximize economic potential. I don't want to send mixed signals. You know what I mean? We've obviously changed the minimum rent. As the Vice Chair said, we've upped it a little bit, and I think we have the limitation on the crown, the size, obviously. Mr. Rotenberg: We do. City of Miami Page 79 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: But I just don't want to send mixed signals. And I see Francisco wanting to jump in there, so go ahead. Yeah, yeah, go ahead. Francisco Garcia: Only -- thank you. Again, Francisco Garcia, Planning & Zoning director. Only very briefly to give assurances that the intent is, by no means, to change the existing zoning designation. That's not an option. And that -- Commissioner Suarez: Not an option? Mr. Garcia: That is not an option. Mr. Alfonso: No. Mr. Garcia: Changing the existing zoning designation is not an option. I will remind everyone that the existing zoning designation does not allow. for hotels, so lodging is not contemplated as an accessory use, either. Mr. Alfonso: And that's also in the Master Plan, Commissioner. The Master Plan does not allow for hotels, and so this has to be in compliance with the Master Plan. Commissioner Suarez: But -- Mr. Garcia: And last but not least, we anticipate and expect full compliance with the Master Plan, as stated by the Manager, of course. Commissioner Suarez: 1 thought 1 read somewhere -- and maybe it's -- because, again, I'm trying to work off of two drafts. 1 got this second draft a little later, and there was a substitution. Mr. Garcia: What is anticipated, to some extent, is that to the extent that a well - designed project may need, let's say, for instance, a waiver, a warrant -- Commissioner Suarez: Right. Mr. Garcia: -- a slight relaxation of the existing zoning parameters, that is feasible through the same process, the same public hearing process, et cetera, anyone else would go through. Commissioner Suarez: Isn't there language on an SAP, though, on proposing an SAP? Mr. Garcia: However -- short of changing the zoning -- Commissioner Suarez: Okay. Mr. Garcia: -- which is not something we're contemplating. Commissioner Suarez: You can propose an SAP within -- you're saying, proposing an SAP within the current zoning -- within --? Mr. Garcia: It would have to remain zoned as it is presently, yes. Commissioner Suarez: Okay. Okay. Mr. Rotenberg: And again, please remember, in this process -- this is very early, on, so you will have everything to review before it moves forward. Commission gets to City of Miami Page 80 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 review it before it gets voted, lease gets reviewed, referendum. There are a whole lot of processes before anything moves. Commissioner Suarez: My next question is -- okay -- on page 18, Section 6, that talks about the term. I just want to make sure that the City Attorney has reviewed that section for compliance with the newly passed Charter provision. Ms. Mendez: On the terms? Commissioner Suarez: Yeah, on page 18. development. The phase, the -- It's phase -to -phase Ms. Mendez: We'll get right back to you on that, Commissioner. Commissioner Suarez: I have some questions on the additional rent, which is on the bottom of page 18, on -- which I'll just talk to you guys about it in the interim, and it's -- I'm trying to follow it here. It's actually on page 21, on the last paragraph, so just remind me; I have some questions on that. And I think on number 9, which is number 10 in this version, the second paragraph -- Commissioner Gort: Which page you're on now? Commissioner Suarez: Referendum requirement -- no, I'm sorry. Maybe this was eliminated; on the parking garage. I'm sorry, because this is -- these are two different drafts. 1 guess it's number 11, Department of Off -Street Parking. I'm a little bit confused on the second paragraph in the parking garage. I just need some clarification on that. In the next page, I need some clarification on the parking contribution to be paid when that check is tendered. When is that check supposed to be tendered? On option 3, I presume that that option is available to the public, and I'm not sure this it's clear that that -- Mr. Rotenberg: If you go to page 39 -- Commissioner Suarez: Yeah. Mr. Rotenberg: -- you'll have proposal attachments -- Commissioner Suarez: That tells you when it's tendered? Mr. Rotenberg: Yes, yes. Referendum deposit, earnest money deposit; parking garage contribution, as may be applicable, due upon lease; execution, that's $3.45 million. A lot of this is already in there. Commissioner Suarez: Is that -- was this part of the substitution? Mr. Rotenberg: This was the one that was given out on Tuesday. Commissioner Suarez: Okay. The substitution? Mr. Rotenberg: Correct. Commissioner Suarez: Yeah. I have some other questions. I mean, if we're going to defer it, we can ask -- I don't have to waste you guys' time. I have a variety of other questions. Chair Hardemon: Is there any further discussion on the deferral? Seeing none, all in favor of the motion to defer, say "aye." City of Miami Page 81 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 RE.2 1330 Department of Police The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. So that is RE.1. That is deferred to the first meeting in February; is that correct? Vice Chair Russell: Yes, please. Todd B. Hannon (City Clerk): February 9, sir. Chair Hardemon: Ms. Gilbert. Is Ms. Gilbert --? You're here this time. We saw you walk by, and then we tried to find you -- Jean Gilbert: I know. Chair Hardemon: -- you cost yourself -- Ms. Gilbert: I was going to get my -- Chair Hardemon: -- an hour. Ms. Gilbert: -- PowerPoint set up. That's why. Chair Hardemon: Yeah. Ms. Gilbert: So 1 apologize. Chair Hardemon: No, no problem. Ms. Gilbert: So -- RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; RETROACTIVELY APPROVING THE SELECTION OF GRUPO INPOWER, LLC FOR THE INSTALLATION AND REPLACEMENT OF THE UNINTERRUPTED POWER SUPPLY SYSTEM FOR AN AMOUNT NOT TO EXCEED $43,720.00. ENACTMENT NUMBER: R-17-0026 City of Miami Page 82 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo Chair Hardemon: Lets see. Commissioner Gort had asked me not to address CA.8. Well, he wanted to pull it. He's not here right now, so I'm going to try to skip that one. SR.1 is a time certain, so we have to skip that one. We have -- Commissioner Suarez: FR.2 is his item? Chair Hardemon: -- oh. R -- We have RE. 1. Commissioner Suarez: You want to wait until he's here? Chair Hardemon: Or we can wait until the entire board is here. Commissioner Suarez: 171 move RE.2 -- how about that? -- which is 4/5ths. Chair Hardemon: Okay, good. It's been properly moved. Is there a second? Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Is there any further discussion on RE.2? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Mr. Chair, yeah, "aye." Chair Hardemon: Motion passes. City of Miami Page 83 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 RE.3 RESOLUTION 1481 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED FEBRUARY 17, 2016, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 14-15-018, FROM R.J. HEISENBOTTLE ARCHITECTS, P.A., TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES, ON A PHASED BASIS, FOR THE RESTORATION OF THE MIAMI MARINE STADIUM, PROJECT B-30688, FOR THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT B-30688, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND EXECUTE ANY SUBSEQUENT PROJECT PHASES, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY MANAGER AND TO THE CITY ATTORNEY AS TO LEGAL FORM, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: We do have resolutions that are here. There are a number of them that doesn't -- don't seem too controversial. And so, what the Chair would like to recommend is -- or what the Chair would ask for is a motion to approve the RE (Resolution) agenda, and without RE.1 and RE.9. Vice Chair Russell: Just a moment. Let me just make sure. RE.2 is a 4/5ths. Chair Hardemon: Oh, RE.2 is a 4/5ths, so without RE.1, 2, or 9; good call. Commissioner Gort: You're talking about RE.3, 4, 5, 6, 7, 8, 9 and 10? Chair Hardemon: It would be RE.3, 4, 5, 6, 7, 8 and 10. RE.9, Commissioner Suarez really likes -- really would like to speak about that. Vice Chair Russell: I'd like to discuss RE.7. Chair Hardemon: Yeah, no problem. I mean, we'll still have discussion. Vice Chair Russell: Okay. Chair Hardemon: So is there a motion to approve RE.3, 4, S, 6, 7, 8, and 10? Commissioner Gort: I have a question on 4 and 5. City of Miami Page 84 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Sure. We're going to -- we can still have questions. Commissioner Gort: Okay. Vice Chair Russell: Sure, move it. Chair Hardemon: Been properly moved and -- Commissioner Gort: Second. Chair Hardemon: -- seconded. Later... Chair Hardemon: Seeing any further discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Gort: We been talking about this bay walk. for the last 30 years. Vice Chair Russell: Make it happen. Chair Hardemon: Yeah. RE.4 RESOLUTION 1493 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AND OTHER RELATED DOCUMENTS, INCLUDING BUT NOT LIMITED TO ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, TO REQUEST FOR QUALIFICATIONS CONTRACT NO. 521381 FOR THE MUNICIPAL BOND UNDERWRITING SERVICES POOL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSES. ENACTMENT NUMBER: R-17-0019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For additional minutes referencing Itein RE.4, please see Item RE.3. City of 'Miami Page 85 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: You're recognized, Commissioner Gort. Commissioner Gort: Manny [sic I, I know you put a pool of the underwriters already been selected, but they were not showing in here. Daniel 1 Alfonso (City Manager): Okay. We can update the pool of underwriters. The issue that we had with this that we needed to amend it, because a lot of our underwriters withdrew -- Commissioner Gort: Oh, okay. Mr. Alfonso: -- from the pool, because of the -- Commissioner Gort: It's too many. Mr. Alfonso: -- requirements that we had for -- Commissioner Gort: Too many. We don't do that many bonds. Now, let me ask you a question. How are you going to select the lead underwriter, the senior manager and co -manager? You guys going to make the selection and --? Mr. Alfonso: Well, once we establish a pool -- go ahead. Jose Fernandez (Director): Good afternoon, Commissioners. Jose Fernandez, with the Department of Finance. The way it's currently done and the way we've done it for the refinance of the streets and sidewalk bonds is, we took it to Finance Committee -- Commissioner Gort: Right. Mr. Fernandez: -- and we made the selection of the senior manager and the two "co's. " Commissioner Gort: Okay. So you selected a senior manager. And how many are going to compose the -- Mr. Fernandez: Right now, it's going to be the selection that we made for the -- Commissioner Gort: Three underwriters then? Mr. Fernandez: Three underwriters. It's going to be -- Commissioner Gort: Because this is an $18 million they raised for -- transaction for that. Mr. Fernandez: Right. It's going to be -- Commissioner Gort: Okay. Mr. Fernandez: -- Steeple as the senior, and then PNC and Estrada as the "co's." Commissioner Gort: Okay. How many are left from the whole pool? Mr. Fernandez: I think there's' nine in the pool. Commissioner Gort: Okay. Thank you. City of Miami Page 86 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 RE.5 1442 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND/OR TAXABLE SPECIAL PURPOSE IMPROVEMENT BONDS IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF EIGHTEEN MILLION DOLLARS ($18,000,000.00) (COLLECTIVELY, "SPECIAL PURPOSE IMPROVEMENT BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL PURPOSE IMPROVEMENT BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN ELIGIBLE EXPENSES INCURRED WITH RESPECT TO THOSE CERTAIN PUBLIC GOVERNMENTAL CAPITAL IMPROVEMENTS PORTIONS OF THE MIAMI CENTRAL STATION PROJECT PURSUANT TO THE INTERLOCAL AGENCY AGREEMENT, DATED NOVEMBER 8, 2016, BY AND AMONG THE CITY, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, AND SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. ENACTMENT NUMBER: R-17-0020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing Item RE.S, please see Item RE.3. City of Miami Page 87 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 RE.6 1558 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE CITY MANAGER'S ACCEPTANCE OF A DONATION OF THREE HUNDRED (300) $100.00 AMERICAN EXPRESS GIFT CARDS WITH A TOTAL VALUE OF $30,000.00, FROM THE CITY OF CORAL GABLES, FLORIDA TO THE CITY OF MIAMI, THROUGH THE MIAMI POLICE DEPARTMENT, TO BE PROVIDED TO NEEDY AND DESERVING INDIVIDUALS IN THE CITY OF MIAMI DURING THE 2016 HOLIDAY SEASON. ENACTMENT NUMBER: R-17-0021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing Item RE.6, please see Item RE.3. RE.7 RESOLUTION 1009 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AN EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM THE FIRST PRESBYTERIAN CHURCH OF MIAMI, FLORIDA, FOR BAYWALK PURPOSES OVER AND UPON A PORTION OF THE PROPERTY LOCATED AT 609 BRICKELL AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD SAID EASEMENT ON BEHALF OF THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, IN CONJUNCTION WITH THE SIMULTANEOUS RECORDATION OF A DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM. ENACTMENT NUMBER: R-17-0022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Direction by Vice Chair Russell to the City Manager to analyze properties that impinge the Riverwalk and Baywalk and determine the potential total cost that the City may incur to upfront Baywalk and Riverwalk developments; further suggesting to use research completed by the Downtown Development Authority if necessary. Note for the record: For additional minutes referencing Item RE.7, please see Item RE.3. City of Miami Page 88 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Yes. Thank you. RE.7, can I discuss that now, or are we doing them one at a time? Chair Hardemon: Uh-uh. Vice Chair Russell: Thank you. This is with regard to the easement on the Presbyterian Church to open up the bay walk. I'm glad that we've been able to negotiate an arrangement with this church, but this isn't just a one off. I really want this to be the legacy of this Commission that we're able to open the bay walk and the river walk in -- within our tenures. I don't think it's going to take 20 years, and this is one mechanism by which we can do it. It's not going to be free to the City, because the free way is what may take 20 years, but we will recover the majority of our cost. For example, if we upfront the cost of fixing the bay walk in front of the church, and which we're going to do here, and it cost us $2 million, we may be able to get a good portion of that within a FIND (Florida Inland Navigation District) grant, and then if the church were to sell or redevelop within a few years, there is a scheduled amortization of life -- useful life, of which they would owe back. So they wouldn't necessarily owe hack the.full 2 million if they, you know, don't develop for 20 years; they would owe less of it. If we got a FIND grant, they would not necessarily owe back that FIND grant, either. So this is a big incentive to those property owners to actually allow us to do this, and we are -- the church is in a unique case that may take a while before they trigger, but most of these properties, within four or five years, should change hands, should develop, and we'll get the money hack. So this is a really good mechanism, and I look forward to doing this more. What 1 would like to direct the Manager to do is analyze, and you can -- you're welcome to access the research already done by the DDA (Downtown Development Authority), as well -- to actually get the universe of properties that are pinching both the river walk and the bay walk, and find the potential total cost that the City might incur to upfront these hay walk and river walk developments, so that we can know what is the worst -case scenario of upfront cost that we'll, hopefully, then recover as they develop. Daniel J. Alfonso (City Manager): Will do. Vice Chair Russell: Thank you, sir. Chair Hardemon: Any further discussion about any of the items? Commissioner Gort: Yeah. Let me follow up on that question. My understanding is we give [sic] the right-of-way from the church? Vice Chair Russell: Yes. Commissioner Gort: And we're going to build the wall? Vice Chair Russell: Yes. Commissioner Gort: The bay wall. Now, my understanding is the private development, it's part of the plan for them to build it them. self [sic]. Vice Chair Russell: Yes. Commissioner Gort: Without us putting our money up front. City of Miami Page 89 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Vice Chair Russell: Yes. If, however, they don't -- if they just sit on that property for 10, 15 years, we don't have a bay walk. Commissioner Gort: Gotcha. But my understanding is part of the -- to get a CO (Certificate of Occupancy), they would have to comply with it. Mr. Alfonso: Yes, Commissioner, you're right. If the property is redeveloped -- let's say a private property; not this church, but some other parcel that gets redeveloped. When the redevelopment happens, we require the seawall and bay walk as part of the permit process -- or CO, the certificate of occupancy. What the Commissioner is trying to do is, in those properties that maybe are not being redeveloped right now -- Commissioner Gort: Got you, right, right. Mr. Alfonso: -- he wants the City to front this -- the expense and then get reimbursed Vice Chair Russell: By the developer. Mr. Alfonso: -- by the developer when it happens; could be two years, three years, four years. Vice Chair Russell: The church is the worst -case scenario, because they -- Commissioner Gort: Yeah, that's -- I understand it. Vice Chair Russell: -- probably won't for a while. Commissioner Gort: The church won't. Vice Chair Russell: Yeah. Commissioner Gort: Okay. RE.8 RESOLUTION 1581 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT-ELECT DONALD TRUMP TO CONTINUE SUPPORTING THE CLEAN POWER PLAN; DIRECTING THE CITY ATTORNEY TO DRAFT A LETTER TO THE OFFICIALS STATED HEREIN REFERENCING THIS RESOLUTION AND REFLECTING THE POLICIES STATED HEREIN; DIRECTING THE CITY CLERK TO TRANSMIT THE LETTER AND A CERTIFIED COPY OF THIS RESOLUTION TO PRESIDENT-ELECT DONALD TRUMP AND THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-17-0023 City ofMiami Page 90 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing Item RE.8, please see Item RE.3. RE.9 RESOLUTION 1559 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT SENATE BILL 178, AND ACCOMPANYING HOUSE BILL 6007, THAT PROPOSES A REPEAL OF FLORIDA'S MARK WANDALL TRAFFIC SAFETY ACT AND THE ELIMINATION OF RED LIGHT CAMERA PROGRAMS IN THE STATE OF FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. ENACTMENT NUMBER: R-17-0025 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Commissioner Suarez: I'll move RE.9. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Suarez: Red light cameras. Vice Chair Russell: I think we already did this. Chair Hardemon: Not RE.9, not really. Vice Chair Russell: I thought it was in the batch that you did. Chair Hardemon: No. Commissioner Gort: Yeah. Chair Hardemon: We skipped RE.9. Commissioner Suarez: No. I asked for it to -- yeah, to be skipped. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. City of Miami Page 91 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: I want to note for -- I'll just note -- Chair Hardemon: Is there any discussion? Commissioner Suarez: Yeah. I'll just note very briefly for the record that the information that's in the packet shows that crashes at intersections with red light cameras have increased by 15 percent -- well, approximately 14.65 percent overall in the study that was conducted; and incapacitating injury accidents went up by 29.31 percent; fatalities went up slightly; and fatal crashes involving non -motorists, even though it's a very small sample, also went up. Chair Hardemon: You know; one of the things that I was looking at in this that I didn't have the answer to was, does this study like consider the fact that -- does it say we have more cars on the road now? So before, when you had 100 cars and you did this study, it showed a certain percentage, and now you have, say, 250 cars, because you know we have a lot more cars on our roads now because we deal with our traffic congestion, and so the percentage is a certain number. Commissioner Suarez: I think it just compares one year's accidents to another year's accidents. Chair Hardemon: All right. Is there any further discussion on RE.9? Any discussion on RE.9? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.10 RESOLUTION 1494 Miami Sports and Exhibition Authority A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE AMENDED BUDGET OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA"), ATTACHED AND INCORPORATED, IN THE AMOUNT OF FOUR HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED THIRTY- EIGHT DOLLARS ($444,538.00) TO PROVIDE FOR THE OPERATIONS AND CAPITAL EXPENDITURES OF MSEA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017. ENACTMENT NUMBER: R-17-0024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For minutes referencing Item RE.10, please see Item RE.3. END OF RESOLUTIONS City of Miami Page 92 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 AC.1 1496 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA 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 FOLLOWING PENDING LITIGATION CASES: VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-200 AP, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, APPELLATE DIVISION AND VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15- 02997 CA 09, BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 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 X. SUAREZ; THE CITY MANAGER, DANIEL J. ALFONSO; THE CITY ATTORNEY, VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY AND FORREST L. ANDREWS. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: And so now we go for the -- Barnaby Min (Deputy City Attorne)): Yes. There's both a shade meeting and executive session. IfI may start reading the announcement while you -- Chair Hardemon: Please. And you all can travel up. Mr. Min: -- adjourn upstairs? Chair Hardemon: Yes. City ofMiami Page 93 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Min: Under the parameters of 286.01, Subsection 8, Florida Statutes, the person chairing the City of Miami Commission meeting will announcement the commencement of an attorney -client session, closed to the public, for the purpose of discussing the pending litigation cases: Village of Key Biscayne versus City of Miami; Case Number 15-200 AP, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Appellate Division; and Village of Key Biscayne versus City of Mianii, Case Number 15-02997, CA 09, before the Circuit Court of Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. This private meeting will begin at approximately 6:05 p.m. and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, and Commissioner Wifredo "Willy" Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel J. Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use and Transactions Rafael Suarez -Rivas; and Assistant City Attorneys Kerri McNulty and Forrest Andrews. A certified court reporter will be present to ensure the transcript is -- the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney -client session. Thank you, Mr. Chairman. Todd B. Hannon (City Clerk): And for the record, the meeting stands in recess. Later... Mr. Min: Mr. Chairman, we've concluded the shade meeting. 1 believe you can adjourn the meeting, and the City Manager's asking for an executive session. Chair Hardemon: Correct. We'll move into executive session. The meeting's in recess until then. The meeting will -- We're adjourned? Okay. The meeting's adjourned. END OF ATTORNEY -CLIENT SESSION City ofMiami Page 94 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.1 1390 Office of the City Clerk BC.2 1592 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo City ofMiami Page 95 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.3 1068 Office of the City Clerk BC.4 1069 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Keon Hardemon RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Tere Perez -Cisneros Commissioner Francis Suarez ENACTMENT NUMBER: R-17-0029 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Chair Hardemon: Can we move into our boards and committees? Nicole N. Ewan (Assistant City Clerk): Good afternoon, Chair and Commissioners. BC.4, City of Miami Beautification Committee: Commissioner Suarez will be reappointing Tere Perez- Cisneros. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 96 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.5 1070 Office of the City Clerk BC.6 1336 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. RESULT: APPOINTEE: (Alternate Member) NO ACTION TAKEN NOMINATED BY: Commission -At -Large City ofMiami Page 97 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.7 1337 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lovette McGill Chair Keon Hardemon Pedro Mora Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0030 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.7, Community Relations Board: Chair Hardemon will be appointing Lovette McGill, and Commissioner Gort will be re -- will be appointing Pedro Mora. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: That was the Community Relations Board? Ms. Ewan: That is correct, Chair. Chair Hardemon: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of "Mann Page 98 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.8 1594 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Constance Gilbert Chair Keon Hardemon Lyse Cuellar -Vidal Commissioner Francis Suarez ENACTMENT NUMBER: R-17-0031 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Suarez ABSENT: Carollo A motion was made by Commissioner Suarez, seconded by Chair Hardemon and was passed unanimously with Commissioner Carollo absent, to appoint Constance Gilbert and Lyse Cuellar -Vidal as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended by a four -fifths (4/5ths) vote of the members of the City Commission, as it relates to past absences on file for Constance Gilbert and Lyse Cuellar -Vidal as members of the Commission on the Status of Women. Chair Hardemon: Go ahead. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: We had an appointment that was a 4/5ths. Now that we have four Commissioners -- I think it was one of my appointees, Lyse Luisa Cuellar. Ms. Ewan: Actually, BC.8, we do have four. Chair Hardemon will be reappointing - - This is the Commission on the Status of Women. Chair Hardemon will be reappointing Constance Gilbert, who requires a 4/5th attendance waiver; and Commissioner Suarez will be reappointing Lyse Cuellar -Vidal,, who also requires a 4/5th attendance waiver. Commissioner Suarez: So moved. Chair Hardemon: Seconded by the Chair. Just a quick discussion. I want to be -- see if we were clear. The last time -- we made a rule that the board members of a board were able to excuse absences if' they found that there was a -- I don't remember the operative term, but there was a reasonable excuse, because they're City of Miami Page 99 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 closer to the members and they know their participation, and that was supposed to keep us from having to see attendance waivers, if there was an attendance waiver that would be needed. How has the Clerk's Office seen that rule being observed, and is there any confusion regarding that rule? Commissioner Gort: My understanding -- I'm the one that stated that I would not vote for any of my appointees for 4/5ths, missing that (UNINTELLIGIBLE). Todd B. Hannon (City Clerk): Just for clarification, the City Attorney's Office, in conjunction with the City Clerk's Office -- a memo was drafted by the City Attorney's Office, basically outlining some procedures associated with the new ordinance. And the City Clerk's Office included memos that each board liaison could use if the board waived the absences, if they didn't waive the absences, or if a board member didn't request to have the absences waived. And so, in the case of BC.8, we received a memo .from the board, indicating that the members had not requested an absence waiver, so we -- Vice Chair Russell: "Had" or "had not"? I'm sorry, I didn't hear. "Had" or "had not" requested? Mr. Hannon: Had not requested. And so, that's what we use for -- to prompt us to take appropriate action. And so, we tried to lay it out as simply as possible for each board liaison. They -- the memos are there to choose from. The City Attorney's memo is there for them to basically use as a guide, hut we can certainly, you know, follow up with any board liaisons that may need that. Chair Hardemon: 1 think that would be -- I think that's important, because the way that 1 see it, for an attendance waiver, I shouldn't be handling those unless there's some extraordinary reason why it's coming before us. So it may be that the board did not grant it, and, you know, on a board, they may have some dissension amongst each other, and that may be the reason why they didn't grant it. That person may not speak in the same -- on the same issues that everyone else believes in. So there are a number of things that could happen, but what I don't want to see -- and that's why I thought we created the legislation -- was I didn't want to see attendance waivers coming before us where they hadn't been considered at the board level, because the board level can say, easily, "Oh, we can excuse this absence from that person, because she was on vacation; she had a baby; he had an incident and he was in the hospital, because he broke his clavicle skate -boarding on a skateboard; you know, things like that. Mr. Hannon: Right, but those are automatic -- Vice Chair Russell: I didn't realize that was a jab at me. Commissioner Suarez: I wash my hands of it. I wash my hands. Vice Chair Russell: I was a little slow there. Commissioner Suarez: All I could say is I washed my hands this morning. You're on a roll today, brother. Chair Hardemon: Anyone else jor discussion? Vice Chair Russell: Yes. I -- just so I understand, do we know that they took it up, or we just didn't receive anything from the boards, so we're assuming they're okay with it? City of "Miami Page I00 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Hannon: That -- again, we base everything off of the memo, so it's the boards' liaisons and the attorneys assigned to those boards that send us the information. So we basically take it at face value that the board conducted whatever procedures they needed to conduct to ensure that the information that we received was correct. Victoria Mendez (City Attorney): Chairman Hardemon, I'm going to review the memo, consistent with what you've discussed right now, and see how we could streamline it further. Chair Hardemon: Okay. Vice Chair Russell: What -- my understanding of the legislation was that we were trying to force the board to give an opinion to us, and in this case, I can't tell whether they're giving an opinion, or they just didn't take it up. Mr. Hannon: Well, it seems as though -- and if I may use the term, "opinion" that they're giving to the Clerk's Office is -- again, we provided them with three templates: a memo basically stating that the board did waive the absences, and basically, it's just cookie cutter. You just put your -- you know, you put your information in the blank, you know, spaces. So one memo for when the absences are granted; one -- another memo when the absences are not waived by the board; and another, where, if the person hasn't requested it, the board just didn't take it up, because the person didn't request to have the absences waived. Chair Hardemon: And that's the interesting part, because, for instance, in my situation, 1 know for a fact that she approached me, asking to be reappointed, and it would need a attendance waiver, so. Mr. Hannon: Well, we can verify with the -- Vice Chair Russell: She -- should have gone to the hoard the first time. Mr. Hannon: -- liaisons -- Chair Hardemon: Right. Mr. Hannon: -- that maybe have some questions, to ensure that we're all on the same page; yes, sir. Chair Hardemon: So I'm -- but I'm comfortable moving forward with this vote, as it is. Any further discussion? Vice Chair Russell: Moving forward with allowing the waiver? Chair Hardemon: With this vote, yes. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of "Miami Page 101 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.9 1596 Office of the City Clerk BC.10 1597 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marta Viciedo (1/13/2017 to 8/31/2021) DDA Board of Directors ENACTMENT NUMBER: R-17-0032 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.9, Downtown Development Authority: DDA (Downtown Development Authority) is requesting the confirmation of Marta Viciedo. Vice Chair Russell: Move it. Commissioner Gort: Second. Chair Hardemon: All in favor; say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Alvarez Commissioner Francis Suarez ENACTMENT NUMBER: R-17-0033 City ofMiami Page 102 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.11 1598 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.10, Education Advisory Board: Commissioner Suarez will be appointing Maria Alvarez. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP City ofMiami Page 103 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.12 1076 Office of the City Clerk BC.13 1599 Office of the City Clerk BC.14 1600 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Rodolfo Sablon Commissioner Wifredo (Willy) Gort City ofMiami Page 104 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.15 1081 Office of the City Clerk ENACTMENT NUMBER: R-17-0034 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.14, Miami Sports & Exhibition Authority: Commissioner Gort will be appointing Rudy Sablon. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell City Manager Daniel J. Alfonso City ofMiami Page 105 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.16 1342 Office of the City Clerk BC.17 1083 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SEA LEVEL RISE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Albert Gomez Commission -At -Large ENACTMENT NUMBER: R-17-0035 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For additional minutes referencing Item BC.16, please see "Public Comment Period for Regular Items." Nicole N. Ewan (Assistant City Clerk): BC.16, Sea Level Rise Committee: Theres one at -large vacancy. Vice Chair Russell will be appointing Albert Gomez. Vice Chair Russell: Move it. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Ken Russell City of Miami Page 106 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.18 1602 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Suzy Battle Commissioner Frank Carollo Juan Coro Commissioner Frank Carollo Jose Zeleya Commissioner Frank Carollo Bill Fuller Commission -At -Large Eduardo Padron Commission -At -Large Carole Ann Taylor Commission -At -Large ENACTMENT NUMBER: R-17-0036 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): And BC.18, Stars of Calle Ocho Walk of Fame Committee: Commissioner Carollo will be reappointing the following individuals: Suzy Battle, Juan Coro, Jose Zelaya, Bill Fuller, Eduardo Padron, and Carole Ann Taylor. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Ewan: Thank you, Chair and Commissioners. Chair Hardemon: Thank you very much. I know there's a -- Does that exhaust all of the BC (Boards and Committees) items, or just the ones that don't require 4/5ths? City ofMiami Page 107 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.19 1084 Office of the City Clerk Ms. Ewan: There is one item, which is BC.8. That requires 4/5ths. Chair Hardemon: Okay. Commissioner Gort: Which one? Chair Hardemon: BC.8. Commissioner Gort: BC.8. Chair Hardemon: Commission on the Status of Women, but we can't address that just yet. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez City ofMiami Page 108 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 BC.20 1603 Office of the City Clerk BC.21 1604 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell City ofMiami Page 109 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 DI.1 1464 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING FINS WEEKEND. RESULT: DISCUSSED Chair Hardemon: Okay. I know there was some discussion items. We had DI.1. We had -- the attorney from the Fins was here, but I don't know if anyone from Administration wants to officially recognize exactly what it was. I think he spoke to the issue, so. Daniel 1 Alfonso (City Manager): Right. So the gentleman spoke to basically the issue that he has. The Fins Foundation has requested the use of our flex space. They will -- they say that they will cover the cost of the tent, the Police, the Solid Waste; all of the ancillary City costs. They said that they would ask that the City not charge them a_fee_for the use of the space. So that is something that we will bring hack to the Commission, if it's the Commission's will, as a resolution, because it has to he passed with an estimated cost -- or not cost, but loss of revenue. Commissioner Gort: My understanding, they're willing to pay for the services of the Police, the -- Mr. Alfonso: Correct. They are willing to cover all of the costs. Commissioner Gort: Okay. Mr. Alfonso: But there will be no profit; that is the point. So we will -- if it's the will of the Commission, we'll bring that back as a resolution, and we'll give direction to our Real Estate & Asset Management folks to start negotiating the parameters under which they come in. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Mr. Manager, do we have any policy with regard to the difference when we rent an event space out for not -for -profit functions versus for - profit functions? Mr. Alfonso: No. Vice Chair Russell: So we're doing it on a case -by -case basis -- Mr. Alfonso: That's correct. Vice Chair Russell: -- as they come to us. Mr. Alfonso.. That's correct, yes. City ofMiami Page 110 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: Okay. That concludes DI.1. There is an item, DI.2, with Jane Gilbert. I know I just saw her. Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: Well, fine. All right So we'll find Ms. Gilbert later. We can get to the business that we had, but we still had some agenda items, now that we have Commissioner Suarez present. DI.2 DISCUSSION ITEM 1460 Office of Resilience and Sustainability DISCUSSION BY JANE GILBERT, CHIEF RESILIENCE OFFICER, REGARDING AN OVERVIEW ON THE CITY'S RESILIENCE STRATEGY DEVELOPMENT PROCESS RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL2, please see "Public Comment Period for Regular Items." Chair Hardemon: You're recognized, ma'am. Jane Gilbert. So, Jane Gilbert, chief resilience officer for City of Miami. Mr. Chair, Commission, thank you so much for allowing this time to share with you what the Office of Resilience and Sustainability is about. You know, one of the first questions I get when I let people know that I've gotten this position is, "So what does that mean?" And so, 1 want to make sure everybody understands what "resilience" means from a hundred resilient cities' point of view, and also make you aware of this opportunity so that we get as much input from each of you as possible. So just first a little bit about my background. I have degrees in both environmental science and urban community development. My career has been split between working within corporate social responsibility, both from an environmental management perspective, as well as a corporate philanthropy here locally in urban community development and education issues, as well as -- and the other half is in nonprofit; managing, leading, and advising to nonprofits and grant makers around issues of education, urban community development, and environmental issues. So what I think I bring to this role is really an ability to think in an interdisciplinary way to mobilize people and resources towards it, and I have a really strong understanding of both our City of Miami community and the broader greater Miami community. So our big top three priorities -- my position was granted by Rockefeller 100 Resilient Cities Program, as part of the award to Greater Miami and the Beaches, which is a partnership with the County and City of Miami Beach, and really including all the other cities within the county, so we're developing a unified strategy. And then I want to do a deeper dive within the City to meet with specific community groups within the City, and that's one of reasons I've been meeting with each of you, and will continue to do so, to get your input on groups that we want to get input from, and data that we want to collect so that it's integrated into the City of Miami's strategic plan, budgeting, capital improvements plans. We're -- and then, finally, my department is particularly charged with making sure the thinking around climate change and sea level rise is integrated into planning and zoning, capital improvement plans; across departments in an interdisciplinary way. And that we, through that process, can leverage as many co -benefits as possible for the quality of life of our community in the future. So Greater Miami and the Beaches, as you know; is that partnership. I mentioned it before; 100 Resilient Cities brings us resources to focus on this increased densification, the more vulnerability to City of Miami Page 111 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 various shocks and stresses facing our community; not just climate change, but certainly including climate change. So it's really looking at what are these chronic stresses and shocks, and how do we make sure that we cannot only adapt and recover, but actually thrive and maybe transform our community in the process of addressing both those shocks and stresses. Miami is already an incredibly resilient city. We've seen massive immigration; certainly, recently, diseased pandemics. We've had hurricanes. We have had major economic crises. So we already know how to recover and even thrive after crises. We are, like cities across the globe, going to be facing increased -- accelerated rate of these stresses and shocks. So it's really, how do we use those as opportunities? We're both cities of concentrating risks, but we're also hot beds of innovation, so how do we leverage that towards being able to better withstand these shocks and stresses over time? So that's just a path to help understand; that is, to help cities evolve and transform over time. So it really takes a holistic look at "What does that take to drive resilience?" And we start -- if you look in the top right-hand corner there, health and well-being, that's really focused on people. We start with people. How well are we meeting basic needs of food, water, shelter, job opportunities, health? And then, if you go directly opposite that, place. How well are we taking care of both our man-made built infrastructure, as well as the environmental infrastructure to support those people and support the quality of life and vision we seek? On the economy and society, that's really how do we organize ourselves so that we can live a quality of life, but also live peacefully together in a society? And then, finally, what's our governance in leadership? They get into 12 drivers, and then even like -- I think there is 36 or something sub -drivers, but this is where we're starting to do both data collection and engagements -- stakeholder engagement -- to get various stakeholders' input on what do they see as will drive both from a broader vision standpoint, but actually real actions. What actions are currently we doing that should be supported more to driving resilience, and what do we need to look at in the future? So, the Resilient City program provides four kinds of support; certainly, my position. We have a platform part -- or strategy partner working with us to develop this strategy. As we get further along in the strategy, around this summer, when we define about five or six priority areas for us to dig deeper in, they will provide us with that expertise. We don't need to procure it. It's not vague. They actually take care of it, and there's a whole slew of -- And then we're a member -- 1 of 99 other communities -- that are a part of this network across the globe, which we can share resources, and that's a huge value, because a lot of these cities are facing similar issues. We are also there to share our expertise, as well. We were awarded the application based on some of the stresses and shocks we identified In hearing your conversations today and in previous meetings, I think it squarely aligns with some of the priorities each of you have talked about in terms of looking at -- on the stress side; certainly, sea level rise, but some of our issues of economic opportunity and lack of affordable housing, transportation issues; as well as in the shocks, flooding and infrastructure failure. We did a workshop in the fall with 200 stakeholders from business, nonprofit, community groups, as well as from the public sector, and they helped start to fill in this wheel of drivers, and some of the things that came out were some -- new thoughts on weaknesses were that we need to really look at how do we better engage a broad range of stakeholders, support livelihood, social stability and justice, and some of the other things that we've talked about; we knew transportation and infrastructure. Same with the shocks. There's some concern about economic crash and cyber security, communications failure, so we're looking a little bit more into that. So, as I mentioned, we're in this discovery phase now through, probably, May, of gathering data. We have a -- going to have an -- post an online questionnaire that's coming out at the end of the month in three languages, and we want your help in pushing that out, and we also want to get in front. We have a presentation we can do in anything from 10 minutes to a real focus group environment with clickers, and have an hour presentation, and we're doing that with people who are interested from different types of issuaries [sic], as well as geographies throughout the region. So those are the different things. In terms of -- City of Miami Page 112 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 within the City of Miami, to build a resilient Miami, as I mentioned, we're looking at how do we be -- bring a resilience lens to the strategic planning and budgeting process, our capital improvement planning, and then certainly addressing our sea level rise priorities through vulnerability analyses, the Storni Water Master Plan, land use and zoning, and building codes in the community rating system. And then we're going to look at starting very -- even -- the pre -strategy; start with some small projects in communities to increase our tree canopy, to do energy efficiency and water efficiency education programs, and emergency preparedness. We're looking into doing some of that in the short term, because we've already heard -- we know those are priorities in some areas, and they're something we could do within a small budget. We're a small team. It's myself; Stephanie Tashiro (phonetic), who came from Emergency. Management; and Ajani Stewart, who came from Office of Grants and Sustainability. So we are limited in resource, but we're lean and mean, and we'll -- we're here to -- I will continue to reach out to each of you to gain more input into our process. Vice Chair Russell: Thank you, Jane. I'ni very happy to have you here. I'm very proud that you're our chief resilience officer, and that we have a chief resilience officer; that this is something that the City is taking on. I think your position goes, far beyond the importance of any of us up here and you're going to really be tying things together, and I'm very happy to see you speak of resilience in terms other than simply sea level rise; that anything that affects this city in a negative way, in a shocking way, that we need to bounce hack from or adapt to, or grow to meet those challenges are things that you'll be taking up; even going so far as affordable housing. How do you hope to bring things to us as a Commission? Because many meetings, many discussions can happen. I'd like to see legislation. I'd like to see changes to actual planning, zoning, our Code, our intention, resolutions. Will you be working directly with our offices, or you'll be introducing your own legislation that you'll be looking for cosponsors? What's your objective, and what's your time frame for those sorts of things? Ms. Gilbert: Great question. And, you know, 1 think some of this is working collaboratively; not just my office coming to you with suggested legislation, but -- for instance, when it conies to sea level rise through the Sea Level Committee and working with them or with other departments. If it comes with the Storm Water Master Plan, how do I advise on that RFP (Request for Proposals) and that planning upfront to make sure that it is visionary in the way that it needs to go? As I do more discovery, I'll have a better answer for you on that, because I'm new to -- one of the -- I have strong background in corporate and nonprofit, but local government's new to me. So I think that I will have a better answer as Igo forward to make sure that I do that in the way that is going to be most successful up here, and certainly welcome your advice on that front, but I want to -- it's going to take time, this larger discovery area. I think, as we get into the more deeper dive in the summer and the fall, we will start to have legislation to come forward with. That's -- Vice Chair Russell: Thank you. My door is open, and I look forward to helping cosponsor anything -- Ms. Gilbert: Great. Vice Chair Russell: -- that you bring. Commissioner Gort: And I will work with you. My suggestion is, just work with the NET (Neighborhood Enhancement Team) Offices -- Ms. Gilbert: Yes. City of Miami Page 113 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 DI.3 1536 City Manager's Office Commissioner Gort: -- so we can set up the meeting. There's a lot of people -- Ms. Gilbert: Yeah, Iplan to. Commissioner Gort: -- don't understand what sea level rise is all about and how they going to be affected personally, so we need to give that information to those individuals. Ms. Gilbert: Absolutely. Commissioner Gort: Okay. Ms. Gilbert: Any other? Chair Hardemon: We had a long conversation yesterday, so I think -- Ms. Gilbert: We had a great conversation yesterday. Chair Hardemon: Yeah. Ms. Gilbert: Thank you. Chair Hardemon: Good seeing you. Thank you so very much. DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI POLICE DEPARTMENT STATUS REPORT. RESULT: DISCUSSED Note for the Record: For additional minutes referencing item DL3, please see "Public Comment Period for Regular Items." Chair Hardemon: Okay, DI.3 Rodolfo Llanes (Chief of Police): Good afternoon, Commissioners. Let's give the -- an opportunity to get the laptop so I can show you some pictures, but I can start on some of the discussion before I show you the pictures, anyhow. I'd like to structure this and take your questions at any point that you would like, but I think that there's an elephant in the room that has to be addressed. I think that the way you evaluate a police department is on crime rates and outreach to the community. I'd like to touch on some of those, and then I'll take any of your questions that you may have, or comments. The last time we were here -- Commissioner Carollo: And Mr. Chairman, real quick, if I may? Chief, just keep in mind that we have not been privy to any of this information or any of this, so we haven't had time to analyze any of this data or anything for us to propose certain questions, so I -- Chief Llanes: Sure. I mean -- City of Miami Page 114 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: -- just -- Chief Llanes: -- but I mean, it's -- it is a discussion. Commissioner Carollo: No. I get it, I get it. Chief Llanes: It's -- there -- there's nothing here -- Commissioner Carollo: I get it. Chief Llanes: -- that's out of the ordinary. Anyway, the storage container issue. The reason that that occurred in the early 2000s is because we have to keep this evidence for 99 years. At that time, the leadership of the department -- or in that section -- decided that this was taking too much space up in our limited evidence room and decided to move this outside, so that's how we began the road to where we're at today. Somewhere around 2012, there was discovered that the outside of the container was beginning to deteriorate, and the process began to replace that container. Unfortunately, there was no other solution identified to this issue, other than to replace the container that was there. That failed twice, until September of 2016. There was a number of failures in the Police Department and in the procurement process that led to that. On September 22 of this year, the containers had been delivered, and the homicide lieutenant was there to view the exchange of property -- or the moving of the property from the damaged container to the new containers that had arrived. At that point is when he decided that there was a huge problem there -- or he observed that there was a huge problem there with the evidence that was there. There was a painstaking process that they undertook to repackage and photograph, and document everything that was in the container and move it to the new container. So far in our review, just taking you back, in this container was homicide and other evidencefrom cases going back as far as 1975 up to 2011. Therefore, in that gap of time, we have had three different record management systems, with different case numbers, and three different inventory management systems in property. And so it is a long, arduous, painstaking manual process to match receipt numbers to case numbers to open cases, and so that is still ongoing. We know that there are 420 cases involved, and we do know that there are no defendants in custody awaiting trial with evidence that was in this container. Changes that were made as a moving forward point, there has been a change in executive leadership in that section, and more supervisory staff was added. On January 24, I will meet with the Independent Auditor, who is -- who's got quite a resume of doing this around the country and around the world, and so we will begin the process of auditing our policies, our procedures, the training of our employees, and how we conduct the property in evidence room at the police station. Commissioner Carollo: Excuse me. Chief Danes: We have also seen an off -site property that is at 850 Northwest 23rd Street. I went there with DREAM (Department of Real Estate and Asset Management) and a number of my staff to look at this property. It does look like a viable solution to move our entire property operations to that building. There is some money, involved in refurbishing the building and building it out to our needs, but there is sufficient space there to -- and plenty of room for growth. I have had discussions with the Manager about the funding for that, and DREAM is working on -- it is currently a County property -- getting that for our use. So this is what the new container looks like at the property section now. This is the inside of the second container, which is currently being filled with evidence. This is what the area looks like with the two containers. Where that dumpster is depicted is where the old container was. As you can see, that's what accelerated the deterioration process, because it was catching City of Miami Page 115 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 rain and run-off from I-95. I can move on to the next part of the presentation or I can take questions. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. The auditor -- the scope of the auditor's job will -- like you said, will be to look at policy and procedures. Will the auditor also be looking at this specific case of how we got to where we were, or have you already identified exactly where in the chain of ordering the containers, or where it broke down that allowed, you know --? Because there was a process that was started to get the new containers, correct? Chief Llanes: Yes. Vice Chair Russell: And then something fell apart there. Chief Llanes: Yes. Vice Chair Russell: Is the auditor looking at it, or is that something that you've looked at, and you already identified? Chief Llanes: It's something that we have looked at internally, but it's -- part of the scope is what else could we have done different at that time. I don't think that the auditor is an expert in our policy and procedure. He'll look at what we have and what went wrong, but it's pretty apparent what went wrong with the purchase of the new ones. Vice Chair Russell: So a purchase was placed, but then they weren't delivered, and then it wasn't followed up on. Is that kind of really what happened? Chief Llanes: There is some follow-up issues, but there's a number of different -- there was -- The first time, it was procured erroneously; the second time, there wasn't power at the place where it was delivered, so they, couldn't deliver them and power them up, and so there were a number of different failures. It wasn't a repeated failure of the same thing. It was different failures at each point. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Who is the auditing firm or company? And ,you said it's a pretty impressive resume. Can we have a copy of that? Chief Llanes: Yes. I will pass it out. Commissioner Carollo: Yeah. Chief Llanes: I have the name of the company and their resume and their -- all of the audits that they have conducted. The last two audits that they conducted last year was the United States Secret Service and the DC (District of Columbia) Metropolitan Police in Washington, DC. Those were the last two that they conducted. Commissioner Carollo: What about CALEA (Commission of Accreditation of Law Enforcement Agencies)? Chief Llanes: What about? City of "Miami Page 116 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: CALEA. That's how we called it in the County, CALEA, C-A Chief Danes: We have -- Commissioner Carollo: -- L-E-A. Chief Danes: Yes, I -- Commissioner Carollo: I'm sure you're familiar with it. Chief Llanes: Of course. Commissioner Carollo: They're the ones who audit our Police Department in order to have our certification and all that. Chief Manes: Our -- this audit is specific to policy and procedure in evidence rooms. CALEA has standards that they ask us to comply with, with regards to policy and how we operate, but I think it's important to focus on just the operations of property with an expert in property and evidence to say, "This is what you should be doing and this what you're not doing correctly now and this is what you should change, and these are the training classes that you should be sending your. folks to so you don't get into this problem or have another" -- "a different problem." Chair Hardemon: Do we know how often that that storage container was accessed during the time that it was deteriorating -- or greatly deteriorating? Chief Danes: 1 don't know that answer. I don't have the answer to that. Chair Hardemon: So when it was -- I understand that the process had been started to replace the structure, so we knew that there was an issue with the structure. However, the evidence that was contained within the structure, is it only when you realized that -- is it only when you were moving the property from one container to the next that you realized that there was some deterioration in some of the evidence? Chief Llanes: I personally realized it at that time. There was folks writing emails saying, "Hey, this is getting bad. This is getting bad." A number of times through -- but until they had to actually remove stuff from there and put it in the new container is when they realized, "Hey, we got to repackage this, photograph it, and there's a problem here that the boss needs to know about." Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, Commissioner. Suarez. Commissioner Suarez: Thank you, Mr. Chair. There was an allegation made here today by an officer about someone who was under investigation having access to the Police Department headquarters. What actions have you taken or are you going to take to prevent an incident like that from happening in the future? Chief Danes: That he has no access anymore and -- Commissioner Suarez: Right. But I mean, is that something that's going to be an across-the-board policy? I mean, if anybody is retired or any -- and is under investigation, that they're not going to have access to the Police Department? Is that something that you guys are going to take measures to prevent from happening? City of Miami Page 117 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chief Llanes: Yes, absolutely. Retirees, who are reserves, do have access to that floor, because that's where their gym is at. They don't have access from the third floor up, but they have access to the third, the second, and first floor. And so -- but because of the investigation, that -- we should have taken better steps to do that and then -- that we will. Anything else? Chair Hardemon: The last case that you spoke about, you said that you had evidence from cases that went back -- I think you said from about the '70s till about 2011. Chief Llanes: Correct. Chair Hardemon: And so, would I be correct in assuming, then, that the last piece of evidence that was in -- put into that container would have been from then? Chief Hanes: From 2011. Chair Hardemon: And I'm trying to steer clear -- because I know in future -- Look, in the criminal defense arena, this is gold. Chief Manes: Understood. Chair Hardemon: This is platinum. I mean, every single case that the City of Miami could potentially be involved in, they're going to talk about destruction of evidence, preservation of evidence procedures. I mean, this is good stuff. Certainly, it would -- it will open up the City to other actions, as well; 1 mean, civil actions, because you're going to say -- you're going to have someone say, "Well, the City's responsible for justice not being sought, because there was destruction of evidence in this case, and we clearly identified now who the suspect is. We had some of the evidence that might have been the T-shirt that had some stains on it that would have been able to identify it, but rats ate through it," you know. So, certainly, this is an issue that -- it is not to he minimized. However, what's important now, moving forward, is that, one, City Attorney, you do the best that you can to protect the City from -- the City -- when I say, "the City," I mean the City and its residents, because ultimately, we are the ones responsible -- the residents are the ones that are responsible for any misfeasances [sic] or malfeasances or nonfeasance, really, of this body. So, we just want to ensure that you put another container out there. One, is that something that is acceptable? Two, it seems to be in those -- I don't -- I can't tell if that container is air conditioned or not -- ChiefLlanes: It is. Chair Hardemon: -- but air conditioning certainly helps with preservation of materials. And three, is this the best place to put these things? I mean, we've -- in our -- in the City of Miami, we've seen -- and outside of the City of Miami, we've seen that places that are underneath expressways can be a lot of different things. Certainly. the Police Department has proven that it's been storage containers. We've put cars there that are for sale that have been confiscated from individuals. I mean, all things that aren't particulariv attractive and certainly don't invite people to gather, and so the question then becomes, where do you put certain types of evidence? The building that you described earlier, there may be a better place to put evidence. I've seen in other cities -- in New Jersey, et cetera -- that they have items that are extremely, important that -- to the community itself so items -- I'll give you an example: Items that may have been from the World Trade Center, something of that nature, that the owners put in a museum -type -- it's almost like a museum, but it is really for storage; and some, they displaced; some, they do not, but all protect what it is that they're trying to preserve, and certainly, I think evidence is that thing that needs to be preserved; it needs to be protected. So I just want us to think jitrther than City of Miami Page 118 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 the preservation of the evidence today. I mean, certainly, 99 years is a long time, but we've seen why you need to keep evidence that long, because there are people who have been wrongfully convicted 25 years ago; and now, with the modern advent of certain technologies, they've been vindicated. And so, you know, this evidence is important to everyone, and I know that you know that it's important. And it is not something that we are happy with, and it's not something that we are not upset about that this happened, but it happened, and so now we need to do the best that we can to continue to preserve not only that evidence, but future evidence. And so, what I'd like to see is a more long-term plan, and certainly -- a more long-term plan to see how we're going to preserve evidence so something like this doesn't happen any longer. This isn't the first time that evidence has been destroyed or damaged in policing in the United States of America, and it won't be the last time; hopefully, the last time here in the City of Miami, though. And so, you know, we just want to ensure that this type of evidence is preserved so that we can solve crimes in our community. Chief Manes: I think our -- we're safe for the short-term here, because we have them in new containers. I think the new property -- or the old property, to move our entire property operations to there is the next step in a medium -term solution. The longer - term solution is the fact that we need a new police building; that that building is no longer adequate. It was built for 900 officers, and we're, you know, 400 above that, and so not only just in work space, but in storage space and evidence containing and all of that. We need to look at a long-term solution being a new police building, but I think that mid-term solution should be this building being retrofitted to be property operations. Chair Hardemon: I'll tell you, 1 mean, certainly, if I had the capital to do it, I would open up myself a, you know, hundred thousand square foot storage unit that was -- had all the different protections that Police would need, and make that the place where police officers can come and bring their materials. You have a conflict? Well, waive the conflict for me, and I'll make some money off of this. So I say that to say this: Somebody's looking at this, and they know this is an opportunity to provide storage for these types of sensitive pieces of information. And there's some individuals that made a lot of money in storage, data and hard storage, so we're seeing the proliferation of storage units in the City of Miami, because, you know -- Commissioner Gort: It's a very good business. Chair Hardemon: -- obviously, they're making money, and so maybe this is something that someone's listening and watching and learning that there's an opportunity here. Chief Danes: Thank you for that, sir. Chair Hardemon: Any further discussion? Oh, you had more? You had more, right? Chief Llanes: Yeah. I have -- there was -- Commissioner Carollo: Mr. Chairman, if I may, before he continues to a different item? What's the timeline in order to -- moving to a possible new building for the -- all the storage? Chief Danes: That's kind of hard to put. Commissioner Carollo: You -- Chief Llanes: I would say it's -- City of "Miami Page 119 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Because you mentioned it's viable. Chief Danes: Yes Commissioner Carollo: So now, what is the timeline? Because I have to be honest with you. As I see the picture, I understand they're new storage bins, but my comfort level isn't there. I mean, I see the picture, and I'm saying, "Wow, this is the City of Miami, and we're storing our evidence under the 1-95? " So what is actually the time fraine that you're looking at? Chief Llanes: It's a tough question for me to answer, but it looks, in the discussions that we had there, in the 18- to 24-month time frame to be able to retrofit that building. Commissioner Carollo: Is there any way to expedite that? Chief Manes: I don't have the answer to that. I will meet with DREAM and see what their -- the timeline is for a retrofit. Commissioner Carollo: And the reason I mention it is because, you know, as I started reading the timelines, it's been quite a few years now, and, you know, it's just an embarrassing situation that I want to put behind us already, as much as we can. And 1 had a long discussion with the City Attorney yesterday regarding when we have this discussion, and what 1 should or shouldn't ask regarding, you know, liability for the City, but again, it's just amazing that, you know, this has happened. And in all fairness, with the Department, as a whole, it's just amazing to me that, you know, it was a blogger that had to be kicking and screaming to get attention with this issue before it was addressed, so that's why I'm mentioning it. And, Chief you know how 1 feel about this. We've had discussions about this, but that's really the truth; it's taken this long. So 1 want to make sure that if we do have a building, which 1 think is viable, I want a time frame. 1 don't want this just to get -- you know, the can get kicked down the road, and two or three months, we forget about it. 1 mean, we still have audits from the Independent Auditor that -- you know, the police response was that it was going to actually be done prior to today's' date, and it still hasn't occurred. So I want to make sure that whatever are the solutions -- and it seems like moving all the evidence to a storage unit, a storage building, is the right move -- that we don't do it way in the future; just like it appears to me, from what I've read, people knew that these storage bins were deteriorating, and we needed to get new ones, and for some reason or other, it didn't happen for two or three years down the road. So I don't want the same thing to happen now in moving all of our evidence into this new building, so that's why I'm asking for the timeline. Chief Danes: Yes, sir, I will find one. Commissioner Carollo: Thank you. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: No. I mean, I agree. I think the plan is the right plan to ultimately, get them into a more permanent, safer, less affected by the elements, and more sophisticated storage system than we currently have, but I think the 50, 000-foot problem, is the station itself and the inadequacy of the station that we currently have, including, but not limited to, all the problems on the top floor, et cetera. So I just want to reemphasize to the Manager that that is a priority. I'll put a resolution at the next Commission meeting, Clerk, that the -- getting a new police station is one of the highest priorities, if not the highest priority of our government, so that maybe we can give some impetus to our Manager to put out an RFP (Request for Proposals), City ofMiami Page 120 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 because I think that is the number -one issue. I mean, ultimately, they should not -- we shouldn't be storing our evidence outside of our own Police Department, which is where we would want it to be, because it's within our control. I mean, I'm just -- I'm not an expert, and I'm not, you know, an auditor, but I would think that the safest place would be in our Police Department, and at the Police Department that's adequately large to handle not only the volume that we have, but the growth that we're going to anticipate for the near -- you know, the not -too -distant future; 20 years, 30 years, 40 years, whatever we think the life of the building should be. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I wanted to add to what Commissioner Suarez said. It's a higher priority than our administrative building. Commissioner Suarez: Of course, it is. Absolutely. Commissioner Carollo: Yet, we put our administrative building before Commissioner Suarez: I got it. Commissioner Carollo: -- the police station. Commissioner Suarez: Absolutely. Chair Hardemon: Well, we did a lot of things before the police station. 1 mean, the police fought for a $2 million helicopter, and that was a big, big, big, big, big fight. And so, you know, 1 think we all have to be honest with ourselves and the department in itself. You know, the department has many different voices that speaks for a number of different facets of the department, and, you know, one sometimes rings the hell louder than the other, and, thus, that's the thing that gets addressed. Certainly, this is something that needs to be addressed and -- I mean, what I thought about what Commissioner Suarez said about, you know, where you even have that type of storage unit. I mean, we know that the more evidence that you gather, the more space you're going to take up, and so having a storage unit on your police -- in your Police Department may not be the smartest thing, as staff continues to grow, and you're going to have more police officers, because the proliferation of growth in the City of Miami goes from 500,000 to a million people, and so, you have 3,000 more police officers. Where do you put them then? So there's a lot to be considered when it comes to that. I mean, we just want to ensure that our property evidence is preserved. How we do it, I think we should be creative about it, because just doing something -- you know, just doing something the way that it's been done in the past; just because that's the way it was done in the past may not be the best solution. Commissioner Gort. Commissioner Gort: Yeah. My understanding, you said the building you're looking at is 850 Northwest 23rd Street? Chief Llanes: Yes, sir. Commissioner Gort: That's a City -owned building that was being used by the County, and we brought it up to DREAM about two years ago, but we realize that the County was no longer there. My understanding is, this is a pretty large building. Daniel J Alfonso (City Manager): The County is ready to give us the building back, and we will be analyzing the cost of retrofitting the building so that the entire City of Miami Page 121 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 property unit can move over there, and we'll be coming to the Commission with a budget request for that. Commissioner Gort: Finally, we -- I'm glad we got it back. We got to get some other properties back. Chair Hardemon: You're recognized, Chief. Chief Llanes: As far as crime is concerned in the City, you know, we've had a break downward trend. In this year, we had the lowest amount of homicides that we've had since 2005. This year, in 2016, we had 60 homicides, which is the lowest since 2005, which was 56. The general crime index has been coming down. That you can see the mid year -- I didn't do the finish -- the end of 2016, because we haven't used and auditor yet, but the mid year which is the orange, it shows the same -- similar crime trend decline. We'll talk about staffing. This is where we're at today. We're at 1,338. We're at 100 percent staffing. We still have the 2016 list. I anticipate making anywhere between 30 and 40 hires .from -- where the pool that is left, and we will begin a recruiting drive at the end of this month to start a new list in order to continue to hire, in anticipation of the September retirements, which, at this point, I believe there are 102 that will be leaving at that time. And when we talk about community outreach, it's important that -- You know, the Miami Police Department was recognized. for a lot of our outreach during 2016. I did go to the White House on the President's Twenty -First Century Policing, and we were recognized for our social media platform and outreach that we've had, and I think that that's something that we can all be proud of when those certain segments of the community, you know -- and the -- probably all of us have had a conversation at one point or another that when you talk to folks about the crime rate, they really don't care, if they've been the victim of a crime. The rest of the crime rate really doesn't impact them in any way. What's important is our outreach, and how we project ourselves to the people that we serve. If you have good citizen/police encounters, it goes a longer way than having a lower crime rate, but 1 think that we can do both. We're all better off for it. Oops. Well, that's it. Chair Hardemon: You have any further questions for our Police Chief? Seeing none, thank you very much, sir. Chief Llanes: Thank you. DI.4 DISCUSSION ITEM 1546 Commissioners and Mayor DISCUSSION ON THE WORK OF MIAMI DADE WATER AND SEWER DEPARTMENT IN THE SHENANDOAH AREA REGARDING COMPLETION DATE AND TIME LINE. RESULT: DISCUSSED For additional minutes referencing Item DL4, please see "Public Comment Period for Regular Items." Chair Hardemon: If we could try to knock out a few items before we get to some that may cause a lot of discussion. DI.4, the Miami -Dade Water and Sewer. Is there a discussion item on that? Commissioner Gort: We did that. City of Miami Page 122 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Daniel J. Alfonso (City Manager): I think we had enough discussion this morning on that, sir. Chair Hardemon: Okay. That was what the Mayor presented. Mr. Alfonso: That's correct, Commissioner. DI.5 DISCUSSION ITEM 1534 Commissioners and Mayor DISCUSSION REGARDING THE PROGRESS ON COMPLETION OF FIRST MILE OF UNDERLINE. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL5, please see "Public Comments for Planning & Zoning Items." Chair Hardemon: DI5, The Underline project. Commissioner Carollo: Meg, The Underline. Chair Hardemon: The Underline. Meg Daly: Thank you, Mr. Chair, Commissioners, and Mr. Manager. My name is Meg Daly, founder of Friends of The Underline, and 1 was here a few months ago, and I'm here to give you an update on our recent progress. As you know, The Underline will be the County's only multi -modal corridor, integrating all modes of transit. It'll be the spine for a future network of bicycle and pedestrian trails, including connections to Ludlum Trail in the South, the Miami River Greenway on the North, Rickenbacker, as well as other feeder systems throughout the County. So we've been very busy, and in the past few months, we've been working on our design documents for the Brickell Backyard. To orient you to this image, on the right-hand side is the Miami River; and on the left-hand side, just from -- left of the yellow space, is Coral way, and that's our first segment that we 're working on design documents with the design team, James Corner Field Operations. This gives you a sense of what's funded with that $7.25 million, and what is unfunded. For Phase 1, the design documents include all the Trail components: lighting, vegetation, amenities, and the park spaces, except for a beautiful overview look room at -- on the River Room and the dog park near the Miami Rivet., and we have a few of the pieces unfunded with the gym. Just to the left of that, we have a proposed Phase 2 and 3, and we've been working with Commissioner Carollo's office to see if we can make Phase 3 part of Phase 1. So to give you some pictures of what we 're working on -- and all this will be presented to the public on January 19 at a public meeting, at Southside Elementary. At the connection to the Miami River, we have the bike trail; will be designed, and be one of the first things that we build out, and putting in a new crosswalk between 7th and 8th Streets. Between 7th and 8th Street, we'll have an outdoor basketball court, an outdoor gym, as well as part of a soccer court. It'll look something like this now; and then when done, it'll look -- here's your outdoor gym and basketball court. There'll be a cycle track, a running track, as well as an outdoor gym that'll be programmed with exercise classes. So this is between 8th and 10th Street. On your left is the Metrorail Station at Brickell, and on the right is 8th Street. We've taken the train tracks off so you can see what's below. These two blocks really will be the heart and soul of activities for the Brickell neighborhood. Here's what it looks like City of "Miami Page 123 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 today, and this is what it'll look like when done. The two trails will run through the middle of the corridor, called the Promenade, being two blocks long; there'll be a sound stage for performances, concessions, pop-up retail, and food; there'll be a communal table to seat 50; there'll be a gaming area, which is inspired by 8th Street, including dominos and chess and checkers; and then a kids' play area for all those young families moving into the area. And then just as you exit the Metrorail Station, there'll be something that looks like Bryant Park, with outdoor picnic areas for people to dine, right across from Publix. And inspired by my mom's great porches from the Deep South, we'll have a swing to seat 20 or 30 people. As you pass the Metrorail Station, we'll have Miami's first parking garage for bicycles, for 160 bicycles, including Bike Share and Bike Repair, and a really beautiful view from 1st Avenue, highlighting this area, which currently is just dirt and chickens. So this is -- when you wrap around the Metromover Station, we'll be fronting Southside Park, which is a City of Miami park, and we're working with staff to open up Southside to The Underline so it feels like one fabric. And then, as you wrap around the Metromover Station, you'll get to this area called "The Oolite Room," which takes us to Coral Way. So that's Phase 1, and that's what we're working on. We'll be presenting to the public on the 19th. And this next piece is, as you cross 15th -- This is what we're working with on -- Commissioner Carollo's office, on seeing if that can be.funded through District 3. I believe there's a current.funding in place.for that. So the next screen just sort of recaps what's funded and unfunded. I also want to share that DOT (Department of Transportation) has a number of grants that have been approved .for Miami -Dade County Parks and Recreation, totaling an additional 5 million, which will now take the trail from the Simpson Park area through the Roads, all the way down to 28th. So our next steps are the presentation of the design documents. We'll have those design documents completed in May; then we'll be bidding and permitting through the summer, and breaking ground in November. So recent press, really cool: American Way Magazine, The Underline was featured as the "answer to the High Line" -- "Miami's "answer to the High Line." And "Transforming wasted space into a community hot spot." And U.S. Congresswoman Ileana Ros-Lehtinen just gave us a really great shout -out on the U.S. Congress floor yesterday, talking about not just The Underline, hut under art, which is going to be this Saturday, from 2 to 5, a public event. We have about 800 people signed up to come, and hope you can as well. So that's my update. Thank you so much for your time, and for the City of Miami's investment in this project, and staff. Thank you. Chair Hardemon: Thank you very much. Are there any questions? Seeing none, thank you so much, ma 'am. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: Thank you. Can you go back to the slide -- 171 be -- try to be very brief -- the slide with the different segments, the different sections? Ms. Daly: Sure. The phases? Commissioner Suarez: Yes. Ms. Daly: Right there. Commissioner Suarez: That's it. So, you know, I think -- and I don't know how my colleagues feel -- that, obviously, we've made a significant investment in this project going forward, and I think those returns are starting to see -- bear fruit, but 1 think fbr us to catalyze this, we need to think about potentially investing more and making sure that the first -- I think this is all Phase 1. I look at it all as Phase 1, because the City of Miami Page 124 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 reality is, it is -- you've kind of broken it down into three, but it's really one, because it's the first thing that you're going to do, and so it's the first thing that people are going to experience and interact with, with respect to The Underline; and based on that, I think it's going to create even more momentum for the remainder of The Underline; and not only The Underline, to be honest with you. I think it's going to create a tremendous amount of momentum for all kinds of conversion of public space Ms. Daly: Right. Commissioner Suarez: -- into park space. I mean -- and the Vice Chair left, but he had a great event with the DDA (Downtown Development Authority) in downtown, where they created you know, sort of a pocket parr if you will. Ms. Daly: Biscayne Green. Commissioner Suarez: Exactly, Biscayne Green, with a parking lot, and converted that into a parking lot. And so, I just -- you know, I know that we -- and he's not here. I wish he was here. I didn't realize he was going to step off. But, you know, I know that we were going to spend some impact, fee money on acquiring a facility in his district that didn't go through. Tin not -- the one -- the parking -- you know, the garage. I'm assuming that money is available. I don't know if that's something that he would consider, because it would be great if we can do this entire -- what I call Phase 1. If we could do this entire phase at one point, you know, in one fell swoop, 1 think that would be amazing. Ms. Daly: And agreed. And that's what, you know, we really -- you know, the first mile is the mile that sort of paves the way -- Commissioner Suarez: Exactly. Ms. Daly: -- for the future of the project. Momentum is really the hallmark of this project, and completing the project to the design vision I think is very important, and I think the more we parse it, I think the less excited the community gets. So the funding is in place for that first three-quarters of a mile, and I'll -- for lack of a better word, we're truing to cobble together those other pieces to get that first mile done and built out to the vision. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Let me see if I could help everybody out. From 15th Road all the way to 25th Road, the funding is in place; everything is in place except the red tape. Can we have our CIP (Capital Improvement Projects) Department come up and see where we are with the plans? Because that -- if everything goes as planned, that should be completed relatively soon, no? I know we met with the County, so. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director, Office of Capital Improvements. And, Commissioners, you know we had a meeting just the last week of the year or so at our County Commissioner's office, and we kind of iron out the last questions that we have related to the project, so since then, I released the architects to go back into that. We are working simultaneously now on a couple of aspects. Number one, into our drawings, which we'll coordinate with your office and with you to make sure that we keeping in line with the theme of The Underline. And also, we're working on the agreement with the County to make sure that we're allowed to build this as part of the property. So both of those things are City of "Miami Page 125 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 going now on parallel. I estimate that we should have construction documents within the next four month or so. It will be -- Commissioner Carollo: Four months? Mr. Rodriguez: Yes, sir. Commissioner Carollo: So when do we break ground? Mr. Rodriguez: We're going to break ground, Commissioner -- it's probably going to take me another four months after that. Commissioner Carollo: So eight months to break ground? Mr. Rodriguez: Correct. And, again, one of the things -- Daniel 1 Alfonso (City Manager): And that's assuming that FTA, the Federal Transportation Agency, approves the use. Mr. Rodriguez: That's correct. Commissioner Carollo: So, if we're all ready to go, especially with funding and everything it's going to take eight months to even possibly break ground. 1 mean, realistically, all this other -- Commissioner Suarez: 1 don't know if they've made more -- have you made more progress on the other -- on one of the other sections? What he's saying is that on the section that he 's been working on, it 's going to take an additional eight months. Ms. Daly: Correct. Commissioner Suarez: Is -- I don 't -- I'm -- I thought you guys were all using the same architect; it appears that you're not, so -- and that it was all unified, but I guess -- you're going to coordinate with them? Mr. Rodriguez: Oh, absolutely, yes. Commissioner Suarez: Okay. But are you further along in the rest of it? Or how -- I mean, do you anticipate breaking ground earlier than eight months from now? Ms. Daly: No. We expect to break ground in October/November of fall of 2017 -- Commissioner Suarez: Got it. Ms. Daly: -- which is a similar schedule. Commissioner Suarez: Oh, that's about the same, yeah. Ms. Daly: So, you know; what we're talking about now -- Commissioner Suarez: Eight, nine months. Ms. Daly: -- is the Phase 1 on your diagram, that first three quarters of a mile, if we can coordinate the schedules with the City's work, we could actually be in tandem and building out more than a mile in that first phase -- Commissioner Suarez: Is there a way -- City of "Miami Page 126 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Ms. Dalv: -- but we do need to collaborate. Commissioner Suarez: -- though -- because there seems to be a gap between phase -- what you guys call Phase 3 and Phase 1. What about Phase -- like Phase 2? In other words, I don't want to see a nice section in Phase 3 and a nice section in Phase 1, and a big gap in between the two. Ms. Daly: Right. So there is a -- that piece is -- actually, the County has gotten an easement for the existing in path -- Commissioner Suarez: Right. Ms. Daly: -- and they've reached out to a developer that owns the adjacent land to request an additional 11 feet of easement to build out the path to the total width of 18 feet, plus buffer. Commissioner Suarez: Okay. But do you think -- is it possible that they can be built simultaneously, or you think that's not going to be possible? Ms. Daly: That's the goal, you know, but -- so -- Commissioner Suarez: Okay. Ms. Daly: -- we're just -- you know, we're plowing ahead with 1 and then working on 2, and then with City of Miami with 3. Commissioner Suarez: Right. Ms. Daly: If we can make them all to come together and align, it would be a beautiful thing. Commissioner Suarez: And, obviously, I -- but my -- the point I'm trying to make is think, if you need help, come to us; we're here to help, so I think we've been helpful, and 1 think we'll continue to be helpful and -- but I -- because what I'd like to see is it all be done together -- Ms. Daly: Exactly. Commissioner Suarez: -- because I don't see the purpose of having, you lcnow, botchy - - particularly, the first mile. You know what I mean? You really want the first mile - - like you said, that's your signature rollout. Ms. Daly: Exactly. So you were asking about other tranches. Commissioner Gort: Mr. Chairman. Ms. Daly: We have an additional -- I mentioned an additional $5 million in funding from DOT. That's for 2017 and '18, which includes planning and construction, which take us through the Roads, down -- further down, closer to Vizcaya. Commissioner Carollo: M. Chairman. Chair Hardemon: Commissioner Gort first and then -- Commissioner Gort: No, let Commissioner Carollo finish. City of "Miami Page 127 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Thank you. Thank you, Commissioner Gort. I don't know what's going to take eight months. I thought we were going to be breaking ground a lot sooner than that. With that said, our portion is pretty much funded, as far as my knowledge, through 25th Road, so if you're counting those 5 million for the Roads, then you have extra money that could possibly go into some of these other unfunded areas. Ms. Daly: Then we'd take it further south. Commissioner Carollo: Or I think you have breaks, and I think that's what Commissioner Suarez is mentioning; that you have breaks in here that shows that there are unfunded. Ms. Daly: Right. Commissioner Carollo: So instead of setting it -- or extending it further south, let's get it together so it's all, you know, done, and there's not patches, and I think that's what Commissioner Suarez is alluding to, and I'm already showing where the, funding could come from, because this part, all through the Roads, is already funded for over two years now; and that's where, again, is my amazement, because everything I think is not aligned, and even to the point that we had a meeting in the Commissioner -- in the County Commissioner's office, with Alice Bravo, you know, the director of Transportation, and 1 don't see what's going to take eight more months, and this is why I want to ask you on the record, so the public understands when 1 say, "red tape" and I say, "bureaucracy," it's not just that I'm just throwing words out there; it's a reality. So what's going to take eight months to start or hreak ground? Mr. Rodriguez: Commissioner, we have to -- you know, what we have right now is on concept drawings. We -- the first step of that is to finalize those concept drawings. We do need to go to the public on that. We haven't presented that to the homeowners association that we have to do. We need to coordinate those concept drawings with your office to make sure that we're all on the same page. Commissioner Carollo: She's presenting them. Mr. Rodriguez: No, no, no -- Commissioner Carollo: I mean -- Mr. Rodriguez: -- not our portion, not our drawings. We have to coordinate our design with her office. After that, we have to turn that into actual construction documents. You have to go through the permitting, of all of that, and then you have to go through the procurement of a contractor. When you take in consideration all those steps, that's -- yeah -- Commissioner Carollo: That's eight months. Mr. Rodriguez: -- we're talking about eight months. Eight months. Commissioner Carollo: The pictures you showed for our portion,, is that in line with what our architects have done? Mr. Rodriguez: It's -- the concept -- we're respecting the spirit and the concept of that. The pictures are not necessarily the same. We took the idea from what was presented on The Underline, and we did modify it a little bit. That's some of the concept drawings that we have. Again, that's part of the coordinations that we need City ofMiami Page 128 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 to have with your office, to make sure that whatever we determine, it is, indeed, in line with the overall spirit of The Underline. Ms. Daly: Exactly. Chair Hardemon: Commissioner Gort. Commissioner Gort: I think, once you get finished and you start those projects, we're going to get a lot of support from major individuals for sponsorship, but I also like to see it going north of Flagler Street. I mean, you got Overtown that's come a long way. Ms. Daly: Exactly. Commissioner Gort: You also got the Health District, where you have thousands of people that work there and live there, and they have that overpass in there. And so, I would like to see, once you have your plans done, that's like a cookie -tutted [sic]; you can utilize it, because its range are the same north. So that's something that I want you all to start thinking about it. Ms. Daly: So one of the things that Miami -Dade County Parks is working on is addressing just that issue of how do we get over the River and connect through Overtown and to other areas north, and they're calling that Phase 2. Commissioner Gort: Okay. Ms. Daly: Okay. So as soon as they have, 1 think, something more concrete, they should come to this Commission and present that concept. Commissioner Gort: We'll work with you on Phase 2. Chair Hardemon: Thank you all very much. Ms. Daly: Thank you. DI.6 DISCUSSION ITEM 1607 Commissioners and Mayor DISCUSSION REGARDING CLASSIFIED VERSUS UNCLASSIFIED POSITIONS IN THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo ABSENT: Gort, Suarez Note for the Record: Item DI.6 was deferred to the January 26, 2017 Planning and Zoning Commission Meeting. Direction by Commissioner Carollo to the Office of the City Attorney and City Manager to formulate a Legal Opinion on the Classified and Unclassified Employees in the Office of the Independent Auditor General. City of Miami Page 129 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: DI 6. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: DI6 is a discussion regarding the classified versus unclassified positions in the Office of the Independent Auditor General. This, I believe, is a critical issue, dealing with the independence of our Auditor General and his ability to effectively do his job. However, I want to be extremely clear, so I will want the City Attorney's Office or the Administration to send us a formal opinion, documenting the Administration's or the City's position on the classified and unclassified employees of the Office of the Auditor General, and the repercussions for not hiring classified employees; so, if you could do that. And then what I'll do is I'll defer this item to the next Commission meeting in order to get something in writing .from you, to see exactly what the issue is, so we could address it. Unidentified Speaker: Yes, sir. Commissioner Carollo: Okay. With that said, I'll defer DI6 to the next Commission meeting, with the statements that I just made -- or the request that I just made. Chair Hardemon: And the motion passes, if there's no objection. DI.3. There was no objection. Did anyone say, "Object, I object: we don't need it"? I'm going to second it. Commissioner Carollo: Okay, 1-- so I make a motion to defer. Chair Hardemon: I'm the seconder; that'll be fine. Commissioner Carollo: "Aye." Chair Hardemon: May the record reflect that I'm the seconder. END OF DISCUSSION ITEMS City of Miami Page I30 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: Mr. City -- or the City Clerk's Office -- I don't see the City Clerk there. This is the opportunity for us to move on to Part "B" of our agenda, the Planning & Zoning items. And so, what I'd like to do is have the City Attorney to read into the record her statements that she needs, and I don't know if you need to flip a tape or -- okay, we'll just move right into it. Todd B. Hannon (City Clerk): I'll just need to administer the oath after the City Attorney is done with her statement. Chair Hardemon: Great. Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. Thank you, Mr. Clerk. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. Members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute, Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Any person may he heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for your ease of reference. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to evidentiary hearing on the record. The order of presentation shall be set forth in Miami 21 and in the City Code, providing this information. All persons testifying must be sworn in. The City of Miami requires that any person requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to or [sic] support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Chair Hardemon: Mr. Clerk. Mr. Hannon: Thank you, Chair. Good afternoon, ladies and gentlemen. If you will be speaking on any of today's Planning & Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. Chair Hardemon: Thank you very much. City of Miami Page 131 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PUBLIC COMMENTS FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: Ladies and gentlemen, this is our opportunity for the public comment section of the Planning & Zoning hearing. So, during the public comment section, if you're not a mem -- an applicant or someone who's a party to one of these issues, this is your time, if you're a member of the public, to speak on the PZ (Planning & Zoning) items, so that's PZ.1, 2, 3, 4 and 5. This is your opportunity to be heard. You have two minutes to state your name, which includes your first and last name, your address, and which item it is that you're here to speak about. I want everyone to know that there is a time certain for PZ.1; that's at 5 o'clock, so that means that no action will be taken on that item until 5 o'clock or thereafter, so -- but if you are here to speak on an item and you are a member of the public -- not a presenter, not an applicant -- this is your time to be heard. So I'll open up the floor for public hearing. Ladies first? Gentlemen, yes. Francisco Herretes: Good afternoon, Chairman, Commissioners, City Manager. My name is Francisco Herretes, Miami Beach, 33141. I want to comment in support of the Public Art Ordinance, SR.1 and PZ.1. I'm director of Miami Mountains Foundation, a nonprofit that promotes public art; and chairman of the Planning & Zoning Committee of Downtown Little Haiti Stakeholders and Association of Property Owners, along Northeast 2nd Avenue. I'm in strong support of the long overdue Public Art Ordinance of the City of Miami, both for government, public projects, and the private sector. 1 commend the Planning & Zoning Department for their hard work and for collaborating with Miami -Dade County, City of Miami Beach, City of Coral Gables, City of Doral, and others, to prepare a well-rounded, forward -thinking ordinance that will be very successful in the years to come. 1 heard earlier this morning that the only comparable city is Tampa, but, in .fact, Miami is the only large city in the America without a public art program. New York, DC (District of Columbia), Philadelphia, Chicago, Houston, Dallas, LA (Los Angeles), San Francisco, all have advanced programs that are beautifying their communities and enriching their cultural environments. Miami is a world -class city and deserves at least the same. Public art is the most democratic form of artistic expression, free and open to all audiences. Public art improves the aesthetic environment, of course; but art also enhances kids' education, creates sense of identity, reduces crime, attracts tourism, and measurably increases property values. As a stakeholder in Little Haiti, an incredibly creative community, I am excited for the opportunities this ordinance may bring to our public schools and neighborhood. Developing communities like ours, and Overtown, Allapattah, East Little Havana and others will finally incorporate public art and attract many new visitors. Lastly, I would like to say that I believe all neighborhoods in Miami should be treated equally. And while I understand that some areas are more experienced in arts than others, and should be able to determine what art to install in their area and where, the public art requirement or fee should be the same and calculated the same way for the entire City of Miami. Special preferential treatment, especially with fees, creates imbalances sometimes within the same district that are hard to overcome. Please approve SR. 1 and PZ.1 today to make Miami a world -class city. Thank you. Chair Hardemon: Thank you. You're recognized, ma'am. Meg Daly: Hello again. My name is Meg Daly, 1004 Cotorro Avenue. Thank you for allowing me to speak, Chair Hardemon and Commissioners. I'm here on behalf Friends of The Underline and I'm in support of item PZ.1, City of Miami's Art in Public Places Ordinance. As you know, The Underline will have 60 acres of new open green space in five miles of the City ofMiami. The pillars of The Underline are mobility, connected green space, and public art. The Public Art Ordinance you're reviewing today has the potential to fund public art along The Underline, as well as throughout the City of Miami, and will connect people displaced, and create a City ofMiami Page 132 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 healthier, more engaged community. This morning I heard a lot of people in favor of public art for our children, for me, for you, and for our residents and tourists. And the opposition doesn't appear to be opposed to public art, but rather, the Administration of collecting and disseminating those funds. That said, I'm very impressed with this City Administration and this Commission, and know that you have the ability to figure out this ordinance today. Please approve this ordinance so we can start making art more present in our lives. And we invite everyone to attend Under Art in front of the Brickell Metrorail Station on Saturday, from 2 to 5 p.m. Thank you. Chair Hardemon: Thank you. You're recognized, sir. David Polinsky: David Polinsky, 1040 Biscayne, Miami, 33132. I'm. a -- speaking here today as a Wynwood BID (Business Improvement District) board member and also as a private developer in Wynwood. Who doesn't like art in public places? I'm sure everybody in this room would agree opposing the notion of art in public places is a little bit like saying you don't like babies or puppies, but I think the greatest supporters of art in public places, in. fact, have been the property owners and tenants, and visitors to Wynwood. Wynwood is a neighborhood where everybody conies to celebrate art in public places, and that's why the property owners of the BID have invested there, but there's a fundamental problem, which is the legislation, as drafted, in PZ.1 and SR.1; have definitions of art, definitions of artists, definitions for means and methods for preserving art, and covenanting their preservation that are fundamentally incompatible with the reasons that Wynwood has been successful. Our artists are not recogni -- internationally recognized in galleries, necessarily. Our mural arts can't be appraised, because they're not_for sale, and we intentionally paint them over oftentimes, as often as once a year, for Art Basel. So I think we've asked that -- the Wynwood BID has asked the City for -- while the BID is in support of art in public places for the City, we've asked for a carve -out for Wynwood, because we already today have, through the NRD (Neighborhood Resource District) and through our Wynwood Design Review Committee, a mechanism for reviewing art; and, in fact, of the 15 projects that have been presented to the WDRC (Wynwood District Review Committee) to date, since its inception, even in the absence of art in public places legislation. On each and every project, the WDRC has imposed conditions about the placement of art on those buildings. So we'll circulate a proposed amendment to Section 11.6, assuming that it's supported by your -- by the Commission after your consideration, and we're very much in support of (UNINTELLIGIBLE). Thank you very much. Chair Hardemon: You're recognized, ma'am. Debra Wechsler: Hello. My name is Debbie Wechsler. I live at 5299 Hammock Drive, Coral Gables. I'm the chair of the Friends of The Underline Art Advisory Committee. I'm here today to give my support to ordinance PZ.1 for art in public places. We are very excited that this is a potential funding source for 5 of our 10 miles of our linear park. This would affect the Brickell, Vizcaya, and Coconut Grove Stations. Public art connects people and places, and provides universal exposure to creativity, conversation, and expression. Art Basel has brought the global art world to Miami's doorstep, and our vision for The Underline art would equal -- would expand this theme year-round. Our congresswoman, Ileana Ros-Lehtinen, as Meg pointed out earlier, spoke out for The Underline yesterday of the floor of the US (United States) Congress, and told them what a wonderful addition to our city it would be. I have letters of support here from several of my committee members that have been sent to each of you. Thank you very much. Chair Hardemon: You're recognized. City of Miami Page 133 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Shari Neissoni: I'm Shari Neissoni, with RedSky Capital, located at 2 Northeast 40th Street, Miami, Florida 33137. I'm here on behalf of RedSky, who's an investor in both the Design District and Wynwood areas of Miami. We're at the forefront of a few developments and a design of other developments in both neighborhoods. RedSky is a big advocate of both of the areas, and is invested in developing and enhancing both neighborhoods. We're invested in creating and enhancing the artwork that's there, and are doing so in our development; those that are at the forefront of construction and those that are being designed and (UNINTELLIGIBLE). We do believe in art in public places, and we think art is an important part of both areas. However, we feel that this proposed legislation does need some more time to be baked out, to allow developers and other people in the private sector time to figure out projects and the way that it affects us most. We would like to propo -- we ask the Commissioners to think about the long-term effects and the way that we can better enhance both neighborhoods, and think of the best way for cities to do so, to think about both in artwork in the long-term in both areas. Thank you. Jennifer Matos: Good afternoon, Chairman Hardemon, Vice Chairman Russell, Commissioners. My name is Jennifer Matos, and I live at 10630 Northwest 88th Street in Doral. I'm the operations manager of Friends of The Underline. I'm here today to speak in favor of the City of Miami's Art in Public Places ordinance, item number PZ.1. As a resident of the City and a member of -this excellent nonprofit organization, I truly believe that the impact that this initiative could have is immeasurable. I humbly believe that art is the purest form of expression and creativity; that when exposed to a large population, can be the drive of integration and acceptance within communities; something that perhaps we need now more than ever. 1 would further like to express my support in applying a portion of this new potential_ funding source towards the five miles of The Underline that lie within the City of Miami. We have a talented art committee; a myriad of fine artists in a growing city, blessed with so much talent; and an interesting and yearning public that is just waiting to benefit from this initiative, and he able to further enjoy this spaces in which we are privileged to live in. I'd also like to mention that we had other individuals coming to speak in favor of this ordinance, but unfortunately, had to leave early. This includes Margaret Niece, Stephanie Reid, Rafael Barros (phonetic), and Alexandre Ramirez. With that, 1 kindly ask that you please vote in favor of this ordinance. Thank you. Gita Shandasani: Good afternoon, Chairman Hardemon, Vice Chairman Russell. My name is Gita Shandasani, resident of 1 Grove Isle Drive, Apartment 96, Miami, Florida. Commissioner Gort: Get closer to the mike. Ms. Shandasani: Oh, okay. Start again. My name is Gita Shandasani. Pm a Miami resident who works for the Friends of The Underline, with a passionate interest in art. I spoke the 1 percent of total construction costs in park -- in art public places ordinance, PZ.I. I believe everyone here remembers May 7, 1983, the public art installation, the pink day of the surrounded islands of two temporary installations by Christo, which was viewable by the public boat, bridge, and plane. I heard about it in London, as it made Miami an international art sensation. Art in public spaces [sic] creates an outdoor democratic museum and an outdoor setting that's free to all viewers. The communal activity -- its reached can be powerful for communities and neighbors. It's free. You don't have to order tickets. You can enjoy it alone or with friends. It's open to everyone. It creates an attachment and memories to the place. Miami needs more public art to make it into a truly cultural city. I ask your support for the Art in Public Places Ordinance for The Underline, which runs through five miles of the City of Miami. Thank you. Chair Hardemon: Thank you very much. You're recognized, sir. City of Miami Page 134 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Joseph Furst: Good afternoon. Joseph Furst, Chairman of the Wynwood Business Improvement District; address is 2214 Northwest 1st Place. So we all love public art. We've been working on public art projects in the City of Miami for the last decade in Wynwood. And although the program seems great on its face, the reality is that every single piece of artwork within Wynwood that has become one of the greatest tourist attractions for people to live and exist amongst public art wouldn't quay under this program. We've done more in Wynwood to try to self -govern ourselves to make sure every project that we do adds, and is a creative to what we've created. We've created our own Wynwood Design Review Committee. Every adaptive reuse project, to even having storefront enhancements, has to come through that committee for review and discussion amongst that developer's peers, and we believe that our Wynwood Design Review Committee is more than sufficient to carry the weight of viewing and reviewing art projects. I also believe, personally, in working with many artists that a lot of the upstart artists and the young entrepreneurial artists that have created that amazing landscape have no chance of qualifying. So what I've really find [sic], this is discriminatory against young artists, who are trying to make that are mark in the world, and really catering to larger developers, who are looking to have beneficial ways to put their art collections on display in their private development projects. So although I think the legislation, as an idea, is .fantastic. I think, as it relates to Wynwood, specifically, it needs work; and, of course, we've proposed a resolution that we're comfortable with. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Alberto Milo: Good afternoon, Mr. Chair, members of the Commission. Albert Milo, offices at 444 Brickell Avenue, principal with Related Urban Development Group. I'm here to speak on behalf of PZ.5, the Mixed -Income Ordinance for the comp plan amendment. Again, 1 want to commend staff for working on this item, and 1 know Commissioner Carollo was also promoting the sponsorship of this item, because I think that -- and we've had this discussion before -- you've traditionally seen and there's dedicated funding source for development of affordable housing, which we do, but the biggest need and the biggest crisis now that you're facing is the fact that you don't have a lot of development of workforce housing, and what this ordinance allows you to do is to promote mixed -income developments, a portion of which will be affordable, a portion of which will be workforce, but more importantly, a 5 or 10 percent piece that'll be extremely low-income housing, and that's what allows you to get that density bonus, and it's those other units that allow you to have better economies of scale and produce the type of different income levels that we need. So, again, I applaud the City in being proactive in taking this approach to creating mixed -income developments in the City of Miami. Chair Hardemon: Thank you, sir. You're recognized, sir. Aldo Bugallo: Good afternoon, ladies [sic] and gentlemen of the City Commission. My name is Aldo Bugallo. I reside at 1625 Northwest 26th Street, and I'm -- I am speak -- I'm going to be -- I am speaking in -- jroPZ.3 and PZ.4, opposing. Since August of 2016, we've been trying to come to an agreement to -- with Venture, LLC (Limited Liability Company) and Sedanos in regards to a plan that does not affect the residents, that keeps a -- the peace and the tranquility of the area, and at the same time, allowing them to proceed with -- you know, with their project. So what I -- what we, the residents, have came [sic] up with is a proposal that -- where their initial building will be turned 180 degrees, and a eight -foot wall will be put along the side, allowing for no pedestrian access, no vehicle access, and all business will be conducted through Northwest 24th Street. So, that 'd be all. Chair Hardemon: Just a quick question, sir. Did you turn this into the Clerk? City of Miami Page 135 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Bugallo: Yes, sir. Commissioner Gort: Yes. Chair Hardemon: Okay. Mr. Bugallo: Yes, sir. Chair Hardemon: Just want to be clear. Is that all you have? Mr. Bugallo: Yes, sir. Chair Hardemon: Thank you very much, sir. Mr. Bugallo: Thank you. Chair Hardemon: Thank you. for coming. You're recognized, sir. Ethan Wassermann: Good afternoon, Mr. Chair, Commissioners. Ethan Wassermann, with Greenberg Traurig, 333 Southeast 2nd Avenue, here on PZ.1. First, I would start by saying we support the Builders Association request to bifurcate this item, to allow government projects to continue today, but to bring back the private sector development. In the event this item is not bifurcated, then we would request a friendly amendment; that in the vesting section of this legislation, waivers, warrants, variances, and exceptions that have been submitted are vested. We would ask that dry -run submittals be included in that vesting language. We had a project, for example, that was also intended to be submitted with waivers. I know, over the past several months we've been meeting with staff. And through staff guidance and positive suggestions, we actually eliminated the need for some of our waivers, so now we're left with a project that doesn't vest, because it's going as of right. So we would ask that dry -run submittals be included in the vesting language. And we've spoken with staff and staff supports that minor change. Second, and just for the avoidance of doubt, on the application checklist, again, for vesting purposes, it requires FAA (Federal Aviation Association) approvals, DERM (Department of Resource Management) approvals, and a traffic methodology submittal. Those are not normally required at the time you submit your application, so I'll submit for the record a markup of the application checklist so that you can go through it today. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Steve Wernick: Thank you, Mr. Chair, Commissioners. Steve Wernick; address, 98 Southeast 7th Street. I'll just touch on one issue that I don't think has been mentioned yet, which is how this relates to the County's program, and the effective date and options that a developer would have or even a property owner who has an existing building, because this does also apply to existing buildings if they go over a million dollars in renovations. The County's program only applies to government development projects, and so the time urgency of the City adopting a program that would be very beneficial for the program is to apply this to government development projects and comply with the County's program, those standards; and the City could then start developing the Public Art Master Plan, put together the Art in Public Places Board. Those things still have many months to happen. The effective date of the legislation would impose a 1 percent fee on construction costs immediately on building permit applications. So because the alternative and -- the alternative for the placement of the art on site, as opposed to paying the fee, you have to go to the Art in Public Places Board and have them review it and vet it out. That could be many months before an applicant can get there. Their only option might be to pay a fee, and so, it acts more City of "Miami Page 136 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 like an impact fee than a development standard, and I think the time aspects are a little bit off I think you've heard a lot of support about public art in Wynwood and Design District and all over the City. The City's been great at it. I think, if you get the timing right and start working on the program, that gives you time to refine some of the development standards and how it applies, and make sure that people are comfortable with it. Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: I just want to verify. So, just like the last gentleman that spoke, so what you're saying is to bifurcate it and -- approve the public buildings, but bifurcate the private buildings to a later time? Mr. Wernick: I think that's -- it's a good option. That's what the Builders Association had mentioned in the letter. It allows .for the approval of the program and the creation of the program, and then it allows for the appropriate amount of time to see how it's going to impact different neighborhoods, and the. fee equity in the options that you have to satisfy the program. Commissioner Carollo: I agree with you, by the way. Chair Hardemon: Okay. Commissioner Suarez: I'll move it like that. Chair Hardemon: No, you can't move it yet. You can't move it yet. Commissioner Suarez: Why not? Chair Hardemon: It's a 5 o'clock time certain. Ma'am, you're recognized. Commissioner Suarez: Oh, it's a time certain? Monica Sernaque: "Buenas tardes. " Commissioner Gort: She needs a translator. Ms. Sernaque: "Mi nombre es Monica Sernaque." Chair Hardemon: "Uno momento, por favor." Commissioner Gort: "Esperate un momentico." Ms. Sernaque: Okay. Chair Hardemon: (UNINTELLIGIBLE). Ms. Sernaque: Okay. No, I -- Unidentified Speaker: I'll translate fir her Commissioner Gort: Who's going to --? Ms. Sernaque: (UNINTELLIGIBLE). Commissioner Gort: Okay, fine. City of "Miami Page 137 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Barnaby Min (Deputy City Attorney): We have a translator, I believe. She simply needs to come to the podium, please. Chair Hardemon: Oh, there she is. Ms. Sernaque (as translated by Official Spanish Interpreter Amine Sarabia): Good afternoon. My name is Monica Sernaque. I am a widow, and I am the owner of 1605 Northwest -- Commissioner Gort: 26th Street. Ms. Sernaque (as translated by Official Spanish Interpreter Amine Sarabia): -- Miami, Florida 33142. Yeah. 26th Street. I'm an owner affected by the business of Sedanos. I'm not opposed, but the only thing that I want is they don't -- I don't want a door. She doesn't want a door in front of 26th Street, please. We want -- at least, I want protection, because I live alone in my house, and that is going to bring too much people. You know how businesses are. I don't want to enter in details, because you know -- Chair Hardemon: Can you do me a favor? Can you tell her to slow down just a little bit to allow you to interpret some of the things that she's saying -- Ms. Sernaque: Okay. Chair Hardemon: -- so that we can have it properly reflected on the record, okay? So when you speak, you say a few words or a phrase, and then allow her to interpret. Ms. Sernaque (as translated by Official Spanish Interpreter Amine Sarabia): Okay. Okay, okay. Yeah. In one word, what she wants is protection, so she would like there to be just a wall, no doors, because that will be dangerous for her. I live alone, and I work at night. She works late. Sometimes she gets home at midnight and nothing has ever happened. With this business, there is going to be many people coming to this area, and it's going to be dangerous for us. That is what I want. So I want the Commissioners to take my place and please protect me, protect the community. Chair Hardemon: Thank you so much. Commissioner Gort: "Yo tengo seis mujeres en mi casa." I have six women in my house. Chair Hardemon: "Gracias. " Thank you. Ms. Sernaque (as translated by Official Spanish Interpreter Amine Sarabia): That is all that I ask. Thank you very much. I hope -- I wish for your understanding and for your help. Chair Hardemon: Thank you. Ms. Sernaqu (as translated by Official Spanish Interpreter Amine Sarabia): Thank you so much. Huy amable. Mucho gracias. Chair Hardemon: I would like to take -- thank you, thank you. Later... Chair Hardemon: Is -- you're recognized, ma'am, for public comment. City of "Miami Page 138 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Truly Burton: Thank you very much, Mr. Chairman. Truly Burton, from Builders Association of South Florida. I'm here on PZ.1. Just to reiterate what I related on SR.1 about the request at the suggestion of the Builders Association, again, we are in support of the Art in Public Places Program for government development projects, okay? That is -- we understand the City staffs urgency on that, and we appreciate that; that needs to get done. However; we do ask that you implement -- that you refrain from implementing the-- basically, an art impact fee on publicly -- privately financed projects at this time, and put in a sunset -- a sun -up provision, okay? A sun -up is bringing it back on a date certain, couple of years; let the economy kind of straighten out, because it's pretty soft right now, and also gives us a little bit more time to talk with the staff on the fee. The fee is, I think, excessive in this particular situation. While City of Doral and City of Coral Gables have their fees, they are not a city of comparable size. The city of comparable size is Tampa; they have .5 percent, not 0111 percent; could be up to 1.25 percent, as well, and they only have it adopted in the central -- implement -- applicable to their Central Business District, okay? We're not saying "no." We're just saying, "not yet, and not at this price "; also remembering that the benefits that we have in the City are numerous. Is that my two minutes? Chair Hardemon: No, continue. Ms. Burton: Oh, okay. We have award -winning, architecturally designed buildings. We've got art districts that are globally recognized, number one. Number two, any time costs like this -- of this magnitude are added to any project, I then think of workforce housing. That was an issue and is a continuing issue in this city, okay? So the issue is going to he priorities, okay? No one says "ugly buildings," not at all. What we say is, `Let's be smart about it"; a two-year sun -up provision so it comes back to you in two years, so that you all can consider it and discuss it and consider adoption at that time. That's it. Again, a sun -up provision for the privately funded projects, because it is basically a new impact fee. 111 give it to you for roads, water, sewer, parks, because Water & Sewer was up here this morning as an issue. Art is a tougher sale. So, again, bifurcate when it comes up. Thank you so much, Mr. Chairman and this Commission. Chair Hardemon: Thank you very much. Is there any other person here for public comment? Seeing no other person for public comment, I'm going to close the public comment section at this time. City of Miami Page 139 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 The following item(s) shall not be considered before 2:00 PM PZ.1 ORDINANCE Second Reading 1222 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS", MORE SPECIFICALLY TO ADD SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; AND ARTICLE 3, ENTITLED "GENERAL TO ALL ZONES", MORE SPECIFICALLY TO ADD SECTION 3.16, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ADDING A NEW ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13656 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Russell, Gort, Carollo, Suarez NAYS: Hardemon Note for the Record: For additional minutes referencing Item PZ.1, please see "Public Comment Period for Regular Items." Note for the Record: For additional minutes referencing Item PZ.1, please see "Public Comments for Planning & Zoning Items." Chair Hardemon: Mr. Assistant City Attorney, does PZ.1 have to be handled before SR.1? Barnaby Min (Deputy City Attorney): That is the suggestion, yes, sir, because there's no need to have a board if there's no art in public places. Chair Hardemon: Okay. So 171 bring our attention now to PZ.1 Francisco Garcia (Senior Director; Planning & Zoning): Thank you, sir. And mindful of the time, I'll make a very quick introduction. We're prepared to make a full presentation, but if that's not the wish of the Commission, Ill briefly introduce the item, and then entertain any questions or comments. I'd be remiss if I didn't single out the stewardship of this project over the last year by Efren Nunez, my colleague in the Planning & Zoning Department, who has been masterful at assembling all the concerned parties in the City and trying to cobble together what we think is a successful ordinance to present to you today. Thank you, Efren, for your effbrts. And I also would be remiss not to note the contributions -- the notable contributions to the ordinance by many parties and agencies in the City; but most importantly, perhaps, Miami -Dade County, Miami Beach Office of Art in Public Places, as well as the School Board, who have actively participated. I have -- and forgive me for the housekeeping -- two additional letters of support that arrived today, and 171 simply tell you who they are from; won't read them, into the record, but 171 introduce them into the record by way of copy. They are from Eva Regueira, director of City of Miami Page 140 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Governmental Affairs by Miami -- from Miami -Dade County Public Schools; and Anabela Mendoza, the Program Associate, a Miami Representative for the Venezuelan American Endowment for the Arts; they're in support of ordinance, as presented. That said, what I will tell you, Commissioners, is that this is an ordinance that we feel whose time has come. We think we've calibrated it sufficiently to address most, if admittedly, not all of the concerns. We want to acknowledge that the Wynwood Arts District, as noted in the ordinance, is an exception to the rule, simply by virtue of their very nature, the nature of the art. And we do acknowledge -- this is important to say on the record -- that the provisions of the Art in Public Places Program don't -- are not well calibrated to address the sort of art that has been so successful in Wynwood, which is why we agree that Wynwood should, in the end, have their own master plan and their own set of regulations that are better calibrated to their needs and to the success of the district. That said, because their master plan is not ready yet, and because the ordinance is ready to go today, if you see fit to do so, we have a gap situation between today and whenever their master plan is complete; and, for purposes of bridging that gap, we feel that the language they suggested to you earlier is appropriate, but I do encourage us to consider having those provisions replaced by the master plan, if or when that is accomplished. That said, one .final note, and 1'll entertain questions. As pertains to the capping or the bifurcation of this ordinance for private development, we are willing to consider -- and we said this in the many meetings we've had -- some sort of a tiered approach or a calibration approach. We thought we'd present to you today an ordinance that treats all development equally. To the extent that you feel that any sort of development or any sub -classic development merits special consideration, by all means, let us know. There are other solutions that we have to proffer, should that be the case. Happy to answer any questions. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. As I mentioned before, I'm okay with the art in public places with regards to government development projects. However, I think it should be bifurcated so that private development will be taken up at a later time. 1 believe with -- I believe in what the Builders Association mentioned, Mr. Wernick and others. And as far as the tier approach, you know, I mentioned that to you, Mr. Garcia, because Pm concerned that most any building now, small building, will be approximately a million dollars. So some, you know, residents that have, you know, the land to build may, be a burden. I'm not necessarily looking at, you know, the big development in downtown Miami. As someone mentioned that there's other places, I believe, in the US where you have certain areas that the private development does need the public -- the art in public places, or does have it, but in other areas, like, let's say, East Little Havana or Overtown, or other areas, I don't think that we should -- or at least, we should have some type of tier where it's much higher than a million dollars, but with that said, I'm going to move PZ.1, with the amendment of everything that deals with private development be out. Commissioner Suarez: Bifurcation. Second. Discussion. Commissioner Carollo: Right. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Yeah, I have several concerns, too. One is, we are at the end of a real estate cycle, and I think everyone acknowledges that, and I -- we had something similar at the end of the last real estate cycle before the beginning of the next real estate cycle, which was the green bond, and we City of Miami Page 141 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 converted the green bond from sort of a penalty to a much more carrot approach. And, you know obviously, you have areas that are already well in compliance, like Wynwood, but you also have projects that are even workforce housing type projects, like the one that the Mellows (phonetic) just opened that had a beautiful art piece. You obviously have the project that just opened across the street that has another beautiful art piece. The second concern that I have is -- and you have to look no further than Coral Gables for an example. You have the government in control of making these art decisions in terms of how they spend the money. And if you look at what happened in Coral Gables -- and I have friends that are on the Coral Gables Commission, and I respect them very, very -- tremendously, but you have sort of a little mini revolt happening in Coral Gables right now, because they -- I think it was like a million dollars that they spent on two art pieces in the center of Coral Gables; and you have, I think, 1,500 residents that have petitioned against those art pieces. And so, you know, I fear, you know, that we are sort of too involved in that process. So I like the phasing approach. We've done the phasing approach on a multitude of different programs, like PACE (Property Assessed Clean Energy), which is a great program, but we phased it in little by little. And I think these are the kinds of things that, if we were in a cycle that was going up, or even at the zenith of the cycle, I don't think you would have gotten much resistance. I think, when you do something like this at the tail end of a cycle is where you get a lot more of that resistance. So those are the concerns that I have. So I think bifurcating at this point is a good option, and then we can revisit it 12 months down the road, you know. I think one of the things that distinguishes us as a city is right now, I -- you know, what is making us unique and different is that we keep opening up art facilities, art -- we're investing in art. We have the ICA (Institute of Contemporary Art) that's about to open. We have a tremendous amount of galleries, et cetera. So, to me -- I mean, obviously, we want to emphasize art, but we also sometimes make it difficult, for the private sector to locate its art pieces on our public properties, and that's something that 1 think we could do a better job at, but in terms of taxing the development community, that, to me, is a concern at this particular moment. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Vice Chairman, you're recognized. Vice Chair Russell: Thank you. I'm glad to hear that this -- I really wanted to understand in the discussion -- I was hoping before we got to a motion -- of why you'd be looking to bifurcate and delay; if it was just it needs to be baked a little more, or if it had to do with the cycle. I think I understand a little better. I think when Efren and Francisco started working on it, we were probably at a different point in the cycle. They'd been working on it for so long -- Commissioner Suarez: Yeah, that's true. That's true, by the way. Vice Chair Russell: -- you know. And to their efforts, I really think they developed a program that could change the face of Miami in terms of the way we display, art, look at art, but you also have to remember, there was a -- 10 percent of that fee was going toward historic renovation and also preservation. There was a big portion going to programmatic. You know, could it use some tweaks, perhaps? And the bifurcating, I would only be in favor of that if we were looking to do this in the near future; to do it, but in the best possible way. I was ready to do this today, making some considerations for Wynwood, and I see Francisco's already ironed that out. I wanted to get some clarification on that. But the motion on the floor is actually, to bifurcate and table till when, the second half? What are we thinking about? Commissioner Carollo: Well, to making a motion, what I see is when Mr. Garcia feels ready to bring something before us. So I think right now, with the government City of "Miami Page 142 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 part, I think we all feel okay with it. I haven't heard from two other members of our Commission, but I think, you know, there's a consensus for that. But the private sector part, I think whenever Mr. Garcia feels comfortable and comes to see us so we could actually address any issues that we may have. For instance, mine's a little different from Commissioner Suarez. I want to make sure that the lower -end developer or owner of property -- because nowadays, for a small building of a million dollars, it's really, you know, not farfetched to reach a million dollars real quick for - - I don't want to say four, but maybe six unit. So I want to make sure that they're not burdened or there's not an additional burden, or the construction cost doesn't increase to a point where they may not want to build it, they may not -- it may not be feasible for them to build. Commissioner Suarez: Mr. Chair, Mr. Chair. I just -- and I would just add something -- a separate concern. Like, .for example, if we were -- and I know that, obviously, I -- The Underline is kind of one of my favorite projects, but if you were to tell me, "Look, the money that we allocated are going to go to an already -approved concept, like The Underline, where you know what art and how it's involved in a specific project," that would make me feel a lot more comfortable, for example, than, "It's just going to go to this board that's going to make these decisions." Do you get what I'm saying? Vice Chair Russell: Min-hmm. Commissioner Suarez: So, to me, that's a little bit ripe .for problems, because that's what I've seen, historically, with other people, like making decisions; we're going to spend public money on art. And there's been scandals throughout the year about people being the pain for commission of art, and then all of a sudden, they don't deliver, or whatever the -- or it's just too much. And there's all kinds of value judgments and assessments with should -- you know, you're overpaying for a piece. Should you be paying this much money for this or that, or the other? So it gets -- it could get a little controversial on that, in that sense. Chair Hardemon: Mr. Vice Chairman, is that --? Vice Chair Russell: Thank you. No, I do have a additional question for Francisco. I recall that in its initial concept, including private development, as well, we were optimistically hoping, depending on the cycle, to generate between an 11 and $13 million find per year for this. If we only looked at the governmental side of things, do you have any idea of what we would possibly generate? Mr. Garcia: Because I have no data to back it up, I will simply say, to be as factual as I can, that it will be diminished significantly. You would get nowhere near that. We, the City, would get nowhere near that. That is a certainty. Please bear in mind, also, that affbrdable housing development is exempt from the terms of the ordinance, as appropriate. And so, to the extent that the concerns have to do with the mechanics, and having something in place that everyone can have some comfort with, we hear that, and we can be sympathetic to it, but I have to say that bifurcating it long term, I think, severely compromises the soundness of the program. Vice Chair Russell: They simply won't have the tools available to effect -- I mean, as a board, the board really will not have a -- Mr. Garcia: It'll simply linger until the additional infusion from private development kicks in. And may I emphasize, may I emphasize that this program, or programs like it, are thriving in other cities that are comparable to Miami in scale and that are undergoing much weaker development cycles that have recently or expect to have in the near future? City of "Miami Page 143 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: Mr. Chair. Chair Hardemon: You know, if I may? I think that, as it's been termed "bifurcation, " it's just gutting this legislation. Bifurcation of this legislation, to me, is the death penalty to this, because there is not enough public projects to support -- if you were having a find to be created -- that JUnd. Now, as I understand, the buildings that are doing development could actually produce the art, you know, and that is, of course, what we would like. We want the proliferation of art in this city, and if you're not willing to do it, then pay, and then we'll create some sort of art in the City for you. That is -- that's the ultimate scenario, so not for it to be a piggy bank for the City of Miami or some board. Certainly, as the Vice Chairman put it, there are a number of perfectly good things that will be planned to do with the funds that go into that actual fund. And so, when I look at the legislation -- and I'm looking at Section 11.4(b)1, "Applicability." When I look at that million -dollar number, to me, it looks like a poison pill, you know. Was this put intentionally to --? Vice Chair Russell: Meaning it's too low? Chair Hardemon: I mean, it is, of course, too low. I mean, the number -- it is very low. A seven -unit -- I completely agree with my colleagues that a seven -unit apartment building could easily cost you a million dollars. You could look at a commercial building that could be -- you could look at any type of building depending on the square footage -- and I'm assuming the square footage is -- a million dollars is not much, especially when you have a 40-year recertification; you have to put -- plan, design, construction. 1 mean, this is -- that's a very low number. So, you know, what 1 would reasonably think would be the best thing to do is to raise the number. You know, do you make it three million? Do you make it four million? And there are significant amount of projects in the City of Miami that exceed $4 million, and so we're not asking this to be balanced on the backs of those who are -- you know, "1 inherited 20,000 square feet from my family. We're trying to build an apartment building so I can pass on some income to my children." I don't think you balance it on those people. I think there are enough projects that are iconic in the Southeastern United States, enough to generate some revenue, if you will, for programs and such, in producing art and preserving historic sites, and there is -- and in those -- in that same light, there are enough buildings like that that would decide to produce art for themselves. And so, we've seen affordable housing developments create art, and this was long before this create -- They did it because they realized, idly, that art is smart when you're trying to infuse it into a development. And so, I think Wynwood has shown that art is smart. You know, people come to see it. If I see another selfie with -- in Wynwood, I mean -- If had a nickel for every selfie that was taken in Wynwood, you know, I could create my own art fund, but -- so I'm saying that to say, I don't think that bifurcation is an issue. I would rather not even vote on it than to see it bifurcated, because I think that once you bifurcate it, you've really lost the zeal. And so, it's kind of like you're calling it one thing, but it's really not. You say, "This is a car, a vehicle that's going to take you from point 'A' to point 'B,' and it's really not; it's a skateboard, and we know what happens when Commissioners get on skateboards. Vice Chair Russell: Oh, my God. Chair Hardemon: Vice Chairman, you're recognized Commissioner Gort: He knows it well. Vice Chair Russell: Thank you. Thank you. My wife doesn't let me on skateboards anymore. City of Miami Page 144 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Mr. Chairman. Chair Hardemon: No. The Vice Chairman -- you had something? Vice Chair Russell: Go ahead. Chair Hardemon: Oh, okay, please, and then Commissioner Suarez. Commissioner Carollo: Mr. Chairman, so you just mentioned exactly what my issue is, and that's why I mentioned it to Mr. Garcia, as far as maybe doing some type of tier. You know, maybe not starting at one million, but, you know -- I don't know what that amount is, and that's why I wanted to bifurcate it and have that extra time. Maybe the amount is four million, or maybe, you know, one million or four million only pay, you know -- Commissioner Suarez: Quarter penny Commissioner Carollo: Yeah -- a quarter of 1 percent, or half of 1 percent, and I don't know what that is, so I would like time to in order to actually, you know, analyze that, or let the Administration analyze that, and see exactly what it is, because I don't want to penalize, you know, that small developer or that -- you know, that owner that inherit property, or so forth, and then wants to develop a little bit. It's not going to be a big, huge skyscraper, but then it's going to he an additional cost (UNINTELLIGIBLE). Chair Hardemon: And I'll tell you, you know, when you talk about a residential development, a seven -unit apartment building, just putting paint on it changes the look of the apartment, so even if it was just -- the color was just a color that was paint -- that the Code Enforcement was not citing them for is good, you know. In our district, we have the -- we have a program to paint seniors' homes, because the paint is in bad shape. And when you drive down the street where you see a bunch of homes that aren't adequately painted, it looks bad, and so just putting a fresh coat of paint on a building is a good thing. So, you know, art is in the eye of the beholder. I certainly don't think we should burden small developments with art, but I think that we can cure this today. You know, I don't think that it takes pushing out for another two years for private development to start, finish, or whatever, vest, however you want to put it, before we start to really do this. I think, you know, the reason this is before us today is because Francisco believes that it's ready to go. Could there be some changes? Of course. Should Wynwood be considered? Yes. You know, because we don't want to do anything that's going to, like I said, burden, really, the market, burden everything. When you look at these developments that are spending multimillion dollars -- I mean, they pay a lot of for attorneys, they pay a lot for a number of different things, and one of the costs that they're going to consider is something that they're going to brag about in the. future, you know. It's like a Fortune 500 company talking ill because they hire some interns. You know, they don't talk bad about that; they brag on that. It's an expense. It's the cost of doing business. But that's just what I had to say. Commissioner Suarez. Vice Chair Russell: What's your recommendation, Mr. Chairman? Chair Hardemon: I mean, I want -- Alberto Milo: Got a question. Chair Hardemon: -- to first -- I always want to take into consideration all the -- everything that each of us think is important in this. I think that -- but, personally, I City ofMiami Page 145 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 think that we could raise that number of the buildings, the cost of the buildings. I don't think you should identify it by the number of units, because in Wynwood, you have a luxury building that -- I don't know. You probably have about six or seven units in it, and the cost to produce -- how many? 10? It's about 10. But these are some of the most expensive square footage you've ever seen, you know, so the number of units, I think, can sometimes be -- you can have the same square footage with two units. Commissioner Suarez: Mr. Chair. Chair Hardemon: So all I'm saying is that it should -- maybe the dollar amount could be raised and also -- and we accept the language that the NRD-1 has proposed, and really start to look at how we can start to infuse art, because the only art that I'm starting to see and that pops up without a problem are billboards and murals, and that's not cool. You're recognized, sir. Commissioner Suarez: I think we should also consider workforce housing, exempting workforce housing. I mean, we are -- as a Commission, we have exempted impact .fees for workforce housing, so long as the project remains workforce housing. I think that's something that we should consider as well, because if we're trying to promote -- I think we have the largest -- or the highest rental expenses per income categories in the United States, according to the Census Bureau. So I just don't see how adding a cost to a project is going to better that -- Chair Hardemon: 1 agree. Commissioner Suarez: -- thing. Chair Hardemon: 1 agree. Commissioner Suarez: So -- Chair Hardemon: In the "affordable housing" definition, is "workforce housing" a part of that? Commissioner Suarez: No. Chair Hardemon: Because it can be -- I know that's an umbrella term. Mr. Garcia: Sorry. It makes reference back to the definitions otherwise contained in the Code, so I'm afraid it would leave out workforce housing. Chair Hardemon: Okay, so you will need to address that. Yeah -- Commissioner Carollo: Yeah. I was under -- Chair Hardemon: -- I would agree. Commissioner Carollo: -- the impression it did address it. Commissioner Suarez: So it does not address it? Commissioner Carollo: It does not. Chair Hardemon: Right. No, no, but I'm saying -- Commissioner Suarez: Right, right, right. City of "Miami Page 146 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: -- I agree with what you're saying. Commissioner Suarez: Yeah. And I think -- I agree with what both of you are saying, which is maybe it should be tiered for size of the project, at the very minimum, because I will tell you -- and look, you know, we are going -- we are in a down market. Our -- even our revenue, our values indicate that we're in a down market. We went from 14 percent growth to 11 percent growth to a forecasting 9 percent growth, so we are declining. We're in a down cycle, and from a timing perspective, I think it's not the best time in the world. And I agree with you, by the way. I think you said it, Vice Chair. You're absolutely right. And it's no fault of Francisco. He's had this ordinance on the books for a couple of years, I think -- one year. We were in a better situation a year ago. We're -- but I think it's evident that we were in that, and I can tell you because of what I do on the private side that lenders are holding back, and they're not lending a lot. That's something that is definitely happening. And so, you know, anything that add -- you know, we think that development is not fragile. Ah, whatever; 1 percent, it's not. fragile. Doesn't -- you know, it's not going to affect the project; it's just 1 percent. It does affect it, because that affects the return on investment, which can be extremely fragile on a project, particularly with the land costs, as high as they are. So you just never know when you implement, you know, the -- I shouldn't say this, but, sort of, "The path to hell is lined with good intentions," right, which is that, you know, you have good intentions, and then you don't realize how many projects you might actually be killing. Chair Hardemon: 1 agree; the numbers are very important. 1 do think that, you know, excluding workforce housing, because it's really solving a need, raising the number in which -- the threshold that triggers art in public places and -- Commissioner Suarez: What about tiering it? What about tiering it? Chair Hardemon: Tiering, raising -- I mean -- Commissioner Suarez: And tiering. Chair Hardemon: -- I think raising, definitely, you know, changes things. Commissioner Suarez: And tiering it. Chair Hardemon: Tiering could work as well. Commissioner Suarez: All right. Chair Hardemon: But then also -- and I mean, you can always take a look at the percentage that you're charging, you know. Commissioner Suarez: That's what I'm saying, tiering the percentage. Commissioner Carollo: Right. Chair Hardemon: Right. So, I mean, there's different ways you can go about doing it. I think those are all reasonable that don't take two years to get done. Commissioner Suarez: And it won't gut them. It won't -- Chair Hardemon: And it won't gut it. It won't -- I want to be able to -- I want to walk away from this and say -- I don't want the article to, basically, say, "The City of Miami has art in public places, but not really," you know, so. City ofMiami Page 147 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: But there is -- and I'm sorry. There is an administrative part that am a little bit concerned about, because how that's going to be -- who's going to make the decisions of what we're going to invest it? That does concern me. I'm just being honest with you guys. Chair Hardemon: I mean, I -- remember, I had the concern about using these dollars to renovate historic properties that are private, you know, because, you know, what's historic property? And if you do have a historic property, then why is it that yours gets the dollars versus a public? Commissioner Suarez: And art, it's intrinsically -- it's very, very much in the art of -- in the eve of the beholder, and its value is very intrinsic, so it's not like, you know, you're buying a car; that you can just go out and, you know, buy a bunch of cars and - - you know, it's very subjective as to what the value of it is. Commissioner Gort: Very subjective. Vice Chair Russell: Can we put a time limit on bringing phase two, or at least for Francisco to bring us --? Commissioner Suarez: Sure, absolutely. Vice Chair Russell: 1 mean, these are all very good things to -- Commissioner Suarez: Absolutely. Vice Chair Russell: Francisco, would you prefer a two-step bifurcation versus deferring the whole thing? Is it -- if you had -- I mean, 1 know what you'd prefer, and I'm --1 mean, 1 was ready to go with this today, and even if we could incorporate a few amendments. 1 see the will of the Commission seems to be to bifurcate, but I don't want it to be that we're bifurcating and then forgetting about phase two. I really think this program could have legs with the right potential amendments in it. Chair Hardemon: 1'll say that I didn't say "bifurcation. " I'm saying, "No bifurcation." Vice Chair Russell: I agree. I'm against the bifurcation at this point. I haven't heard where Commissioner Gort is. I know we've got a motion and a second But if we were to bifurcate with a bring -back in the very near future with -- it's just about tweaking, then I'm -- then I would be willing, I'd be on board with that; but if it's really a gutting, then I'm not. Mr. Garcia: Right, and so 171 say two point -- two things briefly. There is, I think, significant value in activating the program and getting the mechanics taken care of appointing the board, and putting that in place, so that we can actually take ownership of the program from Miami -Dade County, which presently manages it -- right? -- as pertains to the public development component. And so that will give, I think, everyone a level of comfort that the right board is in place, that the mechanics work, that we can actually begin to staff up these positions on our end; two positions that we're going to be bringing on board. And so, I think there is an urgency associated with that that merits your consideration of approving that portion of it today. To the extent that I hear what the Commission is saying, to the extent that there is an interest in exploring possibly unintended consequences as pertains to the economics of projects, and there is an interest in pursuing, perhaps, a tiered approach for different types of developments, we're certainly happy to explore that. We've begun to do some exploration already, and we could come back and present City of Miami Page 148 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 that to you as soon as, probably, the Planning & Zoning meeting of February, because we are fairly well advanced in our research. So I will yield to, perhaps, the City Attorney, to suggest the best way, mechanically, to accomplish both the implementation of the public development and the necessary mechanics of management today, and then I will commit to you that we can come back at the Planning & Zoning meeting in February and present to you the intelligence we obtained behind a tiered approach for your consideration, in consultation with your offices, of course. Chair Hardemon: So, it's basically a continuance. That's what I heard. Commissioner Suarez: That's fine. Chair Hardemon: That's what I heard. Commissioner Gort. Commissioner Gort: I think part of the -- what the private sector is scared of is funding as much as the delay, because you might come up with a plan how they do the art, and the board that sits there did not like that art, because it's very subjective, and I think we should -- we need to look into that. Chair Hardemon: Yeah. Okay. Commissioner Gort: Because, like someone was mentioned, it should be citywide. I don't think so. 1 think the art in Wynwood is completely different to what will be taking place in Little Haiti or in Overtown or in Allapattah. There's a different neighborhoods. They have different tastes. So this, we need to look into it. Also, the procedure that it would not hold development, because let's face it, the private sector, every time you hold a development a month, it cost money. Commissioner Suarez: It cost money. Commissioner Gort: People are paying interest on their loans, and that's a problem with the private sector. That's why they want to avoid as many problems as possible, so you have to make it sure that we can expedite the process. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Suarez: Art is smart. I'm not just so -- I'm just not so sure government involved in art is smart. That's the fear that I have. Chair Hardemon: So -- Commissioner Suarez: Show me examples between now and the continuance of places where governments have made good decisions with art and created art and used that as a vibrancy, and that would be -- Commissioner Carollo: Mr. Chair. Chair Hardemon: Yes. Commissioner Carollo: We're going to seek a deferral, and I think the consensus is to defer, but then what's the timeline? Should it be till March, or you need more time? I mean, what's the will of this Commission? City ofMiami Page 149 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Garcia: But would you please consider -- and I'm sorry to interject briefly, but would you please consider the activation of -- and again, I think I'm very much, if that's the case, in favor of the phased approach. Would you consider the activation of the component of these ordinances that pertains to putting in place the board, putting in place the mechanics of the program, so that we can then inherit from Miami -Dade County the administration of the Art in Public Places Program that already exists and already affects the City ofMiami? And then -- Commissioner Carollo: That was -- Mr. Garcia: -- and then -- Commissioner Carollo: Bifurcation. Vice Chair Russell: Bifurcate. Mr. Garcia: Yes. And then phase -- Commissioner Carollo: That's the bifurcation. Mr. Garcia: Right. No, precisely. (UNINTELLIGIBLE). Vice Chair Russell: He's going to bring back a phase two soon. Mr. Garcia: Right, which allows us to get our act together, so to speak, and then allows us to bring back to you, as pertains to private development, a tiered approach, as 1 think the Commissioning -- the Commissioner is interested in exploring. Chair Hardemon: Yeah, 1 mean -- Commissioner Carollo: Isn't that the bifurcation? Isn't that what we --? Vice Chair Russell: Yes. Chair Hardemon: Yeah. Commissioner Carollo: So -- Chair Hardemon: Right. Commissioner Carollo: -- I -- that's where we made the motion and the second and -- Chair Hardemon: (UNINTELLIGIBLE) you have -- the motion on the floor right now is to bifurcate. That's the motion on the floor. I'm saying that that's -- in my discussion -- Commissioner Carollo: No. (UNINTELLIGIBLE) what he's saying. Chair Hardemon: -- I'm not willing to bifurcate. I rather we just -- we do it all at one time, because it's not going to happen. You're going to have -- it's not going to happen the way that we think it's going to be if you bifurcate it. And you're going to have a board that's going to be struggling to find its identity, and then trying to -- It's not going to do what you intend it to do, but that's just my position. I mean, you're itching to say something. This is not the time for you to speak, but because you're holding a basketball -- Commissioner Suarez: Come on up. City ofMiami Page 150 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: -- of -- what is this thing called? -- portfolio, I'm going to let you say one thing. You're in the game. Mr. Milo: Thank you, Mr. Chair. Albert Milo, Related Urban. Just a point of clarification, because there's also a medium point as it relates to a public project that is under the domain of Miami -Dade County, like many of our public housing projects, including, the redevelopment of Liberty Square, which has the need for the Art in Public Place Program, but it falls within the domain of the City of Miami from a permitting perspective, so that's an -- not to complicate the dialogue, but that is another -- it's not a full private development, and it's not -- Chair Hardemon: Not full. Mr. Milo: -- full public, but it's in the middle there, and I'm not sure it addresses that, so as I'm hearing the dialogue, it's something else to consider that -- Chair Hardemon: But maybe that's -- Mr. Milo: -- probably needs to be ironed out. Chair Hardemon: Thank you. Maybe that's why it -- you know, it does -- this is good. 1 mean, being able to talk about these in the open is good, because now you can start to iron out these issues. It just takes more time. Commissioner Suarez: Mr. Chair. Chair Hardemon: And 1 don't think it's going to kill us to do (UNINTELLIGIBLE). Commissioner Suarez: Yeah. Chair Hardemon: If you're willing to bifurcate it and push it another two years, you certainly would -- Commissioner Suarez: I'm okay with continuing it. I don't have a problem, because at the end of the day, it's really the same thing; we're just calling it a different name. My -- everything we've -- I think everything we've discussed has been towards progress, okay? My only concern is -- let's assume we get past the -- increasing the limit, we get past the scaling up, and we include workforce housing, right? That's three components. My still -- still, my concern is implementation. Chair Hardemon: Yeah, the cost. (UNINTELLIGIBLE) saying -- Commissioner Suarez: Okay. No, no, implementation. Chair Hardemon: Yeah. Commissioner Suarez: Because -- okay. Again, City of Coral Gables -- I get -- I'm giving you an example of a city that tried to inject itself into art Commissioner Carollo: Just recently. Commissioner Suarez: -- just recently. I mean, in -- a few months ago, and it has created a massive -- Chair Hardemon: See, they should have stayed out of that, because -- City of Miami Page 151 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Vice Chair Russell: Art is controversial. Chair Hardemon: -- the City of Coral Gables -- Commissioner Suarez: It is controversial. Chair Hardemon: -- is already beautiful. Commissioner Gort: Yeah. Chair Hardemon: They should have just stayed out of it. Commissioner Suarez: And that's what I'm saying. Art -- Mr. Milo: That was part of their argument. Commissioner Suarez: That's what I'm trying to say, art is smart, but -- and by the way, they went and they hired the best consultants, and they got opinions .from everybody, and they all agreed, and all this stuff, and then there's just a clash between people who love contemporary stuff and people who just don't, and -- Chair Hardemon: Some people don't like Wynwood. Commissioner Suarez: It is what it is. You know what 1 mean? So it's just -- to me, the fear is us getting involved in that aspect. That's all. Chair Hardemon: Let me ask a question, though. 1f we don't get involved in it, will the County be involved in it, and we have to live by those standards? So 1 don't know --1 mean -- Commissioner Carollo: For the government part. Commissioner Suarez: For government. Chair Hardemon: The government part. Commissioner Suarez: Right. Commissioner Carollo: Not for the private. Commissioner Suarez: Right. Chair Hardemon: Does the -- okay. Commissioner Suarez: Right. Chair Hardemon: Please. Mr. Garcia: I was going to say that nothing -- So art can be controversial, and the more you push the envelope, the more it can be. Art, 1'll say, anecdotally, was very controversial in Wynwood at one point in time, right? Not everyone was a champion for the sort of art that Wynwood, you know, grew to champion and prosper from. That said, Commissioner, you, of course, will be appointing the experts and -- or the City of Miami is introducing as a concept that I think goes directly towards addressing your point is the implementation of an art master plan for the City of Miami, and through that master plan, we can actually adopt the standards and guidelines and considerations that you, I think, are concerned about. City of Miami Page 152 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: Look, again, I want to see how the implementation would be, because I think people have -- the success of Wynwood is based on the volume of people that go there, the money that's spent there. I mean, that's pretty clear. Again, I would feel comfortable, for example, spending or investing that money in the art in The Underline, because I've seen it. I've seen -- and I don't think it's controversial. It's just -- it's -- so, to me, it's how you implement the -- how you're going to implement this fund. That's what concerns me. I don't know if -- about you, Commissioner. Commissioner Gort: Yeah. Vice Chair Russell: I -- it seems the will of the Commission (UNINTELLIGIBLE). Chair Hardemon: All right. Commissioner Suarez: (UNINTELLIGIBLE). Chair Hardemon: So we do -- we'll do -- there's -- right now, the motion on the floor is to pass with bifurcation. Is there a notion that you want to consider to continue the item? It's up to you all. Commissioner Carollo: The thing is, 1 think we're speaking past each other. Vice Chair Russell: That's true. Commissioner Carollo: And 1 think every -- 1 think we're all in consensus that whether we bifurcate it or whether we defer this, our intentions is -- at the very least, we're okay with the government part; we need to have some work on the private. Vice Chair Russell: If we continue it, though, when do we -- any government project's going to pay into the County, and they manage it. Mr. Garcia: That's correct. Vice Chair Russell: So -- Commissioner Carollo: But that's why the bifurcation. Vice Chair Russell: Fair enough, and I'm in favor of that, as long as Francisco is bringing back phase two with the private portion, with the amendments that we're talking about, and for the discussion. Commissioner Carollo: By what; March, April? Mr. Garcia: February 26, we will be ready to go, sir. Commissioner Carollo: I think -- yeah, I think we need a little bit more time than that. Commissioner Suarez: Let's compromise. Mr. Garcia: We've been doing the research; we'll be ready to go. If you want some additional time, then that's your prerogative, sir, of course. Vice Chair Russell: All right. City of Miami Page 153 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Carollo: Yeah. Commissioner Suarez: Compromise on time. Vice Chair Russell: What do you recommend? Commissioner Carollo: I'd say the first meeting in April. Commissioner Suarez: That's fine. Six months and two months is four months, so four months is April. That's fine. Chair Hardemon: Any further discussion? We got a concerned lawyer. Mr. Min: Just so I'm clear, because I need the record to be clear. This is to amend the current ordinance so it applies only to government projects -- Commissioner Suarez: Correct. Mr. Min: -- with a directive to the Planning director to bring back an amendment to this amendment in two months. Vice Chair Russell: Two months. Commissioner Suarez: Another piece of legislation. Commissioner Carollo: Or another piece of legislation. Mr. Min: Okay. Chair Hardemon: Certainly, that other -- that -- Commissioner Carollo: -- to address -- Chair Hardemon: -- other piece of legislation would be a modification to the current amendment, right. Commissioner Carollo: -- the private development part. Commissioner Suarez: And by the way, just to keep you clear, remember that you passed an ordinance that we have to disclose the legislation two months in advance, so the reality is it's really four months (UNINTELLIGIBLE) two months. Vice Chair Russell: Unless there's a sponsor, yep. Commissioner Suarez: Right. Right? Mr. Min: Yes, sir. Commissioner Suarez: True? Okay, let's go. 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 PZ.1. Commissioner Gort? Commissioner Gort: Yes. City of Miami Page 154 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: Against. Mr. Hannon: The ordinance passes on second reading, as amended, 4-1. Chair Hardemon: I don't like bifurcation. That's all. City of Miami Page 155 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PZ.2 ORDINANCE Second Reading 1220 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DDRI"), ENCOMPASSING AN AREA OF THE CITY OF MIAMI ("CITY") UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") WITH THE EXCEPTION OF THE AREA ENCOMPASSING THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("SEOPW DRI"), AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO AN APPLICATION FOR DEVELOPMENT APPROVAL PROPOSED BY THE DDA; AUTHORIZING AN INCREMENT III DEVELOPMENT ORDER; APPROVING SAID DDRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE CITY'S PLANNING, ZONING AND APPEALS BOARD, SUBJECT TO THE CONDITIONS OF THE INCREMENT III DEVELOPMENT ORDER ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION AND THE AMENDED DDRI INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE INCREMENT III DEVELOPMENT ORDER; PROVIDING FORA TERMINATION DATE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.2 was deferred to the February 23, 2017 Planning and Zoning Commission Meeting. Chair Hardemon: If I can, let's try to tackle some of the issues that are on the agenda, from the PZ (Planning & Zoning) agenda. So right now we have -- so I'll skip over PZ.1. We have PZ.2. Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. PZ2, we are requesting be continued until February 23, and I'll explain briefly on the record why. We've recently obtained the information regarding the coefficients for the DRI (Development of Regional Impact) fees. Of course, Item PZ2 is the adoption of Increment 3 of the Downtown DRI. City of Miami Page 156 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PZ.3 1050 Department of Planning and Zoning Chair Hardemon: We'll take your word for it. Is there a motion to approve the continuance? Commissioner Suarez: What are we moving; I'm sorry? Commissioner Gort: Continuance. Chair Hardemon: Continuing PZ.2. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded. Is there any -- did you capture the time, the when, the place? Todd B. Hannon (City Clerk): Yes, sir. I believe you wanted to defer the item to February 23. Commissioner Suarez: Got it. Mr. Garcia: That is correct. Chair Hardemon: Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Carollo: And PZ.1, we're waiting till 5 p.m.? Chair Hardemon: We're waiting until after 5, that's correct, but 1 know that there are some other things we can get to. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM "DUPLEX -RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13654 City of Miami Page 157 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Russell, Gort, Carollo, Suarez ABSENT: Hardemon Note for the Record: For additional minutes referencing Item PZ.3, please see "Public Comments for Planning & Zoning Items." Chair Hardemon: PZ.3. You want to call PZ.3? Commissioner Gort: PZ.3, before you go on, I'd like to have a Jennings disclosure. I have met with the residents of the area, and also met with the developers of the area, and I've asked them to work together as a team. I have a format here that was presented by the residents in the area; I hope you have been able to look at this, because most of those things I was going to ask, for myself Javier Vazquez: I have not had the opportunity to see that. Commissioner Gort: You have not? Can you get him a copy? Unidentified Speaker: Sure. Commissioner Gort: Did you get a copy? Here's a copy. Mr. Vazquez: May 1 proceed, Commissioner? Commissioner Gort: Yes, go ahead. Mr. Vazquez: Thank you. For the record, my name is Javi Vazquez. I'm with the law offices of Berger Singerman, here on behalf of the applicant on PZ.3 and 4. Joining me is my associate, Nicole Sohn; and we have a number of representatives from the company here, including Mr. Armando Guerra; and also joining is Mr. Octavio Santurio, who is the architect on this project. This item -- just for a quick summary of where we've been -- was approved in -- at your 2000 -- October 2016 meeting on first reading; and then it was deferred in November on a -- on second reading, in order, like Commissioner Gort said, for the neighbors to meet with us, and I'll give you a little summary of what we've done since. Before I forget, I'd like to incorporate for the record my presentation from that October 2016 meeting, which will allow me to summarize and highlight the points that we need to speak to tonight without losing that record. So, as mentioned, Commissioner Gort did ask us to meet with the neighbors; and thanks to Francisco Garcia, who has participated in a lot of this process, we've had several meetings with the neighbors. In November, we met with the neighbors at Francisco Garcia's' office. A significant portion of that meeting was dedicated to an explanation to the neighbors of the fact that there's a T6-8-O zoning there now, and that there are certain things that are permitted as a matter of right, many of which, perhaps, will be much more intrusive than a Sedanos Supermarket. The day following that meeting, Mr. Garcia was kind enough to meet with the neighbors at the site. They walked the site, and the neighbors pointed out their concerns to Mr. Garcia; he communicated those to us, as well. Just before the Christmas holiday, in response to the comments that we received back, we have -- we submitted a plan to M. Garcia, which will be the plan that will be the subject of site plan review -- and I may need a speaker to -- and to summarize what we did -- Could I have the new one, please? While Nicole hands me that plan, this was the original City of Miami Page 158 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 plan. This is Northwest 17th Avenue. Northwest 26th Street is where the neighbors in question live, and at the time that we originally submitted -- at the time -- the original plan that was before the City called for a service and delivery driveway along the western -- on the north side of the property closer to the west perimeter, as well as another access point for customer parking. What we've done to specifically address the concerns of the neighbors is the access point that was at this point right here, this access point right here, we have agreed to close it. We have made -- we have agreed to make sure that this access point is no more, to where now the -- any customer coining into the store will have to come in on 24th Street side, and that is very specifically addressing one of those concerns. And Commissioner Gort, what I'd like to do, since I was just given this now, rather than address those points, I'm going to address what Sedanos is prepared to do, and then we can discuss them, combined with what the neighbors are asking for, because I think some of them are specifically addressed by the Sedanos company. Commissioner Gort: But I think we all agree, more or less, this is what we want to do. Mr. Vazquez: Fin sorry, sir? Commissioner Gort: I think we all agree, more or less, this is what we want to do. I mean, I stated this, from the beginning. Mr. Vazquez: I'm going to -- Commissioner Gort: Okay. Mr. Vazquez: -- in a very summary way, address what we've done. So the only remaining item on the 24th Street side is the service delivery entrance, which is very close to the 17th Avenue corridor. Sedanos is prepared to do a couple of things. One: At the time of site plan, we're prepared to work very closely with staff for purposes of establishing landscaping features that will assure that no trucks will ever park in the swale area fronting the property. Number two: We're very -- also prepared to work closely with the City with regards to the Code Enforcement Department to make sure that there's no queueing of trucks on the 26th Street side, fronting their house. And then last, but not least, Sedanos -- and I'd like to read from a memo they sent me -- will set very strict delivery procedures. Each vendor will be given a strict delivery time and a window for delivery. If they miss their window, they will not be able to deliver until their next scheduled time. Vendors arriving early can also queue in the south side of the property, and are prohibited from queuing on Northwest 26th Street. As I mentioned, since this will now be closed, the trucks will be allowed to queue on the south side of the property; they'll be allowed to come into the customer parking area, since those deliveries will usually be happening before store hours, and that will allow none of the queuing to happen here. Now, let me address an issue that I heard the neighbors mention, which I believe is in that list that you handed me, Mr. -- Commissioner Gort. I think the neighbors are asking that the store be flipped. Now, let me explain what happens went that happens. Our entrance is currently on the southwest corner of the property. There's a reason for that. This neighborhood, as you know it very well, Commissioner, a lot -- there's a lot of pedestrian activity. Many of the pedestrians that will be corning to the Sedanos stores will be crossing and using the traffic signal that is on 24th Street to cross and enter our store. The minute we are required to flip the store, two things happen. One: That that entrance becomes this entrance, and it becomes a danger for people trying to cross the street at 26th Street. Secondly, it puts all the activity on 24th Street for purposes of entrance, for purposes of service drive, and for purposes of customer parking. The key element to this process, which has been a dynamic process, Commissioner, as you know, we started with a significant number of people with City of Miami Page 159 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 concerns; we have dwindled down that concern. We have -- ourselves have submitted close to 300 signatures on a petition in support of this. This is a community that only has one shopping alternative, which is a Presidente Super Mart. Unidentified Speaker: And Winn Dixie. Mr. Vazquez: We have -- as much as we've worked -- and I've been a zoning attorney for over 20 years now. This has been a classic example of a process that has worked. Has the Sedanos site completely agreed with this one or two remaining concerned residents? Not a hundred percent. And I believe, Commissioner, that is because of the flip issue. But Sedanos, notwithstanding, is willing to keep working with staff as I mentioned with the site plan, to make sure that the landscaping features are there; keep working with Code Enforcement. And I believe, if I could, it's important to reiterate what we've done by covenant. And by the way, we're happy to add narrative to the covenant about the closure of that access point that I mentioned, but there's a couple things that need to be mentioned. One is that the property is being rezoned, as far as the two -- what was -- the houses that were there that are being rezoned can only be used for parking. There will never be an opportunity to build on those parcels. Number two: Notwithstanding the covenants provided in Miami 21 relating to landscaping, the owner is proffering a six-foot wall, to be constructed between the supporting property, which is the subject property, and the neighboring residential parcels located to the east of the subject property. And in addition, over and above the landscaping requirements of your Code, the owner will landscape an eight foot - wide buffer with mature silver bottom with trees, 12-foot in height, and centered every .four feet throughout the total length of the buffer. And then lastly -- and I mentioned this last time -- we had made sure that no service and/or delivery shall be conducted prior to 7 a.m. So these things, in addition, now we've added the closure of the access point on 26th Street, are evidence of Sedanos working very closely with this community; Sedanos' trying to go the extra mile without necessarily allowing the neighborhood to dictate exactly how the store is designed. They know exactly the model that works. They know some of the things that are fatal flaws from a design perspective, from a grocery store. And with that, Commissioner, I'd like to just -- Commissioner Gort: Do you agree on the following? Mr. Vazquez: I'm sorry? Commissioner Gort: You agree on the following that has been presented to you? Mr. Vazquez: I'd like to go over them. Pm looking at this -- Commissioner Gort: I'm going. I mean, we discussed it, and you have it in mind. Mr. Vazquez: So, I -- my client is here. I have not had the opportunity to discuss it with my client, but if I could, I'll go over them one by one. We're talk -- Commissioner Gort: It's part of the program that you had stated. The only differences is from -- Mr. Vazquez: So the first -- Commissioner Gort: -- 8 foot to 10 foot. Mr. Vazquez: -- one calls for the building of a concrete wall, 8 to 10 foot tall, along Northwest 26th Street, acting as a sound barrier, with no doors or access to pedestrian or vehicles. Commissioner, so long as we -- the service delivery can remain on that side -- City ofMiami Page 160 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Aldo Bugallo: See, that's what we don't want. We -- the only way anyone can guarantee -- Commissioner Gort: No, no. Mr. Bugallo: -- the problem with the trucks and deliveries is by -- Commissioner Gort: No, no. Look -- Mr. Bugallo: -- (UNINTELLIGIBLE) the store. Commissioner Gort: -- the delivery cannot be on the other side, because the other road is -- 24th is too stretched. What I want to make sure is -- and you -- and I want you to understand, I'm going to request .from the City they put a sign, "No trucks allowed in the residential area, "so they're not going to be able to go back there. Mr. Bugallo: And we're fine with that. Mr. Vazquez: So we have agreed to that first one, Commissioner. Number two: The concrete wall bordering Northwest 26th Street must be accompanied by private -- privacy plans in order to prevent graffiti on the wall. We have no opposition to that. The receiving of vendor merchandise must he regulated. Monday through Saturday, starting no earlier than 7 a.m., Sunday closed for deliveries; otherwise, enforced by Code Enforcement. We have no opposition to that. The receiving of vendor merchandise must be conducted in the designated loading dock or inside the perimeter on Sedanos. We have no opposition to that. Employee parking must be conducted inside the Sedanos perimeter; not in the residential area. We have no opposition to that. Sedanos must operate with shopping carts that have smart wheels locking system in order to prevent shopping carts scattered in the area. We have no opposition to that. Sedanos must designate a person to clean the outside perimeter of the store. We have no opposition to that. And so, therefore, Commissioner, we have no opposition to any of these points. And we apologize; I've had to do it this way, but I just saw it this morning. Commissioner Gort: No, I understand. You got to talk to your clients, but let me tell you, the -- Mr. Bugallo: Commissioner, all that we ask is the design team -- Commissioner Gort: I understand, you want to flip it (UNINTELLIGIBLE). Mr. Bugallo: But -- Commissioner Gort: We're not going to -- I'm not going to vote for no flipping. I'm telling you right now. Mr. Bugallo: It's not going to -- Commissioner Gort: Okay? I'm telling you right now -- Mr. Bugallo: -- affect the business. Commissioner Gort: -- I'm not going to vote for flipping it. Mr. Bugallo: What I want to get to is by flipping the design -- City of Miami Page 161 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Gort: Okay. Mr. Bugailo: -- customers are still going to go -- they're still going to shop. Sedanos is a successful business. They're still going to make their revenue. They're still going to get money. And people are still going to go, regardless of what side, you know, the entrance is. Commissioner Gort: There's technical things why the flipping cannot take place, okay? The 24th Street is a lot narrow than 26th street, first of all. The development is going to be all the way up closer to 17th Avenue, not down. They're going to have the fence coining down in there. Code Enforcement -- I'll take care of the Code Enforcement. I go through there every day, so I'm the one that's going to take care of Code Enforcement and make sure they going to comply. I'm going to put "no parking" on that street, "no trucks allowed" on that street, and they'll be removed from that area if they park in that street, okay? Mr. Bugailo: See, that's what we're saying here today, but when the time comes, the truck drivers, they're going to do what's most convenient. for them -- Commissioner Gort: Okay. Mr. Bugailo: -- what's fastest for them, and they're -- no one is -- Commissioner Gort: Okay. Let me tell you -- Mr. Bugailo: -- you know, no one's going to be able to -- Commissioner Gort: -- I'm two blocks away from there. 1 go through there every morning. 1 see a truck parking there after we have the sign saying "no parking," they'll be removed from there, and they'll get ticketed. 1 can assure you that, and they got to make sure of that. Barnaby Min (Deputy City Attorney): Commissioner, can 1 clarify, please? So, is the applicant proffering that they will amend the covenant that is attached to PZ.4 -- Commissioner Gort: Yes. Mr. Min: -- to include all the conditions that are stated in the formal petition? Mr. Vazquez: Yes. Commissioner Gort: Yes. Mr. Vazquez: In addition to the fact, except -- or let's make sure we modify that one wall requirement to understand that the delivery access point remains where it is, because right now it can be read that we have to have a wall along the entire perimeter, and that's not exactly what's happening here. So we have agreed -- Commissioner Gort: There he goes. Mr. Vazquez: We have agreed to close the access point that was here, and I will provide the narrative that accomplishes that, while, at the same time, providing for every single item on that handout. Mr. Bugailo: See, we've been coming here -- our main concern always has been from the beginning is the trucks, the traffic; those are the two main concerns. See -- and that's the only reason why we would like to be granted, you know, 26th Street to be City of Miami Page 162 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 closed with no access to pedestrian trucks or vehicles or anything, so that way, our block is staying the same way it is, you know; use the wall as a sound barrier. Commissioner Gort: What you need to understand, the wall and all that, I agree with them. The problem with 24th Street -- the problem could be even greater on 24th Street, because 24th Street is narrow than that. You also have the light traffic there, and you have the gas station right there on that corner. So that 24th Street, they have brought the -- Mr. Bugallo: The trucks -- Commissioner Gort: -- delivery upfront, closer to 1 7th Avenue. They closed the gate downstairs, and they're going to have all the improvement, okay? Mr. Bugallo: The trucks will be able to -- Vice Chair Russell: Sir? Mr. Bugallo: -- you know, loading the same way, you know, with no difference. Commissioner Gort: All right. Vice Chair Russell: Sir, you've actually made a very good case, and I think you've represented the neighbors incredibly well, and 1 think you've gotten a lot of what you've advocated for. If there is no additional items that you'd like to bring in for discussion, 1 believe Commissioner Gort's been pretty clear on his position. I don't believe we have a motion on the floor at this point, do we? Commissioner Gort: No. Wait a minute. There's something else I want to -- Vice Chair Russell: We're still on presentation. Commissioner Gort: Yeah. 1 want to make sure with the -- you have a work seminar, because I want to make sure you guys hire people from the neighborhood. Mr. Vazquez: That's not a problem, Commissioner. Commissioner Gort: During your construction, I want to make sure you have a work seminar, where you give an opportunity to people that live in the neighborhood to apply for jobs in there. Mr. Vazquez: Not only are we okay with that; that has been our tradition in all of our stores, to hire in the immediate neighborhood. Commissioner Gort: Also, during the construction, make sure -- you have neighbors that you have to worry about. When you -- you know, a lot of times we get sub -- the developers -- I mean, subcontractors, that they don't pay any attention. I want to make sure that whoever's doing the construction, they make sure they respect the neighbors in the area, because those signs are going to go up; no trucks are going to be allowed on the streets. Mr. Vazquez: Absolutely. So the truck issue's going to apply not only to the grocery delivery trucks, but construction, as well. Commissioner Gort: Move it. City of Miami Page 163 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Mr. Min: And I'm sorry,. just to clam. Will those be conditions of the ordinance, or will those be proffered as part of the covenant? Commissioner Gort: As a part of the covenant. Mr. Min: That's voluntarily proffered by the applicant? Mr. Vazquez: Voluntary proffer, because this is a rezoning and abso yes, absolutely. Mr. Min: Thank you, sir. Mr. Bugallo: Excuse me one -- Vice Chair Russell: It's been moved and seconded. Commissioner Carollo: Second, as amended. Mr. Vazquez: Before a vote, real quick, please. One second. Thank you. I'm glad Nicole mentioned this. Commissioner, I want to make sure that your motion -- and this was already discussed -- includes -- because of the fact on how this was styled -- a denial of the T6-8-L rezoning; correct, Mr. Garcia? Is there a need for any further explanation on that issue? Mr. Garcia: No. Duly noted. Commissioner Gort: Move; favor of PZ.3. Mr. Vazquez: Okay, we're doing 3 first? Okay, thank you, Vice Chair Russell: 3 has been moved and seconded, as amended. Commissioner Carollo: As amended. Mr. Min: I'm sorry. PZ.3 should not be amended; PZ.4 is the one that would be amended -- Mr. Vazquez: Correct. Mr. Min: -- because that's what the covenant's attached to. Commissioner Gort: Right. Vice Chair Russell: Correction. It's been moved and seconded. Is there any discussion on the dais? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Hannon: Roll call on item PZ.3. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 4-0. City of Miami Page 164 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 PZ.4 ORDINANCE Second Reading 1051 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF PROPERTIES LOCATED AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3-L, "SUB -URBAN TRANSECT ZONE - LIMITED", TO T4-L, "GENERAL URBAN TRANSECT ZONE - LIMITED", MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13655 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item PZ.4, please see "Public Comments for Planning & Zoning Items." Note for the Record: For additional minutes referencing Item PZ.4, please see Item PZ.3 Vice Chair Russell: PZ.4. Commissioner Gort: PZ.4. That's the covenants taking place, right? Francisco Garcia (Director, Planning & Zoning): If I may, I'd like to actually read the end result of PZ.4 into the record for clarification purposes, and that should include an acceptance of the covenant proffered by the applicant, as amended here today, number one. Number two, the terms of the covenant shall be reviewed for compliance with applicable zoning regulations; that's important. Number three, the landscape plan is subject to review and approval by the Planning and Zoning Department. And number four -- and this is something that counsel said earlier -- this motion includes the denial of the rezoning for the T6-8-O component of the site, and approves only the rezoning of the east -most portion from T3-L to T4-L. Javier Vazquez: That is correct. Mr. Garcia: Is that correct? Very good. Commissioner Gort: Move Jbr denial. Commissioner Suarez: Second. Commissioner Carollo: Well -- I'm sorry; hold on. Commissioner Suarez: Well -- wait. What -- I think what he means is -- Commissioner Carollo: Right. City of "Miami Page 165 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Suarez: -- moved as articulated by the Planning director, and I second it. Mr. Vazquez: That is correct, Commissioner. Commissioner Gort: Right. Mr. Vazquez: There's a denial and an approval, so it's (UNINTELLIGIBLE). Barnaby Min (Deputy City Attorney): The denial already occurred. Mr. Vazquez: I'm sorry? Mr. Min: The denial has already occurred. for the downzoning. Commissioner Gort: Yeah. Mr. Min: The only thing that exists today is the upzoning portion. At first reading, your downzoning was denied. So all that is here today is the upzoning from the T3-L to T4-L. Mr. Vazquez: Okay. So, Francisco, I think, procedurally, we're saying the same thing. Thank you very much. I'm sorry. Commissioner Suarez: So wait, wait, wait. Mr. Vazquez: So, then, we're talking about a motion to approve. Commissioner Suarez: Right. Let's see. You got to -- Mr. Vazquez: It's -- the motion is approval. Commissioner Gort: Approve. Mr. Min: And I want to clarify, and this is the covenant that was proffered, I believe by -- Mr. Garcia, stated -- Commissioner Suarez: Subject to the conditions. Mr. Min: -- are conditions -- Commissioner Suarez: Yes. Mr. Min: -- that he wants to be part of that ordinance -- Commissioner Carollo: Absolutely. Mr. Min: -- which are not listed. Commissioner Suarez: That the residents -- Vice Chair Russell: It's been moved. Commissioner Suarez: -- fought hard for. Commissioner Carollo: Yes. City of Miami Page 166 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Mr. Min: As modified. Todd B. Hannon (City Clerk): Roll call on item PZ.4. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, as amended, 5-0. Mr. Vazquez: Thank you. I'd like to thank Francisco Garcia for his incredible efforts; Commissioner, you've been amazing as well; the neighbors, thank you for your hospitality and -- Commissioner Gort: You got to make sure (UNINTELLIGIBLE). Mr. Vazquez: -- have a good evening to all. Thank you, for your vote. Chair Hardemon: Thank you very much. Can you take down your demonstratives, please? PZ.5 ORDINANCE First Reading 1438 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") OF THE CITY OF MIAMI ("CITY"), BY AMENDING AND ADDING, GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE, UP TO ONE HUNDRED (100) PERCENT IN CERTAIN CASES, WHEN DEVELOPMENT ACCOMMODATES A SPECIFIC MIX OF WORKFORCE, AFFORDABLE, AND EXTREMELY LOW INCOME HOUSING; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing Item PZ.5, please see "Public Comment Period for Regular Items." Note for the Record: For additional minutes referencing item PZ.S, please see "Public Comments for Planning & Zoning Items." Note for the Record: For additional minutes referencing Item PZ.5, please see Item NA.5. Chair Hardemon: And the last thing that we have is PZ.5. Thank you all so much for coming today. City of Miami Page 167 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Francisco Garcia (Director, Planning & Zoning): Yes, sir. Thank you. I'll say very briefly, by way of introduction -- because, apparently, through a glitch, the Agenda did not note it -- that in working with Commissioner Carollo, who is sponsoring this item, we have proposed this legislation. This is actually the amendment to the Comprehensive Neighborhood Plan of the City of Miami that, by virtue of setting forth goals, objectives, and policies supporting density bonuses for attainable housing development, will allow the second reading, ultimately, of the Affordable Housing Bonus Program that the Commission has already approved on first reading. So, with that, I'll yield to Commissioner Carollo, I suppose. Commissioner Carollo: Thank you, Mr. Garcia. Yes. I mean, what we're doing here is actually allowing for the affordable workforce and attainable housing and legislation that we passed on first reading. So we need -- in order to have the additional density, we need to pass this, and I believe it went to the State first; correct, Mr. Garcia? Mr. Garcia: That is correct. The Department of Economic Opportunity had the opportunity to vet it. They are supportive of it, and we will be coming back to you, for second reading very shortly. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded. Moved by -- Commissioner Carollo: Commissioner Carollo. Chair Hardemon: -- Commissioner Carollo and seconded by Commissioner Suarez. Any further discussion on the item? 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 PZ.5. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on first reading, 5-0. Chair Hardemon: Motion passes. Commissioner Suarez: Mr. Chair, I think -- Chair Hardemon: We have now some -- what type of item is it? Is it a -- Commissioner Suarez: Mr. Chair -- Chair Hardemon: -- shade meeting? What is it? Commissioner Suarez: -- Representative Felix Diaz has been waiting jbr an hour. Chair Hardemon: Oh, oh, oh. Commissioner Suarez: (UNINTELLIGIBLE). Commissioner Carollo: On an item? City of "Miami Page 168 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 169 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City ofMiaini Page 170 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 171 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City ofMiaini Page 172 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City ofMiaini Page 173 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ D4.1 DISCUSSION ITEM 1554 Commissioners and Mayor UPDATE FROM THE ADMINISTRATION REGARDING APPRAISAL OF LUDLAM TRAIL. 1554 Backup Document MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing Item D4.1, please see "Order of the Day." END OF DISTRICT 4 ITEMS City of Miami Page 174 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City ofMiaini Page 175 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 FL - FUTURE LEGISLATION FL.1 1386 City Manager's Office ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 6, ENTITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE" BY MODIFYING THE CITY OF MIAMI'S CONTRIBUTION INTO THE TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City ofMiami Page 176 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.1 1648 Office of the City Clerk NA.2 1649 Office of the City Clerk NA - NON -AGENDA ITEM(S) DISCUSSION ITEM MOMENT OF SILENCE FOR BISHOP VICTOR T. CURRY. RESULT: DISCUSSED Chair Hardemon: On a more serious note, we know that there's someone who is very important to our community and Miami -Dade County that has suffered a traumatic stroke, and that person is Bishop Victor T. Curry. And so, you know, I'd like to ask everyone to just have a moment of silence to say whatever you'd like to wish well to his, family and to him and his health; and, hopefully, that he pulls through. Thank you so much. PERSONAL APPEARANCE PERSONAL APPEARANCE BY FLORIDA STATE SENATOR JOSE JAVIER RODRIGUEZ TO UPDATE CITY COMMISSION ON VARIOUS LEGISLATIVE ITEMS. RESULT: PRESENTED Chair Hardemon: I'd like to now acknowledge the presence of our dear Senator Jose Javier Rodriguez. Mr. Rodriguez, you have five minutes to address this body. Thank you for being here. Senator Jose Javier Rodriguez: Thank you, Chair. Good morning, Chair, Mayor, Vice May -- Vice Chair. Jose Javier Rodriguez, State Senator. I've had the pleasure of representing much of the City of Miami as a State Representative. Now, in the State Senate, I represent all of the City of Miami south of 836, plus Grapeland Heights, and about half of Allapattah. And so, as a State Rep., I made the -- sort of habit of trying to come before you as much as possible, before and after the legislative session. Many of us are in dialogue before and during the legislative session, and I really appreciate that. Your legislative staff your City Attorney's Office is excellent, very easy to deal with, but I do like to come and speak with you all. I think there is a value to talking about our shared priorities openly and on a mike here. And I think, with respect to, you know, my job and how it relates to yours, I think it's fairly, obvious. but I'll state it, which is that we represent the same constituents. And my job is to go and -- to Tallahassee to vote and elaborate policy on our behalf to bring dollars home. And the third, which relates to the other two, is that when it comes to dealing with State entities or State -regulated companies, my job is to advocate for residents and constituents as much as possible. So I think, with respect to the brief time I have to share any remarks and answer any questions, I think I would like to focus on infrastructure; specifically, water and transportation, within the bounds of what I've just mentioned. And I know that your staff has been at work, educating myself and my staff I'm here with Lisa Ana Perez, from my office. On the storm water master plan that you're developing -- and I know that that is your number -one priority -- becomes a top priority for me, as well, because of that. And so, I recognize City of "Miami Page 177 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 that you're working on that, and I appreciate that. I would also say that from a policy standpoint, there's a bill that Pin working on with Senator Brandes, as co-sponsor -- Senator Brandes, from the Tampa Bay area -- it's Senate Bill 112. And what that would do is, it creates a matching grant program out of an existing funding stream for flood mitigation, because when it conies to sea level rise and water infrastructure, our job really is to try and create sources of revenue for local governments to deal with the problem, because, from my vantage point, while I'm trying to move the conversation forward, along with others, on sea level rise and climate change in Tallahassee, from a practical standpoint, it conies down to bringing the dollars home; and so, that, I would encourage you to support, as well. And when it comes to transportation, I know that through some of your members here, you've been very active on transportation issues. And one of the things that I've worked hardest on with many of my colleagues in the Mianzi-Dade Delegation is having a longer -term plan for the Miami -Dade Delegation to think bigger, more transformative. And we are coalescing on transportation as that issue, and I would highlight -- I think the bill number was 1377 in the House, filed last year, when I was a House member. I believe Nunez was the sponsor. But either way, it was a project that many of us worked on that one of the components was, had it passed, it would have brought $30 million a year of added State revenue to Miami -Dade, for light commuter rail. Those are the sort of game -changing things we ought to be .fighting for. In terms of you know, the big transportation and transit problems we have, $30 million a year is not huge, but it's a -- adding that money to the pot certainly is a step forward in terms of the Dade Delegation's part in what we're trying to do. And the last thing is, just from a constituent perspective, I know that there are several State roads in my district. Flagler, you know, and 8th Street, I've been working with FDOT (Florida Department of Transportation) to try and help them with the process of, you know, the plans for Calle Ocho, going forward, and I look forward to updating you all on that, as well. Chair Hardemon: Thank you very much. Senator Rodriguez: So thank you for your time. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. And thank you, Senator Rodriguez, for being here. I'm glad you mentioned Flagler and Calle Ocho -- Southwest 8th Street -- because we are having issues. And before we even get into Southwest 8th Street, a lot of the commercials on Flagler are really struggling to the point that they might be going out of business. The cries are there every day, and, unfortunately, we don't feel the backing of the State, which is actually undertaking that project. So I would ask if you would meet with me in my office. Let's go visit some of those commercial and let's see how we could give them some type of relief because a lot of them will be going out of business. It's something that it's been ongoing now for quite a few months. I don't know if we try to do some type of program. I was considering doing some type of program with the City of Miami. But the truth of the matter is, it's a lot of businesses and the State is a bigger component and I want to see if maybe we could draft some type of legislation, or try to see if there could be some type of relieffor some of these businesses. Senator Rodriguez: And, Commissioner, absolutely. And I recently met with the district secretary and raised these issues. You're absolutely right; it's a lot of small businesses on the corridor that are struggling with the hit. Commissioner Carollo: Yeah. Senator Rodriguez: And I'm going to be -- the information that I get back, I will absolutely reach out and share it with you in terms of the schedule, the timeline, how City of Miami Page 178 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 maybe the project could be altered to mitigate those impacts. We absolutely want improvements to these roadways; they need it. But you're absolutely right. You know, I pass through there. I hear from constituents. You know, obviously, you know, we live in Shenandoah, so not far away; travel on Flagler ourselves a lot. So I understand what's the concerns. Thank you. Commissioner Carollo: Yeah. So if we could meet in the next -- I don't know -- couple weeks. I know you have committee meetings and so forth, but if we could meet and maybe speak to some of those commercials, I think it'll go a long ways, because they really are struggling. And we're -- the City, to a certain degree, has their hands tied. And like I said, I'm thinking of coming up with some type of program, but I'm -- there's so many businesses. I'm trying to see, really, what could be the relief; and, you know, how much would it take and, you know, financially. So we have to somehow work better in the future -- and I don't mean just you and me. I mean, you know, the State and the City -- in order for something like this not to occur, before we even consider Southwest 8th Street. And that's why I'm telling everybody, "Southwest 8th Street, learn from Flagler; they're really struggling." And there's quite a long list of businesses that are pretty much telling me, "Listen, we're not making the rent now. We could actually have to close down. We may have to actually close down." So it's something that, you know, I'm hoping within the next couple of weeks, we could get together and deal with those issues. Chair Hardemon: Mr. Mayor, Commissioner Gort, and then Commissioner Suarez. Commissioner Carollo: Mr. Chairman, if 1 may? Mayor Tomas Regalado: Just to add to Commissioner Carollo's -- Commissioner Carollo: But 1 want to do a follow-up, because 1 -- that's not my only issue. Mayor Regalado: Yeah. 1 just want to -- also Southwest 1st Street, they're -- we visited with some of the business of Southwest 1st Street, between 22nd and 19th, and Commissioner Carollo is right. They're going out of business because of the huge delay. As a matter of fact, yesterday, going through Flagler, there was -- somebody in the construction team apparently broke a main pipe, and there were flooding all over, and it was difficult for the business to operate. And just second -- a second issue: Commissioner Carollo and I met with Governor Scott, and we talked about the storm sewer master plan with sea level rise component, and the Governor was very supportive ()Phis measure, but it has to go through the legislature; the funding for the master plan. Chair Hardemon: Commissioner Carollo, you can finish your statement, and then Commissioner Gort. Commissioner Gort: I think Francis was first in line. Commissioner Carollo: Thank you, Mr. Chairman. And the Mayor touched on the next point that I was going to speak about. And, like I said, I wasn't finished with all my points. You mentioned Senate Bill 112. And I think what you're trying to do is, you want the State to give some type of relief;but at the same time, you want the municipality or the government to have their share, too, so it'll be some type of matching. I could tell you that I've pushed very hard for the storm water master plan, the updated storm water master plan, because I think that is the base to really tackle sea level rise. With that said, we've already put "X" amount of monies towards that, to have that. So if Senate Bill 112 passes, we're already onboard; the City of Miami has put in "X" amount of monies there. So, you know, I haven't read the bill, but I will City of Miami Page 179 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 be supportive and see how then we could obtain some type of funding, which I think this Commission, as a whole, has passed a resolution asking for help with the funding of the master plan. And my last issue, Mr. Chairman, my last issue is one that is very close to my heart, because I just don't see how in a year that the State has the most amount of revenues ever in the history, you cut certain fundings to the more -- to the less fortunate. And we had cuts to certain programs of elderly meals in the City of Miami, where the City of Miami had to step up and put those monies in place in order for those meals not to be cut. So I ask that you work as hard as you can to make sure that this year, those monies are replaced, so that the City of Miami doesn't have to use local funding, local general funds in order to subsidize what originally the State had done for many years before; and again, in a year where the State received the largest amount of revenues, you cut from the most needy. Thank you. Chair Hardemon: You want a brief response? Sure. Senator Rodriguez: Yeah, a brief response. So with a couple of the topics -- one is -- Mayor, if I could be in touch with your office with respect to the businesses on Southwest 1st, just so that we can kind of better understand it and inter -- help you interface with FDOT. And I also want to thank you for your efforts. I know that, particularly with water projects, the Governor has recently had a very active "veto" pen that's -- and I think that those efforts are absolutely necessary in terms of helping make sure that we can get across the finish line with that, so -- Mayor Regalado: So he sounded -- and Commissioner Carollo was there -- that he was not going to veto it. He was very, very enthusiastic about it, actually, and he responded that he wanted to help. We communicated with his office, and now is the process. So 1 think that this is doable. I mean, you were there, and he sounded very firm, very firm. Commissioner Carollo: He sounded very positive that he would support us on this. Chair Hardemon: Okay. Senator Rodriguez: And -- Chair Hardemon: Go ahead, sure. Senator Rodriguez: -- just with respect to the -- excuse me -- assistance, the senior meal programs and otherwise, I agree with you. You know, my partisanship, I think, means that I agree with you, especially in this legislature. But I think that it -- what's incumbent upon us -- and maybe I can work with you a little bit on this -- is not just how much we And, but the process, because I think the situation that many of us were in, in terms of trying to restore funds at the very last minute was not something we should have been in. And so, to make sure that the process is a little more transparent in terms of funding now and in the future, I think that's something that we can work toward, as well. Commissioner Carollo: Absolutely. Chair Hardemon: I wanted to acknowledge Commissioner Suarez, but he stepped out, so I'll allow Commissioner Gort to speak. Commissioner Gort: Senator, thank you for being here. It's not part of your district, but Northwest 7th Avenue, for the first time, you're beginning to see some improvement taking place in the business there. But the -- my understanding is, the way the contract goes out, it goes out to the different developers; they spread it City of Miami Page 180 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 among blocks. Some of the developers, they do very well; others are way behind. So there's a lot of supervision that needs to be put in there. Senator Rodriguez: Yeah. We'll reach out to you about that, as well. Commissioner Gort: Okay. Vice Chair Russell: Mr. Chair. Chair Hardemon: You're recognized, Vice Chairman. Vice Chair Russell: Thank you, Senator, and congratulations. We need your help. The many things that we want to tackle, we can't afford to do on our own, and you're much more well aware than I of the political navigation that you need to do ahead of you in order to get some of it done. With regard to the storm water master plan, I think that's a very good name for it. If we call it "sea level rise mitigation," we may hit some roadblocks ahead. Knowing that those political challenges are ahead, I think, you know, going at it with a discussion around infrastructure and that need, we'll have a lot more success. And we have allocated monies for it, but it's nowhere near what's needed, and so we appreciate anything you can do with that. Transit, obviously, you know, we've taken on transit as a City, even though it's primarily a County function. We want to do more of that, and, you know, we see a lot of opportunities to get involved, and we need that help. One thing we didn't mention, and goes back to what Mr. Armbrister spoke about is affordable housing and ways that the State could help us incentivize more affordable housing; whether through tax credits and. funding mechanisms, identifying properties that may be State-owned, we need help there. We have a crisis in the City of Miami with regard to affordability, and 1 appreciate you advocating on our behalf. Senator Rodriguez: And thank you, Vice Chair, for your strong advocacy and for helping get me up to speed on a lot of the issues you're taking leadership on. And with respect to housing, yeah; I mean, I think this comes back to this -- a similar point in terms of the funding realities in Tallahassee, hut working with PACT (People Acting for Community Together) and other organizations that are trying to be creative. Ilook forward to working with many ofyou to try to be creative in terms of - - both as -- in terms of policy and budget items, how we can move the conversation forward on affordable housing. You know, there's' a couple of proposals related to landlord -tenant law, for example, that we're working on that, you know, may indirectly deal with a lot of the things that we deal with that relate to conditions, and so, I look fonvard to working with you all on those things. Thank you. Chair Hardemon: Senator, one last comment, because I want to give Commissioner Suarez an opportunity to come in, and it's not something you have to necessarily respond to, but just -- because I can understand it can be -- this can be an issue that can divide a lot of people, but many of us never knew the struggles of people who are disadvantaged because they had some sort of disability. And so, for instance, what a curb does to someone who's in a wheelchair, and how it prevents them from ingressing and egressing onto sidewalks and into buildings was nothing that we thought about every single day, if you were able-bodied. But the moment that you were put into a chair or the moment you lost the ability to use certain extremities, you realized how difficult it was just to navigate simple City streets. And so, of course, you had rules in the ADA (Americans with Disabilities Act) that made it possible for those individuals to live a productive life, and so that they had access to many of the same things that we enjoy as able-bodied people. And so, I also think about times -- something very different, but there was a time in which slavery wasn't outlawed in the United States of America, and it was deemed to be okay to own slaves, and individuals did so under the guise of the law. One of the things that I think about that I think are City ofMiami Page 181 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 remnants of slavery is when voters are disenfranchised. And there are many ways that we can go about voter disenfranchisement, and one of those that I think has worked very well over time is that those who are convicted of certain crimes -- felonies, to be more exact -- are not allowed to participate and to vote, unless they've had their rights restored. In the State of Florida, it's been relatively a simple process in the past that has been complicated by current government, and that has been a challenge, I believe, for many people. And the reason I brought up the ADA is because we didn't realize, as able-bodied people, how difficult it was for them until someone -- until you were going through that process, and you realized, 'Man, this isn't fair; things should be easier." And one thing I've learned about the law, from practicing law, especially in the criminal arena, is that many people don't realize how unfair some laws are until the laws are pressed upon them. And so, as citizens, because we have not had many experiences with the law, we don't realize how bail bond -- how children who are being prosecuted as adults, who don't have an opportunity to gather evidence that is presented against them before the State makes their decision to prosecute them as a adults, how they.feel when they're presented with the option of well, either you're going to be prosecuted as an adult or you're going to take this plea as a juvenile; and, no, you can't have any evidence that's presented to you; and how, sometimes, in the State of Florida, how they say, "Well, we know that in the State of Florida, we're leading the country in prosecutions of minors as adults," but how worse those numbers would be if you really realized that many of those children are taking pleas as juveniles. So if those children were taking those pleas as an adult, because they're presented with the option, if they were taking those pleas as adults, the -- our numbers would be far worse. And so, I say that to you to say what I've learned is that children and adults, once they've been presented with an issue in the criminal justice system, and they realize how unfair the laws can be, and unlike most of us, who are impressed with offenses from the criminal justice system, at the time that they become enlightened, that's the time where their voting privilege has been taken away from them. At the time where they're more likely to not participate, because they realize how things are unfair, that's the time when our United States Government says, "No, you can't participate." And 1 would think that now; they're more interested. 1 would think that now, they understand that government -- or they understand how the laws affect them in their daily lives. And if it's about affordable housing, if it's about women's rights to choose, if it's about any of those topics that affect you personally that maybe you didn't think about until you became a mother; a parent, a victim of abuse, a victim of molestation, a victim of sex trafficking. I mean, all of these things have had negative treatment by the law until someone spoke up for them. And so, what I'd like to see -- and I'm not speaking on behalf of this board; I'm speaking personally, because I don't know where our board members stand -- but I would like to see that if some way, we can begin a discussion. Maybe you and I could have this discussion offline, as we are. And is it possible for us to now begin to look to see if removing someone's right to vote, just because they're convicted of a crime, is the right thing for the United States of America, at a time where the number of voters is dwindling in the States; at a time where, you know, you can be elected with just 8 percent, 9 percent, 10 percent of the elected -- of your -- of the elected peers in a community; at a time when people feel like their vote doesn't matter? How is it that we can encourage United States Americans to participate and vote. and if those of us who have been knocked down and who are trying to get up have a voice in these United States? And so, that's something that I think is a heavy lift, but I think you would have a lot of support if we all came together and just start to have that conversation. And I think that conversation is an important one, because without those voices who have experienced those things, maybe we don't know the best way to go about tackling those issues. Certainly, I know that as legislators, you are -- you have an extreme responsibility, and so do we on this board. But many times, we legislate, and all we have are consultants to tell us what those experiences are like. And who is the best consultant to tell you the experience of a prisoner than that of someone who's actually served time? So, you know, I just ask that you consider that. City ofMiami Page 182 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Senator Rodriguez: Yeah. Chair Hardemon: Please. Senator Rodriguez: If I may say, just very briefly, because I know your time is limited, I very much appreciate your comments. And I'll say maybe two things with respect to voting rights. In my time in the legislature, there have been small advances on making it easier for people to register and to vote, but have not dealt with the fundamental disenfranchisement issues, which I totally agree with you, both with your words, but also, you know, in terms of policy. And I think that that is a tough road in the political environment in Tallahassee, but it is absolutely imperative to have that conversation, and I look forward to talking to you more about how to maybe engage you in that process. And I think, with criminal justice reform, I think I'm more hopeful. This year, in the State Senate especially, there's an openness to considering a lot of the deep and -- the deep problems we have in our criminal justice system. And part of the reason, for that receptiveness is the, fundamental point that -- how much we spend to educate versus how much we spend to incarcerate makes absolutely no sense. And so, particularly with youth, there has been an openness. Now there have been baby steps in the legislature, but there -- but our job is to push that. And, you know, there's a list of 12 proposals I've been kind of floating, to see which ones have the most support, and I look forward to floating those to you, and speaking with you about that. But that's an area where I'm more optimistic, and many of my colleagues are convinced -- not on policy grounds, but sometimes, just because of the huge expense when we use incarceration first in the society. I'll just leave it at that, but thank you. Chair Hardemon: Thank you very much, Senator. Commissioner Suarez. Commissioner Suarez: Thank you. I'll try to be very brief. 1 know that everyone sort of got in their licks. Definitely wanted to support what the Mayor and Commissioner Carollo had said on Flagler. The construction, for whatever reason, has taken an extraordinary long time. I've been -- I met with the secretary on it a couple times, and so, 1 know you're working hard, as well, to try to push forward that issue. The sort of broader issue that 1 have is two specific issues. One is -- and you mentioned -- you touched upon it in Representative Nunez' bill last year. Mass transit is an enormous issue in our County. I think it's the issue that is maybe the most important one, or one of the most important ones in Dade County, and it's certainly one that will ultimately, in the future, curtail our ability to grow. And we're already starting to see a lot of push -back from our residents on continued growth, because of a lack of transportation infrastructure. I think the Miami Herald recently reported that the Miami -Dade Transit Authority -- I'm sorry -- the Miami -Dade Expressway Authority has a surplus of 150 -- you know, $150 million annually. My strong recommendation is that the legislature limit that, limit their revenues to their current obligations and all additional revenues either be returned to the public; or, "B" -- and I think the public would embrace this -- create an authority that would just do mass transit, like a Miami -Dade Transit Authority, and dump all that excess revenue into that authority. And we can talk about the structure of that, because it's something that I've been working on with my -- some of my colleagues in the MPO (Metropolitan Planning Organization). Right now, as a community, State, Federal, and local, we're dedicating very, very little amount of resources to the very biggest issue, which is mass transit. And I advanced a very specific proposal that was adopted by the League of Cities and that's been adopted by the Chamber of Commerce and it's been filed as a bill by Representative Duran, which is increasing the State's share of contribution for new starts from 12 and a half percent to 25 percent. I think that's a more equitable sort of partnership in terms of what the State can do; particularly in light of the fact that Federal funding is going to be difficult. I just came from LA (Los City of Miami Page 183 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.3 1610 Commissioners and Mayor Angeles) yesterday and LA passed a half cent tax and has generated and extended an already existing half cent tax, and is generating $120 billion in four years in local match. That's obviously something that is very difficult for us to compete against in front of the, you know, Federal Government that wants to leverage its dollars to the maximum extent possible. So I would urge you to please support that bill, and use your position as Senator, which you've been a very effective advocate, even as a State Rep in a minority party. You know, you're now in a more important -- and in a position where there's less members in your body, so I would ask you to support that. And the second thing is -- and this is very critical to our downtown, something that I've been working on, which is we need to have a tunnel that connects Brickell to Biscayne. It's -- we have two enormous population centers, and they're separated by this tiny little bridge, which seems like God sort of playing a joke on us when they open it up, either during rush hour in the morning, or in the afternoon. And then, of course, you have only one dump -off on 1-95 on the downtown side. So I've been working to try to get that in the five-year plan, FDOT's five-year plan, because I think that is right now, from a local perspective -- not the macro -- sort of mass transit perspective -- from a local perspective, that's one of the most needed projects in -- really, in the City of Miami. So I would just urge you to help with those efforts, and I'd love to meet with you, maybe, to discuss how we can get that in the, five-year- plan, and then we'll just start advancing it along the .five-year plan. But we've created a Transportation Trust Fund so that we can put the City's portion of whatever that funding would be. And, obviously, there's a lot of funding mechanisms that are available. for that, but those are two of the big things that 1 would just sort of put on your radar screen. Senator Rodriguez: Absolutely. Commissioner Suarez: Thank vou. Senator Rodriguez: Thank you. Chair Hardemon: Thank you very much, Senator. We appreciate your presence being here. Senator Rodriguez: Thank you so much; appreciate it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 62-521(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT TEN (10) EVENT LIMITATION PER PROPERTY, IN ORDER TO HOST VARIOUS ARTS AND ENTERTAINMENT RELATED EVENTS AT 50 NORTHWEST 14 STREET, MIAMI, FLORIDA OCCURRING AT VARIOUS TIMES BEGINNING DECEMBER 1, 2016 AND ENDING NOVEMBER 30, 2018. ENACTMENT NUMBER: R-17-0028 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 184 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.4 1651 Office of the City Clerk Chair Hardemon: Oh. And then -- and while she's setting (UNINTELLIGIBLE) that - - setting up -- setting that up, our illustrious District 2 Commissioner had a pocket item, Resolution File Number 1610. Commissioner, you want to introduce this? Vice Chair Russell: Thank you, Mr. Chairman. I don't know about "illustrious, " but this is simply allowing the Viacom Building to hold more events, as it's the event limitation waiver basically allowing them -- they're looking for 10 events per year; I believe, here. And so, the CRA (Community Redevelopment agency) has requested that we grant the waiver. Chair Hardemon: Is there a motion to approve this? Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded by the Vice Chairman. Any further discussion on the -- on this motion -- or this resolution? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. DISCUSSION ITEM CHAIR HARDEMON AND MIAMI CITY COMMISSION PAUSED IN THEIR DELIBERATIONS FOR A MOMENT OF SILENCE IN RECOGNITION OF THE SEVEN (7) YEAR ANNIVERSARY OF THE 7.0 MAGNITUDE EARTHQUAKE THAT HIT HAITI ON JANUARY 12, 2010 AT 4:53 P.M. RESULT: DISCUSSED Chair Hardemon: I'd like to take a moment to pause at this time, at 4:53, because at 4:53, seven years ago, there was a 7.0 magnitude earthquake that devastated Haiti. And so, at this time, in Little Haiti, they have a vigil that's going on, and I wanted to pause in our deliberations to acknowledge those of our community that had relatives that lost their lives; that lost their lives themselves; that migrated here to the United States because of the earthquake and are still suffering because of the effects of it. As we know, Haiti has not recovered just yet. So, if you could, just take this time to just have a moment of silence to reflect upon those individuals. Note for the Record: A moment of silence was had at this time. Chair Hardemon: Thank you very much. City of "Miami Page 185 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.5 ORDINANCE First Reading 1314 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For additional minutes referencing Item NA.5, please see Item PZ.5. Chair Hardemon: Yeah. So, Commissioners, there's an item that I've been approached about reconsidering. If you'll remember, this is an item that was in the Wynwood area. It was a Planning & Zoning item that we voted on, 1 believe, at your last Planning & Zoning hearing. At that meeting, it was made a representation to this Board that the Wynwood BID (Business Improvement District) supported this zoning text amendment. 1 had an opportunity to speak with the Wynwood BID, and they didn't characterize it the same way. They really kind of saw things the way that our discussion occurred on the dais, which is, "Hey," you know, "it's a residential neighborhood that that site sits on. It could be intrusion into the residential area, commercial intrusion into the area." And moreover, they talked to them about, "Is this a real plan?" You know, "What's coming next? Are you trying to actually create a plan, or are you trying to flip a property, raise the property value, sell it to someone else who's going to build something that isn't necessarily something that the community would like?" And these are all the reasons -- well, some of these are the reasons why when the developer -- or the representative of the developer that came in -- or the property owner who came in, we were trying to strike some sort of sense of things -- make some sense of things. Everything that it was proposed wasn't acceptable. At the time, they did not accept the continuance to look further into it, to meet with some more of the constituents, come to our office and talk through it. And although we delayed a little, the vote ultimately was in -- was not in their favor. And so, what was asked of myself is a motion to reconsider. Now -- Vice Chair Russell: Which item is it? Chair Hardemon: The item will be a motion to reconsider on -- it was item PZ.5, File 1314, and so, it would have been on the December 8, 2016 meeting, Jroreferences. Commissioner Suarez: At the last meeting? Chair Hardemon: Correct. City of Miami Page 186 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Commissioner Gort: Yeah. Commissioner Suarez: Last meeting. Chair Hardemon: It was the last meeting. Commissioner Suarez: Yeah. Chair Hardemon: More -- to speak more clearly, there were two items: PZS, which was File 1314, propose to amend the future land use designation for 28 Northwest 30th Street, from medium density multifamily residential to general commercial. So we saw where that was a big issue with that. And then also item PZ 6, File 1315, proposed to amend zoning designation of 26 through 28 Northwest 30th Street, from T5-O to T6-8-O. And if I remember correctly, there were some boards beneath us that voted in the negative for this item, so this was something that it just was not well taken. And so, what was being asked of me by a representative of the property owner was to reconsider this; not necessarily to reconsider it -- well, if we reconsider, not in the same fashion, but just to give them an opportunity to breathe life back into maybe something they could do. I think they could reapply, you know, for something different, but I don't -- what I don't want to do is I don't want to waste this board's time, but because of the request and who the request came. from, I agreed that I would reconsider the motion. So, basically, what I would request from any of my Commissioners is a motion to reconsider item PZ.5 and PZ.6 from the December 8 -- Commissioner Suarez: So moved. Chair Hardemon: -- 2016 meeting. And when it opens back up, now that you have the reconsideration -- Commissioner Suarez: You need a second and a vote. Chair Hardemon: -- to reconsider at a much -- at a later date, while they have enough time. Commissioner Suarez: Yeah, you could second it. He needs -- we need a second and a vote -- Chair Hardemon: Well, I'll -- Commissioner Suarez: -- on the reconsideration. Chair Hardemon: -- the Chair'll take it as -- I'll second -- Commissioner Suarez: Okay Chair Hardemon: -- the motion to reconsider. And so, basically. to explain further this -- the procedure -- the vote does not require -- Commissioner Suarez: I understand what you're doing. I understand what you're doing. Chair Hardemon: -- that you have discussion, but you reconsider it; you vote it up or down. Once that passes, now that item is alive. And what we're -- Commissioner Suarez: Correct. City ofMiami Page 187 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: -- saying is we want to continue that item to a date -- Commissioner Suarez: That's fine. Chair Hardemon: -- not certain for -- Commissioner Suarez: That's fine. Chair Hardemon: Yeah. Commissioner Suarez: Yeah. Chair Hardemon: Well table the item. Commissioner Suarez: You want to -- Chair Hardemon: What do you call it? You call it "indefinite deferrals"? Todd B. Hannon (City Clerk): (UNINTELLIGIBLE) deferred. Commissioner Suarez: No, but not indefinite Chair Hardemon: Indefinite deferrals. Commissioner Suarez: -- because that's six months. Chair Hardemon: Right. Commissioner Suarez: No. 1 would say just defer it. Chair Hardemon: Well, you could -- we always say -- I always say, "Lay it on the table," which means we can pull it back whenever we want to, but -- Commissioner Suarez: Let's just do a continuance -- Chair Hardemon: -- (UNINTELLIGIBLE) defer (UNINTELLIGIBLE). Commissioner Suarez: -- to the next PZ (Planning & Zoning) meeting. Chair Hardemon: And so that will be the next step. Commissioner Suarez: Okay. Chair Hardemon: And so -- then they find -- and then they work on it, so -- Commissioner Suarez: We got to vote. Unidentified Speaker: (UNINTELLIGIBLE) want to hear from -- Francisco Garcia (Director, Planning & Zoning): If I may, just a minor technical point. I'm not sure that it can be a continuance, because it must be readvertised. Commissioner Suarez: Okay, then -- Chair Hardemon: Okay. Commissioner Suarez: I know what to do. City ofMiami Page 188 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 Chair Hardemon: That's fine. Commissioner Suarez: I know what I'll do. So let's just vote on the -- Chair Hardemon: So we have the motion and the second to reconsider. Seeing no discussion can be had on this, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Suarez: I move -- Chair Hardemon: Motion passes. Commissioner Suarez: -- that those two items be deferred to the soon -as -possible meeting, post notification and other legal parameters that need to be taken to make it a duly noticed agenda item. Barnaby Min (Deputy City Attorney): Can we just pick a date to make it safe? I would suggest the second meeting in March. Commissioner Suarez: That's fine. Mr. Min: That way, it's a set meeting. Commissioner Suarez: Is that enough time? Commissioner Carollo: Second to the second meeting in March. Chair Hardemon: All right. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 189 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.5 ORDINANCE First Reading 1314 Department of Planning and Zoning NA.6 1315 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF .158± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 28 NORTHWEST 30 STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item NA.5 was deferred to the March 23, 2017 Planning and Zoning Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "T5-O", URBAN CENTER TRANSECT ZONE -OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: For minutes referencing Item NA.6, please see Item NA.5. City of Miami Page 190 Printed on 3/2/2017 City Commission Meeting Minutes January 12, 2017 NA.6 ORDINANCE First Reading 1315 Department of Planning and Zoning ADJOURNMENT AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 26 NORTHWEST 30 STREET AND 28 NORTHWEST 30 STREET, MIAMI, FLORIDA FROM "T5-O", URBAN CENTER TRANSECT ZONE -OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE -OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Carollo, Suarez ABSENT: Gort Note for the Record: Item NA.6 was deferred to the March 23, 2017 Planning and Zoning Commission Meeting. The meeting adjourned at 6:32 p.m. City ofPage 191 Printed on 3/2/2017