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HomeMy WebLinkAboutCC 2017-02-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes February 9, 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 February 9, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the 9th day of February , 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 9:05 a.m., recessed at 12:31 p.m., reconvened at 2:59 p.m., and adjourned at 5:41 p.m. Note for the Record: Commissioner Gort entered the Commission chambers at 9:07 a.m., Commissioner Suarez entered the Commission chambers at 9:08 a.m., Commissioner Carollo entered the Commission chambers at 9:09 a.m., and Vice Chair Russell entered the Commission chambers at 9:27 a.m. ALSO PRESENT: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the February 9, 2017 meeting of the City of Miami City Commission in these historic chambers. 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, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer and the pledge of allegiance. Please, all risc. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 1759 Honoree Presenter Mariano Cruz Mayor & Comm Gort National Health & Wellness Week Mayor Regalado RESULT: PRESENTED Memorial Tribute Proclamation 1) Mayor Regalado and City Commissioners paused in their deliberations of governance to salute and commend the life of the late Mr. Mariano Cruz, a beloved City of Miami Citizen, and presented a Special Memorial Tribute. Mr. Cruz was a committed activist who worked tirelessly on behalf of the citizens and residents of Miami and served on several City of Miami Boards. 2) Mayor Regalado commended the efforts and the support of the health and wellness coaches of the United States on their important work to improve the health and wellness of the nation, and therefore proclaimed the week of February 13, 2017 City of Miami Page 1 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 through February 19, 2017 as National Health and Wellness Coach Recognition Week. Chair Hardemon: We will now begin to make our presentations and proclamations. Presentations and proclamations made. Chair Hardemon: Are we finished with our presentations? Yes. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: There are no minutes scheduled to be approved. MV - MAYORAL VETOES ORDER OF THE DAY NO MAYORAL VETOES Chair Hardemon: The -- Are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETOES Chair Hardemon: And now well begin our regular meeting. Our City Attorney will state our procedures to be followed. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including any 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 the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on at wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the required disclosures, pursuant to the City Code. 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 or 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. 1f the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action. 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. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com [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 be permitted. Anyone making offensive remarks or who becomes unruly in Commission chambers will be barred City of Miami Page 2 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 from further attending Commission meetings and may be 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 notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have 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 withdrawn, deferred, or substituted. Thank you. Chair Hardemon: You're recognized, sir. Daniel J. Alfonso (City Manager): Thank you, Mr. Chairman. Good morning. Good morning, Commissioners. Commissioner Suarez: Good morning. Mr. Alfonso: It has been asked that we take item RE.6 and defer it to March 9. Commissioner. Suarez: Yeah. Mr. Chair, if7may? Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. Yeah, that's an item that 1 put on the agenda. I've had -- Comcast came to visit with me, and we're working on a couple of initiatives, and so I -- rather than put the resolution on the -- up for a vote today, I want to give them an opportunity to work with me to see if we can come up with some initiatives that will address the concerns that were articulated in the resolution. So I'm requesting, basically, a 30-day deferral on that. Chair Hardemon: Okay. Are there any other items? Is there a motion in accordance with the -- Commissioner Suarez: So moved. Chair Hardemon: -- deferral? Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded to defer item RE.6. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Commissioner Suarez: Mr. Chair, if I may -- Chair Hardemon: Yes. Commissioner Suarez: -- be recognized quickly? I'm not sure if this is the appropriate time to do this, but I was told that I had to do it during the order of the day, which is that I want to sponsor future legislation, File ID Number 1690. It's on as `'Future Legislation," and I'd like to sponsor it so that it can come on the next agenda, the February 23 agenda. City of Miami Page 3 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Gort: Which one you're talking about? Commissioner Suarez: Sorry? Commissioner Gort: Which one? Commissioner Suarez: It's on the back. It's future legislation. Chair Hardemon: You mean the FL.1 ? Commissioner Suarez: Yeah. It's -- I think it's ID Number 1690; is that right? Chair Hardemon: Is that on today's agenda as FL.1 -- Commissioner Carollo: Yes. Chair Hardemon: -- zoning (UNINTELLIGIBLE) T6-24? Commissioner Suarez: Yes. Commissioner- Carollo: Yes. Chair Hardemon: All right, it'll be -- it's duly noted. Commissioner Suarez: Thank you. Later... Chair Hardemon: RE.1. Commissioner Suarez: Last item on the agenda, Chair? Victoria Mendez (City Attorney): Chairman, if I may, to give you just good news with regard to the roll call? Chair Hardemon: No, no. Commissioner Suarez: Is it good news? 1 don't know. Ms. Mendez: We did -- Commissioner Suarez: That presupposes you know what good news is for us on that issue. Ms. Mendez: Well, for the Chairman. Commissioner Suarez: Oh, okay. Ms. Mendez: For the Chairman. Commissioner Suarez: Okay, okay. Ms. Mendez: So I put my money on the Chairman's parliamentary procedures. He was correct in that a roll call vote is not necessarily needed. The reason why it's always been done is because Florida Statute 166.041 says that, "On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting." Then when you read that in conjunction with Mason's, it City of Miami Page 4 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 says that, in Section 306, "Voting is ordinarily viva voce" --1'm probably killing that -- "and some member" -- Chair Hardemon: Voice -- which means "voice vote." Ms. Mendez: Yes. -- 'feels that on a particular measure, the vote should be by roll call or by ballot,, the member is entitled, before the vote is taken, to propose the manner in which the vote may be taken." So based on those things -- and you've also discussed in the past that if a "no" vote is not heard, then it is -- all is actually a "yea" vote. If the Clerk is able to record those, pursuant to Florida Statute, then the roll call vote is not necessary, unless one of you asks Jroone, and then you would vote on that. So you were right. Chair Hardemon: That's okay. Vice Chair Russell: I thought the roll call was so we could hear someone else's vote before we vote. Chair Hardemon: That's what people think. That's what people think. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: This is our opportunity now for public comment. During this time you're allowed to speak on any of the agenda items that are on today's agenda, so that includes our consent agenda, our public hearing items, our second reading items, our first reading ordinances, our resolutions, boards and committees. This is your opportunity to be heard. So if you're a member of the public and you came to speak on an item, please step to either of the lecterns. I want you to say your name -- I'll -- say, your first name, your last name, your address, and then which item it is that you're speaking about. So remember, this is the public comment section of our agenda. If you're here from the public to speak, say your name, your address, and which item it is you're speaking about. Mr. Mayor, you're recognized. Mayor Tonics Regalado: Thank you very much, Mr. Chairman, members of the Commission. I'm here in support of SR.1, the second reading for the solar panels ordinance. The Building Department has been working in terms of the turnaround of the permitting process, and I think that we are almost done with that. So today, you have the second reading, and I thank you for the support on the first reading. I'm also here on support of RE.1, the RFP (Request for Proposals) for the Virginia Key Marina. As you know, this Commission has been very diligent in supporting the renovation of the Miami Marine Stadium. As we speak, the -- Heisenbottle and Candela, the architects that were chosen after the RFP, are working -- about 20 people have been working there, and they will have a report ready before the end of March. This triggers the next RFP in terms of construction, and the operators, so the Miami Marine Stadium is underway. The Marina, as you all know, will be supporting the Miami Marine Stadium debt; and also, it's important, because for several weeks, all the members of the Commission had been able to have input in this RFP. We -- you know, sometimes people say, "Well, you know, everything is of time sensitive, " but if we wanted to follow the process, we really need this RFP out today so we can have the long process of responding to the potential bidders, for the selection committee, for the Virginia Key Advisory Board; and finally, the City Commission, for the placement in the ballot on the November election. I think that that would be the icing on the cake for Virginia Key, since we have many, many plans moving on in terns of'the Marine Stadium. So I'm here on support of voting "yes" on the RFP, Virginia Key Marina, RE.1. Thank you. City of Miami Page 5 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Thank you very much, Mr. Mayor. Ma'am, you're recognized. Jody Finver: Good morning. Jody Finver, 1654 Tigertail Avenue, Miami, 33133; here for SR.1. As a volunteer for the League of Women Voters working on the rooftop solar co-op initiative, I'd like to thank Mayor Regalado, Commissioner Russell, and the rest of y'all for showing your commitment to solar; and through SR.1, 1557, waiving permitting fees is not a small feat, and the same can be said with regard to expediting the permitting process to three days, which is enormous, so thank you so much. I'd like to thank Jose Camero, from the Building Department, and Lissette Lopez, for working with me to sit down with the Building Department and the solar contractors and talk openly and frankly about the challenges that we face and many ways to improve them. 1 would like -- I lookforward to reaching out and working with each of as the League moves, forward, launching these solar co-ops, and working together to help homeowners in Miami lower their utility bills, help combat climate change, and send a message to the utility companies about their rate hikes. And if none of you have rooftop solar on your roof you can come and talk to me, and I can help you make that possible, because it's right there and it's just waiting. Thank you. Chair Hardemon: Thank you. You're recognized. Robert Deresz: Hello. My name is Robert Deresz. I live at 200 Southeast 15th Road, Unit 7K, right on the water, off of Brickell; been here since 1970, and around the water. That's my job. I have a job. Excuse me; I get very nervous when I come up here. I'd like to -- after this, I'd like to have just a second on the website at the -- that fact that you can't find any of this stuff You had to click on the "date "just to find all this information. It's unbelievable how it's hidden. Look at -- on the website under it. Doesn't come up under "agenda" and "agenda items." You have to hit the date. It's very strange. Okay, so go, right? Thank you. I come from Detroit. I've seen the Gold Cup Race, this hydroplane races 10 times. It's awesome. They claim two -- a quarter of a million people on one day in Detroit. Now, since the fact that Detroit gone down, it's 75,000 people in one day, not 2,014. Seattle claims a half a million currently. If you include that land, that submerged lands in the RFP, you won't have enough space, for the boats to go around, you know, and they're going to have to work a deal at the stadium with the RFP or -- and of course, it's written so that you can have a marina later on, you know, with -- just with a City Commission meeting, so you'll never have these races. So now I'll continue. Thank you. Why does the new 75-year Virginia Key Marina lease request for proposals, RFPs, still include almost all the bay area, submerged land north of it, and half of the whole bay north of Miami Marine Stadium? The 300 additional boat slips that were to be built in this sensitive area have been removed due to strong public opinion. Yet, the many acres of submerged land are included in the new RFP, and as I said, you can vote to change that and have -- put the marina in there at one meeting. I wonder why -- according to the RFP. I wonder why the developers with the large visual displays of the marina weren't included last -- with their visual boundaries of the RFP and then not attend the last City Commission meeting. I also see where the exhibits are not available on the website, either. If the developers can have a 75- year lease, why can't we, the citizens, have the same 75 year moratorium on any development of our bay, property, and parks? Why do we need to continually fight to retain their sovereignty? The entire bay area north of the current marina RFP and stadium need to be controlled by the City Parks and Recreation Department, which you say we need more of Lastly, why was the alternative of the City better profiting by -- alternative of the City better profiting by developing, managing the marina shutdown by the opinion of one company, that has the history of working along with and being employed by private developers? Well, after today's paper, reading what was in there, now I understand why that happened, why we can't -- And City of Miami Page 6 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 1 also understand why our marine managers weren't asked an opinion about us running the marina, whereby we'd own -- make so much more money. So now who's going to be running these slips? The foreigners with all that illegal money, according to the paper two weeks ago, half the condos are purchased by illegal money. Now, they'll be able to bring their mega yachts here and afford to pay the $75 per foot, per month, like they get over in South Beach. None of us are going to be able to do that; takes illegal money to do that. It is because the public does not have -- oh, lastly, they claim -- oh, they -- you claim it's too risky -- they claim it's too risky for the City financially; yet, the City will guarantee the developers loan and bond. Why are we -- why can't we build -- run the marina? They say it's too risky, but it's not risky enough for us to back up their -- the loan? I don't understand that. Chair Hardemon: Sir, your -- Mr. Deresz: Okay. I'm almost -- last thing. The City Manager and City lawyers recently shouted down the suggestion of a couple City Commissioners to hire a lawyer who specializes in real estate transactions. Our City employees should be working to remove any loopholes -- Chair Hardemon: Sir, Mr. Deresz: -- not creating. One last thing. A loophole. Chair Hardemon: Sir? Mr. Deresz: The lease we have right now -- Chair Hardemon: This is -- it's ahnost like -- Mr. Deresz: -- with Rickenbacker -- Chair Hardemon: Sir? Mr. Deresz: -- they get 40 percent for any subleases. The new RFP, we get 4 percent. What's that all about? Thank you very much. Chair Hardemon: You're recognized, sir. Simon Rose: Good morning, Commissioners. My name is Simon Rose. I live at 1654 Tigertail Avenue, here in Coconut Grove, and I'm here today to voice my support for the solar initiative ordinance 1557, which would waive City ofMiami rooftop solar permitting fees. In July of 2015, we installed rooftop solar at our house. Since then, our rooftop system has been providing enough energy to provide for our entire electrical needs. Inflict, our system produces enough surplus that we're looking to purchase an all -electric car, a Chevy Bolt, assembled in Michigan, that will be fueled by the sun. The solar panels on our roof are made in the USA (United States of America), installed by workers here in Miami, and powered by Florida sunshine. I see no reason why this Commission should not make all haste to support this win -win, win -win initiative. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Maggie Fernandez: Good morning, Mr. Chairman, Commissioners, Mr. Mayor, Mr. Manager. It's great to be here today. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. I'm here to speak in favor of resolution SR.1 on solar and waiving of the permitting fees. This is the first step, though, in making solar more affordable. Another thing that the City can do, and I encourage the City to do, City ofMiami Page 7 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 is to actually expand the PACE (Property Assessed Clean Energy) programming, expand the platform in order to create more competition, and allow other companies to compete for customers, hopefully reducing the interest rates that are charged. So that's just one suggestion. And speaking of energy, I also want to speak in favor of resolution RE. 7. I love my friends in FPL; they're great people, but it's unconscionable to think that, as rate payers, we need to pay -- including the City as a rate payer -- that we need to now pay for the cleanup that -- at Turkey Point. So I am in favor of this resolution, and challenging it in whatever way is necessary so that we don't have to pay for that. Thank you very much, and have a wonderful day. Chair Hardemon: Thank you, ma'am. Sir. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Good morning Commissioners, ladies and gentlemen in the audience. I told my wife last night that we were having venison for dinner, and she said, "Oh, dear. "And when I saw Discussion Item 1, I said, "Oh, dear," because I wanted to come and speak about that. It's almost deg! vu. About 10 to 12 weeks ago, Grace Solares, who's at the other podium right now, and I stood before you speaking about the right of residents to speak directly following an issue on -- that you are discussing. Commissioner Carollo has placed in the discussion items, DI.1, the right of citizens and residents to address the Commission following the presentation. I believe that it is very important. I understand Conmrissioner Hardemon's desire to have the public speak, so those who had to go to work could go to work, and I find that very commendable, but there are many of us who wish to speak on more than one issue. There are many of us who wish to speak about planning and zoning issues that we don't even know what's being presented until the afternoon that they're presented, and we would like to speak to those issues. And I spoke before to Commissioner Hardemon; he is a defense attorney. And Commissioner Hardemon, I tried to point out an example, would be that if a defendant that you were representing -- you had to present your entire case in the morning; in the afternoon, the prosecution presented their case, and you couldn't cross-examine a single witness, I don't think that you'd feel they you were giving proper representation to your client. I don't feel the residents are being given proper representation when we're only allowed to speak in the morning and not directly following an issue. Thank you very much for your time. Grace Solares: Grace Solares. Mr. Chair, Commissioners, I would like to request that you allow me to speak when RE.1 actually comes. At that time, you'll have the benefit of the legislation before you, the supporting documentation, and possibly, I am expecting that Mr. Rotenberg will probably be here, because I actually engaged in some kind of a back and forth at the Virginia Key, and I'd like to be able to speak at that time. Mr. Chair, I would like to request that 1 be allowed to -- Chair Hardemon: Anything for you, Grace. Ms. Solares: Thank you, sir. Elvis Cruz: Good morning, gentlemen. Elvis Cruz, 631 Northeast 57th Street. I also wish to address DI 1. However, my eloquence cannot match that of Nathan Kurland. He completely laid out the issue very succinctly. There are a number of citizen activists in the City; 1 like to call myself one of them. We are a part of the system of checks and balances, and by not allowing us to speak to an issue when it is heard, it severely limits that system of checks and balances. It's antethical [sic] -- whatever that word is. It goes against the concept of democracy -- Commissioner Suarez: Antithetical. City of Miami Page 8 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Cruz: -- and transparency in government. So I would ask you, please, consider a hybrid system where those who wish to speak in the morning at the open public hearing, like we're having right now, can do so; and then those who do wish to speak after they've heard the presentation from, for example, a developer and the City staff can do so at that time. Secondly, I want to mention and thank Commissioner Carollo for his excellent work in putting forth the SR.2 item, the parking issue. Our neighborhoods have been invaded by commercial parking for far too many years; much of that pushed into the neighborhood because of paid parking being established on the corridors. So Commissioner, I thank you for this initiative. I hope all of you will pass it on second reading. Thank you. Teresa Pereira: Good morning. Teresa Pereira. I am here in behalf of the landscape architecture firm Raymond Jungles, here in the Grove, at 3000 Grand Avenue, and I'd like to be in support of First Reading 1 on the -- Item 1399, on the tree ordinance of the City of Miami for environmental preservation. So I'd like to say that we are really in support of increasing the fines for trees removed without a permit, which is in the updated version. And I'd also like to say that we've been working pro bono on efforts here in the Grove to increase canopy coverage, especially on 27th Avenue, from Bayshore Drive to US 1, so we really care about making the neighborhood and the City ofMiami more walkable, and more biodiverse. That said, we also are willing to help out with refining a little bit more of what is in the ordinance. I think there's a lot of things within the mitigation calculations. If you were to remove a tree, there's a little bit more undefined items, as in multi-trunkpalms are not counted in the ordinance, and 1 think the public needs to understand how they actually should mitigate those trees, if they were to replace those trees they're removing appropriately. So I'm here to say that we are -- we have met with the City ofMiami environmental resources with Quatisha Oguntoyinbo-Rashad, in actually expressing our interest in refining how to mitigate these trees, and actually educating the public on what native trees are more appropriate for replacement of what's already existing in order to create a better district. So I'd like to just end with that and say that it is going in the right direction, and we're here to support the ordinance. Thanks. Chair Hardemon: Thank you, ma'am. Horacio Stuart -Aguirre: Good morning, Mr. Chairman -- Chair Hardemon: Good morning, sir. Mr. Stuart -Aguirre: -- Hardemon, Vice Chairman Russell. Horacio Stuart -Aguirre, office at 2730 Southwest 3rd Street, Suite 403, Miami, Florida. Very proudly here to speak in support of the lease between the City ofMiami and National Marine Manufacturers Association for the Strictly Sailboat [sic] show event at Miami Marina at Bayside, and I'm also speaking in support of the RFP for Virginia Key. I'd like to remind you that studies indicate that the recreational marine industry is definitely in the top seven industries in Miami -Dade County. You all tend to think of the larger manufacturers that we've had, like Bertram Yachts, Merrill Stevens, Norseman, Apex Marine, Hurricane Cove, John's Boat Chart, but often we forget that over 500 small businesses provide daily year-end, year -out sustainable employment to people that manufacture components, service components, and install components to the marine industry, so 1 encourage your support. Thank you. Brandon Cornejo: Hi. I'm Brandon Cornejo. I'm representing Raymond Jungles, Incorporated, in Coconut Grove, and I'm here to just give a little bit of support for the tree ordinance updates for FR.1, 1399, and we -- we're just finishing up the Grove At Grand Bay project, which has a bunch of rare, unusual, and botanically interesting plants and trees, and with that, we are introducing a lot of tree canopy in City ofMiami Page 9 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 our community. One of the things that we've been working on -- working with, we had a meeting with Anthony Balzebre, and we talk -- we gave him recommendations which would support increasing and creating potentially scenic transportation corridors in Coconut Grove, and there hasn't been any scenic transportation corridors that have been allocated since, I believe, 1976. So we'd love to increase opportunities to protect more trees, and then also looking at specimen trees as items that we can preserve individually. Right now these trees have to be within environmental preservation districts to get -- to obtain additional protection, but if we could potentially like preserve or protect individual trees, we can see less trees being taken out of the Grove with development. So we're here to support the tree updates -- or tree -- updates to the tree ordinance, and we would love to work with you guys in the future. Thanks. Chair Hardemon: Thank you, sir. You're recognized. Renita Holmes: Good morning. I'm Madam Renita Holmes, chief executive officer, as well as the founder of Wave of Women in Public Housing and Our Homeless Business and Property Services, but personally, I'm here and concur and agree highly with the gentleman that spoke in regards to DI. I, the discussion items. And as a citizen, my concern, wholeheartedly, to express the need for more process. I believe that there has been a series and a pattern in trends of where, when we come to speak in such term, in comparison to participating in 30-day apart meetings, if we want to he really civically engaged, let alone without -- or with -- and I'm hoping that it'll be "with, " as you pay attention to my response to BC.8, on the Commission of the Status of Women, and some of the issues that come out as a pattern and trend of when citizens don't say what you like. And we all, as legally, have a foundation in ethics as legal professionals or political professionals or speakers or debaters, or those who prefer intellect would know that, if you give me two minutes of time, when it takes about two years to come up with a plan, then there is not really fair input. And we also know that right now in the State, we discussed the issues about constitutional representation and reform, but you are the guiding light, and I appeal to each and every one of you personally, Mr. Chair, that we do give due process and due diligence, because just because you don't like what someone says does not give any official authorization to tell anyone or put their hands on anybody here. And so it's two minutes, or we're back to war, and I don't believe that's what intellect is all about, so it requires a lot of attention. Particularly on the Commission of the Status of Women, I appreciate Commissioner Carollo's appointment, but I'm going to tell you something. Gentlemen, in closing, several months ago, you discussed a resolution about board members taking lead and being able to take over, but if it's going to be from -- directly from management of the City staff what the agenda is, then please -- these are not favors; this is sabotage -- please consider in the discussion allowing fair participation, and please aid those of us who are volunteering on the boards your oversight, and what is not working, what is unethical, and what should not be done by staff or any of us. That way, we all get along, and we won't be at war, because we will not be having hands on because you or I or the Mayor disagrees with anything any woman says in this public hearing or in this process. Thank you so kindly. Chair Hardemon: Thank you. Sir, you're recognized. David McDougal: My name is David McDougal. I live at 4231 Northwest 11 th Place, Miami, 33127. Thank you, Commissioners and Chairman Hardemon, and Mayor Regalado. I want to thank Vice Chair Ken Russell and Mayor Tomas Regalado for resolution -- for sponsoring SR.1, to waive permitting fees for the installation of solar panels. As a city that's becoming a leader in the adaptation side of addressing climate change, it's critical that we also take these common sense steps to make it less costly for residents to install solar panels, and that we incentivize the City of Miami Page 10 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 genesis of solar energy generally. 1 also want to support open platform for the PACE Program. I think we need to expand accessibility and quality, and affordability of this program that benefits low-income homeowners and businesses. I also want to speak quickly in favor of RE.7. It's clear that taxpayers should not have to pay for Turkey Point canal cleanup. FPL created the mess, and bond holders and stock payers should pay to clean it up. Thank you. Chair Hardemon: Thank you very much, sir. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I am -- actually just want to clarify something. I couldn't receive the emails with the agenda this time, and I don't know if it's a issue with the system, but for the SR.2 that you have, the ordinance that's a second reading, we have an issue in 19th Street and 19th Avenue -- no, 19th Street and 17th Avenue, where a traffic light was broken. It was so many accidents in that corner. And we've been meeting with the owners and with the (UNINTELLIGIBLE) homeowner in Shenandoah, and we are trying to figure out, are you guys going to give the little tickets for residents? Because we have increasing of not just commercial, but other vehicles be parked there. People goes apparently to work, I guess, and they leave the cars in our driveways or in our - - in front of our houses, and we know those are not our neighbors. So this SR.2 is going to be giving tickets, you know, little stickers, decals, Jrothe residents, or it's just going to be for commercial? I couldn't read because I didn't get the email fbr the agenda this time, too. I would like fbr you guys to kind of clarify that. And in FR.1, which is for the trimming, and 1 think we really updated. We have to get our ordinance more clear in many different ways. One example I can give you is, do you guys know that bamboo is not is a tree? It's a grass. It's one of -- so when you get a citation on the bamboo because you cut a bamboo in front of your house, guess what? It's not a tree; it's a grass. So -- and I hear a lot of people complaining about that. The other thing I want to address is, in the County, when you go and you have a public hearings at the beginning, you still have a second chance after you read an item for the public to comment; maybe something that you guys might want to think about it. Sometimes it's frustrating to get here for two minutes and speak about things that you need, and I know that you're trying to address and try to be faster, and truing to be more efficient, but sometimes the public feels that you guys are not listening. So, please, think about it. It's important for people who want to go to work, but it is important for you guys to listen to every item, if it's any comment, because you might going to have items and nobody is going to say anything, but it is going to be few items that people want to speak at the same time that you guys are discussing, so please keep in mind. It's great having open public hearings in the morning when -- at 2 o'clock in the afternoon, but when you're doing with a specific items who affect the public, we actually want to speak in that items, and I'm talking not just about myself, but other people; that we feel efficiency is great, but when you're not addressing the public's comments, it's not that efficiency [sic]. Thank you. Chair Hardemon: You're recognized, sir. Luther Campbell: Good morning, good morning, Commission. Luther Campbell from Liberty City Optimist. You know, I'm here on the item PH.1 -- no, PH2 for the CDBG (Community Development Block Grant) funding for the program. As everybody is aware, you know, our program, you know, we have over about 3, 400 kids on a year-round basis; and thanks to you guys, we have a gymnasium right now with classrooms and everything, and those numbers probably will end up doubling because of the success of the gymnasium and everything that's going on in there right now. If you just ride by, you'll see -- you know, you'll see firemen, police officers; you'll see kids working out in the facilities, which is a great thing for the community. We're bringing it together, and these funds from the CDBG funds allows us to be able to give back to these kids. You know, it's a small amount. We wish it City of Miami Page 11 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 was a lot more, but we're happy for those funds. And, you know, I'm here to support that. President of Liberty City Optimist, and thank you for the time. Chair Hardemon: Is there any other person here for public comment? Seeing no further public comment, I'll close the public comment section at this time. City of Miami Page 12 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1492 PERSONAL APPEARANCE BY ROSA FERNANDEZ AND MAXIMO PEREZ REGARDING CODE VIOLATIONS AT 830 NW 28TH AVE MIAMI, FL 33125. rRESULT: DISCUSSED Note for the Record: Commissioner Gort discussed why Rosa Fernandez and Maximo Perez did not appear before the City Commission for Item PA.1. Chair Hardemon: And we have a personal appearance; Ms. Rosa Fernandez. Is she present? Daniel J. Alfonso (City Manager): Mr. Chairman, real quick. Chair Hardemon: Yes. Mr. Alfonso: I'm sorry. The item that you want to sponsor, Commissioner, has to go to PZAB (Planning, Zoning and Appeals Board), so it's going to have to be in March. Commissioner Suarez: Understood. That's fine. Just so that it --for purposes of the 60-day future legislation window, but obviously, respecting the Code and whatever has to be done procedurally. Thank you. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: I understand, the people from personal appearance, they're from my district. We've been working with them for the last two years. And I think, finally, there was violations of the home; there was squatters; they had all kinds of problems and fines. The -- my understanding, the property was acquired by a bank. Our City Attorney's working with that bank to make sure we get the people out of there, and we comply with the Code Enforcement. At the same time, they had a conversation with the Code -- with our City Attorneys, and they explain to them what the process is like, because people understand -- they think that -- they'll file a complaint in Code Enforcement, and we do send the response to Administration, but it takes a certain procedures to get things done. So it was very important for them to know. So that's why there's no need to be here today. Chair Hardemon: Okay. So, if it's okay, I'll -- then I'll withdraw PA.1 from the agenda. That's fine? Okay. END OF PERSONAL APPEARANCES City of Miami Page 13 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 1569 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-17-0062 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 1535 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE SOLE BID RECEIVED OCTOBER 18, 2016, PURSUANT TO INVITATION FOR BID ("IFB") NO. 637385, FROM MV SELF STORAGE LLC DBA BOXVAULT, TO PROVIDE SELF STORAGE FACILITIES CITYWIDE, ON AN AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD FOR AN ESTIMATED AMOUNT OF $180,000.00 IN THE AGGREGATE OVER THE SIX (6) YEAR TERM; ALLOCATING FUNDS FROM VARIOUS DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0063 This matter was ADOPTED on the Consent Agenda. City of Miami Page 14 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 CA.3 1722 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $14,900.00, AS REIMBURSEMENT FOR LEGAL FEES TO RONALD J. COHEN, ESQ. FOR SUCCESSFULLY DEFENDING MIAMI POLICE OFFICER CARLOS ANTUNEZ, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF MIAMI AND RONALD J. COHEN; ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL (NON - DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0064 This matter was ADOPTED on the Consent Agenda. CA.4 RESOLUTION 1723 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI AND NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE "STRICTLY SAIL MIAMI" VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW, COMMENCING FEBRUARY 11, 2017 THROUGH FEBRUARY 23, 2017 WITH TERMS, AND CONDITIONS MORE PARTICULARLY SET OUT IN THE AGREEMENT. ENACTMENT NUMBER: R-17-0065 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair Hardemon: Commissioners, is there a motion to approve the consent agenda? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved. Is there a second? Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. Any discussion? Hearing none, all in favor of CA (consent agenda) -- of passing the consent agenda, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 15 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1435 Department of Community and Economic Development 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 FUNDS, IN THE AMOUNT OF $368,324.00, TO THE AGENCIES AS SPECIFIED IN ATTACHMENT "B", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICES; WITH FUNDS ALLOCATED FROM THE SOCIAL SERVICES GAP PROGRAM FUND, ACCOUNT NO. 00001.910101.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE SAID ALLOCATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCIES, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0066 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Commissioners, is there a motion to approve the public hearing items? Commissioner Suarez: So moved. Chair Hardemon: It's been properly moved; seconded by the Chair. Is there any further discussion about these items? Todd B. Hannon (City Clerk): Excuse me, Chair, it's my understanding, I believe PH.1 needs to be amended. Chair Hardemon: Is there an amendment? George Mensah: Good morning. George Mensah, director of Community and Economic Development. Yes, PH.1 needs to be amended to remove Brothers and Sisters. They're no longer active as an organization. Commissioner Suarez: As amended. Moved as amended. Chair Hardemon: And seconded -- and accepted by the seconder. Commissioner Gort: I'm sorry. And which organization? City of Miami Page 16 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Brothers and Sisters. Commissioner Suarez: Brothers and Sisters. Mr. Mensah: Brothers and Sisters. Commissioner Gort: Yeah, okay. All right. Chair Hardemon: And I will make a comment. The last gentleman that spoke talked about the funds being little, but I wanted to make it very clear -- Ms. (UNINTELLIGIBLE), if you can hear me -- that this is GAP (Government Assistance Program) funding, so this money, is used to gap them from one -- it's extending the year -- Mr. Mensah: Yeah. Chair Hardemon: -- basically, the fiscal year that they've received their dollars, so the amount of funding that these organizations receive has not been reduced; it's actually being extended upon to meet the new -- I think it's about a I8-month period. Mr. Mensah: Yes. Chair Hardemon: All right. Any further discussion? Hearing none, all in favor; say "aye. The Commission (Collectively): Aye. Chair Hardemon: Motion passes. PH.2 RESOLUTION 1437 Department of Community and Economic Development 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 AN ALLOCATION OF FUNDS TO THE AGENCIES SPECIFIED IN ATTACHMENT "B", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $416,426.50, FROM THE AIDS TO PRIVATE ORGANIZATIONS FUND, ACCOUNT NO. 00001.910101.882000, TO EXTEND THE CURRENT PROGRAM YEAR FROM TWELVE (12) TO EIGHTEEN (18) MONTHS; 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-17-0067 City of Miami Page 17 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PH.2, please see "Public Comment Period for Regular Item(s) and item PH.1." END OF PUBLIC HEARINGS City of Miami Page 18 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 13658 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item SR.1, please see "Public Comment Period for Regular Itern(s). " Chair Hardemon: SR.1. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Vice Chair Russell: Move it. Yes, move it. Chair Hardemon: Moved by the Vice Chairman. Commissioner Suarez: Second. Chair Hardemon: Seconded by Commissioner Suarez. Any further discussion? Vice Chair Russell: Yes, Mr. Chair. Chair Hardemon: You're recognized. Vice Chair Russell: I'd like to thank the Mayor for initiating this effort. I'm glad to co-sponsor it. This is just a very small thing we can do, and I'm very excited about all the other initiatives we're taking on with regards to alternative forms of energy. We had a pilot program for a solar -powered street light several months ago. Mr. Manager, I was wondering if we could get an update on how that pilot program went and what the next steps would be to proliferate our City with solar powered street lamps. Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Public Works director. The solar -powered streetlight program, we are looking at additional locations in the City, and we're preparing a memo right now to summarize how the six-month program that ended in December went. We've identified 26 additional City of Miami Page 19 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 light poles that can be installed in Coconut Grove, here at City Hall and in Wynwood, and in downtown, so. Vice Chair Russell: And I believe we also, during the last budget, talked about Museum Park, and solar powered lights for Museum Park. We allocated a certain funds for that, so that should also be on the list. Mr. Santana: Okay. We can look at Museum Park, as well. I think your district and District 5 had money appropriated for street lighting. Vice Chair Russell: And from a budgetary perspective, if I'm not mistaken, I remember, during the initial installation, the difference in cost between the solar light, which people would think is more expensive just because of the technology, is actually less than half of that .for a traditional installation. You don't have underground utilities; you just plant it like a tree, and obviously, no further ongoing cost of electricity consumption, but if I understand right, the traditional lamp installation is over 10,000 per lamp and the solar is about 4,000-something. Do you have those numbers? Mr. Santana: The decorative street light installed will run anywhere between 12 and $15, 000 per street light pole. A solar powered street light, with installation, runs in the neighborhood of about $10,000. Vice Chair Russell: 10,000, okay. Mr. Santana: Yes. Vice Chair Russell: But still -- Mr. Santana: There is a savings and -- at the capital front end and in the long term with energy cost savings. Chair Hardemon: Does that depend on the height of the installa -- the actual device? For instance, if you had a 11-, 12 foot -tall pole versus a 4 foot or 5 foot (UNINTELLIGIBLE)? Mr. Santana: Absolutely, absolutely. There is a cost difference between a pedestrian -type lighting fixture and a street light fixture. Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Russell: Thank you very much. The other thing we had asked to -- the management to analyse several months ago was the potential for solar -powered roads. I don't know if you recall this. We did receive a report back from the City with regard to that, and I've since had further discussions with the vendor in France, actually, that currently is producing test programs for solar powered roads. It's basically an adhesive that goes on top of the road. It's not where you reconstruct the road with solar panels. It's simply a topical adhesive, and it can feed into a grid or power a battery systems or power street lamps or buildings, parks, or even electronic vehicle charging stations. So I'd like to take that a step further and direct the management to look at a potential pilot program for that. I believe there's plenty of funding that we can find, even though it's not currently at its most feasible yet. Financially, I think we need to be at the forefront of this, being Miami and having the most sun in the country. I'd like to involve the management with further discussions with this potential vendor for a pilot program. Mr. Santana: Very well. City of Miami Page 20 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Okay. Any further discussion? Hearing none, all in favor of SR. I, say aye. The Commission (Collectively): Aye. Commissioner Suarez: It's an ordinance. We didn't get her to read it. Chair Hardemon: Oh, I'm sorry. He already read the ordinance -- Commissioner Carollo: Roll call. Chair Hardemon: -- so it's roll call. Commissioner Suarez: No, but you didn't get a roll call vote. Chair Hardemon: It doesn't matter. Commissioner Carollo: Roll call vote. Todd B. Hannon (City Clerk): Actually, this is something that the Chair brought up, and it can be the will of the Commission, butt did look into whether or not a roll call was required for an ordinance. Chair Hardemon: Thank you so much. Mr. Hannon: And I didn't -- Chair Hardemon: Go ahead; I'm listening. Mr. Hannon: No, I thought you might -- Chair Hardemon: No, no, I -- because I know what you're going to say. Mr. Hannon: -- enjoy this discussion. Chair Hardemon: I didn't know you were going to say that, but go ahead. Mr. Hannon: And from my research, I was not able to find anything in the state Statute or in our Code that requires the roll call vote. So I think it may be more of the will of the Commission -- Chair Hardemon: I was saying that. Mr. Hannon: -- as to continue with a roll call or just a straight up or down vote. Chair Hardemon: I didn't know you were going to say that today, but I appreciate that. Madam City Attorney, this is -- you know, roll call votes, it basically the will of the Commission how we want to take each vote, or the Chair, because 1 represent the board when we make these type of decisions. So many times you don't have to do a roll call vote, unless the Chair deems it necessary for certain types of votes that we're having. So, once again, as long as it's read into the record -- right? -- like -- Victoria Mendez (City Attorney): Yes. Chair Hardemon: -- what you're about to do --? City of Miami Page 21 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: The only thing we're checking, 1 believe, in Florida Statute 166.041, there may be something, so if you just give me a minute and -- Chair Hardemon: No, no, no. Just look into it. Ms. Mendez: Okay. All right. Chair Hardemon: And let's do a roll call vote until then. Ms. Mendez: All right. Chair Hardemon: Okay? Ms. Mendez: Thank you very much, Chairman. Chair Hardemon: No problem. Mr. Hannon: But I just wanted to clam, because I know the Chair did, you know, indicate to me what the origin was for this practice with the Commission. So I just wanted to make sure that, on the record, I was able to share with you that -- at least on my end, I wasn't able to find anything that actually required the roll call vote. Now, there may be something in a different statute, but that was just from my research. So with that being said, roll call on item SR.1. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance pass on second reading, 5-0. SR.2 ORDINANCE Second Reading 1590 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE III/DIVISION 1/SECTION 35-96 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING METER ZONES/GENERALLY/DESIGNATION OF CERTAIN ZONES; INSTALLATION OF METERS", TO ESTABLISH A CITYWIDE REQUIREMENT PROVIDING FOR NOTICE AND WRITTEN COMMENT AS PROVIDED HEREIN ON ANY INSTALLATION OF PAID PARKING ZONES WITHIN TWO HUNDRED FIFTY (250) FEET OF AREAS ZONED T3-R, T3-L AND T3-O; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13659 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item SR.2, please see "Public Comment Period for Regular Item(s)." City of Miami Page 22 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: SR.2, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: Been properly moved and seconded. Going to discussion. Madam City Attorney, can you clarify something? I know Ms. Betancourt asked a question about residents near these parking areas. I believe she was talking about Shen -- near Shenandoah, and are they receiving some sort of decal parking or something to assist them with their parking in those areas. Victoria Mendez (City Attorney): I -- Chair Hardemon: You can come up to clam. Ms. Mendez: Right. There are two -- this does not have to do with decal parking, which is provide -- is received through the MPA (Miami Parking Authority) and you just have to -- it depends. If you have the zone already, you obviously get the decals. If you want to create it, that is something that is done through the Parking Authority, and they're very helpful with that. Ms. Betancourt: Okay. Our complaint that we having is people that -- for example, right now the Water and Sewer project that is going on in Shenandoah, those employees are parking everywhere. So how will the term our "resident zone" is going to be used a parking space for our residents, our people, people who live in those houses, and not just in --? The workers will come and they park anywhere. Chair Hardemon: So it's not a resident zone today. It's not a -- Ms. Betancourt: Well., right now it's a construction zone, like a war zone. So what happening is we don't know how to address it, because, you know, if we address it through you guys, most of the time they say, "Oh, no. It's the Parking Authority. It's the Miami -Dade County. It's" -- so to us, it's like maybe you guys can clarify. Can we have our zone, how we do it -- Chair Hardemon: Madam City Attorney -- Ms. Betancourt.. -- to clam that? Chair Hardemon: -- is there any way that we can have temporary resident zone parking (UNINTELLIGIBLE)? Ms. Mendez: Well, that's what I was actually going to ask Ms. Argudin, that she's here, because, one, obviously, we can work with the County, that they have to have a staging area, and they need to park somewhere else that -- hut that, the Manager would need to deal with; and then Ms. Argudin, you can ask her if there's a temporary residential parking zone permit. Alejandra Argudin: Good morning. Chair Hardemon: Good morning. Ms. Argudin: Alex Argudin, Miami Parking Authority. I'm sorry; I was walking out, and I didn't hear the question. City of Miami Page 23 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: The question is whether or not we can have -- like a resident -- can residents have a temporary residential parking area, especially near construction zones, where you -- where the issue is that construction workers are parking where they would traditionally -- where the residents would traditionally park? Ms. Argudin: Definitely. And you can contact us directly. Commissioner Suarez: Mr. Chair? Ms. Argudin: Like I know sometimes it goes through the Commissioners to our office, and we make the best effort to address the situation, but you can contact us; I'll give you my card. There is a lot of construction that's encroaching into the areas, and so we're trying to address all those as the City continues to grow -- Commissioner Suarez: Mr. Chair? Ms. Argudin: -- so you can call me and we will -- Chair Hardemon: All right. Commissioner Suarez: Mr. Chair. Chair Hardemon: Commissioner Suarez. Ms. Argudin: -- address it. Commissioner Suarez: Thank you, Mr. Chair. So I'd like to put on the next agenda a resolution of the City Commission, creating such a temporary parking zone for the area that's under construction in the Shenandoah area, and I'd like to work with the MPA to think about some other goals, such as maybe having a citywide residential parking zone in T3s. That's something that I'd like to think about sort of in a more broad capacity, and how something like that could be enacted, because I think that would have a multitude of different benefits; not only for residents, but for a million different things. And I know the trick is in how do you actually create it, and how do you do it to make sure that it doesn't cost the residents a ton of money. And so I'd like to add -- work with the MPA and work with our Administration; obviously, Planning & Zoning Department, and I don't know if Public Works would be involved -- Public Works as well -- to potentially create a citywide T3 residential parking -only ordinance. Thank you. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I agree. I've had actually several recent constituent requests about this, and they're -- people don't know about the MPA site. They don't know how and what's involved with getting the residential -- the call is there. I got one as late as yesterday. In some places, it's not about construction; it's about where our zoning allows for restaurants to back onto a residential, and people instead of using the restaurant parking -- Commissioner Suarez: Right. Vice Chair Russell: -- when they're residential, so this option is available to them, if I understand correctly; needs to be at least one block of homes that get together to put this together; 51 percent of them must agree -- City of Miami Page 24 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Argudin: Yes. Vice Chair Russell: -- to do this, and it can cost $25 per year per home? Ms. Argudin: Yes. Commissioner Suarez: I think it's 15. Ms. Argudin: Per decal, and you get up to three decals in a year. Vice Chair Russell: And three decals. So the mechanism is in place, but it's not as simple as it might be. It's definitely not free. And people don't know about it. So a citywide method could be the way, but is there buy -in at the whole? I don't know. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. And I'd like to add to it. I've -- The Mayor and actually recently visited with some residents that had issues with having to pay fbr the visitor's parking. So if you have visitors, they actually -- it costs them money. So, you know, I've been working with MPA to see if we could come up with a method to somehow have -- first of all, we want to do it automated, so you could actually go on the website and automate visitor's parking, because right now you cannot do it. So we're working with MPA on that, but then how many should be free? You know, so -- is it 12, you know, "X" number -- or five a month or- -? You know -- so we could somehow mitigate that they're paying for visitors just corning to visit and parking, you know, in front of their house. So I think that needs to take -- be taken into consideration. Chair Hardemon: Yeah. I think one of the things you have to think about is that you don't want to kill an ant with a sledge hammer. Commissioner Carollo: Exactly. Chair Hardemon: So, you know, it's really impossible for us to consider each and every parking zone sitting up here on the dais, and how this will be a benefit to everyone. I think, when residents bring a concern, such as what you brought to us today, it's imperative that we address those concerns. My natural thought about it all is just those individuals who cannot afford, or it become burdensome. Because I'll tell you, once you receive that ticket, your first ticket, and then your second ticket, and now people have to respond to the MPA through the court system, make appearances, get things waived, and then they say to them, "(Expletive), I ought to just -- rather have the guy park there for five minutes than me have to go through this whole process, because all of my friends or my cars have now been ticketed." So, you know, I -- it's just something I think we should think about. Commissioner Gort. Commissioner Gort: You know, some of the things I've seen is, 1 think the Building Department can require the special major development to come up with a parking plan. Right now we have the same problem by the river on 12th, Northwest 12th Avenue and 11 th Street. They made a deal with parking their cars in the Winn Dixie right across the street, so this is one thing that maybe the City can do. Also, ask the people to come up with a parking plan, where you're going to put your people, and that's been requested in downtown, and it's been done in a lot of places, besides all the other options. City of Miami Page 25 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: Mr. Chairman. Ms. Betancourt: If -- may I? Chair Hardemon: You want to add something? Ms. Betancourt: Yeah. At least -- I don't know if citywide will be, you know -- Chair Hardemon: Ms. Betancourt. Ms. Betancourt: -- it will be, you know, their solution, but at least for the Shenandoah area, we've been having a lot of issues. Unfortunately, we have a residential zone. We are not a commercial zone at all, and we never been. We always going to be a residential. So it's different when you own your house -- they will have to kill 5,000 families in order for that, and that will not going to happen. Chair Hardemon: This is America. Ms. Betancourt: And when we own our home -- I know I have two cars. So if have two cars, and next thing you know, I have a car blocking my driveway, I cannot even get in or get out, and I have to constantly call the police, it's annoying. So I don't know about the entire citywide. I don't know if that going to work fbr everybody, hut at least for the Shenandoah area, or those houses that might want to register. You let me know what application we need to do, and I'll make sure I go knock door and door, and I don't even need to, because I already right now have 25 families complaining about it -- Vice Chair Russell: Okay. Chair Hardemon: Thankyou. Ms. Betancourt: -- not counting Shenandoah Homeowners Association, so. Commissioner Gort: Go get signatures. Chair Hardemon: Thankyou very, much. Vice Chair Russell: Mr. Chair? Chair Hardemon: Yes. Vice Chair Russell: If Commissioner Suarez is sponsoring a test pilot; is that the concept? Commissioner Suarez: Yeah. What I want to do is I want to have a reso in the next Commission meeting to make the Shenandoah construction area be a residential only -- temporary residential -only parking zone, hut I want to explore -- and I actually like Commissioner Carollo's idea. I want to explore potentially a "T" -- a residential -parking -only zone for T3 areas. I think he's on to something; that you could potentially do it with technology, which is interesting. If you have people -- like you do with parking meters now, 1 mean, and the way it's enforced is also very efficient. You know, you pay, you know -- and you could have like your main cars that are put on, and then you can have one or two or three ancillary, you know, cars, or you can -- so you're participating in the process, but the point is that it's easy to enforce, because they do it now through an app, "PayByPhone" -- Vice Chair Russell: Yep. City of Miami Page 26 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: -- and they could just go through our neighborhoods, and whatever car is not registered can -- Now, it's going to require -- 1 know, I know. You're corning (UNINTELLIGIBLE). Chair Hardemon: (UNINTELLIGIBLE). Commissioner Suarez: The ant with the sledge hammer. By the way, I like that, "ant with the sledge hammer." I like that. That was kind of cute. Chair Hardemon: But, you know -- and then, Commissioner Suarez, you know, the first thing that comes to my mind is that for us, having a smart phone is normal. Commissioner Suarez: I know. I know what you're going to say. Yeah. Chair Hardemon: But there are so many elderly -- Commissioner Suarez: For the elderly, it's not. Chair Hardemon: -- within the City of Miami -- Commissioner- Suarez: That's true. Chair Hardemon: -- who don't know anything about a smart phone. Commissioner Suarez: Yeah. Chair Hardemon: They don't know anything about a cell phone. Commissioner Suarez: Yeah. Chair Hardemon: They don't know anything about -- Commissioner Suarez: Yeah. Chair Hardemon: All they know is line -- landline phone, and they've been living in this certain place for such a long time; they can always park for free in front of their house, because it's their house; it's the swale in front of their home, and then all of a sudden, they get visitors or their car -- if they don't understand -- they can make a phone call. They can visit a place, so I'm just -- you know, it just scares me. 1 know that we're trying to do the best that we can to be -- Commissioner Suarez: Yeah, yeah. Chair Hardemon: -- inclusive -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: -- (UNINTELLIGIBLE) someone -- Commissioner Suarez: Maybe you could do both. I don't think it's mutually exclusive. Commissioner Carollo: Exactly. Mr. Chairman. Chair Hardemon: Yes. City of Miami Page 27 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: And thank you. I'm glad you mentioned that, because, like 1 said, I've been working with MPA on this. Actually, we had legislation we were going to put forth, but we pulled it back, because we want to make sure that, you know, we dot all our 'Ts" and cross all our "Ts", but it's -- right now, it's not available, so for all of us that have a smart phone, I wanted to make it available. That doesn't necessarily mean that that's the only way that they can actually get a residential pass or -- Chair Hardemon: No, understood. Commissioner Carollo: -- a visitor's pass. Chair Hardemon: Understood. Commissioner Carollo: So it's an additional option -- Chair Hardemon: Understood. Commissioner Carollo: -- for those that have it. Chair Hardemon: I'm just thinking about that 80-year-old woman who does not drive, who has visitors that come, that doesn't understand the Internet, that doesn't watch City Commission government, that's been -- has been living in their home for 50 years, and then all of a sudden, someone gets ticketed, towed, booted. Commissioner Carollo: Absolutely. And I'll go a step further. That's why we were even looking at should they have free guess parking and how many, like how many passes. So we've been looking at all that, because -- Hey, look, we share a zip code. We share 33128, so I can relate, but you know, there needs to be a balance, and I don't think that having an additional option, that we go automated, is a bad thing. I actually think it's a good thing, but that doesn't mean that that's the only option. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. And I would just say that that 80year-old person also is calling our office saying that there are people parking in her block that are not her guests -- Chair Hardemon: Right. Commissioner Suarez: -- that are business owners, or people that correspond to businesses that are close -- in a business corridor, as the Vice Chairman stated, that's very close to is a residential area. So I think part of Commissioner Carollo's legislation is on the metered side, and I think, you know, we have also have to look at it -- and I'm glad he's working on some of it too -- we have to look at the non - metered side. In other words, we're having spillover parking issues comprehensively throughout the City. Chair Hardemon: Understood. Vice Chairman and then Commissioner Gort. Vice Chair Russell: Thank you. Outside of the Shenandoah issue, if this is brought forward on a more citywide basis or a test pilot in different parts of the City, I would be welcomed to co-sponsor and participate in sunshine meetings, because I think there's a lot of angles. There's one element here that should be brought into conversation which does positively affect neighborhoods of need. Affordability can often rely on the reduction in parking onsite. And if in small multifamily situations we can reduce the parking, we can take a lot of the costs out of that construction -- City of Miami Page 28 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Absolutely. Vice Chair Russell: -- and really make it much, much more affordable. Commissioner Suarez: Absolutely. Vice Chair Russell: Where does the parking then go? You can't assume they're on public transportation. It goes out in the street. So we need to actually create a system that anticipates that and has space for them, protects their spaces so it's not all filtered in from outside cars, and this can really, you know, put a dent in our affordable, but we need to look forward and incorporate this to make sense. So I'd love to participate. Chair Hardemon: Commissioner Gort. Commissioner Gort: First, I want to welcome Sergeant Solares. Thank you for being here one more time. It's a pleasure to have you back. Gentlemen, let me -- I think we need really different agencies to get together, because it's not only one neighborhood. One of the things that's happening here -- and I keep repeating this all the time -- in my districts [sicJ, I go through the neighborhoods, and I see houses where they have five cars or six cars. That's become a major problem. We cannot have swales anymore in many of the places within my district, because people parking all over the swales. And let's face it, before it used to be one or two car per family; now it's changing, and we need to do something. I know some people don't like certain solutions. People don't like parking facilities. People don't like all kinds of things, but we have a problem. We really need to look at it. What are we going to do with these automobiles? And let me tell you, I work with MDX (Miami -Dade Expressway Authority) all the time -- I mean, not MDX -- the Parking Authority. I call them all the time. I have a lot of problems in different places. We got one problem right now where you have buildings -- condos; they allow you one parking, and then they need to park in the street, but then they get ticketed for parking in the street. And since that's -- since they're condominiums and not single-family, they cannot get a zone. So that's some of the things we need to work on. I mean, it's very comprehensive. So we really need to put a study together for that. You got businesses that are prospering. I mean, Southwest 8th Street. We work to create what we have today 20 years ago. It's being very successful. It's a hell of an economic impact for the area. I'm trying to do the same thing on 17th Avenue with the Pequeno Santo Domingo. What's going to happen when this business grow? So this is something that I think the Planning has got to work together with the Off - Street Parking and the County; bring everybody together. Daniell Alfonso (City Manager): Mr. Chairman? Chair Hardemon: Thank you, sir. Mr. Alfonso: Mr. Chairman? Commissioner Gort: So I hope you put that into your resolution you're going to bring up. Commissioner Suarez: Agreed. Chair Hardemon: Mr. Manager. Mr. Alfonso: Thank you, Mr. Chairman. Commissioner Suarez, you mentioned that you might want to bring back some legislation specifically on a pilot, construction City of Miami Page 29 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 related. We want to make sure that we participate, because we would like to make arrangements for the construction people that work, et cetera, because if we cite them -- Commissioner Suarez: Of course. Mr. Alfonso: -- then we may get some feedback as to, "Well., it's going to take more time, because I can't transport my people"; this and that, so. Commissioner Suarez: Of course, of course. Commissioner Carollo: Mr. Chairman, if I may? Chair Hardemon: Yes. Commissioner Carollo: Thank you. And I just want to verify two parts, right? You're going to bring back legislation -- Commissioner Suarez: Yes. Commissioner Carollo: -- to immediately address -- Commissioner Suarez: Correct. Commissioner Carollo: -- the Shenandoah issue? Commissioner Suarez: Correct. Commissioner Carollo: And then we'll bring back other -- Commissioner Suarez: Correct. Commissioner Carollo: -- legislation. Right. Commissioner Suarez: There's two pieces. Commissioner Carollo: Right, right. Commissioner Suarez: And we're going to work together on that, because I think -- Commissioner Carollo: Yeah. Commissioner Suarez: -- I just -- four of us have demonstrated -- I'm sure you're interested in it, too, Chair -- in getting together and coming up with a collaborative solution that we can all work together on. Commissioner Carollo: Yes. Commissioner Suarez: 1 think that's -- Commissioner Carollo: But to immediately -- Commissioner Suarez: Correct, address the Shenandoah issue. Commissioner Carollo: Exactly. Ms. Mendez: Commissioners -- City of Miami Page 30 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Of course, we'll coordinate with you and coordinate with the contractor and let him know what we're doing so that he is not surprised. Ms. Mendez: -- Suarez and Carollo, you'll be co -sponsoring that for the next agenda, 2/23, correct? Commissioner Carollo: I mean -- Ms. Mendez: If you're -- Ijust need to know for drafting purposes. Commissioner Carollo: Yeah. Commissioner Suarez: Yeah. Chair Hardemon: Yes, ves. All right, is there any further discussion about it from the board members? Hearing none, roll call vote. Todd B. Hannon (City Clerk): Roll call on item SR.2. A roll call was taken, the result of which is stated above. Mr. Hannon: The ordinance passes on second reading, 5-0. END OF SECOND READING ORDINANCES City of Miami Page 31 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 FR - FIRST READING ORDINANCES FR.1 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item FR.1, please see "Public Comment Period for Regular Itenr(s)." Chair Hardemon: FR.1, Madam City Attorney. Victoria Mendez (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'd like to move it. Chair Hardemon: It's been properly moved by the Vice Chairman. Commissioner Suarez: Second. Commissioner Gort: Move it. Chair Hardemon: Seconded by Commissioner Suarez. Is there any discussion? Commissioner Carollo: Yes, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Where I have some concerns with this is, once again, when you talk about that 80 year -old woman, and then having for her to -- and as it says here -- or, you know, not too long ago, I know we were ranked the fourth major city -- the poorest -- the fourth poorest major city in the United States. And when I see some of this, it's just a cost that I don't know if some of our residents can pay. For example, "Whether the tree is in danger of falling; interferes with utility service determined by a trained and experienced vegetation management or line clearance employee and/or person; determined by a professional engineer." I don't know if all of our residents could pay for a professional engineer or some of these requirements that are placed in there, and that's where I think we need to have some flexibility. City of Miami Page 32 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: I'm -- Mr. Chairman. Thank you. I'm very open to amending it to protect that potential risk. Are you looking to potentially reduce or mitigate the fees and fines for these senior citizens, or eliminate fines and mitigation altogether? Commissioner Carollo: I'm not sure, Mr. Vice Chair. I was thinking, maybe we do it as a pilot program also in D2 and some other areas, but don't know if we're quite ready to go citywide with this, and I just mentioned one of the examples, but that's my primary example; that it could be a big financial burden to some of these homeowners that live in our city because of exactly what they will have to do and who they will have to hire. They will have to hire professionals that may be costly. Like I said, a professional engineer could get quite costly. 1 don't know the specifics. I'm just bringing my concern. And even in first reading, hey, listen, I'll go along with it, but I'm already putting it out there so we could see between first and second reading, we work on this, because there's a lot of areas in our city that really are less affluent people that live there, and they're humble, they're hard-working -- you know, working class, but I don't think they could really afford to pay some of these professionals. Chair Hardemon: What do you call, arbor -- the professional arborists and such. Commissioner Carollo: Professional arborists. Chair Hardemon: Because I'll tell you, 1 had no idea what an arb -- I didn't grow up with trees in that fashion, where we looked at them that type of way. 1 know you're one of our arborists. Commissioner Carollo: ANSI (American National Standards Institute) 300 or ANSI 3000 [sic]. I mean, I understand some people may be familiar with it. My experience is, I've asked a lot of professionals, and they interpret it differently. So, again, I -- Commissioner Gort: It's like the lawyers. Commissioner Carollo: -- just -- you know, I want to make sure that we look at that aspect too, because this could be very good in some areas, and I would wholeheartedly support it in certain areas, but there's other areas that, listen, it could be problematic. Vice Chair Russell: Thank you. In anticipation of that, Mr. Chairman, I've been working with Quatisha on some various versions of amending this for second reading, which will protect -- we were thinking of exempting anyone with senior homestead exemption, which should take care of that entire -- you know, the age issue and the income issue. And so, we can look on that for second reading, yes? Quatisha Oguntoyinbo-Rashad (Chief of Environmental Resources/Planning & Zoning Department): Yes, sir. Vice Chair Russell: So if we can pass it on first reading as is, and we'll work together, and she'll work together with your office to make sure you're satisfied with the wording on it. Commissioner Carollo: I don 't have a problem with that. Vice Chair Russell: Thank you. Chair Hardemon: Commissioner Gort. City of Miami Page 33 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Gort: No, it's --1 would like to recommend certain amendments also, because we do have a lot of neighborhoods with people not aware of arborists, the process, or how to go through it, and the whole works. It's -- and some of the individuals or residents cannot afford to do the mediation that needs to be done, and that's why when it was first here, we talked about the -- we had the Tree Trust. Ms. Oguntoyinbo-Rashad: Quatisha Oguntoyinbo, City of Miami Planning and Zoning Department, Environmental Resources. Yes, we did speak about the flexibilities with the Tree Trust Fund. Correct. Commissioner Gort: My understanding, they the one in charge in planting trees throughout the City, which I love it. I think I've done a lot in my area, but I think maybe we can use that to help some of those people that cannot go through the mediation go through the Trust, and they can get it done. So that's something I'm going to be looking at. So I want to make sure I get together with you all for the second reading -- before second reading. Vice Chair Russell: Two final comments. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: I just want to say that Quatisha's awesome, and unfortunately, we can't -- we haven't figured out how to clone you yet, because we need like .four of you, but you're very good at what you do, and we're very thankfui to have you. That's all. Ms. Oguntoyinbo-Rashad: Thank you. Chair Hardemon: You know, I'm looking at just -- I'm going to read three definitions. The "Critical Root Zone: Also known as a CRZ. The CRZ is as large or larger than the minimum recommended root area for a tree as stated in the ANSI A- 300 Standards for transplanting trees; usually measured and presented as root ball diameter." That's a tough one, even for a lawyer. I'll give you an easy one: "Crown Cover: The percentage of a given area that is covered by the vertical projection of the crowns of trees." And "Cambium: A thin layer of cells under the bark of trees that produces growth of new tissue." Now, if there's -- you know, that's -- this is some next -level stuff. To me, it's a tree, you know, right? So -- but let's -- but understand the importance of it. Yes, sir. Vice Chairman. Commissioner Carollo: That could be pricey, by the way. Those definitions could be pricey -- Chair Hardemon: Exactly. Commissioner Carollo: -- and that -- Vice Chair Russell: Mr. Chairman, to your point, it is a very in-depth issue, and I really thank Quatisha. She's been working with my office for months to fine-tune this, because, at first, we didn't understand a lot of these terms and what it would mean and how it could be enforced. So just a couple comments; one to Ms. Betancourt, who is outside. The City is very aware that a bamboo is a grass, not a tree, and you do not need a permit for trimming bamboo or cutting it down, just so -- to clarify for everybody. Chair Hardemon: It's a strong grass. City of Miami Page 34 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: And, you know, also this -- you know, it's something that's very important for us, because you can see from Google Earth where we protect our trees in the City, and 1 really think, if it's done in the right way and protects citizens that are not anticipated for that we can bring this forward. So -- let me think, if there was one other thing I wanted to mention about this. The representative from Raymond Jungles asked about multi -trunk palms. You were discussing that with them, and that's considered in this. Ms. Oguntoyinbo-Rashad: Right, and just to clarify that concern, multi -trunk palms are replaced, depending on the size or how many trunks there are. So, by definition, there are quite a few multi -trunk palms that require replacement. I believe that was the concern. 1 hope I was able to clarify that. Vice Chair Russell: We'll work on itfor second reading. Thank you very much. Chair Hardemon: All right. Any further discussion? Daniel J. Alfonso (City Manager): Mr. Chairman. Chair Hardemon: Yes. Mr. Alfonso: I would just like to ask that the Commission allow us sufficient time to meet -- you know, for them to meet with you again before we bring it back for second reading. So 1 don't know whether it's the first meeting in March or the second meeting in March to give us a little bit of time. Vice Chair Russell: I'm sorry. I remembered one thing I wanted to say as well. Mr. Manager, in order to take -- carry this out, once we pass it on second reading, I believe Quatisha's going to need some help to make sure -- and like you said, it's not a simple Code; she's needs the manpower to do this, and we're hoping that a way to do so, not affecting the bottom line of the City, is to utilize a lot of the surplus funds that are in the Tree Trust Fund to potentially hire some consultants that can help Quatisha out. I'd like for you to work with her on that, and maybe present to us what we should be looking at in terms of additional -- Mr. Alfonso: We'll do that within the confines of the 10 percent that's allowed for administrative costs. Vice Chair Russell: Thank you, sir. Chair Hardemon: Mr. Clerk. Todd B. Hannon (City Clerk): Roll call on FR.1. Commissioner Gort? Commissioner- Gort: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: Yes, on first reading. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. City of Miami Page 35 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, 5/0. FR.2 ORDINANCE First Reading 1760 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AMENDING SECTION 18-73 AND 18-86(C)(1) OF THE CITY CODE REQUIRING THAT ALL REQUEST FOR PROPOSALS INVOLVING CITY -OWNED WATERFRONT PROPERTY AND/OR MAJOR PROJECTS ($500,000.00 OR MORE) BE REVIEWED BY THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL PRIOR TO GOING TO CITY COMMISSION. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: FR.2. Quatisha Oguntoyinbo-Rashad: Thank you. Chair Hardemon: Madam City Attorney. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Victoria Mendez (City Attorney): FR (First Reading) -- Oh. Commissioner Carollo: Oh. Chair Hardemon: Please, read it into the record. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Carollo: Move it. Commissioner Suarez: Discussion. Chair Hardemon: Been properly seconded by Commissioner Suarez for discussion. Commissioner Suarez: So I just wanted to figure out what it was about. I mean, I honestly -- I asked the Administration, I asked the Auditor General, you know, if he City of Miami Page 36 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 could give me a little bit of insight as to what the purpose of it was, and 1 didn't get much feedback from either of the two. So 1 just want to know a little bit more of what the idea is behind this. I'm not against it. 1 just want to know what it's about. Commissioner Carollo: Mr. Chair. Chair Hardemon: Yes. Commissioner Carollo: So I think it's pretty straightforward. I also think it's a no - brainier. When we have these major RFPs (Requests for Proposals) going out, I think we should have another set of eyes looking at them, especially someone that has the knowledge to better inform us and give us information in order for us to make a decision, informed decision. You know, right -- I've looked at the -- in the last year, all the RFPs, RFQs (Request for Qualifications), RFLI (Request for Letters of Interest); everything that's gone out that meets this requirement, and there were 16, you know. However, some of those were 75-year leases, 99-year leases for mega -millions of dollars, you know, and our more prestige [sic], are the best waterfront properties that we own, so at the very, least, I don't think that having another set of eyes is a bad thing. In addition to that, it's not the first time that I've requested this. When we had the Grove Harbor RFP, and then the whole agreement, one of my questions were: "Hey, did the Auditor General actually take a look at this?" And the answer was, "No." And I said, `I think he should." And that's where he looked at it, and so forth. So I think it's a plus. I could get into discussions, where 1 think that there is monies that we have left in the table, not to mention -- Listen, it's no secret that I've mentioned that we have a history -- and 1 say, "we," I mean the City of Miami -- have a history of doing some very, very bad deals with some very precious land that we own, so I think that having an additional set of eyes is a good thing. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yeah, you're recognized. Vice Chair Russell: Is Mr. Guba here today? Commissioner Carollo: Mr. Guba is not here today. He was -- he actually was traveling today. However, I spoke to him this morning again, and he'll be here for second reading. Vice Chair Russell: Thank you. So 1 actually, by coincidence, met with him a few weeks ago on a very similar idea, but really, to really pick his brain on how deep an audit could go. Right now, I think he looks at it from a very financial perspective, but is he -- does he have the skill set and the manpower to look any deeper than that with regard to process or appropriateness or best use, or things like that? So I'm assuming the audit that you're looking for is a financial -- primarily financial audit to sort of get a second set of eyes, a second opinion on what the Administration brings forth in an RFP proposal; is that correct? Commissioner Carollo: Ifl may, Mr. Chairman? Chair Hardemon: Please. Commissioner Carollo: Well, I mean, he is a Certified Public Accountant, so that's, you know, looking at it from a financial point of view, will be a basis, but I purposefully left it broad so that he could actually, you know, look through and analyze to a degree that I think he fits -- you know, he feels that, you know, is the correct amount. I mean, I'm a Certified Public Accountant, but I'm not going to City of Miami Page 37 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 micromanage him and say, "Hey, look at this and look at that, " you know. That's why I purposefully left it broad, but I could -- and 1 could give you specifics, where there has been issues where he believes that the City should be obtaining certain amount of monies, and the Administration doesn't believe that that amount of money should be received, because the way that it was worded in the RFP or the way the agreement was done, so there's disagreements. And I would like, before all that happens, you know, before it comes to Commission that he actually gets a chance to review it; and as a matter of fact, as an independent reviewer, not from the Administration, to be able to look at some of the financial issues. Vice Chair Russell: Thank you. Mr. Chairman. I ant in agreement with this in concept. I'm wondering if he has the manpower to do -- for example, it would have been 16 this year he would have had to review, so is the threshold number of 500,000 too low? Should it start at a higher amount so it's more significant RFPs that he would review and not necessarily everyone at 500 a month? Commissioner Carollo: I appreciate that question, Mr. Vice Chair, because ironically enough, the Auditor General right now is trying to hire more people; he has vacancies, and there is a discrepancy on him being able to hire more people and -- but that's another -- that's going to be another discussion at a later time. That's coming in March. But I spoke to him, and we had a pretty lengthy discussion regarding the 16, and he said, "No." He will not have needed additional people. I mean, 16 is really nothing. However, the "really nothing" it's really important to us, because we're talking major multi -million -dollar deals. So for what -- it's here and he's re -- and I'm requesting for the ordinance; no, he will have needed additional people. However, I'll let him answer it in -- Vice Chair Russell: Second reading. Commissioner Carollo: -- second reading, should this pass. And it's interesting enough, because we're going to have that discussion regarding him being able to hire his personnel, and the issue that we're having with independence. Chair Hardemon: Commissioner Gort. Commissioner Gort: I'll yield to the young lady. Come on. Chair Hardemon: Makes it very difficult -- Grace Solares: Thank you. Chair Hardemon: -- because I have discussion. We haven't discussed it as a board, but then you want to give your comments, or when do you come in? You come in after? Do you come in before? You know -- Solares: No. This is just -- because I didn't know what he was going to say on this issue. That's why, you know, having the people talk, but what I'm going to -- because he mentioned the Grove Bay, and that's the issue -- one of the lawsuits that I have objecting to that, and 1 do recall, Mr. -- Commissioner Carollo, that you said, "No. Mr. Guba should read it." He was given 20 minutes, 30 minutes to read it. That was a disaster, and it is a disaster. It's for an enormous amount of time. Look what they've done. Zero. Zero. They've done nothing on that property. So when you give it to Mr. Guba, or whoever it is, at that point, he was very friendly with Commissioners Sanchez -- I mean, Sarnoff, so whatever. But I think you -- the five of you should give him instructions; not simply, "Take a look at it and see what your" - - No. "Take a look at it for this, for this, for this, and for this, " and let him come back. He has to have specifics; otherwise, he's going to come back with just a City of Miami Page 38 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 number. "Gee, these looks good." But certainly, 90 years or 120 years, as they have it here, is awful. Commissioner Carollo: Mr. Chairman. Chair Hardemon: (UNINTELLIGIBLE) name Grace Solares -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: -- for the record. Commissioner Carollo: Thank you. Chair Hardemon: I want to give -- Commissioner Carollo: Yeah, absolutely. Chair Hardemon: -- Commissioner Gort an opportunity to respond. Commissioner Gort: You know, (UNINTELLIGIBLE) discussion from Commissioner. Russell. I can understand the finance part of it. At the same time, today -- in today's world, $500,000 is nothing. Anybody who wants to put a restaurant anywhere is going to spend that much, and I don't know if we want to hold that -- I think it should be like it was stated before with specific instruction, because I don't think he have the knowledge on the legal part of it, which is very important. The legal part is very important on any RFP going out. At the same time, in order to -- I don't have any problem with that, but I think it should be done in a time -- our experience here has been you do a -- you come up with a proposal to do anything, and then you go through the different agency, different sign, and it takes years to get it done. So I want to make sure that we all get the RFP before they come out. We always get a draft. I think the draft should be given to him, and he should look at it as soon as possible. Chair Hardemon: You know, I have an issue. I'm -- because -- all that I've study about -- I'm not a CPA (Certified Public Accountant), all right, but I earned enough credits in college to get my MBA (Master of Business Administration) to take the CPA exam; didn't want to take that. I got many friends that had taken it, and I chose to become a lawyer. Commissioner Carollo: Hey, part of the CPA exam is business law, by the way, one of the parts. Chair Hardemon: So, you know, what comes to my inind when I think about an audit, you know, an audit truly tests the veracity of a company's statements, right? So you're looking at his books, things of that nature. I'm just struggling, trying to understand what the Auditor General would be doing in this type of situation for RFPs or RFIs [sic], or whatever you title them, because I don't -- I just -- I'm struggling to see where I take the Auditor General's opinion that, "Yes, this is a good deal." Typically, you know, audits don't come up with that type of statement, and they more so say, "No. Well, yeah, there's $500,000 here. There's a $100,000 there. The money is properly accounted for. There's no" -- you know, "no issues. It's qualified, unqualified." That type of opinion that says, "Hey, you can trust this statement. This is a true representation of this company's records, and everything seems to be okay." You know, that, to me, has always been the value of the auditor. It saying, "Okay, the City of Miami accounts its books in this way. It's been audited by an independent auditor. You can trust in those books. This is not the City giving you a report saying, `Trust us. Believe this. This is right.'" So, you know, I City of Miami Page 39 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 struggle with what this does, because I'm struggling to see the function of it, one; and then two, even if the function is there, say we're looking at the books of people who are actually proposing. If you're saying, "Okay. Well, 1 want to know if everyone who's giving a bid in this, if their books are correct." So you're auditing each of their hooks to see if they're in this financial state that they say that they're in, so we won't find ourselves in poor situations. But even then, I mean, is that so involved that you're going to cause major delays in development? And we already know what the delays in development of waterfront property looks like. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. And I appreciate those concerns, because it affords me an opportunity to actually address them, so I get it. From what you're saying, from what Commissioner Gort is saying, you want me to be a little bit more specific or have some specificity there. And listen, I'm a CPA; yeah. I could start putting things in there. And I'll give you an example, and this is where I'm going at. I'm not necessarily looking for him to say, "Yes, this is a good deal or not," but I'll get you an example. Most of our waterfront RFPs are -- state some type of percentage of rent, right? But it should have language that there should be a dedicated bank account. Okay, why is that important? Because if not, you comingle funds. That's happening right now with one of our waterfront leases, you know. So we should have language in there that strictly stipulates that you should have a dedicated bank account. Chair Hardemon: So -- Commissioner Carollo: So these are language that needs to be in there. So what happens? It's not in there. So then, after the fact, you know, we find, hey, there's issues, you know. Well, it was never in the RFP. It was never here. Chair Hardemon: So you're -- Commissioner Carollo: And that's where, you know, it's added value. I mean, we have the resources. We have an Auditor General. Why not have him be able to, you know, give that added value? Chair Hardemon: So what you're saying is that you want to -- you want the Auditor General to take a look at it to anticipate potential reporting issues that could come about, so that you can clean it up before it gets to that level? Commissioner Carollo: That is part of it, yes. That is part of it. I'll give you another one. We're having this issue with Jungle Island, transfer fee. So if there's a transfer fee, how do you determine how we come up with that transfer fee? I'll tell you right now. We're dealing with that right now, where the Auditor General believes that we should be receiving about 400, $450,000, and the Administration now is negotiating for $150,000, because the language that was in the agreement or in the RFP wasn't strong enough; it was vague. So we're having issues like that. We have the professional person, a Certified Public Accountant, that could -- I wouldn't say "anticipate," but could look at things like this and make sure that it's there in the documents. Chair Hardemon: It -- Commissioner Carollo: So in the future, you know, we -- we're -- we better represent the City. City of Miami Page 40 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: I want to say something really quick, and I'm going to pass it to Commissioner Suarez. Commissioner Suarez: Go ahead. Chair Hardemon: You know, what worries me about it is that if you get the Auditor General so involved in the initial stages of it, then once he comes to actually audit the books, I mean, is he so involved now with the process that he's not considered to be -- Commissioner Carollo: No. Chair Hardemon: -- independent? I mean -- Commissioner Carollo: He would strictly be independent. He's just saying, "Hey, these are the requirements that you should have in there" -- Chair Hardemon: Okay. Commissioner- Carollo: -- so that later (UNINTELLIGIBLE) fact, we don't start with the excuses, and the pointing of fingers, and "Oh, we didn't know, Commissioner, blah, blah, blah, which we hear all the time, which, you know, has caused jbr some very negative articles in the newspapers. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. So I think that he can review the last 16 RFPs that are over half a million dollars, and he can give recommendations based on his review of those RFPs of language that should be or should not be -- Commissioner Carollo: Exactly. Commissioner Suarez: -- in the RFPs going forward. Reviewing future RFPs -- Commissioner Carollo: Analyzing. Commissioner Suarez: -- that might be something that you may want to consider, because -- sort of backing off from a little bit, because like the one issue that you pointed out, which was the transfer fee, that's one of my big issues. I've always been harping on the fact that in the commercial context, pretty much, it's a commercial standard for us to get -- or for a landlord to get a commercial transfer fee when there's a sale of a business, and the City hasn't historically done that, but that's more of a legal slash business slash, you know, business decision, and I think, thankfully, thanks to our input, we are now making what is commercially reasonable and expected, what the City is doing. I don't know that that would come up in an audit, per se, hut maybe it would if he compared, for example, those 16 major RFPs, those last 16, to five or six other ones from other cities, or five or six other major deals from the private sector, if you were able to find somehow a way to get those deals, and see if there's certain provisions in there that protect the landlord or protect the City, but a lot of -- you know, whether or not a transfer fee -- whether or not transfer fee language protects the City sufficiently is more of a legal question than it is necessarily an auditor's' interpretational question, in my opinion, but -- Commissioner Carollo: Right. Mr. Chairman. Chair Hardemon: Yes, sir. City of Miami Page 41 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: And let me verify, and let me be very specific. He's not auditing our RFPs, okay? What he's doing is analyzing it, and giving his opinion or his suggestions to make it better, you know. So if he feels, "Hey, listen, I think there should be a transfer fee here," that doesn't mean that the Commission has to vote on it with a transfer fee, but I think, you know, we have another set of eves, a financial set of eyes that are looking at it and giving his recommendations on things that should be in there, and I think -- Listen, this Commission can decide whether to take it or whether not. Commissioner Suarez: I'll give you an example of one where I would have liked to have had his opinion. Commissioner Carollo: Right. Commissioner Suarez: Okay. I'll give you one in this RFP that we're looked at in the next few items. There's been a lot of speculation about what the minimum base rent should be, and whether the minimum base rent should be 2.1 or 2.3 -- and I know we're getting off topic -- but it would have been nice to have an independent analysis of that specific issue. Commissioner Carollo: And that's what I said, different from the Administration. Commissioner Suarez: Yeah, of course. Commissioner Carollo: It'll be an indepen -- Commissioner Suarez: It's independent. Commissioner Carollo: Right, exactly. Commissioner Suarez: It's just like we get an independent review -- legal review from our City Attorney, okay -- I don't have a problem with having an independent financial review to say, "Look, is this" -- "does this make sense?" If we're going to up the minimum base rent, but we're going to take out a variety of other factors in the lease, is it something that can be -- is it sustainable? Or is someone going to try to re -trade the deal six months later, a year later, two years later, which has happened, unfortunately, in the past? Things like that. Commissioner Carollo: And that's why I believe it's needed. Commissioner Suarez: So if you would have gone to that issue, I think there, we have more commonality. Commissioner Carollo: So please keep in mind, I'm not a litigant. I'm not an attorney. I'm a CPA, you know, and I clearly see the need for this. I clearly see where someone with a financial background can go through some of these documents and say, "Hey, listen, you know, I think you may want to do this," or "1 don't think it's clear enough, " or `1 need language in there to allow me to do this or that." And, again, 1 think this is pretty straightforward and a no -brainier, and I -- and let's go the other route. We have nothing to lose. We have nothing to lose. Chair Hardemon: It depends. It depends on how -- Commissioner Carollo: As a matter of fact, the Auditor General has the power, okay, by our Charter, to review all these RFPs. So here, we're making clear what my expectation is, because he could have. He actually could have reviewed this. City of Miami Page 42 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Could have asked him to do it. Commissioner Carollo: We could have asked him, but it wasn't done, and that's why I'm saying -- Commissioner Suarez: (UNINTELLIGIBLE) mandates that. Commissioner Carollo: Right. What At saying is, this clearly, clearly lets him know at least what my -- and I'm hoping this City Commission's -- expectation is. Chair Hardemon: Right, but what it -- Commissioner Carollo: That he should have (UNINTELLIGIBLE). Chair Hardemon: -- doesn't do, it doesn't tell you your time frame. It doesn't say, does he have the ability to hold it up. It doesn't say, you know, should we wait three weeks for his opinion, one week, a month, two months, three months? Should the opinion come before, after the issues with the RFP? Like it doesn't -- you know, that's the kind of stuff it doesn't do, and it just -- part of it, it just makes me -- so that part of it makes me somewhat nervous, and then I think the second part would be that, you know, I still -- when I think about an auditor and what an auditor does, it seems to be going just a bit beyond the scope of what his responsibilities are, but I think that by the time this thing comes around for second reading -- You've heard some of our comments; I'm sure you'll get some changes to it, but, you know, 1 just don't want this to be a poison pill in a process where we're trying to better our waterfront properties, but not escaping any sort of processes at all, but just better our waterfront properties for the betterment of the community, and I don't want to hinder that. Commissioner Gort. Commissioner Gort: Let me tell you another suggestion. This gentleman, he's been going through the -- all the facility that he's been doing -- he's done the -- his work, so he should know by now what needs to be done in the future, and I think he should be part from the beginning; gives it to the people that put the RFP together; give his input what should be added automatically. Commissioner Carollo: And that's exactly what we're doing. Commissioner Gort: And then make sure -- Commissioner Carollo: That's exactly what we're doing. Commissioner Gort: -- they're in compliance with whatever is placed in there. Commissioner- Carollo: That's exactly what we're doing. Commissioner Gort: He's got to -- what I'm trying to do is try to do it with a process that will not delay many of the things we want to do. I also think $500,000 is very small. I mean, anyone putting up a restaurant or any small business is $500,000. Commissioner Carollo: Well, last year alone, there was only 16. Last year alone, there was 16. That's it. Chair Hardemon: On waterfront property. Commissioner Carollo: No. Waterfront or non -waterfront property. City of Miami Page 43 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: $500,000 or above? Vice Chair Russell: Over 500. Commissioner Carollo: Yes, yes. 16 RFPs went out for 500,000 or above. Chair Hardemon: Oh, RFPs went out. Commissioner Carollo: OrRFPs, RFQs, RFLI,• all those `RF" whatever. Chair Hardemon: How many RFPs or --? How many RFPs that are -- is similarly situated went out, though? So you're saying 16 went out, but if it was 16 out of 25 RFPs that went out -- Commissioner Carollo: No, no, no. Chair Hardemon: -- that's a different amount or number. Commissioner Carollo: 16. 16 went out, total. 16. Chair Hardemon: No. Commissioner Carollo: They considered 16; some of them got no response, so forth, but 16 actual inet this threshold. Chair Hardemon: No. That's -- what I'm say is that sometimes, you know, you may have 25 RFPs or so that went out, totally. So if 16 met the threshold, that's a significant amount of number of ones that are 500,000, which is making the point of Commissioner Gort, but, you know, I don't want to wrap ourselves around an axle. We have a short agenda today. Hopefully, we can get out before noon. I don't think we need any further discussion on this item. I think it'll come back for second reading with some changes; if not, you know, we'll consider it even more. So Mr. -- Todd B. Hannon (City Clerk): Roll call on FR.2. Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. Commissioner Gort: This is first reading. Mr. Hannon: Yes, sir. Commissioner Gort: I'm going to have a lot of meetings with the gentleman before we go to second. Mr. Hannon: Yes, sir. Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: For. Mr. Hannon: The ordinance passes on first reading, 4-0. City of Miami Page 44 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: All right. END OF FIRST READING ORDINANCES City of Miami Page 45 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 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. ENACTMENT NUMBER: R-17-0078 TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item RE.1, please see "Public Comment Period for Regular Item(s) and item DI.1." Chair Hardemon: Sir, you're recognized. Daniel Rotenberg (Director): Thank you, Commissioner. Good afternoon, Commissioners. Daniel Rotenberg, Department of Real Estate & Asset Management. RE.1 is a resolution of the Miami City Commission, approving the issuance of the RFP for Virginia Key Marina and Miami Marine Stadium Marina, allowing the City Manager to issue the RFP. Vice Chair Russell: I'd like to move it, with some discussion and amendments. Chair Hardemon: It's been properly moved by the Vice Chairman. Commissioner Gort: Second. Chair Hardemon: Seconded by Commissioner Gort. Commissioner Suarez: What was moved and seconded? Chair Hardemon: You wanted some discussion? Vice Chair Russell: Yes, please. Chair Hardemon: Yes. You're recognized, sir. Vice Chair Russell.' Thank you. I believe we can get this done today, and I feel responsible to help push it forward today, because I was a good part of the combined effort here to put the brakes on, take a look at it, make sure the public was involved, City of Miami Page 46 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 make sure the Virginia Key Advisory Board was involved, make sure we fully understood what the RFP was before it goes out; and that it's what we believe, as electeds, the public is interested in. And Commissioner Carollo's item today about having our auditor take a look at major RFPs is a good first step in the potential future of RFP reform for major RFP issuance. I don't think we need to be involved with every RFP that comes through the City, and this is not a statement about whether or not the Administration is -- has the ability or talent to handle major RFPs; it's simply that, before it goes out, if it's a big one that's going to affect the City -- a waterfront one -- Like the MRC (Miami Riverside Center), for example, Commissioner Suarez had brought up the idea of, you know, perhaps, rather than renovating our MRC, we would have renovated -- Commissioner Carollo: The Police Department. Vice Chair Russell: -- the Police Department. These are things that we, as electeds, might help in the crafting of a major RFP, before it goes out for bid. And so, I'm very thankful to the Administration for their patience over these past several months, and their involvement with the public and us, to bring back what we have now. Its not the same animal we had before; over 100 recommended changes from the public, many of which have been taken into account in this. I'm confident that we can move forward and get this done by November; it's tight. It's possible; the odds are against us, but it's possible, and the future of the Marine Stadium depends on it. We've created a hole by offering to issue a .special revenue bond. We need to fill that hole, because if we go ahead and -- We're already redeveloping. We're already -- you know, Heisenbottle and the group are already starting the planning and the design of the Marine Stadium. The hole is there and we have to fill it. If we don't fill it with revenue, like from a new marine -- a marina, it will come from our taxpayers, and we don't want that. So I feel that we have a responsibility to move forward on this. We just got to make sure it's as good as we want. With that, I have a few amendments, but if you all would like to make -- have any discussion on the general concept first, I'll hold off on the amendments. Commissioner Suarez: No. I think you should go ahead and start talking about your Commissioner Gort: Start with your amendments. Commissioner Suarez: -- proposed amendments. Vice Chair Russell: All right. Thank you. I'd like to start with the parking garage. Originally, we had four options. I believe in today's version, we have three options; number 4 was taken out. I would like to -- Commissioner Suarez: Mr. Chair; if I may? Chair Hardemon: You're recognized. Commissioner Suarez: Can I just ask whoever -- if anyone has any options, if they can specify what page and paragraph or -- Vice Chair Russell: Yes, sir. Commissioner Suarez: -- that they're reading off of? That way, I can follow; appreciate it. Vice Chair Russell: Parking garage is paragraph 11 on page 22. City of Miami Page 47 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Got it. Yeah, it starts on 22 and moves over to 23. Vice Chair Russell: So within the parking garage, we basically had four options. We eliminated 4 and kind of blended it into 3. I'd like to eliminate option 3 and blend that into number -- option number 2. Option number 3 basically said -- let me put it this way: Option 1 says -- both of them say the bidder pays for the parking, but one option had the MPA (Miami Parking Authority) managing the parking, and one option had the bidder managing the parking. And then option 3 -- and both of those were on a separate -- the separate assigned footprint for parking. Option 3 gave a creative option where they could blend the parking in under the dry stacks, but in op -- in the current option 3, the way it's written, they would -- only they would be able to manage that parking. I would like all options to have the management of the parking corning back to the City. I think that's -- Mr. Rotenberg: Through the MPA. Vice Chair Russell: Yes. Commissioner Suarez: What was that? I'm sorry? Vice Chair Russell: I would like the management of the parking -- whatever option they choose -- they're paying for the parking, but once they create that parking, whether it's on the designated site or blended in under the dry stacks, the City would be the manager of that parking; and through that, the MPA. Commissioner Suarez: Okay. Commissioner Carollo: I think by (UNINTELLIGIBLE) -- Commissioner Gort: Let me ask a question. I recall about two years ago, when we extended certain leases in that area, there was supposed to be $3 million for parking. Was that ever deposit? Mr. Rotenberg: Sorry. The question about the -- Commissioner Gort: The question is, about two or three years ago, when we extended the leases to some of the -- Mr. Rotenberg: For the Rusty Pelican and for --? Commissioner Gort: Yeah. Mr. Rotenberg: So the money for the Rusty Pelican is still out there. I believe it's -- the money's still dedicated to this. Commissioner Gort: Okay. Mr. Rotenberg: They still have to put up 200 and, I think, 10 or 220 spots, and they're going to be paying for half of the spots. The new bidder/proposer will be paying for the other half of the 210 or 220 spaces. And as a comment, the parking itself is not going to be included inside of the voting or inside of the points awarded, so we can do this. It's not an issue. Daniel J. Alfonso (City Manager): Dan, I wanted to point out, the Commissioner, if I understood correctly, specifically asked about an extension that was done to the current tenant -- City of Miami Page 48 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Gort: Right. Mr. Alfonso: -- and the monies that were paid as part of that settlement for the extension. That money is being held, also, to go into this, because it was for the parking. Mr. Rotenberg: The 300 -- the $3 million? Mr. Alfonso: No. I think it was like seven hundred and something thousand dollars; whatever it was. Mr. Rotenberg: $750,000, yes. Commissioner Gort: Okay. Mr. Alfonso: So that money -- Commissioner Gort: So that money is there? Mr. Alfonso: -- is being held for that parking garage. Mr. Rotenberg: Yes. Commissioner Gort: There's funds for parking right there. Okay. Mr. Rotenberg: Yes. Vice Chair Russell: Thank you. And so paragraph -- option 1 can stay as worded; option 3 would go away; option 2, I've asked Art Noriega to help me out with the wording on it. He scribbled a very quick paragraph together, which, with your patience, he could read off as an amendment for option 2. Art Noriega: Good afternoon, everyone. Art Noriega, Miami Parking Authority. So the centerpiece of my conversation with Commissioner Russell was along the lines of, I felt the City should retain ownership of the parking asset with either option, ultimately, because of all the other development in the area -- Miami Marine Stadium -- I thought holding that asset would be of great value to the City, going forward. Rather than let the developer or the proposers monetize that asset, it leaves it in the hands of the City. So the intent here is that the City retains the parking garage; not MPA. We'll manage it, but the City will own the garage in either scenario. So I'm going to read option 2 to you, because it adds -- affords some flexibility to the proposer in terms of location and options, and then, you know, if this language needs to be tweaked a little bit later, we certainly can, but this was just to get something on the record; that way, you could process it. So I took the existing paragraph 2, so some of this language is already in there, and I just rewrote it. All right. So the contribution to the Parking Trust Fund may be waived if the successful proposer elects to build the MPA parking at their sole cost and expense. The City will allow for the use of the $4 million Rusty Pelican contribution towards the construction cost. If the proposer elects this option, the parking structure must comply with the parking requirements, must guarantee completion, and the proposer will convey the parking structure back to the City upon completion. The construction and operation of the MPA parking must be overseen and supervised by the MPA, subject to a parking development agreement, to be executed by all applicable parties. The proposer may elect under this option to construct the project on either of the following three options: One, entirely, on the marina footprint; two, on the MPA parking footprint, as defined in the RFP, so that's that extra -- that's that other piece; or a combination of the two, so they can make use of either footprint as City of Miami Page 49 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 a hybrid version. What I'll add to that -- and we didn't cover that -- was -- we sort of walked out. You mentioned -- we talked a little bit about -- or Francisco and I did -- this issue of there are some restrictions to the County -conveyed piece, so subject to those conditions, obviously, yeah. Vice Chair Russell: Thank you, Mr. Noriega. Commissioner Suarez: I just wanted to ask about the restriction from the County -- the conveyed piece you're talking about. Can you elaborate a little bit on that? Because I'm trying to find it here in the stuff that I was given, and the one that I have is not -- doesn't seem to be recorded, and I'm afraid of talking about a deed that's not recorded and not being accurate. Mr. Noriega: Sure. Commissioner Suarez: So can you talk to me a little bit about the restrictions and about the deed restriction? Mr. Noriega: Somebody else is going to have to speak to that in any detail. I don't know the specific language to the restriction. Jacqueline Lorenzo (Property Management Specialist): Good afternoon. Jacqueline Lorenzo, from the Department of Real Estate & Asset Management. We've reached out to the County to get the actual recorded document, but they're still searching among themselves to find it. So they're working on the recorded -- on obtaining the recorded document. Mr. Alfonso: My understanding, though, the piece of property that we -- Commissioner Suarez: Law office. Mr. Alfonso: -- gotfrom them was -- Commissioner Suarez: You should have called my law office. I could have gotten it for you in 25 seconds. Mr. Alfonso: Okay. Well, we'll get it from you, Commissioner. Commissioner Suarez: That's all right. Mr. Alfonso: My understanding is it's limited, to be used for parking. So -- Commissioner Suarez: Right. Mr. Alfonso: -- even if they use that footprint as part of the garage, that piece with the parking (UNINTELLIGIBLE) there might be some setback and then -- Commissioner Suarez: Can I -- with -- can I ask -- do you mind if I ask the City Attorney to pull it? Because it should be easy to pull. Mr. Alfonso: Sure. Commissioner Suarez: If it's a recorded document, it should literally take -- (UNINTELLIGIBLE) probably pull it from a computer. I mean, it should take two seconds. City of Miami Page 50 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Victoria Mendez (City Attorney): Two seconds when you have the location and the legal description, but we'll look for it. Commissioner Suarez: I think you'll be able to find it. If you have, more or less, when it was recorded, you should know. Unidentified Speaker: (INAUDIBLE). Commissioner Suarez: Yes. I think it's pretty easy to find. Commissioner Gort: So what you recommend is bringing 2 and 3 together? May need more. Vice Chair Russell: Yes. So 3 will be eliminated, because 3 was the flexibility of doing the parking, not just on that footprint, but it's added into 2 and it comes back to the City. So if that's the only questions we have on parking, I have a couple other amendments; they're simple. I know we're adding up here, and it's nothing that should kick us to another month, hopefully, because it's all easy to digest, I think. Ms. Mendez: Vice Chairman. Vice Chair Russell: Yes. Ms. Mendez: At the end, after the -- you give all your proposed amendments -- and Commissioners, were you thinking of voting on each separate item separately, or in - - how were you -- Vice Chair Russell: No. Ms. Mendez: -- envisioning --? Commissioner Suarez: Mr. Chair. Vice Chair Russell: Yes. Commissioner Suarez: I think he's -- he's got the floor, so he's just going through his issues. I don't think anybody -- I mean, we can talk about whether we agree or disagree with his issues, and we can take a vote if we feel like it, but otherwise, just let him say whatever his issues. Vice Chair Russell: Thank you. My intent was that we discuss as I list the issues, and that we take one vote at the end on a motion with these amendments. And before we vote, obviously, I'll feel out the dais for -- if there's any discussion or hesitancy on any of the amendments that can be adjusted. Ms. Mendez: Thank you. Commissioner Suarez: And may I -- Vice Chair Russell: All right. Commissioner Suarez: -- on the parking? Vice Chair Russell: Yes. City of Miami Page 51 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: I'm in agreement with Mr. Noriega s suggestions on management and on reducing the options. 1 just want to see how it interrelates with the deed restriction, that's all. Vice Chair Russell: Thank you. Commissioner Suarez: Okay. Vice Chair Russell: Thank you. I hadn't considered that. Section 3 -- III.A.3j, which is page 19, Public Boat Ramp. This is very simple. I would just like to add in there that the bidder should comply with Miami -Dade Countv's boat ramp specifications. This is a request that I received from the public. This next one is a little bit bigger. This is Section 3.B.5, zoning certainty. There's been a lot of -- one of the major hesitations from the Virginia Key Advisory Board, as well as the public, is the zoning Commissioner Suarez: What page are you on, sir? Vice Chair Russell: I'm sort)). 3. -- oh, wait, no. 3.B.5. Sorry. Commissioner Carollo: What page? Vice Chair Russell: Zoning section. Which page is the zoning section on? Let me just -- here it is -- 28. So the fear that the public has had about this is not about what we're asking from the bidders, but what might be proposed that's not restricted within the use. So I would like to propose that the land use designation and zoning must remain CS (civic space); that nothing within their bids or future requests can actually propose a change in the land use or zoning. Obviously, this includes everything that CS entails, but to verbalize some of the things that people are fearful of there would be no billboards or murals; there would be no industrial use, precluding major repairs. CS does have marina use by right, so that inherently will include minor repairs, ancillary to marinas. There would be no hotel or residential requests. Hopefully, this allays some of the fears with regard to potential zoning. Basically, all proposed uses must be allowable by CS. Commissioner Suarez: Mr. Chair, if I may? So I actually kind of like that. I, in my discussions with the Administration, got some heartburn about the way they were structuring some of the language, which talked about an SAP (Special Area Plan) and then sort of pares down the SAP. I thought that -- that's a little bit like the up - zoning with a covenant that people get very upset about, and so 1 like that. I just want to be clear. In a perfect world -- right? If we had -- if I could go back in time, which I obviously can't, there are some things in CS that we need to be -- unless we're amending the CS zoning map or the zoning category between now and whenever this is over, we cannot do, just to be clear. And, please, if I'm wrong, Francisco, jump in, because this is a discussion that we had, because we had a specific discussion in our briefing about zoning. And actually, when we went through this process the first time, I specifically asked Francisco, "Could these proposals be done through the current zoning?" and his -- Unidentified Speaker: Right, Commissioner Suarez: -- essentially, his answer was "yes." Obviously, it wasn't -- you know, I mean, there may have been some things that needed to be requested, like maybe warrants or -- Vice Chair Russell: Waiver for restaurant, waiver for - City of Miami Page 52 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: -- exceptions or waivers or -- Vice Chair Russell: -- retail, yes. Commissioner Suarez: -- but correct me if I'm wrong, Francisco. There -- you -- I don't think in CS you can do entertainment establishments, okay? Alcoholic beverage service establishment, I think you can do -- Vice Chair Russell: Secondary; not primary at all. Commissioner Suarez: Correct. So you can't do a bar, but you could do a restaurant, where it's an ancillary. Is public parking allowed? It is allowed? And recreational -- obviously, there could be a recreational establishment. There could be recreation -- recreational establishments? Okay. So I just want to be clear that that one use is not going to be allowed, or we would have to modify CS going forward, if we decide to go forward with this. Okay? Vice Chair Russell: Yes. Commissioner Suarez: All right. Vice Chair Russell: But it would remain CS, which is our park space designation, also, so that we don't lose any -- Commissioner Suarez: 1 agree with -- Vice Chair Russell: -- park space concurrency, so great. Commissioner Suarez: -- I totally am in agreement with that; totally in agreement with that. Vice Chair Russell: All right. So that's, I believe, all I had for zoning. And the last one is Section 3.C.2, the judging criteria, on page 29. I would like to add some language to the Resiliency and Environmental Consideration section. Commissioner Suarez: Where is that? Vice Chair Russell: Page 29, at the very bottom. Commissioner Suarez: Okay. Vice Chair Russell: Within the judging criteria, there's a section called, "Resiliency and Environmental Considerations." Commissioner Suarez: Yeah. Vice Chair Russell: The second one is called, "Commitment to Protection of Environmental Assets." I would like to add to that five words: "And history of environmental stewardship," so that the scoring criteria will now reflect not only their environmental intentions of what they build and what they're proposing, but also their history as a company will be added into the scoring. Section 3 -- this is my last one -- Section 3.C.2 -- let's see -- which is the -- Commissioner Suarez: What page? Vice Chair Russell: I'm sorry. This is the Selection Process and Committee Makeup. I wasn't prepared to read page numbers. Let me find it really quickly. City of Miami Page 53 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 3.C.2, Selection Process and Contract -- we're -- it's in the same section. Basically, 1 would like -- we have -- we're asking for the selection process to have seven members. 1 would like to add some criteria that those seven members fall into, some categories, so that we're controlling a little bit of the expertise or where they come from. Commissioner Suarez: The composition. Vice Chair Russell: The composition. Thank you. I would like to have a conflict of interest policy drafted, which I have not done, but a general conflict of interest policy for the selection committee. I would like one member to be a marina management expert. This could even be someone like -- even from the City, like Mr. Bogner or something; someone who is very well versed in marina management. I would like a member of the Virginia Key Advisory Board to sit on the selection committee; someone put forth by the Virginia Key Advisory Board. I would like a Procurement representative. As this procurement is not being managed by the Procurement Department, it's being managed by the Real Estate & Asset Management Department, I'd like someone from Procurement to be on the judging panel. This is all open for discussion or change; these are my suggestions. I would like an environmental expert, such as an environmental engineer; that's number 4. And number 5, a Planning & Zoning representative. That leaves the last two spots available for whoever the Manager -- whatever background he sees fit, but this -- and this last one -- and this is in no way a critique of the Real Estate & Asset Management Department, but since they are running this procurement and they're also managing the tenant; not only the current tenant, but the future tenant, and they're negotiating the entire deal through -- and with the Manager, I don't believe that a member of the Real Estate & Asset Management team should be on the jury -- on the judging selection. They're running the process, so I don't think that DREAM (Department of Real Estate & Asset Management) -- I think DREAM should be excluded from the selection committee, and I sincerely -- and I want it on the record that that is not a reflection on anything having to do with the talent, quality, character, history of our Real Estate Asset director or his team; it's simply -- what we're trying to do is eliminate any perception that we aren't doing the most transparent method possible, and I believe that they have enough control on the entire situation that they don't need to be on the judging panel. Those are all the amendments that I have, gentlemen. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Thank you. I have a couple of suggestions myself, and I'll try to build off some of the stuff you've already said, because a lot of the things that you're saying are in line with some of the concerns that I have. I think you can compose the committee -- and this is something that I talked about with the Manager in our briefing. We've spent, I think, five or six hours together on this issue. I suggested -- and I don't see it in this draft, hut it may he in the latest -- and I may not be working off the latest draft, because we just met -- I think yesterday was the last time we met. So what 1 suggested was no less than five members; no more than seven members of the committee. The reason why is, first of all, you've set out five comprehensive categories, so there's seven total. If -- one of the things that was very important to me -- there's two things -- I mean, there's a lot of things that was very important to me, but two things that were particularly important to me were that we frontload some of the decisions that we back -loaded on the last RFP. Obviously, we created co -- you know -- coherently or cohesively -- we created the Hearing Board officer, which is someone who has the ability and the legal wherewithal to deal with a potential challenge, if that happens. City of Miami Page 54 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: Special Master. Commissioner Suarez: Correct. But I felt that we had to do the things that we could do from a structural perspective to try to make this less challengeable, right? So -- and Ms. Lorenzo, I want to commend you, because we had very, spirited debates. She gave me -- it was very professional. She -- you know, she -- you know, we went back and forth on a lot of issues, and I commend her for her courage in debating with me very, very vigorously on a couple of these things. So can you point to me the area -- the part of the proposal where we talked about --? So there was two things that we talked about. One of them was that the Manager will -- and I don't know if we finally made -- this finally made it into the draft -- that you're going to name the selection committee within a certain period of time after issuance. Is that anywhere in a -- is there a new draft or something? Mr. Rotenberg: Yeah. Commissioner Suarez: So -- Mr. Alfonso: Mr. Chairman? Commissioner, we discussed that yesterday, and I mentioned to you that I would -- committed to make the recommendation of the selection committee as soon as possible so that if anybody has any objection, we have time to review those objections before the final date that the RFP is due, so that by the time that the RFPs come in, we can get right to the selection process to -- but we didn't say, "within the first 15 days, 20, 30, " but certainly, as soon as possible. Commissioner Suarez: I know -- I like to pin it down, and I would like to do it because we did pin down the number of days that a possible proposer or that someone who's sort of put an intent to bid, sort of a thing on the record, will have to object to a member, which is five days. Mr. Alfonso: Right, five days, correct. Commissioner Suarez: Right; which, by the way, I don't know if the language that we talked about -- is that in here as well? Mr. Alfonso: No, it's not there yet, Commissioner. Commissioner Suarez: Okay. Mr. Alfonso: That was just yesterday. So I remember, I said if I can do it within the first 30, 45 days. There's still 45 days to go. Commissioner Suarez: I would say 30. Mr. Alfonso: My only concern is we're discussing -- and I asked the City Attorney to also look at it, because I'm not sure that our current Code allows to put specific restrictions. It just says that the Manager selects the committee. So I don't know if the Code currently allows for that. 1 did commit to name the folks. if you want to say 30 days, 1 will try to do it within 30 days, but it may be difficult to get people who want to participate -- Commissioner Suarez: But remember -- Mr. Alfonso: -- within the first 30 days. City of Miami Page 55 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: -- there's two aspects of this. The first is knowing up front, quickly -- Mr. Alfonso: Yes. Commissioner Suarez: -- so that if anyone feels that someone on the selection -- Mr. Alfonso: Right. Commissioner Suarez: -- committee is inappropriate, is biased, is conflicted -- Mr. Alfonso: We can (UNINTELLIGIBLE) that. Commissioner Suarez: -- we can change it. So the sooner we know who they are -- Mr. Alfonso: Right. Commissioner Suarez: -- the sooner we know -- Mr. Alfonso: No, I -- Commissioner Suarez: -- right? The sooner the five days run. Mr. Alfonso: Right. I agree. My point is, though, that if you tell me, "Well, you've got to make the selection within 30 days," if we want somewhere between five and seven -- I'm going to shoot for seven, because if somebody objects to one, I may be able to just drop that person, and then we're still good. Commissioner Suarez: I'm fine with that. Mr. Alfonso: And I don't have to find somebody else. It may be difficult, with all the requests that are being made for qualifications of people, to find people who would want to subject themselves to participate in our RFP process, and then to dedicate the time that it will take, because to read, I imagine, possibly two, maybe three RFPs, as complex as these are, is not something that you're going to do in 20 minutes. This will require hours and perhaps days of discussion with these people, so their calendars have to be available and whatnot. So -- Commissioner Suarez: Look, we're all -- Mr. Alfonso: -- yes. Can I try to do it in 30 days? Absolutely. Commissioner Suarez: But let's be fair. We're all putting pressure on each other, right? We're putting a lot of time pressure on each other; right? Mr. Alfonso: Yes. Commissioner Suarez: So it's fair for us to put a little bit of time pressure on you, too. Mr. Alfonso: I will advertise and get them within the 30 days; ifI can't,1 will let you know. Commissioner Suarez: I mean, I think, the sooner, the better. Vice Chair Russell: The sooner, the better, of course. City of Miami Page 56 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: I just -- Vice Chair Russell: But what happens if he doesn't meet the days? Commissioner Suarez: I think he -- I mean, if you can't get a selection committee in 30 days, I mean -- Vice Chair Russell: Of course. No, 30 is fine with me. Commissioner Suarez: -- come on. Mr. Rotenberg: What about public objection? Commissioner Suarez: Huh? Mr. Rotenberg: What about public objection? We pick -- Commissioner Suarez: Five days; it's already in the RFP. Mr. Rotenberg: I'm saying, if people turn down, all five or seven, and we have to start again, those 30 days are the same. Commissioner Suarez: Oh. You have a minimum of 90 days upon which you can issue the RFP, so there's time. What I'm saying is you --1'm setting parameters, so that it's done orderly. You know, we want to do -- I think, to minimize the challenge, the more orderly we do it, the less likely somebody will challenge it. Mr. Rotenberg: Agreed. Commissioner Suarez: The more we do on the front end, the less likely someone's going to spend a ton of money, bid on this project, and then be upset that something wasn't -- that somebody was conflicted, that someone had a bias, so -- Mr. Rotenberg: As long as we have good faith in doing this, we have the ability to go ahead and do it. Commissioner Suarez: What do you mean, "good faith in doing it"? Mr. Rotenberg: In other words, we have five people up there and people object to all five, we start from scratch again; it's day 29. What happens at that point? Commissioner Suarez: I have full faith and confidence that you can find five people that are unimpeachable. Mr. Rotenberg: Okay, right. Commissioner Suarez: So there won't be anything to challenge, right? Because you're not going to be picking people that have things to challenge, right? Mr. Rotenberg: Yeah, okay. Commissioner Suarez: Okay. Chair Hardemon: Am I mistaken? You're not picking everyone, right? The Vice Chairman named some --? Mr. Alfonso: No. City of Miami Page 57 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: No? Mr. Alfonso: What the Vice Chairman said, he would like for one of the persons to come from the Advisory Board. Commissioner Suarez: Category, category. Mr. Alfonso: Right. Chair Hardemon: But the Advisory Board needs to pick that person. So they have to schedule a meeting. Commissioner Gort: And vote on it. Chair Hardemon: They have to go through the -- Mr. Alfonso: No, I don't think that's what the Chairman said. He said that I would pick one person from the -- Commissioner- Carollo: No. Vice Chair Russell: Well, actually, I did state that I would like them to offer their person. Chair Hardemon: He wants them, right. Vice Chair Russell: And then for you to select them. Chair Hardemon: So they have to have a public meeting; they have to select someone; they have to discuss it and pick someone. You know, they have to go through their process, too. How often do they meet; do we know? Vice Chair Russell: They'll call an emergency meeting. Mr. Rotenberg: Pretty much, once -- it's once a month. Chair Hardemon: Once a month? No, 1 could imagine -- Mr. Rotenberg: Yes, sir. Chair Hardemon: -- I'm just -- you know. Commissioner. Gort: Look, they can always have a special (UNINTELLIGIBLE). I think you don't have any problem with the marina manager. Mr. Rotenberg: We don't have a problem with that. Chair Hardemon: Unless they (UNINTELLIGIBLE). Commissioner Gort: You don't have any problem with the Virginia Key Advisory Committee. They're going to name someone. Then the environmental expert, you got to make sure there's no conflict of interest, because there are not too many of them, that know of. City of Miami Page 58 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: No, but I'in -- but what I'm saying is that, so, for instance, those (UNINTELLIGIBLE) that Commissioner Gort just named, what if their interest is not -- as a body -- not to have development? Mr. Alfonso: Mr. Chairman, ifI may, because I -- you know, this morning, we had a discussion about a decision which I made in terms of the word, "available." So I want to ask the City Attorney. The current Code says, "The Manager shall select the committee." Ms. Mendez: What it says -- Mr. Alfonso: Okay. Ms. Mendez: -- just so that we're clear. Under -- it's two sections that talk about the Unidentified Speaker: They contradict each other. Ms. Mendez: No, they don't contradict each other. There's two sections. Section 18-86 and Section 18-117, and both of them pretty much say the same thing, which is, "An evaluation committee shall be appointed by the City Manager for purposes of' evaluating proposals." And then -- they say the same thing. "An evaluation committee shall be appointed by the City Manager for purpose of evaluating proposals." Chair Hardemon: Right. So now we've started the process of watering down the Manager's authority to choose the selection committee, but in doing so -- which is fine -- but in doing so, you're giving more authority to other individuals; not from the Commission, but you're saying, okay, if there is a body that says, "The only thing I want to see done in the bay is swimming," and what if they then -- just something for us to consider -- what if they then say, "Well, we're not going to appoint a person, or, "We want to delay it"; or getting to it. "We're almost there, we're reviewing it. We haven't decided yet amongst us who it should be." I just think that that's something we should consider. I know that you said -- what's the number; seven? You said the number is seven, right? Mr. Alfonso: Right. We're targeting. for seven -- Chair Hardemon: Typically, the odd numbers -- Mr. Alfonso: -- but we'd like to have at least five. Chair Hardemon: -- (UNINTELLIGIBLE) five, right. So if, then -- if for instance, the Manager appoints his -- he appoints five, but two of the bodies refuse to tender a name, is it fine for them to move forward, or is that a problem that we need to be -- that we need to address here before this Commission? Vice Chair Russell: That's a good concern, in case they don't have their meeting, or bring someone forward. 1 do feel, though, even though there may be some -- You know, within that board, there are very environmental people, and there are people that are okay with development on the Key. There's a balance within there, but if -- recognizing either being -- they're being invited to be a part of the process versus not at all, they're going to proffer somebody. I think they'll be very -- actually, thankful to be involved and have a voice within the actual selection committee, which is really what I believe they -- their biggest mission, as being formed by Commissioner Suarez just a year ago, was to really have a hand in what happens with this part of the development on the island. So having a representative from them is good. Having a City of Miami Page 59 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 timeframe for them to get together and proffer someone, otherwise they lose that opportunity, might also be a good way to do it. Chair Hardemon: Are our selection committee members in this instance, are they subject to sunshine laws -- Commissioner Carollo: Absolutely. Chair Hardemon: -- ethics; all those special things that --? And, if so, do they need to be trained before we put them all together, because you don't -- you wouldn't want someone to get in there and have conversations outside of the -- outside of this board and -- or together -- say two of them together; they're friends, we all know each other; and then, get to the board, they end up making a decision that moves one group. first instead of the other group being first, and then there's wind about that, and then we sue about that. So do we need to do that first? Do we need to take care of that type of thing first? Because, you know, it's important. Ms. Mendez: We can give them a training right before. That's not a problem. Mr. Alfonso: That's part of our process. We normally -- before they sit down to look at the process, they are ex -- the rules are explained to them. Ms. Mendez: But he was -- I think he wanted to elaborate. In addition to that, we can do a little bit of ethics -- Chair Hardemon: But what about -- Ms. Mendez: -- public records -- Chair Hardemon: But what about -- Ms. Mendez: -- sunshine and all that. Chair Hardemon: But what about qualifying them? You know, if, say, they're related to someone who's applying or -- Vice Chair Russell: I did put a conflict of interest. Chair Hardemon: -- used to work for someone who's applying, or they lobby someone who's applying or, you know -- Ms. Mendez: I -- Chair Hardemon: -- what about things like that? M. Mendez: The Vice Chairman brought that up, but in addition, they have to comply with rules of ethics, because they cannot have any type of pecuniary gain, based on them being on the committee, and they award it to, you know, their -- Mr. Alfonso: As part of the process -- Ms. Mendez: -- brother. Mr. Alfonso: -- they sign a document that says that they have no conflict. They have a conflict of interest. City of Miami Page 60 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Is there -- does the conflict of interest extend to after this selection? So, for instance, if someone is selected, and then they all of a sudden get a nice, beautiful job, after, you know, working for a port? 1 mean, we've seen stranger things. We have --1 mean, we have restrictions on us, as Commissioners; that we can't lobby the Commission until after two years. I mean, what about in this instance? Is there something like that that votive thought about? Commissioner Gort.• I think it'd be a conflict of interest if you sit on the board and you make the selection, and then you get hired by the person. Chair Hardeinon: It may not be, though, because the deed is done. The only -- you know, the only problem is the quid pro quo, 1 would think, if, you know, you did it to get the job. I mean, these are all -- you know, if we want to talk about it, let's talk -- Commissioner Carollo: I think you have valid points. Ms. Mendez: I'm sure the Ethics Commission, if -- Commissioner Suarez: What are we talking about? Ms. Mendez: -- advised of this, would investigate and see what -- you know, they'd figure it out. Vice Chair Russell: Any selection committee could be susceptible to these issues -- right? -- so that by creating these categories isn't what's causing the potential conflicts, is it? Commissioner Suarez: No. Vice Chair Russell: Okay. Commissioner Suarez: I can't imagine. Vice Chair Russell: The -- Chair Hardemon: For me, I think it would be that you -- if we create these -- The more we expand it beyond professionals, I think, is where you start to have that kind of -- that dilemma, but I'm not saying not to do it. Vice Chair Russell: Right. Chair Hardemon: I'm just saying that we should all be aware that there could be hiccups, so don't -- you know, you can do as much as you can to be transparent, and things will still go wrong, because they will. When things go -- you know, some things go wrong. Vice Chair Russell: Right. The only one that I'd recommend that is not necessarily a industry professional, per se, is the Virginia Key Advisory Board member, and we're hoping that they're a professional on what the interests of the master plan are and the interests of Virginia Key. They're our steward of the Key, in our mind, that we've appointed. Who from that board -- if someone from that board -- if they choose someone who's conflicted out, they'll be conflicted out because of the conflict of interest clause that I've asked for. But do you see any problem with -- Madam City Attorney, do you see any problem with the Virginia Key Advisory Board putting forth a nominee that the Manager appoints? City of Miami Page 61 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: The only thing -- the only problem 1 see may be more of just an appearance issue. 1 don't know how unbiased the Virginia Key Advisory Board would be; depending on how they've consistently voted. What if --1 think that would be the only issue, maybe. If they can appoint someone that is not on the Board, I think that would be better than -- Chair Hardemon: No. I mean, listen. Vice Chair Russell: This is the whole reason we chose them, was to -- Chair Hardemon: But it's an important thing to say, Madam City Attorney, because I'll tell you this: If there was a line within our governing documents that said that, "The City Commission shall appoint 'X,"'Y,' and 'Z, 1" and then the Manager said that, "No, no, no, I'm going to put two on there. It's" -- "I'm going to do this," then we would have a problem with it, you know. So it's like its -- if it's good for the goose, it's good for the gander, and that's part of what I think your frustration is, Madam City Attorney, and what you just stated is that, "Look, the rules give the Manager the authority to make the appointment," and that's what the rules do. Change the rules, which happens all the time. People change the rules to fit their -- you know, what their ideals are. Sometimes it flies and sometimes it doesn't. Mr. Alfonso: Mr. Chairman, Mr. Vice Chair, when I came in front of the Virginia Key Advisory Board, I committed to them that I would select a member of their board to be on the selection committee. So if I'm allowed to select, as the Code says, 1 will pick a member of their board, and it won't be either one of my two employees that are nonvoting members; it'll have to be somebody else. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I mean, if you have any of those cases, that's why, you know, we've considered throwing out the highest and the lowest, so if there's someone that, for instance, doesn't believe in -- we should go forward, or it should be used for "X" or "Y, " you know, and grades, you know, very low or so forth, it'll be thrown out. Now, with that said, I mean, I'm going to be very candid with everybody. I came in here with, you know, hesitations and reservations about going forward with this. You know, 1 like some of the amendments that the Vice Chair made, and one thing that 1 think is missing with what -- in the criterias [sic] is this is very valuable land, and especially when 1 hear about time pressures. You know, we're talking -- what? - - I forgot. Is it 99 years? 75 years? Commissioner Suarez: 75. Vice Chair Russell: 75. Commissioner Carollo: 75 years. I mean, and I'm hearing time pressures; we're putting time pressures on ourselves, and I'm saying, "Wow." You know, we're putting time pressures on ourselves, and realistically, this is something that, you know, I don't even know if my daughter will be alive to see the end of it, you know. So, I mean, we're -- you know, so 1 don't mind taking a step back and, you know, looking at this and making sure it's done right. But with that said, out of the categories that you said, Mr. Vice Chair, one that I think is missing is that, hey, let's not kid ourselves; this is very valuable land. I think you need someone there that has -- that's a CPA (Certified Public Accountant) or -- Vice Chair Russell: An account. City of Miami Page 62 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: -- extensive financial experience -- Commissioner Suarez: Auditor General. Commissioner Carollo: -- you know. Commissioner Suarez: Let's put the Auditor General on there. Commissioner Carollo: You know, extensive financial decision. By the way, Commissioner Suarez, we had that discussion earlier today, and you actually brought a very good point -- Commissioner Suarez: Based on -- Commissioner Carollo: -- as far as using him here. I have to admit, even though I agreed with you, I purposely didn't use this example, because this has been controversial. I didn't want you to make it seem like, you know, I'm doing that because of this or -- Commissioner- Suarez: Related to the other. Commissioner Carollo: -- you understand? Commissioner Suarez: Right. Commissioner Carollo: Related to this. But, yes, that was part of my hesitation. I will -- I really would want independence; someone, you know, with an extensive financial background to be able to look at this. I mean, let's not kid ourselves; this is extremely valuable land, you know. And again, all the other departments -- and I agree with you, butt think we need some financial background in here, too. Vice Chair Russell: So that would be -- Mr. Rotenberg: We can do that. We could look for somebody that has that. And keep in mind, at the same time, along with that -- which we will do -- we are going to have a financial analyst, from a third party, come in, address the selection committee and give them his opinion on what the financial deal is, apples -to -apples comparison, and let them understand what that person thinks the financial deal consists of but we can add a person with financial capabilities. Commissioner Carollo: Yeah. I mean, I -- Mr. Rotenberg: We have the ability to do that. Commissioner Carollo: And just someone that comes to mind -- I haven't spoken to this person about this at all, so don't -- you know -- but maybe someone like Carlos Migoya. You know, I haven't spoken to him about this at all, or anything, so it's not like, you know -- but he's familiar with that land. As a matter of fact, I have mentioned on the dais before that he and I spoke many years ago with -- regarding to, you know, putting the marina and stuff like that, so I think it could be a possibility, and I'm -- Chair Hardemon: Make sure he presents you the bill first. Commissioner Carollo: Well -- City of Miami Page 63 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Carlos is --1 know he does very well for himself, but -- Commissioner Carollo: Well -- Chair Hardemon: -- he may do it for free, hut -- Commissioner Carollo: -- the bill he presented to the City was $1. Chair Hardemon: That's what I'm saying; he may do it for free -- Commissioner Carollo: Yeah. Chair Hardemon: -- or $1, but nonetheless, you should get the bill first; he's a professional. I do want to open the floor for anyone, from the public that might want to add some of their knowledge in this whole situation. I'm sure this is a -- Commissioner Suarez: Mr. Chair. Chair Hardemon: -- an item that means the most to all of us. Is there anyone from the public that wants to chime in? Commissioner Suarez: On one specific issue, or on the whole thing, generally? Chair Hardemon: They have the right to come and say what they'd like. 1 don't know -- Commissioner Suarez: Okay. Chair Hardemon: Do you have any recommendations, Grace? Oh, I'm sorry; introduce yourself first. Grace Solares: Grace Solares. Everything I heard, Commissioner Russell, I like. The most important one is never changing that area to SAP. Commissioner Suarez: Absolutely. Ms. Solares: To continue having it as park, which is CS. It's extraordinarily important that you keep it that way. And 1 heard your proposal, and 1 said, "Well, 1 don't need to speak." But the other thing that 1 wanted to say is that this needs to move. You gave instructions to the City Commission to float bonds of $45 million, payable from revenues coming from it. I don't think you have at this time enough revenue to repay those bonds, so you need to move this in order for us to get more money, in order to be able to pay it. I appeared before the City -- before the Virginia Key Advisory Board several tunes. Every time they meet, I'm there. And every time they suggested or they contemplated or they discussed the issue of recommending to all of you floating general obligation bonds, I started screaming, because I don't want $1 of my home to go to pay for anything over there. Whoever wants to be there and do business there and make money there, they should be able to pay our revenue bonds. So thank you so much; that's what I wanted to say. And thank you, Commissioner Russell, for incredible amendments, and pass it, please. Chair Hardemon: Is there anyone else? Mr. Mayor, you're recognized. Mayor Regalado: Thank you. Mr. Chairman, Vice Chairman, Commissioners, just to sort of clarify for the media and, of course, the public, because there is a tendency always to say, "Well, the City is rushing this RFP," but remember that this process began in the fall of 2015, and that was the first RFP that was decided not to go out, City of Miami Page 64 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 and then there's been all these vetting process by the Virginia Key Advisory Board, discussions, public discussion, hearings, like Grace is saying; input from the Commissioners. The reason that this is before you today is because we really need time for the comments of the potential bidders and any amendment and the selection committee members; and, of course, the goal is to get it on the ballot in November of this year. It is an important election, because you have a Mayor citywide running; and also, three Commission districts that are up, which is a very unusual election. And hopefully, the people of Miami will be able to participate and opine. If we don't do it now, then you will have to -- those of you who would be here will have to wait, maybe, of August of '18 on the County primary, which is an election that in the City of Miami, we're known to vote 11 percent, 12 percent, 13 percent, which is the State and the County primary, or the Governor's race in '18. So we're looking a long time, because no one may even suggest that the City will pay $2 million for a special election. So that is, to me -- and this is not to you, but to the media and the people, that this is not a rush thing; it began a year and a half ago. Thank you, sir. Chair Hardemon: Thank you. Is there anyone else from the public that'd like to speak? Sir, I know you've been here for a while. You look like a marine guy. John Kearns: My name is John Kearns, of Coconut Grove. I just would like the City not to fall fbr a bait and switch. The current RFP has a 75-year lease. The bidder can win the bid and instantaneously flip it and cash out for millions of dollars. If we give the developer a 75-year lease, I think he should own and operate it fbr at least 20, 25 years. Two: I believe that there should be vetting -- not extreme vetting -- but vetting of the developers. Have them disclose -- find out more information about them. Find out, have they ever did any soil contamination or pollution. Have then - - ask them have they ever made any misrepresentation to the City. Find out -- I gave to Commissioner Ken Russell a list of questions, as well as Dan Rotenberg. Take a look at that list and include it in the RFP. Find out who you're dealing with, and don't fall for the bait and switch. Thank you. Chair Hardemon: Is there anyone else? Vice Chair Russell: I have a question for Mr. Rotenberg, based on that last -- Mr. Rotenberg: I just want to point out -- and thank you, Mr. Kearns -- we -- most of the items that he just discussed, we have inside of the RFP. They are going to be vetted; not extremely, but they -- we will have an investigator look into each and every one of them. There is a transfer fee in this. We can't really limit anybody from doing anything, but we made it very difficult for them to come in and immediately sell it. There is a transfer fee; it's substantial. Vice Chair Russell: It's a transfer fee, but it's -- there's nothing that says they need to hold the lease for any period of time? Mr. Rotenberg: We legally -- I -- the Attorney can tell you, you can't do that. We can't limit them; it a right that they have. Mr. Alfonso: Actually, if somebody comes in and flips it to another person, we would have to approve who that person is. Mr. Rotenberg: Yes, we do. Mr. Alfonso: So if another -- Chair Hardemon: (UNINTELLIGIBLE) penalty, as well, right? City of Miami Page 65 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Alfonso: So -- Lori, 1 think, sold the baseball team today. 1 think 1.2 billion was the -- no? You didn't sell? Mr. Rotenberg: In discussions; it's not official yet. Mr. Alfonso: There's a discussion going on for 1.2 billion? Mayor Regalado: (INAUDIBLE) confirmed. Mr. Alfonso: No, no, it's not confidential; it was out there. It's not confidential; it's out there. My un -- but there is a transfer fee, and if somebody were to try to buy it, there is an approval process for that, as well, so -- and then they still have to comply with whatever requirements there are that was awarded, so -- Mr. Rotenberg: Equal or better, financially. Commissioner Suarez: Mr. Chair, I just want to say that we do have the right -- I just want to clarify something that was just said. We do have the right to restrict transfer; we do. Mr. Rotenberg: Yes. Commissioner Suarez: That is legal. You can say that a transfer, a sale can be withheld unreasonably, so we have the right to do that. Mr. Rotenberg: Correct. Commissioner Suarez: I just wanted to be clear on that. Chair Hardemon: Sir, you can step to the lectern, please. Vincent Richtor: Hello. Vincent Richtor. I'm on the Virginia Key Advisory Board. I came a little late. I was just curious. We had come up with some recommendations, a separate list, and I didn't know the status of that. Vice Chair Russell: That's partly where 1 based a lot of the changes that I recommended, was from the Virginia Key Advisory Board's recommendation list. Mr. Richtor: We had done it by resolution, so I didn't know if that gets included or not included, or item by item. Mr. Alfonso: I'll let you know right now. There's a number of items that were put in, so. Ms. Lorenzo: Good afternoon again. Okay, so the first item,, which was to request that the -- no special area plan modify the terms of the RFP or the master plan, and have no commercial boat or vessel painting commercial engine transmission repair, dry dock repair, or hotel/residential component, that was included. That's on page 28, Section 3.B.5. Commissioner Suarez: But wait, wait, wait. We just -- Vice Chair Russell: Just a moment, because I don't believe that's -- Commissioner Suarez: Mr. Chair. Vice Chair Russell: -- completely correct. City of Miami Page 66 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Mr. Chair. Mr. Chair. Let's -- can we -- let's -- can we have focus? Because we -- Chair Hardemon: No, we are -- Commissioner Suarez: -- we've lost a little bit offocus here. Chair Hardemon: No, we're not. We haven't lost focus. Commissioner Suarez: No, we have, because we're talking about -- Chair Hardemon: No, you -- Commissioner Suarez: -- she's talking now about -- Chair Hardemon: She's responding to his -- Commissioner Suarez: I understand, but we already dealt with that issue. Chair Hardemon: But understand -- Ms. Lorenzo: Okay. Chair Hardemon: -- part of the reason that -- you missed the first half of this meeting; it was very lively. And in the meeting, members of the public, it was decided, will have an opportunity to speak contemporaneously with items that are presented. And so, one of his things was presented, and the Vice Chairman was ensuring that his comments were addressed. And so, I believe that's why you're reading the items that were discussed, to answer his particular question. So we want this gentleman, who had a question in the middle of our deliberation, to have his question answered; that's it. Ms. Lorenzo: I don 't want to take too much time. I'm just not sure if you all have the resolution in front of you, so I don't want to skip anything that they may have asked. I don't -- Mr. -- Vice Chair Russell: 1 would like to be very clear, though. 1 don't believe page 28 does specifically say, "No SAP." Correct? Ms. Lorenzo: The request by the Virginia Key Advisory Board was that no SAP can mode the terms of the RFP -- Vice Chair Russell: Got it. Ms. Lorenzo: -- can -- or the Virginia Key Master Plan, or have anv of those components that I spoke about. So there -- so we did do -- make those changes. Mr. Rotenberg: We now went a step above that. Ms. Lorenzo: Right. Mr. Rotenberg: No SAP. Ms. Lorenzo: So -- Vice Chair Russell: I'm sorry. We -- so no SAP? City of Miami Page 67 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Rotenberg: That's what we're going to do. Ms. Lorenzo: Well, at the recommendation of the board -- Vice Chair Russell: We have not -- Ms. Lorenzo: -- that was our understanding. Vice Chair Russell: We said that -- Ms. Lorenzo: I mean of the Commission. Vice Chair Russell: -- they could not change from CS, but if -- so an SA -- And I understand SAPs get a bad rap these days, for sure, because, you know, they can be abused. But if there is an SAP that is limited, in that you cannot change the zoning or use designation, that SAP will add flexibility, potentially, with the assemblage of how it works, but it would not allow density; it would not allow any of the things that people fear from SAPs. So I don't believe anyone on the board -- on the dais has said that an SAP would not be allowed. And if I'm understanding correctly, SAP -- as far as the Virginia Key Advisory Board, as far as you stated in here, is that if an SAP is -- Ms. Lorenzo: Right. Vice Chair Russell: -- that it would only be within the CS. Ms. Lorenzo: Exactly. Vice Chair Russell: I'm okay with that. Ms. Lorenzo: And our apologies for the misunderstanding. Commissioner Suarez: Wait, wait, wait. Vice Chair Russell: Am I -- is that not what you intended? Commissioner Suarez: That's not what I understood. Vice Chair Russell: Okay. Commissioner Suarez: And that's why I'm saying, I think we're sort of retreading ground here. So I thought what was being said was, "Look, maintain this project within the CS zoning category." Commissioner Gort: Yeah. Commissioner Suarez: Okay? So within that CS zoning category, you can only build a certain footprint in a -- in park space, there are things you cannot do. Vice Chair Russell: Correct. Chair Hardemon: Right. Commissioner Suarez: And I just think it's better, personally, to let the project be done under that zoning category, understanding there may be some limitations, and maybe we can work through those limitations with the time that we have, if we really City of Miami Page 68 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 feel that they're important to change. But to say that you could do an SAP minus "X," "Y," and "Z," whatever are the things that you can't do in an SAP, to nie, that's not preferable, to nre. Vice Chair Russell: Okay. Commissioner Suarez: I thought you were going down the right path. Vice Chair Russell: Yes. And so -- Commissioner Suarez: And I thought we were on the same page. Vice Chair Russell: And then I'm glad we did go around then, because I want to make sure we are on the same page. So what I had said was -- let nie go back to my first zoning amendment. Must remain CS. Land use and zoning must remain CS. Commissioner Suarez: Right. Vice Chair Russell: Now as a -- an SAP could be applied for without changing that. And so, it would not allow any of the potential negatives that are associated with an SAP, because it would remain CS. It would remain -- the land use and zoning would not change. If that is a requirement; if that's for you important, you know -- Commissioner Suarez: I -- just -- my -- Vice Chair Russell: -- it'll remove a little bit of flexibility, but it will also remove a lot of fear for people -- Commissioner Suarez: That's my point. That was -- Vice Chair Russell: -- which is okay with me. Commissioner Suarez: -- my point. Commissioner Gort: Take the SAP out. Commissioner Suarez: Huh? Vice Chair Russell: Take the SAP out then. Commissioner Gort: Take the SAP. Vice Chair Russell: No SAP. Commissioner Suarez: Yeah, that was my point. My point is that you -- it's kind of like the up -zoning with a covenant. Yeah, maybe the up -zoning with a covenant could result in that issue -- Vice Chair Russell: Right. Commissioner Suarez: -- but people just don't have faith in it. Vice Chair Russell: It's a scary toe in the door. Fine. Commissioner Suarez: Exactly. Commissioner Gort: No SAP. City of Miami Page 69 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: No SAP. Commissioner Suarez: So -- Ms. Lorenzo: Okay, got it. Commissioner Suarez: Thank you. Commissioner Gort: Next. Commissioner Suarez: With the restrictions. Chair Hardemon: I have a question to the management. So if there is, "Or instance, no SAP, are they allowed to do like the special lighting in the area to make it Design District-ish, and things to make it like that? Are they allowed to do that? Francisco Garcia (Director, Planning & Zoning): My apologies, Mr. Chair. May I ask you to restate the question? I was distracted. Chair Hardemon: Sure. It wasn't eloquent at all, but it was just -- If there's no SAP, are they allowed to do the decorative lighting that's different from other areas; Jro instance, like what they have in the Design District, et cetera? Or do -- or must they have standard lighting fixtures, et cetera, that the City would be able to maintain? Mr. Garcia: Now, all of those particular components are within the parameters of what we can approve. So aesthetic treatment or aesthetic matters, generally speaking, can certainly be accommodated without the need for an SAP. Commissioner Suarez: Yeah, that's what thought. Chair Hardemon: Good. Commissioner Suarez: So we're back to square one; we're good there. Okay. Chair Hardemon: Commissioner Gort, did you have a -- did you have something you wanted to add? Did you have something you wanted to add? I thought I saw you had something you wanted to add. Pm sorry. Ms. Lorenzo: Okay. So I'll continue with the list. They also requested that we remove the reference to a mooring field or marina at a later date, and we all -- inside the historic basin, and we've done that; we've removed that. They also had some language that was requested to be specifically incorporated in order to be as concise as possible, and keep it straightforward. We included -- part of the language was that the limit -- that the proposers would not be able to dredge beyond maintenance dredging, and so, what we've incorporated in the RFP is that they cannot maintenance -dredge beyond eight or nine feet, so that is the requirement that we imposed in order to satisfy that concern. Commissioner Suarez: And may ljust chime in on that? That means they will not be a mega yacht marina, correct? Because you're not going to be able to bring in boats that are larger than a certain size, because of that -- Ms. Lorenzo: Right. Commissioner Suarez: -- fact. City of Miami Page 70 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Lorenzo: A mega yacht would not be able to -- Commissioner Suarez: It also, from an environmental perspective, is a much better situation than, you know, having to go through all the environmental issues involved in something like that. Ms. Lorenzo: Correct. Additionally, they asked that we incorporate certain Miami 21 principles as to public access and waterfront walkways. We've included in -- on page 28, Section 3.B.5 in the zoning section, we've included language as to the fact that the proposals should consider those principles, and we included links. We -- that was before we actually saw the language that was proposed in the resolution, so we can incorporate that, as well, but I believe the language, as we've written it, does incorporate those concerns. They've also requested that we include mangroves where feasible, and that is -- that language has been provided in Section 3.A.3.A.3. And finally, they asked that we limit the length of the lease to 50 years, which we have not done, due to the fact that financing would be very difficult in that situation, if not impossible, so. Chair Hardemon: Any further discussion? Commissioner. Gort: So you (UNINTELLIGIBLE) amend this? Commissioner Suarez: Like -- it's like an alligator walking through -- you know, like one of those lobbyists that the press was talking about. Commissioner Gort: Is that all your amendments? Vice Chair Russell: That's it. Commissioner Suarez: Alligator cruising through the galley. Commissioner Gort: The second, I accept the amendments. Chair Hardemon: All right. So as I understand, the mover and seconder accepted the amendments that were proposed. Commissioner Suarez: I've got so much more. Chair Hardemon: Oh. Commissioner Suarez: My apologies. Sorry. So show of hands, how many people here have actually read the deed and the declaration of restrictions? Show of hands. No, I don't mean the people in the audience; I mean the people on our side of the ledger. We got one. You care to explain to your Administration what it says? Commissioner Gort: Go ahead. Commissioner Suarez: You raised your hand, brother. Has anyone here -- Commissioner Gort: You volunteer. Commissioner Suarez: -- has anyone on this side of the ledger read the deed and the restrictions? Ms. Mendez: The ones I passed out to you? Commissioner Suarez: Correct. City of Miami Page 71 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: Yes. Commissioner Suarez: You have? Ms. Lorenzo: It's for a parking garage. Commissioner Suarez: I'm sorry? Ms. Lorenzo: It's for a parking garage. Commissioner Suarez: Yes. Have you read them? Ms. Mendez: I briefly perused them. Commissioner Suarez: Okay. What does the restriction say? Ms. Mendez: For the -- Commissioner Suarez: Declaration of restrictions. Ms. Mendez: -- well, the County deed -- Now, two things: I'm going off by the original document, the original deed, because in your packets, you have the amended one, but we don't know if that's passed yet, but at the end of the day, this was the original one. Commissioner Suarez: What do you mean, you don't know if it's passed? Ms. Lorenzo: It -- Ms. Mendez: We're checking if the item actually passed. Ms. Lorenzo: It did pass by the County. They had to approve, because we had to request an extension. Commissioner Suarez: I mean, this says, "Recorded in 2013. " Ms. Lorenzo: That document you have is the old version. So originally, we were granted -- Commissioner Suarez: There's a new one? Ms. Lorenzo: Yes. So we were granted -- Ms. Mendez: (UNINTELLIGIBLE). Commissioner Suarez: Where's that one? Ms. Mendez: It's in your pack -- in your packet, you have the -- Ms. Lorenzo: Right. So -- Ms. Mendez: -- amended ones. Commissioner Suarez: So you're saying -- I got what you're saying. So you're saying this was the old -- the recorded deed that you have a recording of but -- City of Miami Page 72 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: Right. Commissioner Suarez: -- the actual deed may be this other one? Ms. Mendez: Correct. Commissioner Suarez: Okay. Let me -- Ms. Mendez: So -- Commissioner Suarez: Okay. Ms. Mendez: But you have it in your packet. I wanted to look at the original one and what the restrictions were. The original one was the sole purpose of construction, operation and maintenance of the City public municipal parking garage, and for no other purpose. Commissioner Suarez: Yeah, but it's more complicated than that when you read the restrictions. Ms. Mendez: And then in the restrictions -- Commissioner Suarez: Right. Ms. Mendez: -- it says for -- solely to be used -- the permitted use; is that the main one you want me to focus on? Commissioner Suarez: No. What I'm getting at is -- and that's why I'm glad you clarified that, Ms. Lorenzo. I need to -- we need to know whether or not this new deed was authorized and recorded, because the one that's authorized and recorded talks about there being a reversionary event if nothing is done within five years, which nothing has been done within five years. This one expanded to eight years. I'm just looking at it now. So the question that I have is, has this been -- you know, this is not recorded. This one is recorded. That's why I asked you, "Can I see the recorded one, and is this" -- "has this passed?" Ms. Lorenzo: So what you have -- Commissioner Suarez: Passed? Ms. Lorenzo: -- as Exhibit -- Commissioner Suarez: Sure? Ms. Lorenzo: -- "G," it was approved by the City -- I mean, by the County Commission -- I'm sorry. We have reached out to the department that handled the transaction to see whether or not they've recorded it; and if they haven't, you know, to ask them to -- Commissioner Suarez: But it's approved? Ms. Lorenzo: It's been approved, yes. Commissioner Suarez: Okay. That's -- yeah. I mean, if it's approved, it's just a matter -- recording is not a big deal. Ms. Lorenzo: Yes, correct. City of Miami Page 73 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: It's just a matter -- When I saw this other one that was recorded, and this was the one that you were giving me as the recorded deed, 1 was very worried. Ms. Mendez: Right. I apologize, because I thought you had the -- Commissioner Suarez: I -- Ms. Mendez: I was giving you the background -- Commissioner Suarez: --do, I do, I do -- Ms. Mendez: -- and the two -- Commissioner Suarez: -- but since it's not recorded -- Ms. Mendez: -- in conjunction. Commissioner Suarez: -- I didn't know whether this was just a backup -- I mean, a proposed -- Ms. Mendez: Got it. Commissioner Suarez: -- or something. You get what I'm saying? So can I continue? Mr. Chair, can I continue? Chair Hardemon: Yeah. Commissioner Suarez: Okay. So let me just go from the beginning to the end. We can't talk about -- we have not been able to talk about this document, all of us, so I apologize again for all the issues that I have, but I just want to -- There's some decisions that I think we need to make, if we're going to go forward with this, that are important, because they're going to affect the ability for this thing to be done effectively and efficiently, or not to be done effectively and efficiently. One of the things that I want to thank the Administration for changing was the deposit. We had a deposit of $2 million on what I think everyone agrees is somewhere between an 80 and $100 million deal. And in Scotty's, we had a deposit of $7 million for a $18 million deal. So, to me, it didn't make sense for us to have such a low deposit. So I - - they upped it to 7, and 1 thank you for that. Go ahead. Ms. Lorenzo: There was actually a scrivener's error, so on -- in the executive summary, it says 7. In the body of the RFP, it says 5. So what the -- what we would like to proceed with is 5 million. Commissioner Suarez: Why 5? Ms. Lorenzo: Well, that was based on our analysis of the investment that would be made, the financial structure of a typical transaction of this size. I don't know if you want to elaborate. Mr. Rotenberg: The $5 million amount may be the total amount of equity required. Commissioner Suarez: What do you mean; $5 million in equity on a $100 million deal? City of Miami Page 74 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Rotenberg: Theoretically, if somebody went for this deal and did the financing at 75 or 80 percent, and they had an investment partner that was coming in as institutional equity, on a 90/10 basis, they would -- which is common -- they may only have to put up $5 million. Commissioner Suarez: But -- Mr. Rotenberg: If it becomes something that we have to do, we'll put it to 7, but I think it's a little bit undue, the extra $2 million; even though it was done on Monty's. This is at lease execution. This is for them to use for construction. I don't see it being an issue, but it may be more than they're required, as their own equity, to put into the deal. Commissioner Suarez: Well, we talked about this in our briefing, and -- Mr. Rotenberg: We did. Commissioner Suarez: -- I thought it was a wise -- I think -- I thought you guys had done the wise thing in upping the deposit from 2 million to what was required in Scotty's, which is right next door, and where -- I thought that Scotty's -- despite my good friend, Ms. Solares, who came up and reminded us about her lawsuit -- I think the reason why Scotty's will most likely happen is because they put up in cash almost 50 percent of the entire project cost. That's a significant amount of money. In other words, if we were to apply that standard here, they would have to put up in cash $45 million, okay? Or $40 million if it's an $80 million deal; 45 million. So what I'm saying is, rather than it just be 2 million, we should -- let me finish. Mr. Alfonso: Can we make it 7? Mr. Rotenberg: We can make it 7. Commissioner Suarez: I'm okay with that. Mr. Alfonso: Good. Commissioner Suarez: At least 7. Commissioner Suarez: 7 it is. Commissioner Suarez: Okay, so we're good. Mr. Rotenberg: We're good. Commissioner- Suarez: Thank you. I appreciate it, because it was at 7. I don't know why it came -- how it came down to 5. And it could be higher, but I'm compromising at 7. Go ahead. Mr. Alfonso: I'm going to bring back Esther Farmer; see if we can get it to 10 or 12. No, I'm just kidding. Commissioner Suarez: There you go. It could be 14. It'll be 14. Anybody want to double up? Go ahead. Vice Chair Russell: Would that discourage other bidders from coming in, to have that high of a threshold? City of Miami Page 75 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: I think it discourages people who are not real, because 1 think what happens here is this -- this is my personal opinion on this -- is that people re -trade these deals. There's a difference between being financially capable of doing this deal and politically capable of doing this deal. Vice Chair Russell: Interesting. Commissioner Suarez: Okay? And so, you want people that are financially capable of doing this deal. And so, I don't think it's unreasonable to say, on a $100 million deal or an $80 million deal, you need to put up 7, 10, 15, $20 million. I mean, you're going to put up the cash one way or the other. You got to put up the money, so I don't even know why this is an argument. 1 don't think this is really a difficult decision. Vice Chair Russell: No. It's -- Commissioner Suarez: Yeah. Vice Chair Russell: -- simply a question from my side. Commissioner- Suarez: Yeah. Vice Chair Russell: My goal was to encourage as many bidders as possible, but you -- I see what you're -- Commissioner Suarez: You want responsible bidders. Vice Chair Russell: -- going for, and I would accept that amendment. Commissioner Suarez: You want real bidders. Chair Hardernon: Got to be politically able to do it, too, because -- Commissioner Carollo: Needs to be a balance. Commissioner Suarez: You don't want somebody who -- Chair Hardernon: -- politics killed the last bidder. Commissioner Suarez: -- conies in and wants to re -trade -- that's one of the concerns that I have of this. Okay? So that's one. Another one that I have is -- all right, let me -- I'll get there. Another one that I have is -- I think we dealt with the issue of the parking garage, with the reverter, right? So you guys will get me confirmation. Get me the reso, please, please. Ms. Lorenzo: We're working -- Commissioner Suarez: To get it. Mr. Alfonso: The reso isn 't -- Ms. Lorenzo: -- on the recorded one now. Commissioner Suarez: Fine. That's fine. We had talked about some language that said, in page 30, third paragraph, where it talks about, "Submittal of a proposal shall be confirmation of each proposer's acknowledgement" -- and then, I put in there, "that the committee members are free of conflict or bias, and acceptance of the City of Miami Page 76 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 appointment of these committee members." In other words, if we set up this process where the Manager is going to, within 30 days -- he's committed now to 30 days -- put together a selection committee, we're going to give all the bidders five days to object, based on -- and I guess the public, too -- bias, conflict; whatever the case may be. He still has 60 days, approximately, to straighten that out before the hid is sent, right? So we're up -- we're frontloading any sort of discussion, determination, analysis of the committee; the jury, if you will. Vice Chair Russell: Yeah. Commissioner Suarez: Right? If a -- what Pin putting in there is language that says that if a proposer bids, what they're saying is that the committee members are free of conflict or bias. They've done their due diligence. They didn't challenge the committee members. They had the time and they had the ability to challenge them within five days, so by virtue of not challenging and submitting a bid, you are saying that the proposers -- I mean, that the scores -- that the jury, in fact, is not conflicted, is not biased, et cetera. Okay? Everyone cool with that? Vice Chair Russell: Yes. Commissioner. Suarez: (UNINTELLIGIBLE)? Okay. The next one is, I don't like the concept of the short list. I -- and I told the Manager that one, which is the paragraph below it, number 3. There's a possibility we may have less than three proposers, and it may even be probable, but 1 don't like two scores, because we saw it happen in a County RFP very recently, and it was very, very controversial, where one firm got ranked the winner. There was a best and final offer, a restore, and then Unidentified Speaker: (UNINTELLIGIBLE). Commissioner Suarez: Exactly. And that, to me, is ripe for litigation, because someone's going to -- If we were challenging individual scores and saying, "Well, maybe if you would have had an alternate score, you know, you would have" -- "the thing would have come out differently." Imagine if we have two scores. Do you get what I'm saying? So I don't think -- number 3, I think we should -- Go ahead. Vice Chair Russell: My first instinct was very much what you're saying. I spoke with Mr. Rotenberg about this, and if you could explain if there's a new method of thinking in the short list and the best and final that is different than the traditional RFP method, and what the advantages are; if you could address the risks that Commissioner Suarez mentioned about potential litigation. Isn't he correct that, if somebody is second place in the first round and then he's first place in the second round, he's got pretty good grounds for a --? Mr. Rotenberg: Theoretically, it's true, they do have better grounds to go ahead and argue that something happened between the first and second bids, but the only thing that we're doing in here is a financial short list -- it says "final and best" -- to try to up their bids. We did the research. We were just at a peer summit for other count -- cities and counties that do the same thing. Most of them -- New York, New Jersey Port Authority, New York City EDC (Economic Development Corporation), Chicago, L.A. (Los Angeles), Boston, Philadelphia -- they all do a final and best. What that does, it benefits the city -- or their cities -- and it would benefit our city by making sure, number one, that we are getting the final and best offer that's out there; and it also allows all the bidders to go ahead, take a look at what they're doing, and making sure they're sure that they're ready to move ahead. I understand about the possibility of somebody going ahead and having a conflict within that period of time, but like everything else that's done in real estate, there are operating agreements, City of Miami Page 77 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 there are partnership agreements, there are documents. fVe've spent hundreds of man-hours going through this. A lot of this -- a lot of the items that people are mentioning are already in here. There is no short document that's ever going to be there that's going to protect against everything. The only thing we're trying to do over here is to get the final and hest, walking a tightrope, between scoring on just pure financial and scoring on economic, environmental usage, making sure that everybody's putting their best foot forward. If it's the Commission's decision not to do it, we live with it, and we just do one -- we do a final bid, and we don't do a second and final. Commissioner Suarez: I think there's a problem with that, and I'll tell you what the problem is. The problem is, you set up a scoring criteria -- okay? -- which is pretty comprehensive. So now, you're saying, "We're going to score these bidders, based on the scoring criteria," which are a variety of different components, right? "But then, when we come back to this second and final" -- whatever it is -- "we're now going to score them on some other criteria," which is not articulated; not going back to that same criteria. Okay? The problem with that, also, is, let's -- so if you -- there's a problem both ways. If you use the same criteria and it comes out with a different number, then you have a problem, and someone's going to challenge it. Mr. Rotenberg: Maybe there's some confusion. It is the same criteria. We're asking them to give a -- either a better number, or stick with their number; a better use, or stick with what they had. It's the same criteria. Mr. Alfonso: Right, it's the entire same criteria. So they could have better environmental protections; they could have better -- you know, better arrangement. Commissioner Suarez: But they'd be just scoring the proposal twice -- Mr. Alfonso: Yes. Commissioner Suarez: -- is my point. Mr. Alfonso: Yes. Commissioner Suarez: So you're right; you are inviting litigation, because you are going through the process, right? The committee spits somebody out. By the way, here, the Administration has the discretion to do it or not do it. If the Administration says, '7 want to do it," we redo it again, best and final, and then you have to go -- you have to put it through the whole thing. If it's to get a better deal, then there's really only one category, which is financial benefit to the City. If it's, "No, we're going to put it through the whole thing all over again," now you're rescoring the entire -- By the way, that creates a timing problem, too, because you guys who are so concerned about doing this for the November election, let the media see -- Mister Medias -- that that's a timing problem. There's a timing problem with rescoring these proposals twice. So if you want to get this -- Mr. Mayor, if you want to get this on the November election, this is going to create a problem. Mr. Rotenberg: That's a valid point. Okay. Commissioner Suarez: It's going to create a problem. Vice Chair Russell: What would the specific amendment be? Mayor Regalado: Commissioner -- Commissioner Suarez: Out. City of Miami Page 78 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: Six and three? Commissioner Suarez: I would say take out number 3, totally. Mayor Regalado: I think that we all have to do our best effort to get it on the November election, because this is about the future of Miami. Those who will be sitting here in the next three or four years will have to deal with paying the debt of the Marine Stadium, which you all supported. So I think that we have to make an effort, and that's -- Commissioner Suarez: Mr. Chair, if I may just colloquy with the Mayor real quick? Mr. Mayor, if you don't mind, just quick? What I'm saying is that this short list -- Commissioner Gort: Look at the short list. Commissioner Suarez: -- that this -- Commissioner Gort: Take it out. Commissioner. Suarez: -- provision will make it less likely for us -- Commissioner Gort: Take out the short list. Commissioner Suarez: -- to make the November ballot. You get what I'm saying? Because if we have to -- Mayor Regalado: No. I Commissioner Suarez: -- restore it -- Imagine if we're saying that we have to decide on this today, or else it's not going to make the November ballot. If what we're saying here is, we're going to go through a whole process, score it; and then the Manager is going to say, "I want a best and final offer, " so you have to go back to the committee and you have to go through the whole process again. It's going to take more time. Commissioner Gort: Right. Commissioner Suarez: You get what I'm saying? Mayor Regalado: I know, I know. But remember, there's still August. Commissioner Suarez: What does that mean? Of course, there's August. Mayor Regalado: Even if we don't -- Ms. Mendez: Special meeting. Commissioner Gort: I think the maker of the motion -- Mr. Alfonso: Special meeting. Mr. Chairman, if I may? I sort of sense some other Commissioners may be on the same line of thinking. If it's the will of the Commission to have only one -- we will negotiate as tough as we can to get the most that we can, one -- Commissioner Suarez: It's cleaner that way. City of Miami Page 79 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Alfonso: -- no best and final. Commissioner Suarez: It's cleaner. It's cleaner that way. Yes. Vice Chair Russell: Mover and seconder have accepted the -- Commissioner Suarez: Yeah. I'm -- it's cleaner. I think it's a lot cleaner that way. Vice Chair Russell: -- amendment. Commissioner Gort: Next. Chair Hardemon: Increase of -- there's an increase of likelihood that we'll have a worse deal, because we all -- on the dais, you hear many times -- I mean, we heard it today -- that we're going to give the -- you know, we get -- the City negotiates bad deals. We get the worse. And so, now that we have one less bite at the apple, are we getting -- could we potentially get a worse deal than what we would have gotten, had you had another bite at --? Mr. Alfonso: Well, in the past, Commissioners, there has been intense negotiations, even to the day of the -- then the item comes to Commission, and maybe we squeeze a little more on Commission day. Chair Hardemon: But not this time? Because this is an important piece of land that's very valuable. It's a 75-vear lease, and so, 1 guess that means a lot. Mr. Rotenberg: I think we'll be able to do okay. Commissioner Suarez: I'm telling you guys, if we do this twice, aside from the timing issue, Mr. Mayor, we are inviting litigation. Vice Chair Russell: You'll get a better deal that'll get litigated, so -- Commissioner Suarez: No. Exactly. What I'm saying is that -- Vice Chair Russell: -- it's not worth it. Commissioner Gort: Okay. Commissioner Suarez: -- if getting -- listen to what we're saying. It's about getting a better deal. If we're getting a better deal by redoing the process -- We're already skewing the second process in favor of financial return to the City, so now you're nulling the first process. Chair Hardemon: Is it -- Commissioner Suarez: Can I --? Chair Hardemon: -- quick question before you finish. Commissioner Suarez: Sure. Chair Hardemon: Do other cities outsource their RFP process? Has anyone ever heard of that; outsourcing RFP processes? That would really, you know, take it out of our hands and give it to someone else. It doesn't mean that, you know, when it goes to someone else's hands, it's not going to be subject to someone -- City of Miami Page 80 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Gort: Who is it going to go to? Chair Hardemon: -- tampering with it and making it -- Mr. Alfonso: Yeah. Commissioner Gort: Which hands is it going to go to? Chair Hardemon: I mean, maybe it'll go -- Mr. Rotenberg: The other -- Chair Hardemon: -- to Carlos Migoya. I don't know. Mr. Rotenberg: -- cities that we've -- I've spoken to and I inet with, and we asked questions on don't outsource completely, but they do use brokers, like we're doing in this case. We do rely on a third party for the marketing, for the financial analysis review. I don't know of any city that completely outsources it. Commissioner Suarez: Why are we talking about outsourcing? Mr. Rotenberg: And we have one of the brokers from CBRE (Coldwell Banker Richard Ellis) here I had asked. Chair Hardemon: The only thing, 1 guess, can come close to it is piggybacking, because they've already done it, and then we piggyback; so, essentially, we've outsourced that to them. So maybe it's possible, then, if you can piggyback. Ms. Mendez: Commissioner Suarez, I wanted to clarify, though, if we're removing paragraph 3, then are we -- is your idea that we are replacing that with -- we work with the first -- Commissioner Suarez: Yeah, the normal -- Ms. Mendez: -- you know, highest ranker? Commissioner Suarez: -- our normal process. Ms. Mendez: Right if that doesn't work, we go to the second one? Commissioner Suarez: Yeah. Ms. Mendez.: Okay. Commissioner Suarez: A normal -- the normal process. The process we did last time. Ms. Mendez: So we'll draft that. Commissioner Suarez: Yeah. Ms. Mendez: Thank you. Chair Hardemon: You're recognized, sir. Brian May: Mr. Chairman, Brian May. I'm here representing RCI Group, which did bid in the -- under the last RFP. I just have a question for the record that I City of Miami Page 81 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 would just like to be -- to have clarified, if possible. Just listening to the conversation about the CS land use designation and the requirement that there be no SAP, due to the notion of not wanting, you know, unwarranted uses on the site -- hotel, residential, certain types of retail, so on and so forth -- I just want to be clear that under the CS land use designation that the upland components of the RFP would be allowed -- Commissioner Suarez: Absolutely. Mr. May: -- under a CS land use. Commissioner Suarez: Absolutely. Good question. Mr. May: I'd like that clarified and put on the record, because this issue of the zoning was -- Commissioner Suarez: Absolutely. Mr. May: -- certainly an issue -- Commissioner. Suarez: He's absolutely right. Mr. May: -- that was not clear or clarified in the last round, and this was sort of the essential point. So I just want -- you know, there's a lot of diversion -- opinions on that if you talk to land use attorneys around town, so I'd like to just get that clarified so that -- I think the last thing the Commission would want to do is issue an RFP and then run into some land use or zoning problem later, so. Commissioner Suarez: Agreed. I agree. Chair Hardemon: Will the Administration -- Commissioner Suarez: That's a good question. Chair Hardemon: -- or the City Attorney -- Commissioner Suarez: That's a good question. Chair Hardemon: -- give us an answer on that? Francisco Garcia: Francisco Garcia, Planning & Zoning Director. So, once again -- and this was clearly and thoroughly vetted in the previous process, but certainly, it merits doing it again. All the uses that are requested for and being proposed are allowed -- or allowable in the CS zoning designation, and the PR, -or Parks and Recreation, land use designation that applies to the subject site. Commissioner Suarez: Mr. Chair, may, I ask a question, a_follow up? Chair Hardemon: Of course. Commissioner Suarez: Obviously, we don't know what the proposers are going to propose, right? But having analyzed the three prior -- and you were on the selection committee last time. Having analyzed the three prior proposers' proposals, would those be allowable under a CS? Mr. Garcia: Yes, that's correct. It's never been the case that we anticipated or it'll encourage a zoning change at all. City of Miami Page 82 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Okay. Thank you. I think that's the question, also, that you wanted asked. Richard Perez: Can I ask a specific question? Because I think -- Commissioner Gort: Bring the mike up. Chair Hardemon: If you put your name on the record. Mr. Perez: Richard Perez, for the record, 701 Brickell Avenue, represent Biscayne Bay Partners. The specific question is not so much on the uses. I don't think that that was the concern the last time, because it's very clear that under the CS, restaurants are permitted by warrant, commercial is permitted by exception. It's really unlike, for example, the Group "A" project, where the abutting transect had a very high -- had very high use -- very high intensities. Here, the abutting transect is TI, I believe, which is conservation. And I think the big concern was that -- not so much the uses, but that the building intensities would be at zero, because that -- because the abutting transect is natural TI; conservation and natural, and if you can give us assurances with regards to that, so I think that that is the curdle of the concern. Mr. Garcia: Right. And so this is a sneak preview of the sorts of exchanges that happened as, you know, part of the (UNINTELLIGIBLE) that leads us to -- Commissioner Suarez: Part of the pre -bid conference, they asked the sane questions in the last one. Mr. Garcia: -- and the due diligence that leads up to these processes, but fair enough and worth clarifying, the language that he's making reference to is language that appears in the Use Table in the Zoning Ordinance, Article 4, Table 3, which makes reference to the fact that in CS -zoned land, the intensity anticipated is intensity that is like that of the most restrictive abutting transects. Now it is clearly the case -- so here's where we now engage in a little bit of zoning interpretation, but we've done this previously, and so, suffice it to say that CS is clearly programmed and designed to allow for some reasonable development. So "no development" is not a reasonable interpretation of the rules in CS. What that statement is intended to do is to guide whatever development is allowable, and there, what I've said to everyone who has asked is that we will take heed of the master plan and the kind of development that is envisioned by the master plan to guide us in terms of gauging what the appropriate scale should be for the subject site. So immediately abutting the subject site in the same zoning designation is the Marine Stadium. We've already stated that it should be less in terms of massing and scale than the Marine Stadium; but, again, there are ample references in the master plan that we all agree on that development is contemplated; is, in fact, allowed; and that it should be regulated by the one perhaps key signifier in the zoning designation, which is an amount of gross floor area not to exceed 25 percent of the size of the districts. Commissioner Suarez: May -- can 1 ask a follow-up to that, Mr. Chair? Is there anything we can do legislatively, now that we have -- if we put this out today, or if we authorize the Administration to put it out today, we have 90 days, you know, for people to decide they want to bid, plus, plus, plus; time, time, time, right? So is there anything that we can do or should do going forward to clarify our zoning laws to make sure that we don't run into a downstream problem if someone later says they can't build what it is that they intended to build there? City of Miami Page 83 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Garcia: So let me suggest -- in response to your question, let me suggest two things. First, as you know, the CS zoning designation applies citywide, and it is intended to be somewhat vague, because we know it applies to all sorts of properties citywide; some small, some large, et cetera. And we benefit -- the City benefits front that flexibility, so we can adjust the product to the context, which is something you've heard me say a number of times. Now, if needed as part of this process, an interpretation could be issued; we're certainly happy to do that. It would be on a site -specific basis, but again, we feel very comfortable that the parameters that are set forth in the Zoning Ordinance are clear enough to address whatever questions come from attorneys. We understand and respect the preference of attorneys to be extremely punctilious and precise, but again, the Zoning Ordinance is not intended to have prescribed development plans. for each site; it is intended, instead, to give guidelines, which is what this does. Commissioner Suarez: What I'm getting at is that -- Mr. Garcia: Right. Commissioner Suarez: -- we're embarking on a very nice, big project -- Mr. Garcia: Sure. Commissioner Suarez: -- potentially that is, obviously, hopefully, within the context and the environment, and the scale of the area. I just -- I'm trying to avoid -- Everything I've done in the time that I've spent on working on this has been to by to avoid downstream issues, okay? So I just want to know if there are things that we can do today, tomorrow, you know, within the next couple of weeks -- We have -- if we put this out tomorrow, we've got 90 days. Mr. Garcia: Right. Commissioner Suarez: I'm sorry. Yeah, three -- yeah, we got 90 -- what? -- Yeah, 90 days, right; 30, 60, 90. So, I mean, we have time if there are adjustments that need to be made in the zoning atlas or map or uses, I just want to be clear -- because what I don't want is someone to come back later and be asking us for a bunch of zoning changes. Mr. Garcia: No, I understand that. And so I'll say two more things, and 1 hope this does it. I will say first that I think the City Commission originally and subsequently in a number of instances has provided just such guidance by reminding us all that there is a master plan in place that serves as proper guidance for the development of this land, and we certainly intend to abide by that. And the other fact that I'll remind you of of course, is that any amendment that would attempt to clarify the guidelines in the Zoning Ordinance would require, of course, a public hearing process, which itself would be rather lengthy and possibly contentious. Again, let me just give you all of my assurances that I'm very comfortable -- we're very comfortable that the appropriate legislations exist -- or regulations exist in the Zoning Ordinance, and that we would do well to simply observe those. Commissioner Suarez: Thank you. Mr. Garcia: Thank you. Chair Hardemon: Sir. Mr. May: Mr. Chairman, just want a final comment, and this is -- you know, this is - - really gets to the crux of the issue, right? This is a significant RFP. It's going to be City of Miami Page 84 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 on, you know, very valuable land, and the ultimate, you know, victorious bidder is going to be investing, you know, tens of millions of dollars into the site. And what is concerning is the explanation that was just given is -- it's a matter of interpretation. And typically, the way you deal with those issues and work with them, with all of the relevant restrictions on types of uses, intensity of uses, so on and so forth, is to deal with those things through an SAP. But the transect issue that Richard just put on the record is one that is a -- it's a garage for someone to drive into from another jurisdiction who may want to challenge anything happening at this site, or simply slowing this down. So I just want to put that on the record to say I understand the concerns in other parts of town with regard to SAPs and the concerns that they have caused, but in this instance, it could be something that could be very useful in the context of what we're talking about, right? The Commission -- the Virginia Key Advisory Board has been very clear -- right? -- to everyone involved as to the intensities -- right? -- of any development that takes place on the site. But the issue of whether you can build these things -- right? -- because of this transect issue, this conservation issue, which is right next door, that's a significant issue in terms of building anything in any reasonable time; especially when you have -- right? -- referendum requirements -- right? -- and you have -- build the project requirements under the Charter of the City, right? You have to do it within four years. So I just -- you know, these are -- these -- this is a very, very important issue, and I understand where everybody stands, but we need to be very careful about this, because you could be setting this up for massive and pretty easy challenges to your ability to construct anything on the uplands of any significance. Commissioner Suarez: Mr. Chairman, I'll let him go and then 1'll go. Vice Chair Russell: Thank you. I had similar concerns for reasons -- which I spoke with Francisco at length -- whether or not we needed an SAP on this issue to be able to do what we need to do; weighing that against the perceptions of SAPs right now And my main question to him was, "If we decide not to have an SAP or not allow SAPs, would we still be able to develop under CS, with certain waivers; with, for example, what was proposed in the last round?" And his answer was "Yes." My worry on including an SAP is that it may actually hurt you at referendum. Commissioner Suarez: Absolutely. Vice Chair Russell: Right now, the press is having a good time at really taking a punch at SAPs, even though some very responsible SAPs do exist within our City. Ransom Everglades School, for example, you don't see massing and height and density, and everything like that, but they utilized the SAP method for flexibility within their site. I see the benefit of it, but I also see the benefit of not having it in there from a political perspective, from a -- you know -- from getting this passed at referendum. If there is an SAP attached to it, I think it hurts you. Commissioner- Suarez: Mr. Chair, if I may just chime in on that point? I totally agree with exactly the way he characterized it, which is what I said. If there's any way to modify the CS category between now and the end of this process -- I mean, we have plenty of -- we have months, you know, so if there are ways to modify the CS category to make sure that we don't run into some of these issues, 1 think that may be the solution to the problem. The SAP is just a -- it's a blank check, so, of course, the SAP is a -- you know, it's a blank check, in this case, with a couple of checks and balances that you said. It's the same thing as the up -zoning with a covenant; I'm just telling you. Ms. Mendez: The only thing that I would bring up is I think that when you brought up the legislation with regard to SAPs -- City of Miami Page 85 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Right. Ms. Mendez: -- and the City being a co -applicant, maybe this is a situation where the City may, be the only applicant. Commissioner Suarez: Oh, I -- oh, there's no doubt -- Ms. Mendez: And then -- Commissioner Suarez: -- that the legislation that I brought will not -- Ms. Mendez: -- maybe that'll give you the comfort. Commissioner Suarez: No. Listen. There's no doubt that the legislation that I brought is not affected by -- or does not affect this -- if we were going to do an SAP; nevertheless, I don't -- I go back to what the Vice Chair just said. I have -- I asked the exact same question to Francisco, which is, "Can this project" -- or "can these projects be done under CS zoning?" And his answer was, "Yes." So to the extent that there are interpretational issues that create heartburn with proposers, my -- I would have thought we would have used the seven months that we had, these seven months that we've been dealing with this issue to fix it, but we haven't. So my point is, now that we have four more months left, can we make adjustments to the CS category to minimize or eliminate those interpretational issues so that we have a zoning category that can better reflect what's going to happen here than just an SAP, which is a -- much broader, much more open-ended? Even if we set some limitations on it, it's -- again, it's like up -zoning with a covenant. You know, you're creating some limitations on a very, very broad zoning category, which is why I liked the initial suggestion; that's exactly where I was going. Mr. Garcia: Right. And so, my response to that -- I'll refer to something I said a moment ago -- is I'm comfortable, supremely comfortable that the framework exists presently. The additional tool that we have available to us is, if needed, as needed; although, I would be conservative with this, but we can always issue an interpretation, if or when needed. Chair Hardemon: Sir, I want to recognize you. Mr. Perez: Yeah, sure. Richard Perez again. And I'll just remind everybody that every single major project of this size that the City has moved forward on has resulted in some level of litigation. And so, all our concern here -- Commissioner Suarez: Of course. Mr. Perez: -- is to make sure that these issues are consistent with yours; that they're taken up on -- in the front end, and I think it's a very, very easy jix. All you need to do to the CS is, on that building intensity side, just indicate that unless there is a master plan adopted for an area and the building is consistent with that master plan. If you do that, I think it removes a lot of the concern that I think -- Commissioner Suarez: Because you are creating a different standard. Mr. Perez: -- we mutually share. Commissioner Suarez: You're creating a different standard and a different category that you can refer to, and that's justifiable under the law. And so, it doesn't become an -- a purely interpretational issue. Even if -- I very much trust in our Planning director's interpretational judgment. I think he -- City of Miami Page 86 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Unidentified Speaker: And we do, as well. Commissioner Suarez: Absolutely. I agree with that. Mr. Alfonso: Mr. Chairman, Commissioner, may I? Would -- because that would require an ordinance. Is there someone here who'd like to sponsor that item? Thank you, Commissioner. Commissioner Suarez: You don't have to wait the 60 days; get your legislation. Commissioner Gort: You got it. You got it. Commissioner Suarez: So. Commissioner Gort: Okay, what else? Commissioner Suarez: By the way, that actually dovetails even more cohesively with what we're trying to do here, which is create a development that interacts with the master plan; you're just doing it by tying legislatively the Zoning Code to the master plan. That's a -- it's a set criteria. Thank you. Thank you. I have a couple of other ones. Okay. So another one that I had was -- I had a couple more. On page 11, paragraph "G, " it says, "Subject to the City Code of Miami Code Section 18-95 and 18-107, the City shall have reasonable discretion to deem any proposal nonresponsive and/or non -responsible." Weren't we dealing with the non - responsible issue in a different way? Can you -- Ms. Lorenzo, can you detail --? Remember how we talked about the responsibility issue being front -ended, as well, where the proposers had a right to have their propo -- their qualifications vetted in advance of the -- Thanks. Ms. Lorenzo: So what we've included in -- on page 33, Section "E," the last paragraph, basically, what we've done is allow the proposers -- or the potential proposers the opportunity to submit -- They always have the opportunity to submit the registration form from the very beginning, but now, together with the registration form, they can submit all the documents and the fee required for the background check, and we will begin the background check at that time. So then, at that point, we would be able to provide a preliminary determination as to whether they are responsible. If, for whatever reason, there's information that's revealed at a later date or something happens at a later date that we uncover, then responsibility ultimately will be determined by this Commission. But it provides the proposers with some kind of security in the fact that we've done a preliminary background check, and we found them responsible. Commissioner Suarez: We debated a lot internally, whether we should have -- the City have reasonable discretion on whether they're responsible or not, if you recall, Mr. Manager. I think, to the extent that we can make this as black and white as possible, I think it makes sense to just set the criteria and they -- if they meet the criteria, they're responsible; if they don't meet the criteria, they're not responsible. I don't know if that's the right language or not. We talked about it and we bounced it back and forth. I mean, 1 don't know if that's what -- and again, we don't have the ability to talk about it, so, 1 mean,l -- do you feel comfortable with that or --? Mr. Alfonso: We did discuss it. I mean, we do have a criteria to -- which to look at. There's always going to be some level of discretion, but I think that that's what we talked about. Let them submit their information as soon as possible, and well evaluate them ahead of time, but they have a right to submit their bid at the last minute, and then it's at their risk -- City of Miami Page 87 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Right. Mr. Alfonso: -- if they're found not responsive or responsible. Commissioner Suarez: So they have a benefit, essentially, to submitting it earlier, so that we can do the due diligence earlier, and if we have any issues, we can -- Mr. Alfonso: Correct. Commissioner Suarez: -- address them earlier. Okay. Vice Chair Russell: So no change; leave it as is? Commissioner Suarez: I mean, I -- it's reasonable discretion. When you say, "reasonable discretion," lawyers kind of have heartburn, because it means that someone has to exercise it, which means that someone can challenge it, you know. So it would be better if you just set out what the criteria is for responsibility. You either meet the criteria or you don't meet the criteria, but there's no one that's using their reasonable discretion to determine whether you are responsible or not, so let's just put it out there. Another thing that I have as a -- sort of a discussion point is there -- in page 17 and page 18. On page 17B(i), you talk about -- it talks about maximizing the number of wet slips. And when you talk about "C," which is on page 18, (i), it says, "Maximize the number of dry racks," in the RFP, and we talked a lot about the, fact that -- and you've got plenty of proposers here who can -- you know, the crocodiles are here. They can talk about -- they certainly know a lot more about marinas than I do, but my understanding is that marina rentals are done, not on the number of slips, but on the linear foot. So we're -- we are -- we're saying here, we want you to maximize the number of wet slips and maximize the number of dry racks, and yet, that may not be what's in the best interest of either the City, from a revenue perspective, or it may not be in conformity with the master plan. So my question is, is that the right verbiage, or should we change that to something else, which maybe sends a better signal to the proposers? Something we debated internally, too. Ms. Lorenzo: So some of the arguments that were -- or some of the points made on our side were that this is -- all of these requirements are subject to the other requirements of the RFP, so subject to the master plan, which is going to be part of the ultimate selection process, and subject to all the other requirements, such as, you know, environmental considerations and all that. Additionally, what we've included is that they consider market demand and revenue generation. So the size of the slip or the dry storage would consider the -- what the demand is in the market, and I -- my understanding of the market at this point is that the smaller boats would be in the dry and the larger boats would be in the wet slips. Commissioner- Suarez: Mr. Chair, if fI may? Chair Hardemon: Of course. Commissioner Suarez: So if you look at number 3, it says here, "The successful proposer shall include the improvements as specified below." Then it says, on the top of page 17, Section "A" through "J," okay, which that's Section "B" and that's Section "C, " so, "Section 'A' through 'J' below are mandatory requirements. Failure to incorporate any of these mandatory, requirements in the manner specified herein shall result in disqualification of the subject proposal as nonresponsive." So, again, what worries me is that we're saying as a mandatory requirement that the proposers have to maximize the number of wet slips, have to maximize the number of dry slips. You get what I'm saying? City of Miami Page 88 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: Yes. Commissioner Suarez: And so -- and if they don't do that, by the way, they're nonresponsive. So is somebody going to come back now later on and say, "Well, that's not the best proposal. The best proposal is you maximize the linear feet and you maximize the revenue that can be generated from -- per linear foot," and so the - - in other words, we're telling them what they have to do in terms of number of slips, and I don't know that that's the commercially -- go ahead. Sony. Vice Chair Russell: Thank you. I -- there -- The qualifying phrase, which was mentioned, though, it says, "Maximize the number of slips in light of market demand and revenue." So considering those other two factors, it doesn't necessarily mean "just get as many as you can possibly put in there," because if demand and revenue lean more toward a slightly less number of slips that -- it would be acceptable and still be responsive. For me, personally, maximizing the number of slips implies that you will be inviting smaller boats, which that was one of the concerns. Is this going to become a mega yacht marina, for example? We know it won't, but are we encouraging smaller boat storage, which would be more for the residents of the area? And that seems like to be a 'yes." Commissioner Suarez: So you think the second part, the qualification on the second part of the sentence -- Vice Chair Russell: Means they're not simply going to pack it like a sardine can. Commissioner Suarez: Okay. Vice Chair Russell: They're going to do it in light of mar -- I mean -- Commissioner Suarez: Good with that? Ms. Lorenzo: Mm-hmm. Commissioner Suarez: Okay. You're good with that? Vice Chair Russell: I am. Commissioner Suarez: Okay. Commissioner Gort: According to designation, also. Commissioner Suarez: So let's -- I just want to be clear, then, for the public and for the -- fbr -- I was going to say, 'for the press," but I'm not going to -- we're having enough fun here without making this more fun. But for the proposers, that this means not necessarily maximizing the number of slips, per se, but maximizing them based on market demand and other -- and revenue generation RFP requirements, so that could mean more smaller slips; it could mean slightly less larger slips, depending on -- that could also mean a variation in the wet versus dry, because the wet slips may be slightly larger; the dry slips may be slightly smaller. Vice Chair Russell: Yes. Commissioner Suarez: Cool. I think I'm done -- almost done, guys. Last one is -- this is one that we debated, also, internally, and I don't know how we're going to deal with it here, but hopefully, we'll be able to deal with it satisfactorily, which is City of Miami Page 89 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 the base minimum rent. You know, we increased the base minimum rent -- remember, we talked about this? 1 know. Go ahead. Mr. Alfonso: Can we stipulate we'll go back to the original minimum rate and move on? Vice Chair Russell: No. I'd like to have the discussion. Mr. Alfonso: All right. Okay. Good. Commissioner Suarez: So here's my issue: Again, I don't want this deal to be re - traded; that's a concern that I have. Right? In other words, somebody wins the bid, and then, you know, does the deal, and then later on, they come back and say, "Oh, it's too expensive, we can't do it. Our returns on investments don't work, you know. Our numbers don't work. The market has plummeted." Okay? So I just wanted to know -- and I never really got any comfort as to where these numbers came from; in other words, what was --? That's why I brought it up in the context of your ordinance, Commissioner, because I never got any -- other than being told, "Well, the bid" -- "the winning bidder in the last round had proposed a 2.35, and then when we took out the wet slips, they were willing to stick with that number." And so, I mean, I think that's great, but I don't want a situation where somebody comes back later and says, "This number is too aggressive. We need to reduce this number." So I ju,st wanted some sort of'jinancial analysis as to how we came to that number, one way or the other. Ms. Lorenzo: So the original number of the 2-1-5, that came from two appraisals that we had procured early in the process, before we even issued the original RFP. That didn't consider -- that considered what -- an idea we had. We didn't have the details of what the project would have, because we do provide some flexibility as to what the project will entail. So we won't know the actual figure until after we've received the proposals and obtained the appraisals at that point. But the number -- the original number was considering the -- an idea of what the project may look like, and not considering all the improvements that will be made and have been made to the Marine Stadium. So we believe that the value of the increased interest in the area would also increase the value of the slips -- of the marina itself. Commissioner Suarez: So all that makes sense. I mean, that's all logical. I just -- I'm going to borrow from his idea, from earlier today. I would like the -- our Independent Auditor to look at that number, whatever it is, and you can feed into the machine whatever assumptions you want to feed into it in terms of your prior appraisers and all that stuff, and then I'd like a report, even if you issue it, because that's an easy thing to change if you have to change it, but I'd like a report in the next Commission meeting from the Independent Auditor. He can look at whatever else, Commissioner, you want him to look at, but, certainly, on the base minimum rent and all these other rent calculations, it would be good if he looked at it and gave us a report in conjunction with the appraisals that you've issued; the limitations that we've set, because we've set some significant limitations; and also include the improvements that we've made to the property that's adjacent to it, which are the ones that you just described. Ms. Lorenzo: Right. Commissioner Suarez: Okay? Ms. Lorenzo: That's lane. Commissioner Suarez: I'm good; looking good. Anybody else want to jump in? City of Miami Page 90 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Mr, Chairman. Chair Hardemon: You're recognized. Commissioner Caroiio: Thank you, Mr. Chairman. And Commissioner Suarez, as I said earlier today, even though I may agree with what you had said, I didn't want to bring it up because we were having this -- Commissioner Suarez: Until this one. Commissioner Carollo: -- yeah, because we were having this discussion. I didn't want to make it about this RFP, you know. I thought it could stand on its own. Commissioner Suarez: This is a very -- Commissioner Carollo: But, yes, this is a perfect example -- Commissioner Suarez: -- this is the one. Commissioner. Carollo: -- where you would want -- and at the very least, ask, "Hey, are these numbers" -- "do you feel they're reasonable?" you know, at the very least, so. But with that said, there's something else that I want to bring up; something that we hear about all the time, and it's jobs, job -- something that we hear about, and it's jobs, jobs, jobs, so 1 want to talk about jobs, jobs, jobs within this RFP, because I'm not seeing it. I'm not seeing any local workforce participation, and I think that's extremely important, to make sure that our residents in the City of Miami -- especially City of Miami -owned land, City of Miami projects are involved in the process, so I want to make sure that we have a local workforce participation requirement established in the RFP, so it's not foreign to anybody; there's no surprises. I believe, according to our Code, we should have -- construction costs over $4 million, it should be a minimum of 40 percent local workforce from the City of Miami, so I want to make sure that is added in there; and also, "That the respondent shall have a third party independently verify and certifY compliance with these requirements on a monthly basis; said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Florida Statute Chapter 454, 471, 473, or 481. The person performing the verification shall have a minimum of two years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll enforcement or investigative environment. The cost for this verification and certification shall be included in the related contract costs." Ms. Lorenzo: I'd like to note that the selection criteria, one of them is the -- let me see what the exact language is -- participation of firms and contractors that maintain a local office, and part of that consideration is that they have committed to hire a majority of City residents and/or City contractors. That's part -- that's something that is considered in the evaluation criteria, so I just wanted to put that out there, so. Commissioner Carollo: Okay. So could you read the language again? Ms. Lorenzo: Sure. So -- Commissioner Carollo: And where is that? Because it was -- it's not in the RFP. Ms. Lorenzo: Okay. So what -- we sent to each of the Commissioners the drafts of the attachments and the appendices. Appendix 11 has a very -- City of Miami Page 91 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Is that in our backup? Hold on. Ms. Lorenzo: It has a very thorough -- Commissioner Carollo: Can you give me the page? Ms. Lorenzo: Sure. It's page 7. Commissioner Carollo: Of the attachment? Ms. Lorenzo: Of the attachment; Appendix 11. Commissioner Carollo: Has anybody else found it? I haven't -- Vice Chair Russell: Not yet. It's not in the -- it's in the -- it's an appendix within the RFP? Commissioner Suarez: Maybe it's in the lease. Ms. Lorenzo: No. It's -- it was provided since -- Commissioner Carollo: It's not in -- I don't see it in our backup. Ms. Lorenzo: I'm not sure if it was provided as part of the agenda packet. It was sent by email to each of the Commissioners. We didn't want to provide it to like -- we didn't want to make it part of the packet, because of the fact that it wasn't completed. We need -- we still need legal approval and review of the language. Commissioner Carollo: Well, when are we going to get that? If we're approving the RFP, I mean, you know, I want to know what I'm, voting on, and I want to make sure that there's no ambiguities in the future, so, you know -- Commissioner Gort: Hang in there. Commissioner Suarez: Yeah, that's true. Commissioner Carollo: -- and I want to make sure that there is someone, you know, following up and verifying that this is being met, and not paid by the City. Ms. Lorenzo: We currently don't have language as to the -- as to a third party verifying, but we can -- Commissioner Carollo: And exactly -- that's exactly why I'm putting it on the record. Ms. Lorenzo: Right. We can include that. Commissioner Carollo: That's exactly why I'm putting it on the record, because I want to make -- because is jobs, jobs, jobs important or not? Ms. Lorenzo: Right. Mr. Rotenberg: We'll include it in; just -- this is the -- a resolution to actually put this out first, so -- Commissioner Carollo: But I want to make -- City of Miami Page 92 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Rotenberg: -- whatever we have, well put that in. Commissioner Carollo: -- sure that it's part of it, because 1 think it's important, and I don't want any surprises to anybody. I want to make sure that they know our expectations. Vice Chair Russell: Commissioner Carollo, would you like to amend the RFP to include it? Commissioner Carollo: Please. Vice Chair Russell: Where would that go? Where would be a suitable location to add it into the RFP? Ms. Lorenzo: I have the perfect location. Commissioner Carollo: Local workforce participation; and with the language that 1 -- that is stipulated and then someone that -- the verifier. Mr. Alfonso: Commissioner, just real quick. The Code of the City requires a quarterly reporting. You're asking fbr a monthly reporting. Commissioner Carollo: Well, listen, I'm open to it. Now, I tell you, in some CIP (Capital Improvements Program) projects, it's been monthly. So, you know, you could put monthly or -- you know what? Within the next 90 days -- Mr. Alfonso: Quarterly. Commissioner Carollo: -- we can figure it out. Unidentified Speaker: Put "quarterly." Commissioner Carollo: We can figure it out. Mr. Alfonso: Okay. Ms. Mendez: But as Commissioner -- Commissioner Carollo: My -- Ms. Mendez: -- Carollo is requesting -- Commissioner Carollo: Mr. Manager? Ms. Mendez: Mr. Manager. Commissioner Carollo: The only issue I see with quarterly is, you know, that for three months -- and you can't just say three months, because, you know, they need some time to do the research and make sure -- the analysis -- make sure that they're complying. You know, if they're not complying with our local workforce, you know, you got three or four months out that, you know, we don't know about, so that's why 1 would like to do the monthly -- Commissioner Suarez: Leave it monthly. Commissioner Carollo: -- like the -- like it's done in other CIP projects. City of Miami Page 93 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Alfonso: I'm just trying to -- Commissioner Carollo: Understood. Mr. Alfonso: -- get a little more time, because it is a very large project and -- but if the Commission desires monthly, then we can do monthly. Commissioner Carollo: And by the way, it's not extra work on the City. Well -- Mr. Alfonso: No, I understand. Commissioner Carollo: -- let me rephrase that. It is some extra work on the City, because they need to present, you know, the certification to the City to make sure, but someone else will be doing the work, verifying that each of their employees, or the majority, the 40 percent of them are City employees -- I'm sorry -- City residents. So, yes, if that can be an amendment, I think we both are in agreement to it. Vice Chair Russell: Monthly or quarterly? Mr. Alfonso: Commissioner -- Commissioner- Carollo: Let's do monthly for right now, and from now -- Mr. Alfonso: --1 also want to clarify. The Code is 40 percent "County" residents. Commissioner Carollo: Can we do City? Mr. Alfonso: If we do City -- I mean, I'm not an expert in construction, but it might be difficult to get 40 percent of everybody working on that site from the City of Miami. I don't know. Vice Chair Russell: Well, that would be first goal, and if we can't get them at City, then we go to County. Commissioner Carollo: If it's 40 -- okay. So let me yield to you, Mr. Manager, or our Procurement director. If 40 percent is County, what is City? Annie Perez: Good afternoon, Commissioners. Annie Perez, director of Procurement. If you recall, I believe it was in 2015, we brought changes to the Local Workforce Ordinance, and one of the changes -- one of the amendments that was made on the floor was to change it from City to County, and it was made by the Commission, so. Commissioner. Carollo: Well -- Right, right, right, but you're saying there's no City requirement? Ms. Perez: No. It was open -- they took "City" out and it's "County." Commissioner Carollo: Well, can we take "County" out and put "CitJ Vice Chair Russell: It's our RFP; why not? Commissioner Carollo: Yes, absolutely. Vice Chair Russell: And if we can't meet the required -- Ms. Perez: If you can -- „2 City of Miami Page 94 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: -- workforce, then we go to the County. Ms. Perez: County. You could do that. Vice Chair Russell: Thank you. Ms. Perez: City preference, and then if they can't meet the City, it can go to County. Commissioner Suarez: Mr. Chairman. Commissioner Carollo: Or minimum of 25 City and 40 County? Vice Chair Russell: I think it's simpler to -- Commissioner Suarez: But wait. I think the way we've done it in our CRA (Community Redevelopment Agency) deals -- correct me if I'm wrong -- is we -- you know, you can put a threshold, like 40 percent City, and they have to use their best efforts to reach that 40 percent threshold; and if they can't, then they can go to County, 40 percent County. And I think that's the way we've done it and -- go ahead. Chair Hardemon: We do a little bit more. I think -- Commissioner Suarez: No, I'm not saying is that's the number, but that's -- Chair Hardemon: No, what I mean is that -- not the number. What I'rn saying is that, as far as the efforts, we don't use the best efforts, because we provide a mechanism in which, if they don't meet the number, then there's -- Commissioner Suarez: They pay a penalty. Chair Hardemon: -- some sort of punishment, right; that's what gives it teeth. So that's what ensures that they attempt to try to meet those numbers. It doesn't matter if you say "City" or "County" in this situation, because there's no punishing mechanism. So they'll say, "We were able to do it, or "We were not able to do it, so we moved to the County." So us having a debate about whether or not it's City 40 percent or County 40 percent, it means nothing, ultimately, to the developer, because the developer doesn't have to meet that number. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: With that -- so your point is well taken. Okay, so what should be the penalty then? And I stress again, you know, I obviously want the County -- to have County participation, hut I'in more focused on City residents, so I want to make sure that we have a City component and then fall hack to -- on the County. But I want to make sure that there's a City component, even if it's 25 percent City residents. 1 think, on a million -dollar project, we could definitely get, you know, 25 percent City residents involved. Ms. Mendez: Commissioner Carollo, I just wanted to make sure everybody understand that this is per the RFP, and any amendments in the RFP. We really don't have anything in the Code that mandates this particular situation that we're trying to put in the RFP right now, and this would have to do as to responsibility, because there's -- City of Miami Page 95 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Well, I have here from our Code that, yes, we do have some of this language there already, and 1 think that's what Ms. Perez was alluding to, or stating. So it's actually in there, but it's not in our RFP, so 1 want to make sure there's no surprises for anybody here, and they understand that this is what's expected. Ms. Mendez: Definitely, per the RFP, we can make this as an expectation in -- unfortunately, this isn't a City construction project, per se, which is what is mandated under the Code. We're talcing the wording in the Code -- Commissioner Carollo: We're taking -- Ms. Mendez: -- and implementing it into this RFP. Commissioner Carollo: Understood. Ms. Mendez: Okay. Commissioner Carollo: But you have to understand, this is City -owned land. So I believe that, yes, if we're going forward with this RFP, you know, on City -owned land, then I think that the City residents should have, you know, more of a stake. And, you know, we always mention jobs, jobs, jobs, but realistically, let's not just say it; let's actually act on it. So -- Ms. Mendez: Agreed. Commissioner Carollo: -- that's where I think, at the very, minimum, it should be 25 percent City residents; then maybe do 40 percent County. So, you know, within those 40, we should have 25 City residents. And by the way, I think that's what was done in Marlins Stadium. Just -- and I'm going on memory. And then, like the Chairman said, I think there needs to be a penalty component in order to make sure that we keep everyone honest. Chair Hardemon: Are we discussing -- are we -- do we mean this in the term of work hours or do we mean it in the tern of the number of bodies that are employed? Is there going to be a component as to the length of time they're required to work? So is it a hire and fire, or is it three months, six months, duration of the job? I mean, these kind of things will complicate it a little bit, but if you're trying to get to the meat of where Commissioner Carollo's going, I think they're things that you must address. Commissioner Gort: We also have minimum wage compliance in this one. Commissioner Carollo: Yes. Well, that's in there already. And Mr. Chairman, I think it actually should be personnel, so not necessarily hours, but personnel, and even their subs. I mean, overall, out of the overall construction, it should he consistently 25 percent City residents, and that's why I said on a monthly basis, they should he checked. Ms. Lorenzo: So I just wanted to kind of make a suggestion. This is a very -- it requires a lot of detail and a lot of consideration for exactly how it would be monitored and what penalties and everything. We do still have to get to the lease and bring that back to this Commission. So if may -- perhaps, we can include a general requirement here and then provide all that detail upon bringing the lease to you all for your approval. City of Miami Page 96 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: When you say, "bring a lease to us for approval," that means that you'll have a recommended person that you bring to us with? Ms. Lorenzo: The -- Chair Hardemon: And then I'm assuming then we will try to negotiate these terms with that person, so it's kind of back to that best and final thing, because they have a right to reject it, I'm assuming -- Ms. Lorenzo: Right. Chair Hardemon: -- or accept it or amend it, modify, and that's what well do here at this level instead of you doing it as staff? Ms. Lorenzo: Well, to a certain extent. What we would try and do -- Chair Hardemon: And do you think that those types of changes would be substantive enough that it would change, really, what this -- what they bid on? For instance, I'm assuming, you know, you provide penalties so much so that someone would want not to pay the penalty but to actually achieve the goal, because if the penalties are small or miniscule, then -- Commissioner Gort: They pay the penalty. Chair Hardemon: -- they pay the penalty. So I'm assuming Commissioner Carollo wants people to meet the obligations. So now, if you say, "Hey, look, there's going to be a penalty," and then they win the bid and they get before us, and they say, "Hey, okay, now we're dealing with the business. Let's start talking about this whole penalty stuff. The penalty that you're proposing is severe, and if we don't meet this goal, then we're going to have to" -- "we have to pay out much more than what we thought. Our financial -- or our financiers behind this whole thing don't think that this viable, considering the type of penalties that you have, and that the City of Miami only has 550,000 residents. Many of them have employment elsewhere. Some of them don't have employment at all nor not" -- "are not employable, and they're not between the age or skill to take these jobs. So, ultimately, we can't meet that number." What do we do at that point? Ms. Lorenzo: It depends on at what point this is happening. If they're -- before they sign the lease, if they say, "This is objectionable. We can't meet this criteria that you're asking for," then we would say, "Okay. Well, then negotiations can't continue, " and we move on to the -- whoever was the second -ranked bidder. Chair Hardemon: I'm assuming that that probably won't happen, because, I mean, we've already gone through this issue once before; this is our second time at it. So I'm just trying to put this all out front, because, you know, this is the business of the terms. I remember Commissioner Carollo earlier -- not Carollo -- Suarez earlier said that, you know, you want to take the -- I can't remember how he put it, so I won't attribute it to him, but basically, it was taking the politics out of it. But, certainly, if this thing -- if someone wins a deal here and they have to come back to negotiate these terms -- Commissioner Suarez: Yeah. The less -- Chair Hardemon: -- politics is -- you've opened the door to it. Commissioner Suarez: Mr. Chair. City of Miami Page 97 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Mr. Chairman, what do you recommend for clarity? Chair Hardemon: No, I just want to bring about lively discussion for all of us to consider -- Commissioner Suarez: No, but I'm -- I agree with what you're saying, the genesis to what you're saying -- Chair Hardemon: Yes. Commissioner Suarez: -- which is, "I would rather deal with this now" -- Commissioner Carollo: Yes. Commissioner Suarez: -- "and just deal with it than have it be a subject of a later negotiation." I think -- Commissioner Carollo: Yes. Commissioner Suarez: -- that's the smart way to do it. Commissioner Carollo: Right. So that's why I'm saying, Mr. Chairman, what do you recommend? What do you think would be the right amount; or the Administration, what should be the right amount of penalty that would entice the respondent to actually achieve the goals? Vice Chair Russell: I'd defer to the Administration, who has probably dealt with this Commissioner Carollo: Do you defer to the Auditor General? Commissioner Suarez: He's not here, man. If he was here, it would be helpful. Commissioner Carollo: I know. Ms. Lorenzo: I just wanted to -- while we're considering, I just wanted to add the -- Vice Chair Russell: Pm -- the mover is certainly willing to accept the amendment, and 1 do agree that a penalty should be in place. I don't know -- if that needs to be stipulated right now, let's do it. Commissioner Carollo: I -- yeah. I don't know if we put a placeholder until we come up with the actual amount, and maybe speak to, you know, the Auditor General; maybe speak to -- you know -- or our financial team. I'm not sure. But the bottom line is, you know, I think this is something we should have. I agree with the Chairman, and, you know, maybe we put a placeholder amount until -- Commissioner Suarez: Can I make a -- maybe a suggestion. I don't know if it makes it easier, but why don't we do it in proportion to the size of the development, based on what the penalty was in the CRA (Community Redevelopment Agency) for the size of that development. Do you get what I'm saying? So we gave a penalty at a certain level, based on the size of that development, to make sure that it hurt enough for them not to breach -- Vice Chair Russell: Sure. City of Miami Page 98 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: -- the agreement. So we already went through the thought process there, so if we just scale it to this development, which is, 1 think, smaller but still -- Commissioner Carollo: Yeah. Commissioner Suarez: -- and maybe we'll just do it that way. Commissioner Carollo: I'm open to it. Again, I just want to make sure that we take local workforce into consideration. Vice Chair Russell: Yes. Commissioner Suarez: Okay, we're good. We're good. Mr. Chair, you want her to read out the amendment so we can decide if we're ready to go? Chair Hardemon: That's fine. Commissioner Carollo: I think -- Ms. Mendez: Could I ask the -- Commissioner Carollo: -- we agreed to all the amendments. Commissioner Suarez: Yeah, I know. I'm just saying, 1 -- does she want to read them out? Don't you want her to read them out again or you want to just go vote? Vice Chair Russell: I'd go back and look at the tape. Commissioner Suarez: Or do you want to just vote? I'm fine either way. Ms. Mendez: Can I ask a clar fling question on the 25 percent, 40 percent, Commissioner Carollo? Is that 25 percent -- Commissioner Carollo: City. Ms. Mendez: -- City, but out of what percentage? Commissioner Carollo: Total. Ms. Mendez: Total? Commissioner Carollo: Total. Ms. Mendez: Okay. So 25 percent in the City; 40 percent after the 25 in the County. What -- then clarify -- Ms. Lorenzo: Just -- my understanding was that it would he 40 percent of the County; 25 percent of which -- or 25 percent of that would be the -- Commissioner Carollo: City. Ms. Lorenzo: -- City, right. Commissioner Carollo: Yes. Ms. Mendez: Thank you. City of Miami Page 99 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Call the question, 1 guess. Commissioner Suarez: Let's go. Commissioner Gort: You got it? Ms. Mendez: Well, were we going to go --? I just want to make sure we have all your points. Commissioner Carollo: Okay. Ms. Mendez: Can we go briefly through your --? Commissioner Carollo: We're waiting on someone. Ms. Mendez: Okay. Commissioner Carollo: Because we're hearing crickets. Commissioner Suarez: (UNINTELLIGIBLE). As amended. Ms. Mendez: No, no, as -- no. This is not going to be everybody get their own interpretation later. No. I think you have some, 1 have some, so you start and then -- Commissioner Suarez: I think it's wise for you to review them. Commissioner Gort: Let's just get them all. Ms. Mendez: That's why -- I just want to make sure we get what you want. Commissioner Suarez: I think it's wise. Go ahead. Ms. Lorenzo: So I have as a first point that the parking language will be revised, per MPA's requested language, subject to revision, you know, to make it cleaner, but basically, that idea, which includes the City owning the garage, and that the developer potentially could use the Rusty Pelican funds if they will be constructing the garage. Is that too confusing? Commissioner Suarez: No, no. Ms. Lorenzo: Okay. Ms. Mendez: That was really clear on the record, that one -- Commissioner Suarez: You're good. Ms. Mendez: -- as long as we have that concept, that's fine. Ms. Lorenzo: Okay. Commissioner Suarez: You got that one (UNINTELLIGIBLE). Vice Chair Russell: Two options. Ms. Mendez: And we were scratching out the third option. City of Miami Page 100 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Lorenzo: Yes. Ms. Mendez: That was all very clear. Ms. Lorenzo: Okay, got it. Commissioner Suarez: Correct, correct. Go, continue. Ms. Mendez: Next. Ms. Lorenzo: I also have adding the Miami 21 public boat ramp specifications to that portion of the RFP. Commissioner Suarez: Yes. Ms. Lorenzo: Zoning must remain CS; no SAP. Commissioner Suarez: Yes. Commissioner Gort: Right. Ms. Lorenzo: The judging criteria to the section, "Commitment to Environmental Protection," we are adding, "And history of environmental stewardship." Vice Chair Russell: Yes. Ms. Lorenzo: Additionally, we will have at least five of the seven members coming from the following categories: A Virginia Key Advisory Board member; a marinas manager or Marina Depart -- Division member; a Procurement Department member; an environmental expert member, a Planning & Zoning representative member; and the last two, at the City Manager's discretion. Vice Chair Russell: Point of clarification. Ms. Lorenzo: Yes. Vice Chair Russell: The Virginia Key Advisory Board member, as put forth by the board itself. Commissioner Suarez: Are we finally good with that? Vice Chair Russell: That's where I thought we left it. My question was to the City Attorney, whether that was okay. Ms. Mendez: We'll just make sure that when they're chosen, as you said, they don't have a conflict, like a business owner on the island or -- Vice Chair Russell: Exactly. Commissioner Suarez: Wait, wait, wait. Ms. Mendez: That was my concern. Commissioner Suarez: Wait. But that's going to happen anyways with this process. Vice Chair Russell: Yes. City of Miami Page 101 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: No, no. The Virginia -- So, for instance, in the Virginia Key Advisory Board, there are members on that board that have a pecuniary interest -- Commissioner Suarez: I understand. Ms. Mendez: -- in that island. Commissioner Suarez: But if they get put on this committee -- right? -- there is a process by which they can be disqualified. Ms. Mendez: I know, but I guess I wanted it -- Commissioner Suarez: Of course, you want to avoid that. Ms. Mendez: Okay. Commissioner Suarez: You want to avoid that completely. Ms. Mendez: Thank you. Commissioner- Suarez: Right. Ms. Lorenzo: Okay. So we all -- so -- Commissioner Suarez: Well, wait, wait, can -- slow down. I think he has a legitimate question. His legitimate question is, is he finally choosing that -- ratifying that person, or is he not ratifying that person? In other words, if the Virginia Key Advisory Board says, "This is the person," then he has to ratify that person? Ms. Mendez: When you say, "he, " you say, "he," the Manager? Commissioner Suarez: Yeah. I mean -- Ms. Mendez: Okay. Commissioner Suarez: -- yeah, that's what I'm pointing -- Vice Chair Russell: Yes. Ms. Mendez: Right. Commissioner Suarez: -- that's what the Code -- Ms. Mendez: So he has to be comfortable with that. Commissioner Suarez: -- requires. Vice Chair Russell: Right. Commissioner Suarez: He's the one appointing. Ms. Mendez: The appointment. Commissioner Suarez: So I suspect the way to do this properly would be for the Virginia Key Oversight Board to recommend someone, and he ratify them or not ratify them. City of Miami Page 102 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: Correct. Commissioner Carollo: Yes. Ms. Mendez: Are you comfortable with that? Mr. Alfonso: If I have the option not to ratify that person and pick another one, I guess, yes. What you're saying, I have the right to rates that person or not -- Commissioner Suarez: Yeah. Mr. Alfonso: -- ratify the person. So, in effect, then I can make a selection from the Virginia Key Advisory Board. Commissioner Suarez: It's -- no. It's different. They're going to give you a choice. You say "yea" or "nay." Mr. Alfonso: Okay. Commissioner Suarez: It's different than you choosing the person. Commissioner- Carollo: Right. Mr. Alfonso: Right. 1 understand. So what happens ill say "nay"? Commissioner Suarez: Then they choose another person. Mr. Alfonso: Okay. Commissioner Gort: They choose another one. Commissioner Suarez: And then you got to say, 'yea" or "nay." Commissioner Gort: Just like you did with the DDA (Downtown Development Authority) (UNINTELLIGIBLE). Commissioner Suarez: But I hope you have a reason to say, "nay, " because we're giving then a lot of deference in choosing the person. Mr. Alfonso: Okay. Commissioner Suarez: Like a conflict or some other, you know, thing. Vice Chair Russell: So conflict was the next thing, right? Ms. Lorenzo: Actually, I have -- well, yes, we have -- this isn't necessarily -- I don't know if you want this to be included in the RFP itself hut my, understanding was that you wanted a -- the committee members to basically ratify that they have no conflict of interest and have that form, so that's something that we can include in the RFP itself, if that was what was recommended, but typically, that's something that we just -- it's part of a form that we give to the members. Commissioner Suarez: No, no, no. Come on, guys. Really? Mr. Alfonso: Commissioner, the people that are being selected for the committee are not parties to the RFP; they're the selection committee. If you want us to have those people certify they have no conflict, then we can do that. City of Miami Page 103 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Oh, I have -- yeah, yeah. No, no, 1 agree with that. I'm sorry. 1 may -- maybe 1 misunderstood. I want the members themselves to ratify or to state that they don't have a conflict. Mr. Alfonso: Correct. Commissioner Suarez: But we're -- I mean, I'm, not going to just take their word for it. You know, we're doing our due diligence, right? And the ones who will potentially sue us are doing their due diligence, also, and they have a time period where they -- okay. So we're on the same page. My apologies. Mr. Alfonso: Two separate issues, yes. Commissioner Suarez: Sorry, sorry, my bad; a little jumpy, too much coffee. Ms. Lorenzo: Okay. So if we want to continue in that -- well, let me just get to the -- Okay. So the next point is that the earnest money deposit will be revised to 7 million. Commissioner Suarez: Yes. Vice Chair Russell: Selection committee was one -- there was one other amendment that DREAM not be a member of the -- Ms. Lorenzo: Right; my apologies. Yes. Commissioner Suarez: Correct. Commissioner Carollo: Mr. Chairman, I'm sorry. Same topic; the -- a sense of financial knowledge or CPA on the selection committee. I think -- I didn't hear that being said. So -- Vice Chair Russell: That one member have financial knowledge. Commissioner Carollo: Extensive financial knowledge or a CPA. Commissioner Suarez: That's fine, but I know what he's going to say. So you -- okay. So that would be one of your two discretionary picks. Mr. Alfonso: I'm fine. 1 don't -- we'll -- Commissioner Suarez: Okay. Mr. Alfonso: There'll be more than one person that has financial knowledge, I assure you. Commissioner Suarez: Okay. Mr. Alfonso: Commissioner, you said nobody from DREAM, but our marina managers are in DREAM. So I'm assuming nobody from DREAM, but a marina manager that is in DREAM -- or 1 can pick a marina manager from another place, which I do know people from other places. Vice Chair Russell: Right. I -- the criteria said someone with marina management experience, so at your -- City of Miami Page 104 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: Yeah, but he also said no one from DREAM. So what he's trying to say is that could be a person with marina (UNINTELLIGIBLE), but not from DREAM. Vice Chair Russell: Correct. Mr. Alfonso: Okay. Commissioner Suarez: It's a good clarification. Ms. Lorenzo: Okay. So we've removed also the best and final offer and short list process. Additionally, we are requesting a report from the Independent Auditor General on the base rent and percentage rent, as well as the other financial figures, and requesting that he provide that report to the Commission at the next meeting, in light of the mar -- in light of all the improvements to the area, the appraisals, and all that other information. Then we also have the language -- and I believe the Commissioner specified with greater detail, but in short, 40 percent of the workforce for the project will be from the County; 25 percent of which will be City. A third party will certify compliance with the workforce, with at least two years' experience in auditing or similar experience, and that will be checked -- I have "monthly'," and then there will be a penalty, with an undetermined amount at this point. Commissioner Suarez: But with a -- go ahead. Ms. Lorenzo: I'm sorry. Commissioner Carollo: And -- here, I'll give you the language. "Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Florida Chapters 454, 471, 473, or 481. The person performing the verification shall have a minimum of two years of prior professional experience in contracts compliance, auditing, personnel administration or field experience in payroll enforcement or investigative environment. The cost for this verification certification shall be included in the related contract cost." So, in other words, this will be beared [sic] by the respondent, the cost. Commissioner Suarez: Continue. Commissioner Gort: Right. Commissioner Suarez: Continue. Ms. Lorenzo: Okay. We also have that the committee members must be free of conflict or bias; that submittal of a proposal is confirmation of each proposer's acknowledgement of the committee members, and acceptance of those members; that we will have no less than five, no more than seven members. Commissioner Suarez: By the way, we can't do "no less than _five, no more than seven," because -- unless one of the five members has the financial experience to meet his criteria, because you have five categories, so one of the five then would have to meet -- Mr. Alfonso: There could be somebody, who is both financial and some other type of experience. Commissioner Suarez: Okay, I'm just telling you. I'm just -- just be mindful of that. Be mindful of that. Go ahead. City of Miami Page 105 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Lorenzo: Also, the City Manager would commit to using best efforts to make the list of the selection committee member appointments within 30 days of publishment [sic] of the RFP -- of publication. I'm sorry. Commissioner Carollo: Can I just go back real quick? I know the Manager just said, "with financial knowledge," but I want to make sure; extensive financial knowledge, you know. I -- and I don't want to define it to a "T, " but you understand what I'm saying. Mr. Alfonso: I understand, sir. I'm not going to -- Commissioner Carollo: Yeah. Mr. Alfonso: -- get somebody who graduated from college last week, with a degree in accounting. Commissioner Carollo: Under -- okay, understood. Commissioner Suarez: Ooh, accounting. Chair Hardemon: But if they -- Mr. Alfonso: Maybe three weeks. Chair Hardemon: -- passed the CPA exam, I mean, they got the same -- Commissioner Suarez: Okay, go ahead guys. Go ahead, keep going. You're on a roll. Keep going. Ms. Lorenzo: I think that that's -- Commissioner Suarez: Okay. I have a couple of them that I just want to make sure that we articulate. Ms. Lorenzo: Okay. Commissioner Suarez: I will be sponsoring a ordinance, which the Planning director will draft, that will add to the category of CS that, "The corresponding transect for purposes of building specifications will be based on a master plan." Correct? Sound good? So that ties the master plan to the CS zoning category in terms of building specifications. Does that sound good? Everyone is good with that? Everyone good with that? Commissioner- Gort: Yeah. Vice Chair Russell: Yes. Commissioner Suarez: The last thing is, I would just -- I would ask you to consider on responsibility, not on responsiveness, because I think you need to have discretion on responsiveness, because you're the one that's -- you're measuring what they've done in comparison to what you've issued. But on responsibility, I would con -- 1 would ask you to consider taking out the reasonableness; just making it, you know, strictly, "You're responsible if you've done A,' 'B,' 'C,' 'D,' 'E,' 'F,' 'G, "' and that's it. So that's just my -- I'm just telling you to consider it. I'm not telling you to put that in, don't put that as an amendment; just telling you something to consider. Okay? Just to consider. We're good. That's it; just to consider. City of Miami Page 106 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Vice Chair Russell: All right. Commissioner Suarez: We're good. Commissioner Gort: Okay. Commissioner Suarez: Okay. Thank you, guys, for indulging me. Commissioner Gort: The maker (UNINTELLIGIBLE). Ms. Mendez: Does everybody feel -- Commissioner Suarez: Yes. Ms. Mendez: -- we covered --? Okay. Chair Hardemon: Members of the public fine? Commissioner Suarez: Yes. Chair Hardemon: No further discussion from you? Commissioner Suarez: No. Chair Hardemon: No further discussion from the board? It's a resolution. All in favor of the resolution, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Later... Commissioner Suarez: Mr. Chair, if I may real quick? Just -- I'm sorry, one more last clarification on the RFP: That we agree that there was no SAPs; in other words, that things were going to be done through the CS category that we are going to amplify by attaching it to the master plan, but no SAPs. Ms. Mendez: Yes, you mentioned that. Commissioner Gort: Yes. Commissioner Suarez: I just wanted to be sure. Commissioner- Gort: Let's go. Ms. Mendez: And that you -- and the ordinance; you also mentioned that -- Commissioner Suarez: Correct. Ms. Mendez: -- instead. Daniel J. Alfonso (City Manager): Mr. Chairman, one more thing. I'd like to go ahead and request that for the next Commission meeting, we'd have an executive session. I'rn due to meet with IAFF (International Association of Firefighters) tomorrow, and I suspect that we'll have something for you to consider, so we'll need your guidance. At the next Commission meeting, we'll ask for a executive session. City of Miami Page 107 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Victoria Mendez (City Attorney): Well, you want it on February 23 -- Mr. Alfonso: Yes. Ms. Mendez: -- an executive labor session. Mr. Alfonso: Yes. Ms. Mendez: You're calling it. Mr. Alfonso: That is correct. Ms. Mendez: Okay. So. Mr. Alfonso: We'll do it around 8 p.m. Chair Hardemon: No. It'll be around 3 when we get back from lunch. Mr. Alfonso: Oh, okay. Thank you, Mr. Chairman. Chair Hardemon: Meeting adjourned. RE.2 RESOLUTION 1582 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY OF MIAMI'S CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ALLOW FOR THE MODIFICATION OF THE EXISTING WYNWOOD TROLLEY ROUTE, WITH POSSIBLE MODIFICATIONS TO THE OPERATING HOURS AND/OR HEADWAYS, TO PROVIDE SERVICE TO THE RESIDENTIAL AREAS AND SMALL BUSINESSES ALONG NORTHWEST 2ND AVENUE, NORTH OF NORTHWEST 29TH STREET TO NORTHWEST 36TH STREET, MIAMI, FLORIDA, DEVIATING FROM NORTHWEST 26TH STREET WESTBOUND FROM NORTH MIAMI AVENUE TO NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, THEREBY INCREASING THE CURRENT ROUTE ALIGNMENT FROM 4.33 MILES TO 5.23 MILES. ENACTMENT NUMBER: R-17-0068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Suarez ABSENT: Russell Chair Hardemon: What I'd like to do at this point -- we're in our RE (Resolution) section -- is to ask for a motion to approve RE.2, 3, 4, and 5. Vice Chair Russell: Just a moment. City of Miami Page 108 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Whoa, whoa, whoa, whoa. Chair Hardemon: Take a look at it. RE.2 -- Vice Chair Russell: I'll move it. Chair Hardemon: -- 3, 4, and 5, moved by the Vice Chairman; seconded by the Chair. Commissioner Carollo: Not -- can we pull RE.3? Chair Hardemon: Did you want a discussion, or you want to pull it? Commissioner Gort: Wait a minute. Commissioner Carollo: I want -- well -- Chair Hardemon: You want to discuss it? Commissioner- Carollo: -- I would -- Commissioner Gort: Pull it. Commissioner Carollo: Yeah, pull it for discussion, because 1 would imagine, if you want to tie all those that you're expecting a `yes" vote, and if we vote -- if I vote "no," then I vote "no" on all of them. Chair Hardemon: Give a -- yeah. Commissioner Carollo: So I would need to -- Chair Hardemon: So you want to -- all right, so the -- Commissioner Carollo: -- pull -- I need to pull RE.3. Chair Hardemon: -- motion would be amended to be RE.2, 4, and 5. Commissioner Carollo: Yes. Vice Chair Russell: Accepted. Chair Hardemon: All right. Is there any discussion? Commissioner- Gort: I want to discuss all that have to do with the trolley. Chair Hardemon: Which one? Commissioner Gort: All the one that have to do with the trolleys. Chair Hardemon: No, you can discuss. We're open for discussion right now, so we can discuss now. It's discussion time on trolleys. Commissioner Gort, you're recognized. Commissioner Gort: No, go ahead, get somebody -- whoever is pushing it. Chair Hardemon: Say it again. City of Miami Page 109 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Gort: Let me tell you what it is. The -- as 1 look at the routes that we selected, the routes are very good to certain points, bring certain benefits to certain part of the City; not the whole City. At the same time, I've asked -- yesterday I was meeting with Chairman Bovo front the Miami -Dade County. My understanding is, there's 22 municipalities that have trolleys. Somehow, I think -- and I've asked Commissioner Suarez and the MPO (Metropolitan Planning Organization) to discuss the idea, how we can best utilize these trolley connecting to each other as a comprehensive plan for the whole County, bringing all this together; the reason being right now, as I can see it, benefits certain people. I mean, we got the -- going to Merrie Park. I don't see why we cannot stop on 37th Avenue and have the -- transfer to the Coral Gables, and they go there, where we can do another municipality; the same thing with Miami Beach. We have them going to the casino, Miami -- what's it called? Miami -- on 37th Avenue; stops there and comes back. The 7th Avenue Corridor has a lot of residents that live there, and they don't have any transportation. A lot of your neighborhood in your districts, in my district, they need the transportation; they cannot afford anything else, and they cannot afford a car. And I think these trolley should be used -- and I've stated, and I continue to state it constantly -- it should be used as the -- to deliver people to public transportation; a feeding system it should be, but that's got to be coordinated with the other cities. It has to be coordinated with the County. And I know we go to the County, and we select the routes, and the County approves it. I was talking to them. But my understanding, a lot of those times it's the -- us tell them what the corridor should look like and where it should go. Commissioner Suarez: Mr. Chair, if I may? Chair Hardemon: You're recognized. Commissioner Gort: And that's my only problem, that 1 have with this. Commissioner Suarez: Yeah, I'm -- I think Mr. -- Commissioner Gort's points are well taken. I do think that the future of the trolley, program is as a last -mile alternative to mass transit. I want to commend the work of Parjus and -- Mr. Parjus and his team, and Sandra. They have tried to maximize our dollars and reengineer, and become more efficient. We have done a lot of cross -city collaboration with Coral Gables, and we're doing it respectful of our expenditure limitations in terms of what we can and can't spend money on. And so, absolutely, your points are well taken, and 1 will be -- I'll be addressing those, as well. Chair Hardemon: Any further discussion on 2, 4, and 5? Commissioner Suarez: Nope. Chair Hardemon: Seeing none, all in favor; say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 110 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 RE.3 RESOLUTION 1583 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO, NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY OF MIAMI'S CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ALLOW FOR THE MODIFICATION OF THE EXISTING LITTLE HAVANA TROLLEY ROUTE, TO PROVIDE SERVICE TO SOUTHWEST 16TH STREET, BETWEEN SOUTHWEST 37TH AVENUE AND SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, DEVIATING FROM SOUTHWEST 8TH STREET EASTBOUND, FROM SOUTHWEST 37TH AVENUE TO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, THUS INCREASING THE CURRENT ROUTE ALIGNMENT FROM 9.74 MILES TO 10.96 MILES, WITH POSSIBLE FUTURE MODIFICATION TO THE OPERATING HOURS AND/OR HEADWAYS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item RE.3, please see item RE.2. Chair Hardemon: RE.3, Commissioner Carollo. Commissioner Carollo: Should we let them present first? Should we let the Administration present or --? Chair Hardemon: You want them to actually present the route? Commissioner Carollo: Well -- I mean, that's usually -- Chair Hardemon: You could -- Commissioner Carollo: In the past, that's where -- Chair Hardemon: Can you --? Sandra Harris (Director, Office of Transportation Management): Sorry; I had difficulties hearing. Chair Hardemon: RE.3. Ms. Harris: RE.3. That's about Little Havana, right? Commissioner Carollo: Yes. Ms. Harris: Oh, the modification takes the -- City of Miami Page 111 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Can you state your name for the record? Ms. Harris: -- route off 8th Street -- Chair Hardemon: Can you state your name for the record, please? Introduce yourself. Ms. Harris: I'm sorry. Chair Hardemon: It's okay. Ms. Harris: Sandra Harris, director of Office of Transportation Management. RE.3 refers to the Little Havana modification, and 1 was told someone had some questions about it. Commissioner Carollo: Well, we had met a few months ago, Ms. Harris, and I told you that I wasn't in favor of this changes, but now I see it now in our agenda, so yeah, I wanted to address it, because, you know, I'm not sure that these changes are needed. I don't have a problem extending it to 16th Avenue, but you're reducing the lane in Southwest 8th Street. Ms. Harris: Yeah. Commissioner Carollo: And 1 think that's a mistake, so 1 wanted to, you know, have the discussion open. Have you seen the new route, Mr. Mayor? Have you seen the new route? Have you seen the new route? Commissioner Suarez: Oh, you mean -- this route, you mean? Commissioner Carollo: Yeah. Commissioner Suarez: No, no, no. Ms. Harris: Southwest 8th Street is served by Miami -Dade Transit, in -- Commissioner Suarez: I thought you meant the new one -- Ms. Harris: -- the spirit in which we put it -- Commissioner Suarez: -- when we expanded. Ms. Harris: -- on 16th Street. Commissioner- Carollo: No, re-route. Commissioner Suarez: I thought you meant the new one where we expanded. Chair Hardemon: Wait. One second, one second. Commissioner Suarez: 1 got confused. Chair Hardemon: One person speaks at a time. Commissioner Suarez: Sorry. My bad. I thought he asked a different question. Chair Hardemon: Mr. Mayor, you're recognized. City of Miami Page 112 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mayor Tomas Regalado: I have not seen the Southwest -- the new Southwest 8th Street route -- Commissioner Carollo: Right. Mayor Regalado: -- or the 16th Street. I don't -- I think the 16th Street will be a problem, because on the first three blocks from 27th to 32nd, it's residential, and there is parking on both sides of the street. I don't think that there is a way that we can have a trolley stop or accommodate a trolley stop without using just a traffic lane. If you drive on 16th Street from 4 p.m. to 7 p.m., if you're driving west -- Commissioner Suarez: It's a nightmare. Mayor Regalado: -- you will have total gridlock, which is the alternative that people use to avoid Coral Way. I would suggest to look at this, because I think that we do need more service on Southwest 8th Street, rather than 16th. Commissioner Suarez: Agreed. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Suarez: 1 agree with that. Commissioner Carollo: No, and I appreciate that, Mr. Mayor. I just want to make sure that you had seen it, because I was going to be, actually, pretty amazed if you were in favor of this. First of all, we both know that in Southwest 8th Street, a lot of residents but a lot of tourists also take that, and I don't have a problem going up to 16th. My problem is that you're eliminating parts of Southwest 8th Street, like Versailles. I mean, Versailles is a pretty popular restaurant known to our tourists, so that will be eliminated. You're eliminating Smathers. Smothers is -- you know, a lot of elderly folks that use that trolley system. And to eliminate Smothers or that route where they could just, you know, cross and be right there in the trolley, I think is a mistake. So -- and I mentioned this, you know, Ms. Harris, a few months ago. Ms. Harris: Yes, you did. Commissioner Carollo: So, you know, 1 just want to, you know, put it on the record now that it did come to the agenda that I don't think that this is -- this should take place. Commissioner Suarez: Mr. Chair, ifI may? Chair Hardemon: And can I ask you a question, too? Commissioner Suarez: Let me just jump in real quick. Chair Hardemon: Go ahead. Commissioner Suarez: There's one additional factor that 1 think makes 16th Street - - and this is kind of recent -- worse, which is that we temporarily closed off La Pastorita neighborhood, which is on 34th Avenue and 16th Street, and so there's no cut -through. Ms. Harris. Yeah. City of Miami Page 113 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: And that was, actually -- unfortunately, they were using the neighborhood to reduce a lot of the west -- like what the Mayor just said -- bound traffic on 16th Street, so that's no longer available, and because of that, now the backup on 16th Street is maybe twice what it was beforehand, which is good for the neighborhood, but it's -- it creates significantly more congestion on 16th Street, which is part of life. I would take that sacrifice, but I think the Commissioner's right. I think the Mayor's right. I think we should go back to the original plan. Ms. Harris. Noted. Commissioner Suarez: Thanks. Commissioner Carollo: Thank you. Commissioner Suarez: So we -- let's just withdraw it, I think. Commissioner Carollo: Yes. Motion to withdraw -- Commissioner Suarez: Second. Chair Hardemon: Properly moved -- Commissioner Carollo: -- RE.3. Chair Hardemon: -- and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE.3 is withdrawn. I have to go -- Commissioner Gort: Mr. Chairman. Chair Hardemon: -- to a funeral. Commissioner Gort: That's why I'd like to get the MPO involved in this -- Commissioner Suarez: Yeah. Commissioner Gort: -- so we can really coordinate it and really create a feeding system. What do we want to do? We want to use the trolley for tourism, or we want to use it for our own -- our purpose, our own residents? Commissioner Carollo: Both. Commissioner Gort: And this is something we need to (UNINTELLIGIBLE). Well, if we want them both, then you have to go with the MPOs to make sure that our trolleys become a feeding system to the Metrorail and to other facilities that we have. City of Miami Page 114 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 RE.4 RESOLUTION 1584 Office of Transportation Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY, INCLUDING BUT NOT LIMITED TO, NEGOTIATING AND EXECUTING AN AMENDMENT TO THE CITY OF MIAMI'S CURRENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ALLOW FOR THE MODIFICATION OF THE EXISTING COCONUT GROVE TROLLEY ROUTE, TO PROVIDE SERVICE TO THE AREAS OF NORTH COCONUT GROVE, SHOPS OF MERRICK PLACE, AND THE CORAL GABLES AREA JUST WEST OF US 1, INCLUDING THE COCONUT GROVE METRORAIL STATION VIA SOUTHWEST 27TH AVENUE, DEVIATING FROM SOUTHWEST 37TH AVENUE NORTHBOUND FROM GRAND AVENUE TO PEACOCK AVENUE, AND MCDONALD STREET SOUTHBOUND FROM BIRD AVENUE TO OAK AVENUE, MIAMI, FLORIDA, THUS INCREASING THE CURRENT ROUTE ALIGNMENT FROM 7.79 MILES TO 10.74 MILES, WITH POSSIBLE FUTURE MODIFICATIONS TO THE OPERATING HOURS AND/OR HEADWAYS. ENACTMENT NUMBER: R-17-0069 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Suarez ABSENT: Russell Note for the Record: For minutes referencing item RE.4, please see item RE.2. RE.5 RESOLUTION 1585 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS FROM THE DISTRICT 5 SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00, TO THE MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR SCHOLARSHIPS FOR CITY RESIDENTS AND FINANCIAL EMPOWERMENT OF LOCAL ARTISTS. ENACTMENT NUMBER: R-17-0070 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Gort, Carollo, Suarez ABSENT: Russell Note for the Record: For minutes referencing item RE.5, please see item RE.2. City of Miami Page 115 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 RE.6 RESOLUTION 1580 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING COMCAST CABLE TO INTRODUCE IMPROVED SENIOR DISCOUNT OPPORTUNITIES FOR CABLE TELEVISION AND HIGH-SPEED INTERNET, WHILE PRESERVING THE LEGACY SENIOR DISCOUNT PACKAGE FOR EXISTING CUSTOMERS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO NEIL SMIT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF COMCAST CABLE. 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 RE.6 was continued to the March 9, 2017 Regular Commission Meeting. Note for the Record: For minutes referencing item RE.6, please see "Order of the Day. RE.7 RESOLUTION 1702 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INTERVENE IN THE ENVIRONMENTAL COST RECOVERY CLAUSE PROCEEDINGS, DOCKET NO. 170007-El, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION, AND AUTHORIZING THE CITY ATTORNEY TO TAKE ALL FUTURE LEGAL ACTION NECESSARY, INCLUDING INITIATING ANY AND ALL LITIGATION, IN LAW OR IN EQUITY, TO CHALLENGE THE REASONABLENESS AND PRUDENCE OF FLORIDA POWER & LIGHT COMPANY'S PETITION FOR RECOVERY OF ITS PROJECTED COSTS FOR THE TURKEY POINT COOLING CANAL MONITORING PLAN PROJECT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For additional minutes referencing item RE.7, please see "Public Comment Period for Regular Item(s)." Chair Hardman: RE.1. City of Miami Page 116 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: That's -- Vice Chair Russell: Did we --1'm sorry. Did we pass -- Commissioner Suarez: Yeah. Vice Chair Russell: -- 4 and the others? Commissioner Suarez: Time out. Commissioner Gort: Yeah. Chair Hardemon: Yes. We passed 4, 5, and 2. Vice Chair Russell: Thank you. Commissioner Suarez: Mr. Chair, if I may? I have to leave to go to a funeral. I would prefer to be here for RE.1. Chair Hardemon: We may not be here very long. I mean, there's not much left on the agenda. Only thing you can do is continue it to another agenda item on another agenda day, but -- I mean, we can address it now, because other than that -- Commissioner Suarez: 1 have to go. Chair Hardemon: -- we have -- Commissioner Suarez: I really have to go. Chair Hardemon: -- two items left, plus some discussion items and boards. Commissioner Suarez: All right, but -- you mean, we're not going to come back for the afternoon? Chair Hardemon: There's no -- I don't think there's anything on the afternoon. There's no afternoon calendar [sic]. I mean, this is it, right? So we literally have RE. 7, RE.8, whatever we do with the boards, and then a couple discussion items. Commissioner Suarez: I have to go in -- most have is seven minutes. Chair Hardemon: All I'm saying is this: I mean, it's -- if you want to move this to another day, then we can do that, but other than that, this is what's left on the agenda. Vice Chair Russell: Vice Chairman, if he has seven minutes,, I think we should get into RE.1 to hear everything that he would like to participate -- Chair Hardemon: All right, let's -- Vice Chair Russell: -- with regard to RE.1. But I do believe the management feels that if we don't get a vote on this today, we're basically sealing its fate -- Chair Hardemon: All right, RE. 1. Vice Chair Russell: -- for this entire year. City of Miami Page 117 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: 1 really can't believe that we're not going to come back for the afternoon, and we can't do this first item in the afternoon. Chair Hardemon: There -- we may not have an agenda. We're going -- Commissioner Suarez: When we have this item on the agenda, and then we won't be Vice Chair Russell: This is a big item. Commissioner Suarez: -- time -crunched, because right now, we have 42 -- 52 minutes to deal with this item, and I don't know that it can be dealt with in 52 minutes, before the lunch break, anyways; plus, we have other items on our agenda. So if we can knock out all the other items on the agenda -- Chair Hardemon: All right, RE.7. Victoria Mendez (City Attorney): Commissioner Russell, RE.7 is the FPL (Florida Power & Light) item. Vice Chair Russell: Thank you very much. Work with the City Attornev's Office on this, and it's important to me that I think we recognize we wear two hats with the utilities. We work hand -in -hand on many things, in making sure they have the ability to provide our citizens with good services; electricity, uninterrupted service. We're working with them on many things with regard to undergrounding in a positive way, but I also think that doesn't mean that we should ever turn our eye or hold them accountable when necessary, as well. At the moment, FPL is petitioning for cost recovery on a mandatory cleanup that they have to do regarding the hypersaline plume that's infiltrating our aquifer. I simply don't believe that that should be passed on to our residents, our taxpayers; that from within their own profit center that they should be paying for an environmental cleanup from their cause. So this is simply asking the ability for our Attorney to intervene with this situation. Commissioner Suarez: Mr. Chair, if I may, just a question? Chair Hardemon: Yes. Commissioner Suarez: I don't remember -- a lot of the sort of back and forth with FPL began with the transmission line case. And at that time, 1 asked the City Attorney -- because we had -- that sort of evolved into a variety of different lawsuits and administrative hearings, et cetera, et cetera, et cetera, and I had asked the City Attorney why she felt she had the authority to enter into all those different cases. And at that time, her response to me was that we had passed, in her words -- and please correct one if fin wrong -- a "super reso," where we had essentially authorized her to enter into any and all litigation against FP&L, which she took very seriously, because she entered into, I think, five or six -- Vice Chair Russell: Six. Commissioner Suarez: -- different cases. And so I just -- when 1 saw this, to be frank, 1 just wondered why we were doing this, if we had already authorized her, through this "super reso, " to do all the things that she's doing. Ms. Mendez: Yes, and I appreciate that. I still think that my super reso was a super reso, but it really had to do with Turkey Point 6 and 7. This has to do with Turkey Points 3 and 4, so I think it's a little different. It's just based on that. City of Miami Page 118 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: But we -- that reso -- Ms. Mendez: Everything else, they all had -- all the other cases had certain -- they were all interconnected with Turkey Point 6 and 7, so these are based on 3 and 4, and the things that those units are -- Commissioner Suarez: My recollection was that the super reso was related to the transmission line case, and that was -- and you -- when I came to you and said, "How did you get involved in all these other cases? " you said, "Well, I have" -- you know, how -- "Where do you get the authority to get involved in all these other cases?" And you said, "Well, we have a super reso, which authorizes me essentially, to do any and all things that I feel necessary to protect the City's interest." And so, that was how you justified to me going beyond just a transmission line case into all these other (UNINTELLIGIBLE), 6 and 7, rate case. I mean, a variety of other cases. And so, that's the only part that, for me, when I saw it, I was a little bit surprised; more that we had already done this, not that, you know -- that was sort of my issue. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Are you saying you feel that she, through the super reso, already had the authority to do this without bringing this to Commission at this point? Commissioner Suarez: I feel that that's what she told me, yes, at the time. Exactly. In other words, she didn't need a further resolution of the Commission to do this very thing. Vice Chair Russell: I had a similar question, because many of the things we've dealt with in shade, because we are in litigation on several things, and so she's brought them to us, and we've been able to make decisions. I was wondering why this was different. Obviously, it's because we're not involved in litigation on this issue, and that's why it's being brought on the dais. But I do believe we have had issues of litigation having to do with 3 and 4, though, correct? Ms. Mendez: Similar, but not as -- this one's a little more attenuated, but if you feel that 1 already, based on that reso, I will take it and we can -- Vice Chair Russell.: If you have the authority to do it without action of this Commission, I'll withdraw absolutely, but if not -- if there's any question whatsoever, I would -- you know, I'd like to be on record as giving you that ability to do so. That's all. Ms. Mendez: Then I will -- based on this discussion, I will use my previous resolution then. Just -- I wanted to bring it to your attention. That's all. Chair Hardemon: Mr. Manager. Daniel J. Alfonso (City Manager): Mr. Chairman and Commissioners, I just want to put it out there for everybody to understand. We're currently negotiating with Florida Power & Light to underground the transmission lines from the Coconut grove -- the Ludlum -- 37th Avenue substation into downtown. To the extent that we get involved in further litigation, those negotiations may break down, so I just want to lay that out there. City of Miami Page 119 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Yeah. 1 think -- the Manager brings up a good point. Basically, what he's saying -- well, I'll say something different. I'm not going to say what he's saying. What comes to mind is that, one, this isn't free, so it costs us to have litigation with FP&L. Second, it's going to cost them more dollars, as well, because, of course, they're fighting another party. This is something that just doesn't affect just the City of Miami, but there are other municipalities that this could affect, and there's one thing the (UNINTELLIGIBLE) amicus brief,• it's another thing to become a party in a litigation. I'm not saying which way you should do. Thats for my Attorney to make her -- to give me at least a recommendation, and then decide -- for us to decide whether or not we want to move forward in that fashion. But I will say that it does make things a little bit more difficult. It's -- we've already swallowed the fact that we -- we're litigating, and yet and still, we're corning up with a negotiation. But then when you add another tool to the toolbox in everything that we're doing, and it's meant to assault, really, the next party, then things may change with negotiations, at least. We just have to be prepared for whatever comes next. That's all I'm saying. Vice Chair Russell: Madam City Attorney, if you feel that you have the authority under existing direction, then I'll withdraw this item. Ms. Mendez: Based on our discussions, I do. I will use our previous resolution. Chair Hardemon: All right. City of Miami Page 120 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 RE.8 1625 Department of Finance RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA ("CITY"), WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 16-0374 ADOPTED BY THE CITY COMMISSION ON JULY 29, 2016 AND SUPPLEMENTING RESOLUTION NO. 07-0586, ADOPTED BY THE CITY COMMISSION ON OCTOBER 11, 2007, RELATING TO THE ISSUANCE BY THE CITY FROM TIME TO TIME OF CERTAIN SPECIAL OBLIGATION BONDS PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING FOR THE ISSUANCE OF AN ADDITIONAL SERIES OF SUCH SPECIAL OBLIGATION BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $130,000,000.00, TO BE DESIGNATED CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION REFUNDING BONDS, SERIES 2017 (STREET AND SIDEWALK IMPROVEMENT PROGRAM) ("SERIES 2017 BONDS"), FOR THE PRINCIPAL PURPOSE OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS; PROVIDING THAT THE SERIES 2017 BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST AND REDEMPTION PREMIUM, IF ANY, SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; DELEGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE TERMS OF THE SERIES 2017 BONDS WITHIN PRESCRIBED PARAMETERS; DESIGNATING A BOND REGISTRAR AND PAYING AGENT FOR THE SERIES 2017 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, AND THE FINANCE DIRECTOR, A PAYING AGENT AND BOND REGISTRAR AGREEMENT; FINDING NECESSITY FOR A NEGOTIATED SALE OF THE SERIES 2017 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, THE FINANCE DIRECTOR, AND THE FINANCIAL ADVISOR, A BOND PURCHASE CONTRACT; APPROVING THE INITIAL DRAFT FORM OF AND AUTHORIZING THE CITY MANAGER TO UPDATE, FINALIZE, AND DISTRIBUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE FINANCE DIRECTOR, DISCLOSURE COUNSEL, BOND City of Miami Page 121 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 COUNSEL, AND THE FINANCIAL ADVISOR, A PRELIMINARY LIMITED OFFERING MEMORANDUM AND A FINAL LIMITED OFFERING MEMORANDUM RELATING TO THE SERIES 2017 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND OBTAIN CREDIT FACILITIES AND RESERVE ACCOUNT CREDIT FACILITIES AND TO EXECUTE AGREEMENTS RELATING THERETO WITH RESPECT TO THE SERIES 2017 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE FINANCE DIRECTOR, BOND COUNSEL, AND DISCLOSURE COUNSEL, A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE SERIES 2017 BONDS; DESIGNATING AN ESCROW AGENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE FINANCE DIRECTOR, DISCLOSURE COUNSEL, AND BOND COUNSEL, AN ESCROW DEPOSIT AGREEMENT; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2017 BONDS; AUTHORIZING THE CITY MANAGER AND ALL OTHER CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2017 BONDS, IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, AND THE FINANCIAL ADVISOR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-17-0071 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: RE.8. Daniell Alfonso (City Manager): Commissioners, RE.8 is a resolution requesting the authority to refinance existing 2007-2009 bonds. We will be saving approximately 9 percent, which is above the required S percent of future debt. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort. Vice Chair Russell: Second. Chair Hardemon: Seconded by the Vice Chairman. Any further discussion? Todd B. Hannon (City Clerk): Excuse me, Chair, I believe -- RE.8, correct? It's my understanding it's going to be amended on the floor? City of Miami Page 122 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Armando Blanco (Treasurer): Armando Blanco, Finance Department. The new net present value savings as of today's run is 10.5 million. Commissioner Gort: How much? Mr. Blanco: 10.5 million. And, again, this is subject to market conditions at the time of the close, so it will fluctuate until the time it closes. Commissioner Gort: This is a negotiated bid, so the -- we're going to select the day we're going to go to the market? Mr. Blanco: Yes. Commissioner Gort: Okay. Chair Hardemon: So it's -- there's just some language that needed to be clarified. Mr. Blanco: What's being provided isn't so much the language on this; it's more the net present value savings from your summary form, because market conditions have changed. So if we were to run one two days from now, it would be a different number than 10.5. Chair Hardemon: All right. Without any objection from the mover and seconder, that's accepted. Vice Chair Russell: Agreed. Chair Hardemon: Is there any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Hannon: As amended. END OF RESOLUTIONS City of Miami Page 123 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.1 1390 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ian Welsch Commissioner Wifredo (Willy) Gort ENACTMENT NUMBER: R-17-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: BC (Boards and Committees) agenda. Nicole Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC. 1, Arts and Entertainment Council.: Commissioner Gort will be reappointing lan Welsch. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: Properly moved and second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 124 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.2 1592 Office of the City Clerk BC.3 1068 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marie Louissaint Chair Keon Hardemon Jose Migoya Commissioner Frank Carollo ENACTMENT NUMBER: R-17-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Nicole Ewan (Assistant City Clerk): BC.3, Bayfront Park Management Trust: Chair Hardemon will be reappointing Marie Louissaint, and Commissioner Carollo will be reappointing Jose Migoya. Commissioner Carollo: Move it. City of Miami Page 125 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.4 1710 Office of the City Clerk 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 A CERTAIN INDIVIDUAL AS A MEMBER OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Sardina Mann Mayor Tomas Regalado ENACTMENT NUMBER: R-17-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Nicole Ewan (Assistant City Clerk): BC.4, City of Miami Beautification Committee: Mayor Regalado will be reappointing Maria Sardina Mann. Vice Chair Russell: Move it. Chair Hardemon: Been properly moved and seconded by the Vice -- by the Chairman. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 126 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 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 CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Frank Carollo Commission -At -Large City of Miami Page 127 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.7 1712 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jorge Vasquez ENACTMENT NUMBER: R-17-0075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez NOMINATED BY: Commissioner Wifredo (Willy) Gort Nicole Ewan (Assistant City Clerk): BC.7, Community Relations Board: Commissioner Gort will be appointing Jorge Vasquez. Commissioner Gort: Move it. Vice Chair Russell: Second. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 128 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.8 1711 Office of the City Clerk BC.9 1713 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Note for the Record: For minutes referencing item BC.8, please see "Public Comment Period for Regular Item(s). " RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City of Miami Page 129 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.10 1598 Office of the City Clerk BC.11 1076 Office of the City Clerk RESULT: NO ACTION TAKEN 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 Commissioner Francis Suarez AFSCME 1907 IAFF FOP RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell City of Miami Page 130 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.12 1599 Office of the City Clerk BC.13 1717 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joe L. Chi Mayor Tomas Regalado Adib Eden Mayor Tomas Regalado Julian Linares Mayor Tomas Regalado Wasim Shomar Mayor Tomas Regalado ENACTMENT NUMBER: R-17-0076 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez City of Miami Page 131 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.14 1718 Office of the City Clerk Nicole Ewan (Assistant City Clerk): BC.13, Mayor's International Council: Mayor Regalado will be reappointing Joe Chi, Adib Eden, Julian Linares, and Wasim Shomar. 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 MIAMI SPORTS AND EXHIBITION AUTHORITY 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 Commissioner Francis Suarez Commissioner Francis Suarez City Commission City of Miami Page 132 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.15 1720 Office of the City Clerk BC.16 1081 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Akua B. Scott Chair Keon Hardemon ENACTMENT NUMBER: R-17-0077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Nicole Ewan (Assistant City Clerk): BC.15, Overtown Community Advisory Board: Chair Hardemon will be appointing Akua Scott. Vice Chair Russell: Move it. Commissioner Gort: 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. 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: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell City Manager Daniel J. Alfonso City of Miami Page 133 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.17 1083 Office of the City Clerk BC.18 1721 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 SENIOR CITIZENS' ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Ken Russell 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. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Mayor Tomas Regalado City of Miami Page 134 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.19 1084 Office of the City Clerk BC.20 1603 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 Commissioner Francis Suarez 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 City of Miami Page 135 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 BC.21 1604 Office of the City Clerk 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 of Miami Page 136 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 1683 Commissioners and Mayor DISCUSSION REGARDING A COMMISSIONER'S ABILITY TO PLACE ITEMS ON THE AGENDA AND RESIDENTS' ABILITY TO ADDRESS THE COMMISSION DURING THE PRESENTATION OF AN ITEM BEFORE THE COMMISSION. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing item DI.1, please see "Public Comment Period for Regular Item(s) and item RE.1." Chair Hardemon: Discussion items, DI. 1. Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, we had a little bit of discussion here in one of the prior Commission meetings, and I wanted to bring as a discussion item so we could address what I and, I think, members of the public have been expressing. I -- in the last Commission meeting, there was a backup that wasn't put on the -- on this Commission meeting. I believe it was passed out. It's actually the email that my staff had sent, requesting that a personal appearance by Ms. Desiree Diaz be placed on the agenda, and that I would sponsor it, and the Administration did not do it, and the reason was: "The Chairman is only allowing for one personal appearance per meeting, and the next available slot will be for March 9. Please call me if you have any questions." The City Attorney has brought out Section 2-33, regarding "Personal Appearance." And it appears to me - - and correct me if I'm wrong, Madam City Attorney -- if there's any issues, then the Administration is supposed to bring that issue to the Board in the next available meeting, which would have been that meeting that she wasn't allowed to speak; is that correct, Madam City Attorney? Victoria Mendez (City Attorney): The Section 2-33 says that "The request for appearance shall be scheduled on the next available agenda, and the City Manager shall submit a report detailing actions taken to resolve a remedy, the matter." Commissioner Carollo: Right. And that "next available agenda" was -- you know, we were before the .five-day rule -- was the very next meeting that she was not allowed to speak, and that's the. first time in all the history that I have here that that has occurred, where a City Commissioner wants to put an item in the agenda and it's not followed; not to mention that, according to what you're saying, Madam City Attorney, the Administration should have put that item there for us to, at the very least, deliberate, and that did not occur. Chair Hardemon: You're recognized. Daniel J. Alfonso (City Manager): Mr. Chairman, ifI may? The only reason why it was not put there, because the next available agenda, as interpreted by the Administration in this case, was the next available agenda. Commissioner Gort: You got to speak a little louder. City of Miami Page 137 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Mr. Alfonso: The reason why we did not (UNINTELLIGIBLE) was because we interpreted "the next available agenda" an agenda where there wasn't another personal appearance. That's why it wasn't put on that agenda, Commissioner Carollo. That's why we said -- we don't have an objection with the person coming, but we -- we'll put it in the next available agenda, where there was a slot for a personal appearance. Commissioner Carollo: Yeah, but there was a slot open there, because, according to your email, what you're saying is that "the Chairman is only going to allow one personal appearance per meeting." By the way, we actually had two personal appearances in that meeting, so, obviously, there's some leeway there; not to mentioned that, realistically, you know, even though -- and 1'll be honest with you. I've been the first one that is given a lot of leeway to the Chairman, but, realistically, it takes three votes up here in order to, you know, pass certain rules, rules of Procedures. And I just -- And listen, I just think, out of principle, I needed to bring this up, because, listen, the City Attorney, you know, pretty much told me, "Why would you bring this up? All you have to do is just put it in your discussion item and bring the person up to speak." You know, and I get it. You're attorneys; you find loopholes, but I'm not -- listen, I've said before, I'm a CPA (certified public accountant). I'm not here looking for the loopholes, and going to bring the person, you know, through my discussion items and so forth. I really believe that if a Commissioner- wants to put an item on the agenda, he or she should have the authority to do so. And I want to do this in two parts, because I want to address this issue first, but then there's another issue that meeting after meeting, 1 constantly hear the public, you know, complaining or suggesting how we can better our meeting. So with regards to this, I want to make sure that whenever a Commissioner wants to put an item in the agenda that he's allowed to do, though, and not have the interpretation of the management that, "No, we don't do it," because I believe that whenever there's some, let's say, contradiction, it comes back to this Commission. And listen, I had just met this lady, so I really didn't know much about her, but if a resident wants to come up and speak, I think they should. Chair Hardemon: Madam City Attorney, how do you interpret the statement that you read into the record, "The next available agenda?" Ms. Mendez: With regard to "next available agenda, " you know, unfortunately, it can be -- it depends what "available agenda is." I mean, at the end of the day, it could be "next agenda." The word "available" is in there, so 1 think it's something that could be interpreted either way. However, it is up to this Commission to decide on how they want to handle that. But "next available agenda," if that is how the Manager interpreted it, I totally understand his interpretation. With regard to how Commissioner Carollo expresses it, that his next available agenda can be the next one, an agenda, I understand that as well. I think that part of this is also up to the Chairman, based on how he wants to run the orderly meeting, but I've always said, at the end of the day, its subject to how three Commissioners feel about it. Chair Hardemon: So -- Ms. Mendez: Unfortunately, I cannot give you either way, because there is that gray area. Chair Hardemon: Vice Chairman. Vice Chair Russell.' Thank you. I fully respect the Chairman's intentions on making our meetings efficient. I -- you can see where we are today; we might get out by lunchtime. There is always a pendulum swing, though, and I think we need to find that medium, where the public does feel heard; that there is transparency and access City of Miami Page 138 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 to their government. If Commissioner Carollo is -- has a motion to present, 1 would second. Otherwise, 1'd be open to, perhaps, a sunshine meeting, where we work out, as a board -- 1 understand, through Mason's, you know -- of course, it's at the direction of the Chair, but the Board does have the ability to weigh in, and I think it should he a collaborative process, if so. So I'm open to either way. Chair Hardemon: I want to make a comment. I read in the Miami Herald about Commissioner Bovo, as Chairman of the Miami -Dade County, kicking people out of his meeting, cutting people's mike off because they used a word, "immigration"; because they didn't speak to exactly what was on the agenda. I watched people say that their constitutional right to speak their thoughts to their government was infringed upon because of that. I remember, when the FOP (Fraternal order of Police) director -- or president stood before us, and I watched -- I knew what he was saying wasn't particularly on the agenda item; watched him spend all of his time to speak about something that was not on the agenda, but we allowed him to do it, because it was better to just give him the opportunity to speak his mind rather than push him away. I think about the people in our City who don't understand city government, who want a new garbage can because their garbage can has been destroyed, and all they know is that the City Commission meets on Thursdays at 9 o'clock on a certain day. And they come before us, and they don't understand anything about the agenda, but they say, "Hey, I came because my garbage can is destroyed. I've been looking for a way to get it fixed, and I've been having the runaround." Technically, that's not on the agenda -- right? -- but we let them say what they needed to say, because it's an opportunity for them to be heard. The PA (personal appearance) agenda is not something that -- well, 1 will say this. The personal appearance agenda, to be very clear, has been something that we've seen very few of our citizens utilize, but it is there as a tool for them to have more of an opportunity to speak on an item that they think is important to them. The Chair has never decided who speaks on an item, never, for the PA agenda. I'm not interested in the content of the speech that someone has to speak on a PA agenda. My interest is in keeping us in a meeting that is moving efficiently and with order. And I remember, when I initially started as Chairman, I remember this Commission objecting to the rules that had been presented for me as Chairman, and I was flabbergasted. I was flabbergasted because, literally, I was passed the rules from previous Commissioners who had been Chair was told, "Is this okay with you?" I said, "Sure; these are the same rules from before," and then it moved forward, and I was objected to, and I could only imagine why. Why was it that this guy, this Chairman objected to in that fashion? Why was it that during the time where we were utilizing the rule that this Board had been using way before 1 came into this seat that it became so necessary to object, and then carry on meetings to 2, 1 o'clock in the morning; that we had to take items that were on the agenda and move them to the next agenda and then to the next agenda and then to the next agenda, and watched people who came to talk about their garbage can not have an opportunity to talk about it; come at 9 o'clock in the morning, and then come back after lunch at 3 o'clock, and then have to wait till 6:30; and then at 6:30, we didn't get to their business, or to a business point where they can have an opportunity to speak, and so we were there at 9 o'clock, and then 10 o'clock, and then 11, and then watch people frustrated and just -- and at least show decorum -- but walk away, feeling like their government did nothing for them. They never had the opportunity to speak, they were not heard, and to me, that was actionable. That, in and of itself -- If Grace Solares -- because I -- because she's pretty good at this, and you're still here. If Grace Solares submitted a lawsuit against the City and said that, "You know, I believe that the City is not affording people a reasonable opportunity to be heard because of those facts: They come in the morning at 9, and by 11 o'clock p.m., they still have not had an opportunity to speak their mind, " I think she would win, because I think that it's not reasonable for us to hold someone here that long to say what they need to say. In fact, it is slap in the face. It is the exact opposite. City of Miami Page 139 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Compared to someone coming in the morning for whatever item they want to speak about, for whatever they want to say, to say, "Hey, this is what I have to say during my two minutes." Say what they need to say. Many times, two turns to four, four turns to six, six turns to eight. I try to hold order. I'm lenient with those things, rather than having the opportunity to do that. And then, if they want to say something again, they can come back at the 4 o'clock time -- or the 2 o'clock time to say something else that they had on their mind. But, particularly, when it comes to the PA agenda, my dear Commissioner from the third district pointed out -- And on that agenda item, we had two speakers. The PA agenda had two speakers. The question is, why? Well, my dear Commissioner from the second district had a representative or a senator, I believe, that really wanted to say something to this body and to the constituents, and so the Chairman said, as 1 always do, "Is it reasonable for me to allow the bending of this rule on one speaker to bring someone else who is in a position like he is? No problem. I'll grant that request." And so we had those two speakers. And as we saw, the PA agenda on that day went rather long, because that's what happens. The PA agenda is a longer opportunity to address this body. I've never been rigid, but what I have seen is that we are conducting business and -- with more decorum, with less interruption, with the ability to hear exactly what it is that people want to say, without infringing upon the content of their speech; without allowing one, two, or three people to take an hour of our time, utilizing public comment, away from the business that we're doing. We allow constituents to speak at every opportunity that's possible when we convene. They do it. They speak in committee meetings. They speak in Commission meetings. They do it. They're not belittled here. They're treated with dignity and respect. And all that 1 ask -- that we ask is that -- as Chairman, all that 1 ask is that the -- that they treat us the same way. We've had those who are in elected positions come step in front of these lecterns, tell us deliberately that they're going to act a certain type of way, do a certain type of thing, not say certain types of things, and do the exact opposite; offending not only me, as Chairman, but this Board. And I think, if the board members think that it's cute, or because the person is in a certain authority, that it is allowed, and you're more offended by the fact that we have one PA speaker versus two or three, I'm offended. Tin offended, because all I've done as Chairman is put forth what I believe are smart changes to how the business should be handled. I can guarantee you that all the families that are behind us in the war room, that are in front of us wearing uniform, all the constituents, all the people who are watching on television, I'm sure those of them that participate in this government appreciate that, and there are a few of us who don't like it, because they want more opportunity to be heard. And even those individuals get an extra opportunity to be heard. But 1 disagree with a statement that was made earlier that said that -- Well, I will say this: Democracy is a representative form of government. That's why, when you go with this same attitude -- you take it to the Florida State Legislature, you won't get in the room. They hold the doors, like so, just like this, to keep individuals from being in the room. You sit up in the top, and you don't have an opportunity to be heard; same way with your Federal Government; you don't have an opportunity to be heard. We've seen now in other systems where -- how they treat their representative. In here, you get that opportunity, you get that chance to participate, but you can't forget who is elected to represent the interest and the needs of the people, and that's us up here. And many times, we need the assistance of people who are within the community with ideas, with thoughts, and that's what the public comment gives us an opportunity to do, but it is not the job of the citizenry to argue as if you are a litigant in some transaction. So, for instance, if you are the applicant in a Planning & Zoning item, and there's a respondent, those are two particular parties. In all essence, they are in a legal proceeding, and so we should not, as a board, allow individuals who are not within -- who are not party to that to affect -- to argue with the witnesses. The bottom line is this: The way that we do things -- the way that we were doing it in the past for Planning & Zoning items was atrocious, and it's better now. Not best; it's better. And what 1 mean by that is now at least -- what we should City of Miami Page 140 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 be doing is this: We should be having an applicant put on a witness, and he be cross-examined by the respondent, and then we test the evidence, and that's the only -- and that's what we should consider, but we don't necessarily do that. We're more relaxed in the way that we do things, and that's okay, ifyou don't allow certain other elements to be mixed into our decision -making, and that's all that I'm trying to do. I try my best to bring about reason to how we do things, because I know -- understand the difficulty that we have in the job that we do. It's a challenge. And many times, people don't understand. It's like, I guess, you know, I didn't understand why my parents would tell me -- well, my mom would tell me, "No, you can't do X, ' 'Y, ' and Z. "' I would always ask "Why? Why can't I do it?" I was a hard-headed kid -- right? -- and everything she couldn't explain to me to make sense. And many times, we do things -- I do -- I give the best explanation that I can, but at the end of the day, when it saves you, you know, $250,000 in litigation, then you'll get it, because that's what happening. That's part of the reason why we get sued so much, because of the way that we were doing things. And so I'm not trying to limit anybody's speech. I'm not trying to keep people from having an opportunity to address this body. We do all of that, I think, better than every other city that I've seen, and I've seen cities do some crazy things, and some counties, as well. And so, the PA agenda -- Look, I don't care. If you all want to meet -- if you all want to have 10 PAs every single day before we get to our business, that's your business. That's what you want to do. If that's what -- if you think that's the best way to run a government, that's what you want to do; I become the minority opinion, and I'm allowed to have that minority opinion that 1 don't think that that's smart. I think that the best way to do it is to say one PA each meeting, and if it needs to be amended at a meeting or so, do it. 1 believe that we should have order in the way that we have public comment and speak on items. If you don't believe that, fine. You can politicize it all that you want to and in whatever kind of way that you want to to make it sound cute, but at the end of the day, I'm trying to keep away what was happening in the past, because I wasn't here, but some of you were, as I understand, when they were throwing bananas at this dais; manzanas. No, that's "apple," right? Ms. Mendez: Platanos. Chair Hardemon: Platanos. Mayor Regalado: Manzanas are good. Chair Hardemon: 1 don't want that. 1 don't want that. So, you know, like 1 said -- and I'm going to come to a conclusion, because I think as -- and I want to -- well, before I come to a conclusion, I want to say this: As Chairman, I've watched -- I study what I do. I watch other chairman [sic] from other cities. I watch other mayors who are chairmans [sic], and I watch how they do their job, and I've seen examples of chairman [sic] that you -- that no one should be proud of; or chairmans [sic], really, they believe, because they have a gavel that everything that happens on this dais is through them. I'm the most powerful person there." And that's not what a -- it's not what a chairman does. A chairman is a facilitator of information. He facilitates discussion. He provides orderly meetings. He's the person that's supposed to be able to help us move this vehicle forward. And when I look at these meetings and how things are going, that's what I'm most proud of that we're able to move these meetings forward, but I'm only as powerful as my board members allow, but that's why we have the discussion. That's why no one feels like, "Hey, well, you cut me off" Or, "You didn't give me enough time to speak." Or (UNINTELLIGIBLE) there's that fighting back and forth. There are Commissions where you're seeing that every single day, and that's what we don't have. You know, sometimes -- some people like pain, and ifyou like 2 o'clock meetings, you're one of those people that like pain, and, you know, that's up to you to decide if that's how you want to do things. So it's up to the body to decide how they want to move things City of Miami Page 141 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 forward. If you're not happy with having a PA agenda -- if you think that that's the worst problem that we have right now in the Commission, then, you know, you have that right to feel that way. But 1 don't think that having a meeting that moves forward in the way that we've been doing is a bad thing, and if you do, sue me; see what happens. It's been done before. Fortunately for me, a lot of the decisions that 1 make as Chairman are well thought out, and so they ended up being something that's defendable in the law. They sued us when I -- as a CRA (Community Redevelopment Agency) Chairman. They said I didn't give people an opportunity to be heard on one of the items. They lost, because I know what I'm doing goes -- not only meets the law, but goes well beyond what the law requires, and that's all that I'm here to do. I'm not here to infringe upon anybody's rights. I'm here to ensure that their rights are actually adhered to. That's it. Vice Chairman? Commissioner? Anybody? Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Mr. Chairman, thank you. And I'm not saying, like you mentioned, it is the most important item that we have, but we're looking at possibly leaving by lunchtime, so there definitely is sufficient time -- Chair Hardemon: We got to come back -- Commissioner Carollo: -- to have this discussion. Chair Hardemon: -- because Commissioner Suarez wanted to leave before, so -- Commissioner Carollo: And I understand that, and I can only speak from my point of view. Listen, I know the Charter specifically says that we have a part-time job. I can tell you, I know we don't have a part-time job, and I know we have more than a full-time job, and I understand that, and I don't mind corning after 12 and continuing the meeting, I mean, but that's from my perspective. I mean, I get it. By 12 o'clock, I would have to say, you would have the record: Yes, we left the quickest. Chair Hardemon: I don't have a record. Commissioner Carollo: But the bottom line is, you know, I expect to have 0111 day and listen to all the items. Chair Hardemon: But it doesn't take that. It's -- what I'm saying to you is that -- Commissioner Carollo: Understood. Chair Hardemon: -- to believe -- There's two ways you can get from 36th Street to 54th Street. Well, there's more than one way that you can get -- it's more than one way. You can walk it. You can run it. You can bike it. You can drive it. You can crawl it. You can roll it, right? You can wheelbarrow it. You can crab walk it. Why will we take the way that causes the most pain? Why would we do that? It just doesn't make any sense to me. We can walk and enjoy the view, and that's apparently what I feel like we're doing. We're not flying through this thing. We're just doing the business in a way that we think makes sense. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, sir. City of Miami Page 142 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Thanks. And back to my two points, and the first one, I'll let you know, and it's a very simple point. I've been around City Hall quite a bit. I used to walk and run these halls with Father Gibson. I go back a long time viewing this. And by the way, no one that I remember ever threw bananas at the dais; it was outside of City Hall, in the parking lot. And, yes, I lived through those moments, too. But what I am saying, in the whole time that I've been here observing, learning, being an elected official, I have never, I have never seen where a Commissioner wants to put an item on the agenda and it be not allowed. Now -- Chair Hardemon: That's not -- it's a misstatement of the facts. What you're doing is sensationalizing what happened to you. That's not what happened. When you sent that -- I want to make it very clear -- that the Chairman, first of all, never said that that person could not speak. I don't know the person. Commissioner Carollo: Understood. Let me finish. Chair Hardemon: Well, first. Second of all -- Commissioner Carollo: Well, let me finish. Chair Hardemon: -- second of all, it says, "next available agenda." And there's a reason why we add words in front of other words. There's a reason why you use these words to describe something. And so here you are with the Manager, not being an A-S-S to anybody, but saying, "Look, the slot is already .filled." And then your City Attorney is saving, "Why don't you put it in your discussion item and you can achieve the same effect?" you know, but no. What we're doing is we're going to spend the time to argue about whether or not it should be one, two, three, four, five, six, seven, eight, nine, ten items that are allowed on the PA agenda. Look, you know, the County uses -- many people use two minutes to speak, you know. Could it be three? Sure. Could it be four? Yeah. Could it be five? No problem. It could be six, seven. The Legislature doesn't require you a certain time; just a reasonable opportunity to be heard, and it's been taken up in court. And people have come to the conclusion that, "Yeah, you know, two minutes is enough time for someone to address the body, and it can be deemed reasonable." What hasn't been taken up -- I don't know of -- is, well, if they come at 9 in the morning and they leave at 12 midnight, if that's reasonable. I would say that it is not. I'm just -- that's just my opinion. And so, you know, like I say, I mean, I -- I was appointed by the Mayor. My authority is vested, though, in -- as Chairman through parliamentary procedures in the body. And, you know, sometimes -- you know, because -- well, nothing. I'll be quiet. Commissioner Carollo: Thank you, Mr. Chairman. And all I request is that I can now continue, uninterrupted. My Commission [sic] office requested to put a resident before us to speak and the Administration answered that only one appearance per meeting, and that the next available slot will be in March, so we're talking -- asking for a personal appearance in January, and being told by the Administration that it's in March. Based on the interpretation, not of our City Attorney or our Administrator, of our City Manager -- And I don't to say that -- you know, go as far as saying that that may be practicing law without a license. I don't want to go that far. But Madam City Attorney, who interprets the laws? Who interprets the procedures of the City of Miami? Is it you or the Manager? Ms. Mendez: With regard to legal issues, the City Attorney. Commissioner Carollo: Okay. Were you called by the Manager so you could interpret what "available" means? City of Miami Page 143 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Mendez: On this item, no. Commissioner Carollo: No. I didn't think so. And by the way, it wasn't that at that time, you know, we had the discussion, you say, "Hey, Commissioner, just put it in your discussion item and you could get it through," and stuff like that. No. What happened is that the Administration interpreted the law, where he's not an attorney, and he doesn't represent the City of Miami as an attorney, he denied me being able to put that forward, which, in essence, whether you roll or you walk or whatever, that person didn't get an opportunity to actually come before this Commission and speak, and that person is a resident. And talking about residents, yes. Listen, I clearly understand that in our Charter, it says we're part-time employees, but we're not; we're really full-time. And I'm listening from our residents, and just about every meeting, numerous residents are coming forward and saying, "Listen, we don't like this. We want an opportunity to speak when the item is there." And by the way, I -- Listen, I agree with the Chairman regarding letting people speak in the beginning, because they may have some other appointment. I agree with that. However, I think you also need to give them an opportunity to speak when the item arises, and I think that's the issue. And listen, it's not me just giving my opinion. I'm listening to the residents. By the way, some residents that I may not always agree with; yet, I know very well who I work for. And if they're saying, "This is what we want," well, I'm saying, Well, I'm ready to give it to you, because I think it's the right thing to do." So I don't want to just go on and on. And by the way, Mr. Vice Chair; I appreciate you saying, "Make the motion," but I want to do this -- Vice Chair Russell: 1 agree. Commissioner Carollo: -- as a Commission. I want to have this discussion. That's why I brought it, because I really want it to be a discussion, you know. I don't want to just pass a motion just to -- no. I really want to have a discussion. I wish Commissioner Suarez was here, also, so we could, you know, discuss it, and maybe it will take a sunshine meeting, which I don't really would want, but I'll yield to you, Mr. Vice Chair. Vice Chair Russell: Thank you. Mr. Chairman. I do agree with you, and I actually really appreciate that you don't take a motion in that sense, and that we speak about it collaboratively. And I agree with you that residents should be able to speak at the beginning of the day, which is a new process, which I do appreciate, and has made things very much more efficient. Commissioner Carollo: Absolutely. Vice Chair Russell: But that they should also have the option to speak at the time the item is heard. I don't believe that will create an undue burden on the body. Commissioner- Carollo: No. Vice Chair Russell: I think we should try it and see how it goes for a while, and it's simply a recommendation to the Chairman to consider that. Beyond that, I have a question for our City Attorney to interpret Article 2, Section 2-33: "The agenda shall be prepared by the City Manager. Matters may be placed on the agenda by the Mayor, any member of the City Commission, the City Manager, the City Attorney, the City Clerk." By that statement, shouldn't any Commissioner be able to place something on the agenda, whether in the "Personal Appearance" item, and that should be granted; is that correct? Ms. Mendez: Well, that's why you have your district pages. That's what this is meant to do; that you always get to place your item on the agenda, as well. It's a City of Miami Page 144 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 distinction without a difference. I understand that you have your personal appearance, but you have your discussion pages, as well. So that's why -- But 1 understand where Commissioner Carollo is saying it's a loophole. It's not really a loophole, but I understand the difference he is making between a personal appearance versus something on his discussion. Vice Chair Russell: Madam City Attorney, so -- are you saying that what the Code -- the Code specifically says a Commissioner can place an item on a district discussion item? Ms. Mendez: Are -- Vice Chair Russell: I don't see that in here. I'm simply interpreting when it says, "Any, member of the Commission may place an item on the agenda." It doesn't say where. Ms. Mendez: Is this sub -- is this 4? Where --? Vice Chair Russell: It's Article 2, Section 2-33. Ms. Mendez: 2-33 (4) or (2)? I just -- I need to see exactly where you're reading from. I apologize. Chair Hardemon: You've got to give him a moment. Ms. Mendez: I'm in Section 2-33. It's -- are you referring to Subsection 2 or Subsection 4? Vice Chair Russell: Just a moment. I -- Chair Hardemon: You know, why don't you -- and while he's -- Ms. Mendez: Or 1? It's 1? Chair Hardemon: While he's trying to find that, part of -- you know, part of what makes this all difficult is that -- it's more than just the public comment; it's the idea that what you have is, you have a certain -- certain individuals who are within our community that want to debate with the Commissioners, and that is not and it should not be allowed, that debate, because that's what we do with each other, and that's what is -- that's what our discussion is for. And, you know, if then -- if not, it's one of those things where, then why are we here? If we're not here to debate the issues -- if we're going to allow people who are in the gallery to debate the issues, then what's the point of having an elected official or representative form of government? I mean, we should just have meetings with everybody and let everybody debate. Commissioner- Gort. Commissioner Gort: Let me tell you, one of the reasons I -- my understanding is personal appearance must -- everyone wants to come here to address all of the Commissioners, and 1 don't have any problem with that. The other thing is, 1 think the Chairman has been doing -- in the last two meetings, people that want to talk during an issue, he allowed them to talk, and he has the privilege to do that. 1 don't know what the -- what are the privilege of being the Chairperson and what are the -- if there's anything on the ordinance on that. But 1 think one of the things that avoid a lot of the problems, I meet with everybody. Anybody wants to come to my office, it's open to anyone. And a lot of time, I take care of the problems with discussion in my office, and then I'll bring it up here. But also, yes, any Commissioner -- and I apologize. Today I don't feeling too good -- but every Commissioner can place any City of Miami Page 145 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 item in the agenda. I've never had any problem with that. When it comes to -- like it's a personal appearance, like I stated before, personal appearance should be limited to those people who are going to make a presentation to the whole Commission for an item that's going to imply all of us. The personal appearance, if you start granting personal appearance for just about everything, personal appearance might take the whole agenda. That's something you need to analyze and look at. I think the Chairman can take the leadership with the people. How many times that we've had meetings here; we had people sitting there all day? All of a sudden, at 10 o'clock at night, or something like that, people -- Commissioners walk out, and we got to close the hearing. People sit there complaining, says, "Hey, I've been here all day. You're not going to listen to me?" So, you know, we -- I think we more than open. And you're right, it's not a part-time job; it's 24-hours a day. Commissioner Carollo: Mr. Chairman, real quick. I just want to express and correct the record. Our office or I did not have an opportunity to place that item in the agenda. So in other words, when the Manager interpreted -- no, listen to me, because it's important. Because the bottom line is -- Chair Hardemon: That agenda. Commissioner- Carollo: -- that there was -- Chair Hardemon: On that agenda you weren't allowed. They -- Commissioner Carollo: Well -- Chair Hardemon: -- explained they had another agenda item. Commissioner Carollo: Okay, but this is -- Chair Hardemon: I'm not trying to argue, because I wasn't a part of that whole transaction, but I just want -- Commissioner Carollo: I'm trying to explain it to you. Chair Hardemon: -- I don't you to present alternative facts. Commissioner Carollo: No. There is no alternative facts. Commissioner Gort: Mr. Chairman. Commissioner Carollo: That's why I gave that email. That -- by the way, just so you know, and that's why I gave you the email, where we made the request and the Administration answered, "Chair" -- "Hi, Dornini" -- which is my chief of staff -- "The Chairman is only allowing for one personal appearance per meeting, and the next available slot will be for March 9." Now, like the Manager said, he interpret "next available" will he "next available. " They didn't go to the City Attorney. If maybe they would have gone to the City Attorney, then maybe she could have given us that option and said, "Commissioner, you know, there's a loophole, because the Charter stipulates that any Commissioner or the Mayor could put an item in the agenda." You know, if I would have been given that option, then maybe I would have taken that option. But the bottom line is that I made a request -- Chair Hardemon: 1'll tell you -- Commissioner Carollo: -- and it did not go there. City of Miami Page 146 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: -- one thing, even -- if I were going back and forth with you about this, I would even argue that that's not even considered to be an item. To me, an item is a resolution, it's a direction; it's something actionable; something that we can do. I wouldn't consider the fact that Ethel Hardemon wants to speak at -- for a PA agenda to he an item, but that's just me. I'm not here to go hack and forth with you about that. But, you know, I -- when I think about these things, I think about the way that these rules are written are for -- to move business substantively through this body, and you know, I just -- I don't think that this is one of those substantive items. Commissioner Carollo: Mr. Chairman. Chair Hardemon: But you're allowed to put anything that you want to discuss about it; we're discussing it, and I hope you get what you need from it. Commissioner Carollo: Mr. Chair, look, your point is well taken, and I'm not going to continue arguing this. What I am telling you is, it is substantive, because a resident wanted to come before us and speak, and she was not allowed to. Chair Hardemon: Right. Just like -- Commissioner- Carollo: She was not allowed to. Chair Hardemon: Let me tell you something right now. Commissioner Carollo: She was not allowed to. Chair Hardemon: If someone gets up right now, like someone wants to do right now, and say, "You know what? I want to speak. I want to speak." Get 10 people right now and say, "All of us, we want to speak right now." I would say, "No. You're out of the order. There's nothing on the agenda for you to speak about. We've had our public comment. We don't have an agenda item that we're discussing right now. You can't just come in here and just start speaking. You can't do that. That's just a - - basic rules of order." I didn't write the book. I didn't write Mason's. I don't even like Mason's. I prefer Robert's Rules of Order. It's just basic. It's basic how you move a meeting. It's -- and so, when you start going about the way you're putting it to make it seem like someone's doing something to keep people from being heard or opportunity to speak or -- I mean, all those things, you're just -- you're mischaracterizing how things are. And to use your experience as a way of saying, "Look, this is the first time I've ever been told that 1 can't put anything on the agenda" -- 1 mean, I've been told that all the time. "Commissioner, you can't put that on the agenda?" "Why not?" "Because you need this amount of time, that amount time; we need to do this; we need to do that. Okay, you got to put it on the next agenda." "Okay." You know, so it's like -- there are rules to everything. And, you know, if you all want to go and do something different, that's up to you, but I just want someone to be honest about why you're doing it. I mean, what is this really about? You know, what is this really about? I've never understood, from the moment that I became Chair -- And Mr. Mayor, you know, I thank you for my appointment and -- you know, and I'm proud of what I've been able to do thus far, but I feel like, you know, it's one of those things where 1 can't wait until we get the next Chair. Oh, I cannot wait, because 1 would rather -- when you're -- I just can't wait, because it -- if it goes back to the way it was -- You know, it's unfortunate that the constituency has to deal with it, but it's like -- If you all want to politicize everything instead o f just running an efficient meeting, that's up to you all, and that's not what we should be doing. I just disagree with that wholeheartedly. That is not what I came to this Commission to do, and I'm trying to run an orderly meeting with -- do business and keep the politics, as much as I can, out of it. City of Miami Page 147 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yeah. You have the floor; sir. Commissioner Carollo: Thank you. I'm not sure about the politicizing, but what we're really trying to do is, realistically, have a resident that want to come before us and have -- follow the Charter. The Charter stipulates, `Any Commissioner that wants to put an item in the agenda is allowed to." Unfortunately, I have the request right here to let some resident come and speak, and I was not allowed to -- okay? -- because of the interpretation of the Manager. And then I wasn't give an option, because he never spoke to the City Attorney to say, "Hey, Commissioner, you could have that resident come to speak if you put it -- loophole, through your" -- Chair Hardemon: You all know about those district items. When I first started as Chairman, you put 15 items on your district items. Each Commissioner up here -- you had 15, he had 15, the next person had 15, and every time we had a meeting, those meetings had to be pushed over -- and those items had to be pushed to the next agenda. We -- you know, you guys are crafty at what you all do. Commissioner Carollo: And the Administration is crafty, too, because this is the first time in I don't know how many years that a Commissioner is not allowed to put something in the agenda. Now, with that said, I don't want to continue and just continue. The bottom line is, I think we need to have a City Commission discussion, whether it's in a sunshine meeting or so forth. Chair Hardemon: No. This is a sunshine meeting. I don't want to have any further discussion. If you want to do it, do it. Move it. Make it your policy. Do it now. Just do it. Just do it. I'll let you know right now, I'm not with it, but do it. Look, I don't -- and -- I don't mind -- if you all want to go back to the old way of doing it, we could open up two minutes for every time we speak, and the two minutes turn to four and the four minutes turn to eight, and certain individuals from our community will get an hour to speak, and we won't get any business done before noon, and we'll come back to doing our public hearing -- oh, I'm sorry; what is it called? Shade meetings? -- our shade meetings at 3 o'clock when we come back from lunch, because we're going to get back at 3 -- that three-hour lunch break, and we come back and we do our shade meetings at 3, and then the people who were waiting at 9 have to be heard at 7, 8:30. Look, it's fine. It's fine. I was doing this -- I was -- this is before I became a father. This is before a lot of different things. And 1 couldn't imagine why anyone who would be similarly situated as 1 am, someone who has a career other than the City Commission; who, of course, has to work; someone who has a child, wife, or kids, why you would want to take 10 hours to do something that takes 4. I just don't get it. But, you know, it's your prerogative to do what you want to do. I just want the record to properly reflect that what you all have done is just removed the sensibility and the role of the Chairman out of this. And let it go down on the record: This will be the first time that I've heard of this being done. I could see it if I was abusing my authority. If I was abusing my power, I would -- Please, tell me, tell me. All of you who are here, tell me. "You know, Commissioner, I think you're abusing your authority." But I tend not to do that. Maybe that's the Public Defender in me. But, you know, if 1 was doing that, I can see it, but 1 know that I'nr not. 1 know that I'm being reasonable. I know that 1 give people an opportunity to be heard. I know that when someone else wanted to speak on the PA agenda and it was brought to my attention as Chairman, I allowed it, you know. But what happens is, is when you go back to that old system, you're going to get -- the next thing that -- I don't know if you all realize this -- that went away, that's going to come back is the time certain requests, because then people say, "Oh. No, no, no, no. You're RE.14. You have to go through PA, CA (Consent Agenda), PH (Public Hearing), SR.1, SR.2 before you get to RE.14. You're not going to be heard until 9 o'clock. You better get City of Miami Page 148 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 a time certain." So we say, "Okay. Well, time certain 11 o'clock," and then someone says, "Ooh. Now, you better get you a time certain, too." So we do time certain 3 o'clock. Then we get a time certain at 4 o'clock. Time certain, 4:30. And they never go the way that you want it. And now you have hundreds of people here waiting for their time certain; mad because they didn't get heard the time they wanted to be heard, and you have the same problem all over again. Commissioner Carollo: Mr. Chairman. Chair Hardemon: But if that's the way you want to run government, I would typically say, "Do it when you're Chair. Be respectful. " But no. In this case, let's do it when I'm Chair. Let's run the rest of this year in that fashion. Let's just mess it all up. This is -- it's the weirdest thing to me. I know I'm on the record. This is odd. I don't understand it. It's -- you know, I -- like I said, I've been serious about parliamentary procedure since my freshman year of college. Since my freshman year of college, I've been serious about this. And, you know, I've been a two-time parliamentarian -- well, parliamentarian, of course, for my student senate, a senate president, senate of the year; chairman of the Florida State Senate Presidents in the State of Florida -- so whatever, how you call that -- when I was in college; went on to law school; parliamentarian two times for the Student Bar Association. I was paid to do that. And, you know, to have an opportunity to do this, it's fun to me. It's fun to use the rules the right way to get things done the way they should be done. It's a challenge that I love, but I don't understand why we want to sabotage ourselves. I just don't get it. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. With regards to a Commissioner putting an item in the agenda, I think that has been addressed, and I guess we could use the loophole, but the Charter stipulates that a Commissioner could put an item in the agenda, so we already know how we could do that if we need to. However, more importantly to me now is the second part, where I have continuously heard the residents saying that they want to be able to speak on an item when it does come up. Chair Hardemon: They can speak whenever they like. Look, Grace asked to speak at 2 o'clock. She was the only person today that said -- well, not 2 o'clock -- she was the only person that said, "When that item comes up, I want to speak." So when you say, "Everybody in the City of Miami," you know, "wants to speak when the item comes up, " it's not always true, you know. There are some people that do want to speak when certain items come up, and there are some people that don't. Some people want to get -- they want to stay out. I'll tell you what, I5n going to handle the meeting exactly the way that we used to handle it when I first became Chairman. That's just it. So, if that handles -- if that takes care of your request, then I think we should move forward. We have a three-hour lunch break; he back at 3 o'clock -- Commissioner Carollo: Hold on, Mr. Chairman. Chair Hardemon: -- for -- Commissioner Carollo: You're cutting me off. Chair Hardemon: Oh, I'm sorry. Commissioner Carollo: I'm not done. City of Miami Page 149 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Go ahead. Commissioner Carollo: And I actually had the floor at the time, but, you know, I'm being respectful if you need to speak. Listen, I do believe that what you did is that everyone could speak in the beginning if they want to. I think that's a good thing. Vice Chair Russell: That's good. Commissioner Carollo: So I don't think we throw that out. I think that's very good. But at the same time, there's certain people that don't want to speak at the beginning. Chair Hardemon: They want to speak at the beginning, the middle, end, in between. They want to speak -- they should just take my seat. They should just take my seat. You're good at this, at being here, and all of us are allowing people the will to be heard. What you ask for, you're going to get. I guarantee you that. You're going to get it. So Grace Solares wanted to speak earlier, and she did get -- she got an opportunity to speak. She wants to speak again. Come on. Is there anybody else that wants to speak? You want to speak, sir? Come on up here; no problem. No, back up, back up, back up, because I'm sick of people trying to tell me, "Oh, well, you know, Commissioner, maybe you shouldn't say that." And I'm starting to feel like, you know, whv? What is it about Keon Hardemon -- born and raised Scott Projects, in Liberty City; that went away to get his education and come back to help his community -- that I can't say what 1 want to say? I'm not saying anything that's detrimental to my community. I'm just expressing how 1 _feel. 1 have a right to express how I feel, so don't try to liinit my speech. Grace Solares: I think that's very good, Mr. Chairman. Chair Hardemon: Go ahead, ma'am. Ms. Solares: You're a young man who's very smart, who has implemented good ideas since you got here, butt happen to disagree with the one that puts everybody to speak at the beginning of each session. I think that speaking in a vacuum is not a good idea. Like when I asked you this morning that I wanted to speak when the item came up, because I'm going to be referring to some document that you, at that time, will have in front of you and will be able to refer to it. I think the best thing to do here is to give people the choice. You have the choice -- Chair Hardemon: You have it. Grace, you have it. Ms. Solares: -- to speak in the morning -- Chair Hardemon: You have it. You have the choice. Ms. Solares: But I'm -- allow me to finish. Chair Hardemon: You get it. Ms. Solares: As president of Miami Neighborhoods United, we sit down, we look at the agenda, and sometime we have issues with several things on the agenda. If 1 come in in the morning and speak on all of them, I don't have the time to address everything, and it's mumbo jumbo. Then I'm going to have -- Chair Hardemon: You need more time; I understand. Ms. Solares: -- (UNINTELLIGIBLE). Then I'm going to have to ask you. City of Miami Page 150 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: We should probably go from two minutes to five minutes per person; that would give people more time. You can speak in the morning and you can speak whenever the item comes up. You have the choice. This meeting is not about getting the business done. It's about, you know, the individuals that want to speak on every item that have an opportunity. That's fine. Grace, if that's what you want to do -- there's -- this is a short item list, but typically, we have about 60 items on the agenda. I think it's around 60 items. If you want to speak on all 60 and use your two minutes on all 60, you can. That's two hours. Ms. Solares: I can? Chair Hardemon: You can. It's two hours. You know why you can? Ms. Solares: Every time the item comes -- gets called? Chair Hardemon: You know why? You know why I'm going to allow that? Because that's what this body wants. It makes more sense to allow that one person two hours than it does to get through the business. Let the body decide it. I don't want anybody on this dais to look at me differently when someone speaks and I don't interrupt them, and I don't say, "Your time has expired." No one on the dais should look at me differently. You, if you're on this dais, have the courage to say, "Commissioner; he's talking too much. They're talking too much. They're out of order," because that's what Pin empowered to do. But you don't want me on this body to do that job, so then just do it that way. So you don't -- your concern, particularly, is it should be addressed. You want to have an opportunitv to be heard. I think -- if you want to come back up to debate anyone on the City, if you don't agree with what they say, if you want to engage with the discussion, getting in the middle of it, you can do it. That's what you can do. You know why? Because that's what this body wants. And I'm just -- I just -- you know. Vice Chair Russell: I don't believe anyone on the body asked for it. Chair Hardemon: No, no, no, no. This is what we've come to. We've come to the fact that you want to be heard in the morning, you're going to be heard in the morning. If you want to be heard in the afternoon, you're going to be heard in the afternoon. If you want to speak on an individual item, you're going to speak on an individual item. So the way that we do things -- you know, we have groupings of things that passed, that makes no sense to do now, because people may want to speak on a certain item when that item is called, because that's just -- you know, that's the way it is. Ms. Solares: The issue with me, Commissioner, is not that -- Chair Hardemon: Grace, it's not about you; it's about everyone. It's about the whole. Ms. Solares: But the issue -- I'm talking about me. The issue with reference to myself is that 1 may have four items to speak to in different times. I'll have no choice but to sit here until whatever time, and that's my choice, until hell freezes, because that is my choice. But 1'd like to be able to know that I have the ability of coming in in the morning and tell you, "Mr. Chair, I have four items that I need to speak with, and I don't want to speak now. I want to speak when the item is called, because I want to speak in context." Chair Hardemon: But you were granted that. You -- City of Miami Page 151 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Ms. Solares: 1 understand that. Chair Hardemon: And when it comes up -- and every time that you've asked -- every time that you have asked for that, it has been granted. It's been granted on PZ (Planning & Zoning) items; it's been granted today, be -- and I think the words -- I think I said, `Anything for you, Grace. I'll allow you that." But what we're doing now, we're going beyond you. We're going to a policy that's going to affect everyone, so everyone will have that opportunity to be heard; not just people who believe in the City government, who believe that things should be run one way or the other; and will sue to determine -- to make certain that it goes a certain way. It's not just that. Ms. Solares: I'm not suing you. Chair Hardemon: No, no. I know. I don't know. That could be true. We may have a lawsuit that's outstanding right now with you in it. Ms. Solares: I'm not suing anybody. Chair Hardemon: But, you know, I know you believe in this. You believed enough to run for office, and that takes a lot of courage -- right? -- it takes a lot of sacrifice to do that. Ms. Solares: Sacrifice, yes. Chair Hardemon: And so, at the end of the day, all I'm saying is this: You will have that opportunity. She will have it. He will have it. That person will have it. Everyone will have an opportunity, but when the person starts to speak over time limit, when the person gets up for the 20th time, don't look at the Chair; look at all of us, because -- and look at each other, because that's what having order is about. It's trying to make it where everyone has an opportunity to be heard. Everyone is respectful of everyone. Everyone has -- and, you know, no one person who is too pretty, too tall, too short, too smart can decide how this whole thing goes. People have an expectation. And if I go to Miami City Commission, I can go there; I could take care of my business, and I can leave. It hasn't been that way in the past. It's been really, really bad. Small homeowners who want to change zoning or put a -- having an amendment, a variance, or something like that, have paid lawyers, and the lawyers wait around for hours and they're billing, and it's -- it negatively affects them. Then they get a continuance. I mean, all these things happened because of the way that we were doing things, but I'm okay with changing it, because that's what we want to do. Are you complete with your unlimited time? Ms. Solares: Yes, and I thank you, Mr. Chair. Chair Hardemon: You're very welcome. Ilook forward to dinner with you, too. Ms. Solares: Okay. Chair Hardemon: Sir. Luis Herrera: Okay. My name Luis Herrera, president of Vizcaya Homeowners Association. My point to you is, for example, when I not supposed to be coming in the morning because I got some problems, that I can speak in later on. Because sometime the lawyers, they apply for the change in a residential zoning or everything, he allowed to speak; and then when we have to be speak again, we speaking only one time. The lawyers, they speak twice or three times, or discuss with you everything. We have to be allowed, like a resident, defend our property all day City of Miami Page 152 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 long (UNINTELLIGIBLE) discuss with the lawyers. That's the opportunity we have. If I can't come in in the morning because 1 got problems, then 1 don't show up to tell you I'm going to discuss this, I'm going to discuss that, that I allow to speaking later on when the -- Chair Hardemon: I'm telling you now. Well, I'll give you an example. Part of the reason that I really have a dislike for -- on the PZ items -- for residents who are not parties to the litigation -- or to the matter -- to speak at the same time is because it muddies the record. So everything that we're doing is being recorded. Sometimes you'll have a court reporter that's there that's recording everything that someone says, and what happens is, you have crafty lawyers who say, "Okay. Well, I'm supposed to be presenting my case." There's actually a way of doing things. He goes .first. He presents his facts. There will be allowed some cross-examination from the opposing counsel. They may do a redirect. They're basically testing the evidence. It's something that they have to present before the body, because we're quasi judicial, right? That's why, when they say, "I have" -- "I want to disclose the fact that I've met with this person" or "that person," it's important, because the parties that are involved have a choice to make. They can say, "Well, you met with the individual about an SAP (special area plan). I don't think that you can be unbiased now. I think that whatever you met about has affected your decision - making or your opinion about the matter, and I can't trust that you're going to make this decision unbiased." Right? So it typically does not happen. Someone says, "Okay, you've made your disclosure," and they move on. But things can be a lot worse, because of the way the law works. And so, moreover, the decisions that we make, they have to be on the facts that are presented. So what happens is, residents sometimes will get on and they want to present what they consider to be facts, but these are not facts that can properly be considered by the decision makers, because they're not -- it's not information; it's not being put on by one of the parties that are here. And so, what happens is, we get into this big confusion -- confusing dance and battle on how we move our Planning & Zoning items forward, and it ends up being troublesome for our City Attorney's Office to handle these matters. If I'm wrong, Madam City Attorney, you can stop me at any time. And so, what I've been trying to do is clean it up; show where there's someone putting on the facts that should be tested; show that there's opposition from the community -- they have an opportunity to speak; and take away that intervening force that clouds the message. At the end of the day, it affects all of us. It affects -- because I pay taxes, too -- so it affects all of our pockets that we have all of this litigation, and why people look at the City of Miami in such a negative way. And so, this just really cleans it up. But, sir, 1 Promise you, that's just what -- the way that I've thought through things. If you want an opportunity, and this board is okay with it, to speak whenever the item comes up; if the lawyer from one side who's presenting facts, who has a witness on the stand, is presenting something, and you want to object and you want to get up and then cross- examine that lawyer, "Because you didn't say that last week, because last week, you said this and now you're saving that, and" -- but you don't quite understand the way the law works, and you don't get what "intervener status" means, fine. I'm not here to be an obstructionist. I'm here to be a facilitator of information; the best information I can. I try not to allow junk facts or had information to he disseminated on this dais, but if that's what we want to do, then that's fine. We can go to this new way of doing things where everything just comes, you know, out on the cuff and whatever people want to hear and do, we can do. It may be the best thing for us, especially during this time. That's okay by me. And I want the record to properly reflect that I am not being sarcastic. I mean exactly what I'm saying. This is the way we're going to do things. So if you want to come speak on an item when the item gets called up, you -- I'll give you that shot. If you want to talk after we discuss it, I'll give you that shot. It's up to you all to decide when you want to do it. You can speak before the item is presented, after the item is presented, after our discussion, before our discussion, just before we vote; it's up to you, because that's what the body City of Miami Page 153 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 wants. This body wants it to be that way, and so shall it be. You have unfettered access to that lectern to put whatever you like on the dais -- or put to this dais. Mr. Herrera: Okay. If you want -- Chair Hardemon: Don't be afraid of your power. Mr. Herrera: No. Chair Hardemon: Okay. Mr. Herrera: Okay. If you want it -- if you want to saving time and letting people talk -- Chair Hardemon: I don't want to save time. Mr. Herrera: Wait a minute. If you want to saving [sic] time and the people want to talk to, why you put it in agenda less item? In that way, everybody can talk and everybody can be heard in time. Chair Hardemon: I don't know what -- I don't understand. Mr. Herrera: You know? You can put less people in -- less problems in agenda -- Chair Hardemon: Like less on the agenda? Mr. Herrera: -- and it's easier -- easy way to everybody, they can talk. Chair Hardemon: Now, listen. Today, we had less items on the agenda. Mr. Herrera: Okay. Chair Hardemon: And we're going to go just as long as we did as if we had a bunch of items. I don't know ifI agree with you there. But is there -- are you --? Mr. Herrera: Okay. I'm finished. Thank you. Chair Hardemon: Okay. Is there any other person? Yes, ma'am. Brenda Betancourt: Brenda Betancourt, 1436 Southwest 6th Street. I just want to tell you that the job that you're doing is great. We get frustrated, and the reason that I spoke this morning about the time is because sometimes, we feel that there are items that, as a citizen, we able to speak with you guys before you guys made your decisions. It's being more efficient. We'll be able to leave here earlier, and I understand,, because I have sit here with my daughter at 10 o'clock., and I'm still waiting on an item to be called, so I understand that point. But can you consider yourself and the body, consider to -- if we want to speak on one item in a specific time when you are calling it instead of be calling in the morning --? Chair Hardemon: Its done. Ms. Betancourt.. No. Chair Hardemon: No. It's done. Ms. Betancourt: I understand the -- City of Miami Page 154 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: 1 don't understand. Like what --? Ms. Betancourt: No, no. Chair Hardemon: I'm having -- let's talk. Ms. Betancourt: The reason I'm telling you -- Chair Hardemon: Let's talk. Ms. Betancourt -- this is because -- Chair Hardemon: The reason I -- Ms. Betancourt: -- we -- you saying that this body wants it. I can see couple of the Commissioners saying, "no," and the reason is because even though we want to do all the time what we think is in our behalf is the best, sometimes it's not is what is the best for everybody else who's sitting. Like me, I like to speak on more than one item sometimes, because the person that I -- we represent in certain point, and we have tried to adjust. Like now, we able to get the agenda, be able to email it to people. People have -- able to go back and forth. Before, it was not that. So we cannot just say, "Oh, you know what? Let's put it the way it was before," because there are things that you have done that it makes sense, and maybe what it needs is just tweak a little bit so we can -- if we need to ex -- make a dis -- a comment in an item before, and not go back to the craziness, because it was crazy. It was crazy to be here until 11 o'clock, 12 o'clock, and then some items never being heard. And sometimes -- everything goes to you, unfortunately, and everybody blames you, but it's not you. You are just following what the rules are. And, yes, it is a political year, and it's going to be a lot of things that going to be moved according with what we want to present to the public, but we been more efficient. What I asked you this morning is that; if we able to have public hearings in the morning, but if any one of us want to speak in a specific item, and you said 'yes." To me, that was more than enough, because if I want to speak on something that specifically really hurts my community, I have the opportunity to do it, and if I mention it to you and you say, "yes," I trust that you going to do it all the time; that if we want to express our comments after, you will do it. Chair Hardemon: This will guarantee it. Ms. Betancourt: The -- but -- Chair Hardemon: This will -- Ms. Betancourt: -- do you understand what I'm telling you? It's not about, "Okay, let's change everything and go back to 1 or 2 o'clock in the morning." Chair Hardemon: That's what -- no. I'm -- See, I -- we didn't choose to he here at 1 o'clock or 2 o'clock in the morning; it was an effect of the decisions that we were making. And so, one of the decisions that we were making that caused it was the way that we were doing our public hearings. And so, what I'm saying to you is that 1 would never choose to be here at 1 o'clock in the morning. Ms. Betancourt.. Neither do 1. Chair Hardemon: If I had a choice, I would leave at a reasonable hour. But we are all the sum of our decisions, and so, the decisions that we make may end up being that, and if that's what happens, that's what happens. I'm going to be here. I'm City of Miami Page 155 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 going to sit here, and I'm going to chair. It is the responsibility that 1 took and that 1 accept seriously. But what I'm explaining to you is that if you want to talk, you're going to be allowed to speak. Ms. Betancourt: No. I just want to tell the other three Commissioners that if -- you know, take in consideration the same thing, you know, and be able to do public hearing, but if somebody wants -- they has to express this in the beginning so you guys know, and that way, will keep the order, because sometimes, we get -- our emotion get the better of us, and I am one of those. I cannot even say that, because I am one of -- ifI want to tell you the truth, I tell it in your face, and sometimes you get mad at me, and that's okay. And then afterwards, I will say, "You know what? I'm sorry. I shouldn't say that the way I said it." But sometimes making the little mistakes is the best. Right now, we are actually -- you guys can make in a way that if we want to speak at 3 o'clock that we come back. If you choose to not speak, then you speak in the morning and, you know, thank you so much, and go back, and go to the beach -- I don't know -- margarita, mojitos, whatever -- and -- Commissioner Gort: Mojito sounds good. Ms. Betancourt -- you know, but just -- at least to me, I appreciate so much what you have done. I really feel that the City has moving in a different direction, because sometimes, a little guidance make a difference. And even though the two of you are new, and the Chair and the Vice Chair, I think we have hit you enough that you guys kind of like put yourself in a position of a citizen, as well, and 1 really appreciate it. Thank you. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes, sir. Commissioner Gort: I've been hit here a lot. I've been Chairman two or three times, so I guess I was very bad. I mean, damn, everything I hear today, I was -- Chair Hardemon: No, no. Things -- Commissioner Gort: -- the worst Chairman you ever -- guys ever had. Chair Hardemon: No. When I'm referring to the past -- Things were bad under me. Commissioner Gort: No. Let me go to -- Chair Hardemon: But some of these things changed when I became Chair. Commissioner- Gort: -- a point that want to go to. I think every -- any time anyone out there that's within the community and that's got a problem, they want to speak, they have been allowed to speak. Now, one thing you can notice, before, we would have three to four people that would speak on every item, every item. They would have to speak in every item. You don't see them. Okay? And I think the Chairman has the facility over -- any one of us can tell someone who wants to speak, 'yes." I mean, 1 yield to you, and 1 always will yield to you. So, you know, this is things that we have to look at. We don't realise that. Now, the County does it, the School System does it, and I don't see anybody arguing about that, except the other people the other day that were talking out of the budget -- I mean, out of the agenda. Commissioner Carollo: Mr. Chairman, to conclude? Commissioner Gort: We come back at 3? City of Miami Page 156 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Oh, we'll be back at 3. Commissioner Carollo: Mr. Chairman, to conclude? Chair Hardemon: Yes. You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. Listen, to conclude, what I am saying is that it's a tweak; that's all I'm asking, is a tweak. I believe that the people should be able to speak in the beginning; and then, if certain people will want to not speak in the beginning and speak during the item while it's being heard, they get their two minutes, like they usually do. Now, 1 don't know why something that is a tweak, you want to -- Chair Hardemon: Because we've all -- Commissioner Carollo: -- expand it, and say this and that. I mean -- Chair Hardemon: No, no, I'm not expanding anything, because what's interesting about it -- Commissioner- Carollo: -- so I think it's pretty simple. Chair Hardemon: -- is this: It is exactly what I've been doing. When Grace wanted to come speak, 1 allowed her to speak. When Ms. Betancourt wanted to come speak, I allowed her to speak. Any person that's come up and say, "Hey, give me a shot at this time, "I have allowed it. So for you to make this a point to say that people can't do this, to me, it's -- it flies -- slap in the face of what I've been doing. So the only way that I can make it absolutely clear that people have an opportunity to do this is by saying, "Everyone gets an opportunity to do it. Don't ask for it; it will be granted to you. We will speak. I'm going to call the item, I'm going to open public hearing, I'm going to close public hearing on every single item, because I want to show you, particularly, who've been a part of this whole process, who've allowed people to come up and speak during this time, who've yielded your time to other people, who knows that this is what I've been doing. I'm going to allow you the opportunity to see explicitly that that is what we've been doing, because, as I understood, it had been allowed; that's what we were allowing people to do. I didn't slam the door in anyone's face. But the way you presented your facts is as if I had been doing that. So I want to be abundantly cautious about this so that you can say, "You've changed the way that the Commission have done things, and it goes back to the way that it used to be"; when, in fact, I think, you know, not much has changed. So if we're done with this discussion item, we can come back at 3 o'clock so we can address the one item that we have left. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: And 1 apologize, butt keep getting cut off and 1 never get to finish what 1 started stating. And -- Chair Hardemon: You never really get -- you never really .finish, Commissioner Carollo. Commissioner Carollo: I know I never finish, because I get cut off and, listen, I wanted to conclude. City of Miami Page 157 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: I don't understand what you want now, Commissioner Carollo. Commissioner Carollo: But if you just listen and don't cut me off then you will understand what want. Chair Hardemon: Commissioner, I've thought you -- Commissioner Carollo: I think it's pretty simple. I think Ms. Betancourt -- Chair Hardemon: You said it four times. You said it five times. You had assistance saying it. What more do you want from us during our lunch hour? Commissioner Carollo: Mr. Chairman, I respectfully request that we keep the decorum that we've always maintained here in this chambers. Chair Hardemon: No, but there's the point -- we're having debate now. Are you afraid to go back and forth with me about debate now? Commissioner Carollo: No. We could have all the debate you want. I mean, I'm the one who brought the item up as a discussion. Chair Hardemon: Exactly. So what more now? Commissioner Carollo: Okay. 1 want to be clear in what 1 believe this Commission wants. Chair Hardemon: If -- Listen, the Commission is here -- there's three of us right now. Every item that gets called up -- every time I call a meeting, the Commission has an opportunity to express itself. We can do that. I don't think you're going to -- you're not going to solve it right now in these few seconds. Commissioner Carollo: I think we could. I mean, it's very easy. Chair Hardemon: What more? Commissioner Carollo: We maintain that people could speak in the beginning; however, if some of those -- Chair Hardemon: No problem. Commissioner Carollo: -- people would like to speak on an item, then they are allowed their two minutes to speak on the item. Chair Hardemon: Can everybody raise their hand that that's what we've been -- Don't do it, don't do it; I was just joking. But that's what we've agreed to already. Is there anything else? Commissioner Carollo: No. I'll yield to the Vice Chairman, hut I think that that's pretty much it, and I think it's -- that it's an easy tweak. And by the way, it has been done in the past and it has worked in the past, and we've been out of here quite a few times at 6. 30 and 7 o'clock at night. if you go back in history and you start seeing, yes, it was being done that way, and it did work. Chair Hardemon: That's great. Commissioner Carollo: Thank you. City of Miami Page 158 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: You've very welcome. Back at 3 o'clock, everyone. DI.2 DISCUSSION ITEM 1758 Commissioners and Mayor DISCUSSION ITEM REGARDING THE STATUS OF THE YOUTH OUTREACH PROGRAM, PREVIOUSLY DISCUSSED AND BUDGETED FOR IN THE 2016-2017 FISCAL YEAR BUDGET. RESULT: DISCUSSED Chair Hardemon: I'm going to call the February 9, 2017 meeting back into order. We have an item, DI.2; discussion, Youth Outreach Program. Major Esther Farmer: Good afternoon. Chair Hardemon: Good afternoon. Major Farmer.: You guys ready for me? Chair Hardemon: Sure. Major Farmer: All right. I'm Major Esther Farmer with the City of Miami Police Department. I am the Community Relations Section major, and we're delighted to introduce to you the JAM (Juvenile Assistance and Mentoring) Detail. Commissioner Carollo: Absolutely. Major Farmer: And this is the Juvenile Assistance and Mentoring Detail. The mission of the detail is to build partnerships between at -risk youth and police officers, in order to promote positive decisions in the individual's life and in the community. We know that research shows that when -- chronic juvenile offending surges at age 15, suggesting that those who start a criminal lifestyle earlier have a higher rate of offending. We also know that students who meet regularly with mentors are 52 percent less likely to skip school and 37 percent less likely to skip a class. We also know that they are 55 percent more likely to enroll in college and 81 percent more likely to participate in sports or other activities. And last but not least, on research, we know that 46 per -- they are most likely 46 percent less to start using illegal drugs. Having said that, this mentoring program that we are introducing in the City of Miami will entail two police officers. We have with us the two police officers -- I just want to recognize them -- Officer Walt and Mike -- that's their first name -- standing over there. And so, what this program will involve is the mentees will be -- the mentors will interact with the mentees on a day to -- on their day-to-day activities. The program is tailored on a proven research, emphasizing on social and emotional learning. It is a comprehensive structured program, with benchmarks and a graduation; and we do have measured outcomes, such as their grades, recidivism rate, absent from school, parents and self -assessment surveys. We wanted to take a holistic approach on this mentoring program, because we know that each child is different, and so part of the program component includes family visits and resource referrals, school mentoring and education referrals, emotional support; post- secondary school planning, so we're going to help them learn how to enroll for college, do college tours, resumes and talk about finances; social awareness and decision -making education and career orientation. Most of the kids that are arrested at the Juvenile Assessment Center, their survey says that they want to be police officers, so -- City of Miami Page 159 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Carollo: Or firefighters. Major Farmer: -- or firefighters, that's correct. So this program is a 12-month program, where our two police officers will mentor 12 students, and we have partnered up with the Juvenile Service Department. We will have a MOU (Memorandum of Understanding) with them, and to select our mentees. The criteria for these mentees would be that they would have to be eligible for the Pretrial Intervention Program through the JAC (Juvenile Assessment Center), and they have to reside in the City. We also partnered up with Big Brothers and Big Sisters, Peace Jana and Breakthrough, which are educational components, and Leadership Miami, as well as a slew of other programs that are currently in Miami. The program begins on March 1, and we expect to fill the first six slots by the end of March, and the six additional students in six months. What's important for us here is we need your support and we need some funding, whether it be public or private, for things that -- if you've ever worked with juveniles and you've ever gone to someone's house -- I was a school resource officer -- and they tell you, "I didn't eat today," or you ask them why they didn't go to school and they tell you, 'I didn't have clean clothes." And then, as a police officer, you go into your pocket and you buy them detergent, and I go to their house, and you teach them -- Chair Hardemon: They don't have a couch and they don't have a dining room table. They don't have a -- Major Farmer: They don't have a couch. They don't have all of those things, and you have to teach them how to wash clothes in a sink and hang it up outside so they can go to school, because they really can't rely, maybe, on the caretakers to buy that stuff, so our officers -- food, clothes detergent, toothbrush -- sometimes, all of the family members use the toothpaste -- or book bags and other basic needs. So this program, we would require some sort of funding from -- support, whether it be public or private. I want to thank you very much for allowing us to introduce this program. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. Thank you, Major Farmer. 1 truly appreciate this update. I put it in the agenda, because 1 wanted to see -- 1 wanted to make sure that we were moving on it. If you remember, Commissioners, this is something that I advocated for during the budget hearing, because it's something that I truly believe in, and it's something that actually arose from the Goals, Not Guns Forum, and meeting with Director Morris Copeland, he expressed how other areas -- there's programs similar to this, but the City of Miami didn't have anything like this, and he really wanted to incorporate it. At that time, the Chief mentioned that, you know, we would incorporate it at this time, so thank you for meeting the deadline, Chief more or less; I appreciate it. But that's why I brought it during the budget hearing, to see exactly what fundings would it entail, and at that time, it was discussed that there wasn't going to be any additional funding, but I'm open to it. We can discuss it in a later time; just come to my office. Butt appreciate that we're finally following up with this, because 1 think it's something really important. And, you know, again, we -- I don't want to do things in a side or -- you know, this is something that, like I said, Director Copeland really believes in it and I think the Chief believes in it and, you know, we should work together. Thank you. Major Farmer: Thank you. City of Miami Page 160 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Is -- to be in the program, is it a part of their condition of release; is it a part of their probation? Like, what -- how are you tackling those kids? Because the way you described it, it reminds me of -- I have a kid that comes into the JAC and they sent him on home detention, say with a monitor, or something of that nature, and now you want to add this kind of component to it, or was it a part of his probation at the very -- during his sentence? Major Farmer: It would be part of the probation, so we would continue to work with the JAC or the Juvenile Service Department for six months, and then they would release them after the six months. But we, as the department, would continue to work with the mentees for an additional six months, and transition them on to independence. However, we also want -- we want to look beyond that and make sure that we get them into some other activity; that's why we teamed up with Big Brothers, Big Sisters. We're going to offer them PAL (Police Athletic Association), and bring them back as -- Commissioner Carollo: Exactly. Major Farmer: -- mentors, as well, for the younger ones to speak to them. Chair Hardemon: So when you have a kid that doesn't want, say, for instance, maybe to participate in the program, but he's sentenced to this, how do you handle that? Major Farmer: If we have a student that doesn't -- or a child that doesn't want to participate in the program, then they would go back to the Juvenile Service Department and they would work with them on their PTI (Pretrial Intervention) Program. Commissioner Carollo: Right. Chair Hardemon: Okay. Is there a member of the public that would like to make a comment about this discussion item? Anyone? Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: Do you have a total budget? Major Farmer: I'm sorry? Commissioner Gort: Do you have a budget? Major Farmer: At this time, we do not, but we would like -- if you're offering money, we'd start with $10,000. Commissioner Gort: I'll be more than glad to help, because I think it's very important to have that. Major Farmer: And it could be public or private funding, you know. Thank you very much, sir. Commissioner Gort: We have funding to help those individuals that need help. Major Farmer: Thank you. City of Miami Page 161 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: Any other questions? Commissioner Gort: (UNINTELLIGIBLE). Commissioner Suarez: Is that --? Commissioner Gort: 10,000, once. Commissioner Suarez: Well, I'm in. Major Farmer: 20,000. Commissioner Suarez: I'm in for 10. Major Fanner: Okay. Commissioner Gort: 20. Major Farmer: Thank you. Commissioner. Suarez: I'rn in for 10. Major Farmer: That's 20. Commissioner Gort: 20 going once, going twice. Chair Hardemon: (UNINTELLIGIBLE) my bank account set up -- Commissioner Gort: Make it -- Chair Hardemon: -- I have a certain amount of savings. Major Farmer: I hear 30. Commissioner Gort: 30. Major Farmer: 30. Commissioner Gort: Going once. Commissioner Suarez: Mr. Chair, if I may? Commissioner Gort: Going two. Chair Hardemon: You may, of course. Commissioner Suarez: I think this is great, guys. I think it's great. I think it's great. I think the Major achieved -- Major Farmer: If we get -- the more funding we get, the more we can do with these kids. Commissioner Suarez: You just doubled your money. You just doubled your money, so. Commissioner Gort: You need 30. City of Miami Page 162 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Commissioner Suarez: I think it's awesome, and 1 commend you. You know, you guys have done a great job. Last year with me on Magic City Fit Zone, you guys were out there; you really pushed the envelope. And anything that's creating interaction between, you know, the youth in our community, whether they be -- have been incarcerated or -- you know, hopefully not incarcerated -- and our Police Department is a wonderful thing. Major Farmer.. Thank you very much. Chair Hardemon: Thank you very much. END OF DISCUSSION ITEMS City of Miami Page 163 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 164 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 165 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 166 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 167 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 168 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 169 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 1690 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, AMENDING ARTICLE 5, SECTION 5.6.1(G), ENTITLED "BUILDING DISPOSITION (T6)" TO ALLOW PROPERTIES IN T6-24 TO TAKE ADVANTAGE OF EXISTING PROVISIONS ALLOWING PROPERTIES IN T6-36 AND ABOVE TO HAVE NO FRONTAGE SETBACKS ABOVE THE EIGHTH FLOOR FOR A FRONTAGE FACING A CIVIC SPACE OR RIGHT-OF-WAY SEVENTY FEET OR GREATER IN WIDTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing item FL.1, please see "Order of the Day" and item PA.1. Victoria Mendez (City Attorney): I have to read two shade meeting requests. Vice Chair Russell: I had one request, Mr. Chairman. Commissioner Suarez: What? Now? Ms. Mendez: No, no, we're not having them. 1 have to read the requests into the record for next -- Chair Hardemon: Vice Chairman. Vice Chair Russell: Just a moment. The future legislation, the T6-24, I would like to also co-sponsor that. Commissioner Suarez said at the beginning of the meeting he'd like to sponsor the future legislation, T6-24. I'd like to co-sponsor that with you. Commissioner Suarez: Okay, cool. Chair Hardemon: So when this -- Commissioner Carollo: Show me as a co-sponsor, too, then; three co-sponsors. Chair Hardemon: So when it's co -sponsored that way -- I just want to be clear -- does that mean it conies off of the future legislation list? Commissioner Carollo: Yes. Commissioner Suarez: Yes. Commissioner Carollo: Yes. City of Miami Page 170 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 Chair Hardemon: I just want it to be known because -- Commissioner Carollo: It's the purpose. Chair Hardemon: -- part of the reason that we put things on there is so that people have an infinite amount of -- well, what is it? -- Like 90 days? Vice Chair Russell: 60 days. Chair Hardemon: 60 days amount of time to respond. So if we're getting things now on there and then we're taking them off we're removing the expectation that the public has an opportunity to make comments on these things. Vice Chair Russell: Yeah. Chair Hardemon: So it's kind of in the face of all this, of the FL (Future Legislation) Section. But -- so I just want to make that very clear, what's happening. Mr. Rotenberg, you had something to say? Daniel Rotenberg (Director, Public Facilities): No. I'm listening. Chair Hardemon: Okay, okay. All right; just want to be clear. END OF FUTURE LEGISLATION City of Miami Page 171 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 NA.1 1797 Office of the City Clerk NA - NON -AGENDA ITEM(S) ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 23, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE FOLLOWING CASE: ALEXIS STEVENS V. CITY OF MIAMI, CASE NO. 15-23931, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 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 LABOR AND EMPLOYMENT KEVIN R. JONES; AND ASSISTANT CITY ATTORNEYS KERRI L. MCNULTY, STEPHANIE K. PANOFF AND BARBARA A. DIAZ. 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: Madam City Attorney. Victoria Mendez (City Attorney): Thank you, Chairman. Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.018, Florida Statutes, I'm requesting at the City Commission meeting ofFebruary 23, 2017, an attorney -client session, closed to the public, be held for purposes of discussing the pending litigation in the following cases: Alexis Stevens v. City of Miami, Case Number 15-23931, before the United States District Court for the Southern District of Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 3 p.m., or soon City of Miami Page 172 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 NA.2 1798 Office of the City Clerk thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo Gort, Frank Carollo and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Labor and Employment Kevin Jones; and Assistant City Attorneys Kerri McNulty, Stephanie Panoff and Barbara Diaz. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon conclusion of'the 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. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 23, 2017 MIAMI CITY COMMISSION MEETING. 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 PRESENTLYA 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 ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE - CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Victoria Mendez (City Attorney): Mr. Chairman and members of the City Commission, pursuant to Section 286.0118, Florida Statutes, I'm requesting that at the City Commission meeting of Februaty 23, 2017, an attorney -client session, City of Miami Page 173 Printed on 3/22/2017 City Commission Meeting Minutes February 9, 2017 ADJOURNMENT closed to the public, be held for purposes of discussing the pending litigation in the following cases: Village of Key Biscayne versus City of Miami, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Appellate Division, Case Number 15-200-AP; and Village of Key Biscayne versus City of Miami, Case Number 15-02997 CA-09, before the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 3 p.m., or as soon thereafter, as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for Land Use Transactions Rafael Suarez -Rivas; and Assistant City Attorney Kerri McNulty. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. Thank you. The meeting adjourned at 5: 41 p.m. City of Miami Page 174 Printed on 3/22/2017