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HomeMy WebLinkAboutCC 2017-04-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes April 13, 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 April 13, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez. On the 13th day of April 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 9:10 a.m., recessed at 12:12 p.m., reconvened at 3: 08 p.m., and adjourned at 5:18 p.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:11 a.m., and Commissioner Suarez entered the Commission chambers at 9:30 a.m. Also Present: Nzeribe Ihekwaba, Chief of Operations/Assistant City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: And welcome to the April 13, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are W credo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel 1 Alfonso, City Manager; Victoria Mendez, our City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer by Commissioner Gort, and the pledge of allegiance will be led by the Vice Chairman. All rise, please. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 2105 Honoree Presenter Protocol Item National Community Develop Week Mayor Regalado Proclamation 3 Congress Representatives Mayor Regalado Certificates of Appreciation 8 Non Profits CDBG Funding Mayor and Commissioners Salutes At & T Commissioner Suarez Certificates of Appreciation City Fire -Rescue Alarm Office Mayor Regalado Proclamation City Police Communications Unit Mayor Regalado Proclamation Christine Bermudez Mayor Regalado Certificates of Appreciation Maritza Gutierrez Mayor Regalado Salute 122 New Year's Staff 12/31/2016 Commissioner Carollo Certificates of Appreciation City of Miami Page 1 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RESULT: PRESENTED 1) Mayor Regalado proclaimed April 17-22, 2017 as National Community Development Week. 2) Mayor Regalado presented Certificates of Appreciation to Congress members Mario Diaz-Balart, Ileana Ros-Lehtinen, and Frederica Wilson in honor of National Community Development Week; furthermore, elected officials thanked them for their ongoing support, in our nation's capital, of community development programs including Community Development Block Grants (CDBG) and the HOME Investment Partnerships (HOME) Program and recognized that their support has been crucial to community development in the City of Miami during the last several years. 3) Mayor Regalado and City Commissioners recognized and saluted 8 Non -Profit Community Development Block Grants (CDBG) Funding Organizations, which provide a wide range of social services to socially isolated and economically disadvantaged families in the City of Miami; further commending them for their spirit of compassion and laudable contributions to the community. 4) Commissioner Suarez presented a Certificate of Appreciation to AT&T who sponsored the Miami FitZone Event. On behalf of AT&T, Mr. Alex Rodriguez presented a contribution to the Miami FitZone program. 5) Mayor Regalado and City Commissioners presented a Proclamation to the City of Miami Fire -Rescue Alarm Office in recognition of their dedication to excellent public safety service and praised their work as unsung heroes on the other end of the 911 phone line; furthermore, Elected Officials paused in their deliberations to observe `National Public Safety Telecommunicators' Week" and reflected on the important role of the Public Safety Telecommunicators as the first `First Responder", as they proclaimed April 13, 2017 as `Public Safety Telecommunicators ' Day" in the City ofMiami. 6) Mayor Regalado and City Commissioners presented a Proclamation to the City of Miami Police Communications Unit in recognition of their dedication to excellent public safety service and praised their work as unsung heroes on the other end of the 911 phone line; furthermore, Elected Officials paused in their deliberations to observe `National Public Safety Telecommunicators' Week" and reflected on the important role of the Public Safety Telecommunicators as the first `First Responder", as they proclaimed April 13, 2017 as `Public Safety Telecommunicators ' Day" in the City ofMiami. 7) Mayor Regalado presented a Certificate of Appreciation to Ms. Christine Bermudez and paid tribute to her twelve (12) years of excellent work performance, selfless dedication, and high level of professionalism as an employee of the City of Miami Department of Community and Economic Development; furthermore on behalf of the citizens of Miami, elected officials paused in their deliberations to express their gratitude for her commitment to public service, specifically for organizing and preparing for Community Development Block Grant (CDBG) week each year. 8) Mayor Regalado saluted Ms. Martiza Gutierrez, founder and owner of Maru and Friends, a line of dolls, designed and produced in Little Havana and recognized that the story of Maru, as depicted in a storybook that accompanies some of the dolls, mirrors Maritza Gutierrez's own journey: a young Hispanic girl is forced to leave her native country and must learn to adapt to a new way of life in an alien culture. Maru and Friends has received many awards and recognitions, among them the DOTTY Award, the Moonbeam Children's Book Award, the iParenting Media Award, Child Magazine's Toy of the Year Award, and Creative Child Magazine's Toy of the Year Award, and others. Elected officials paused in their deliberations to honor and commend Ms. Gutierrez for her inspiring success and thanked her for her generosity in donating dozens of dolls to the girls of Lotus House. City ofMiami Page 2 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 9) Commissioner Carollo and Mayor Regalado presented Certificates of Appreciation to 122 Bayfront Park and City employees in recognition of their valuable contribution to the success of Pitbull's Third Annual New Year Revolution held at Bayfront Park and broadcast live nationally on FOX on December 31, 2016; further recognizing that due to their hard work that more than 150,000 residents and visitors who attended this highly anticipated event were able to enjoy a memorable New Year's Eve celebration in a safe and fun environment that aired live to over 2.6 million TV viewers, simultaneously showcasing our one -of -a -kind New Year's Eve experience while welcoming and encouraging future visitors to the Magic City. Chair Hardemon: We will now make our presentations and proclamations. Presentations and proclamations made. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Regular Meeting - Feb 9, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: Is there a motion to approve the City Commission meeting minutes from February 9, 2017? Commissioner Carollo: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Is there any discussion about it? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All right, the motion passes. MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair Hardemon: Thank you very much. END OF MAYORAL VETOES City of Miami Page 3 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 ORDER OF THE DAY Note for the Record: For further minutes referencing item RE.8, please see item RE.8. Chair Hardemon: We will now begin our regular meeting. The City Attorney will state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online on [sic] wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the Code section is available in the City Clerk's Office or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium 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 wwwmiamigov.com [sic]. No cell phones or other noise -making devices are permitted in Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda; whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. At this time, the Administration will announce which items will be withdrawn, deferred, or substituted. Thank you. Chair Hardemon: Yes, sir. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Good morning, Mr. Chair. The Administration would like to defer the following items: SR.1 -- Vice Chair Russell: SR.1. Mr. Ihekwaba: SR.1 will be deferred indefinitely; SR.2, deferred to the second meeting in May, May 25; FR.2 is going to be deferred to the first meeting in May, May 11; RE.4, RE.4 will be deferred to the second meeting this month, April 27; RE.8, RE.8 will be City of Miami Page 4 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 deferred to the second meeting this month, 4/27. At this time, I would like to read into the record that the City of Coral Gables Commissioner, Vince Lago, is requesting the deferral of this particular item, in order to convene the subject task force in advance of the April 27 meeting. I will also like to defer the item RE.9, indefinitely; and also, the personal appearance, PA.2, of Stanley Foodman, the chair of the Audit Advisory Committee, is being moved and reset for the first meeting in May, May 11, as well as his presentation during the discussion item, DI.1. Thank you. Chair Hardemon: You're recognized, Commissioner. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Chairman, I just want to be able to go through them one more time to be able to confirm. And if you don't mind, Mr. City Manager, if -- the RE.4 deferment, if-- instead of the last meeting in April, if we could move it to the first meeting in May. I think it's going to give us the adequate amount of time to review, okay? Zerry, you're good with that? Mr. Ihekwaba: Yes. We would like to defer that, as requested, to the first meeting in May, May 11, RE.4. Commissioner Carollo: Okay. Mr. Chairman. Chair Hardemon: Can you repeat the -- Commissioner Carollo: Yeah. Chair Hardemon: -- deferrals that you're asking for, for the Chair? Mr. Ihekwaba: SR.1, SR.2, FR.2, RE.4, RE.8, RE.9, and PA.2, as well as the Audit report in DL1. Chair Hardemon: Are there any other items that Commissioners would like to defer or withdraw? Seeing none, is there a motion in accordance? Commissioner Carollo: Move it. Chair Hardemon: It's been properly moved. Is there a second? Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: All right, if my colleagues will allow me -- will indulge with me, I'd like to try to -- let's handle some business today. So what I want to do is I'm going to open the floor for public comment. If you're here to speak on any item that is on the consent agenda, the public hearing agenda, second reading ordinances, first reading ordinances, the resolutions, this is your opportunity to speak. So, if you'd like to speak on any item that's on the morning agenda, please approach the lectern, state your name and your address, and which item it is that you're speaking about. You'll have two minutes to address this body. You're recognized, sir. City of Miami Page 5 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 J. Phillip Tavernier: Yes, sir. Yes. First and foremost, I give thanks to God for the opportunity to be here today and have a voice in something to say. My name is J. Phillip Tavernier, 19821 Northwest 2nd Avenue, Miami Gardens, Florida 33169. And on behalf of the Circle of Brotherhood, whose motto is, `Black Men Solving Their Own Community's Problems and the Employ Miami -Dade Program." I came to speak on behalf of agenda item RE.10, which is a resolution to support the passage of SB-276 and HB-275, bills that will create a tax credit for employers hiring and creating employment opportunities to returning citizens, otherwise known as "ex -offenders." A basic duty of government is to provide for the safety and positive growth of its individuals. Several years ago, I sat on the Miami -Dade County Prison Reentry Task Force. And at that time, it was known that it came together because there was a fact that Florida prisons were overcrowded, and there was going to be a huge influx of citizens, particularly those convicted of non-violent crimes, leaving incarceration and re-entering society, particularly in Miami -Dade County. Well, we're in that time now. There are basically three ways to make a living in this society: Either you own a business or work for someone else, you rely on some type of welfare public assistance, or you'll resort to some type of crime, or a combination of those three. Without the opportunity to provide for yourself or family, an individual will resort to whatever means that they have. So this beloved city has so much that is going for it; I'd like to encourage everyone. Lastly, as Commissioner Suarez mentioned, we're in Holy Week. And in the reflection, it's written of Jesus of Nazareth, "Whatsoever you do to the least of these my people, that you do unto me." I implore you, please grant those well -needed tax credits to businesses that hire returning citizens. Passing these bills is a matter of public safety, as well as means to support local businesses. I implore you to do so. Thank you very much for listening. Chair Hardemon: Thank you very much, sir. You're recognized, sir. Peter Ehrlich: Good morning, Mr. Chairman, Commissioners. I'm here to speak on SR.3, which is on, I think, page 12 of your agenda; be coming up in a little while. And this item is sponsored by Chairman Hardemon. I'm a resident of the Upper Eastside. I'm also on the board of the MiMo (Miami Modern) Historic District, and we object to the City being a co -applicant with a speculator who cannot meet the nine -acre threshold in order for them to do an SAP (special area plan). We're in favor of any legislation -- this legislation and also the legislation that Commissioner Suarez has brought up several months ago, and that should be coming back to you. We're in favor of any legislation that will curtail some of the abuses of special area plans and special area plans being used as a loophole to bypass Miami 21 and the City Zoning Code. We strongly object to a speculator using land from Legion Park to up -zone land adjacent to the park. The neighborhood consists primarily of one- or two-story buildings, and the speculator proposes five or seven towers, with the tallest being up to 250 feet tall. So we look forward to seeing this item passing, as well as the two items that Commissioner Suarez brought up several months ago. We hope those two items will be on the PZAB (Planning, Zoning & Appeals Board) agenda very shortly. Thank you very much. Chair Hardemon: Thank you very much, sir. Sir, you're recognized. Neil Shiver: Good morning, Mr. Chairman, Board of City Commissioners. My name is Neil Shiver. I live at 3095 Plaza Street. That's in Coconut Grove. That's on the Goombay side of Coconut Grove. I've been a resident of Coconut Grove all my life; born, raised, educated; George Washington Carver, Coral Gables Senior High, University of Miami. If we were in a court of law, Mr. Chairman, I'll be considered -- I'll ask you to designate me an expert; not only of the black community of Coconut Grove, but CRAs (Community Redevelopment Agencies) as well. When Igo to speak to other CRAs across the State on the successes of the Overtown CRA, I speak about two things: leadership -- that's you -- and location. But today, with your indulgence, I'd like to give special recognition, even though he's not here, to Ken Russell, for his leadership in City of Miami Page 6 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 bringing forth this resolution. My community is dying. Let me finish my last minute telling you a story about when I graduated from law school. My first lawsuit, civil lawsuit, was against the City of Miami. Xavier "the Savior" Suarez was the Mayor, and I sued the City of Miami over affordable housing project called St. Hugh 's [sic] Oak [sic]. St. Hugh Oak [sic], what the City did was took the statistics and demographics of the black community of Coconut Grove, went and purchased land, and when it was all said and done, they built -- they were supposed to build 45 town houses for the community. When it was all said and done, they built 26 luxury condos that no one from my community could afford. And my legal argument was simply that the affordable housing project was inconsistent with the Comprehensive Plan, because nobody from my community could afford it. I mean, my clients, one worked for the Post Office; one was a clerk for the City of Miami, and one was an attorney. So what Isay is, when we lost that suit -- Linda Kearson represented the City; not only was she beautiful, she was smart. She qualified my clients, so we lost standing. But the City has an obligation, because when we lost that development, Commissioner Russell, what you got today is a direct result of that. So the City tried to do what you're trying to do, so I commend you. I don't have to tell this board about the success of a CRA, because they do it every day. Support Mr. Russell in this, because our only lifeline has been the County's Commissioner, and anything that I can do to help you, I would. Thank you. Chair Hardemon: Thank you very much, sir. You're recognized, sir. McKenzie Moore: Good morning, gentlemen of the City of Miami Commission. My name is McKenzie Moore. I am a job development specialist for Bridges of America, the Miami Portal. We are a transitional program for returning citizens from the State of Florida Department of Corrections. I encourage you today to pass Resolution 10, which supports the passage of Senate Bill 276 and House Bill 275, which create a tax incentive for businesses not only in the City of Miami, but throughout Miami -Dade County to incentivize them to hire returning citizens. This bill is not just about business development, though. It is primarily about people, valuable people who, yes, have committed crimes, who have -- who are currently or in the past have been incarcerated, but they are valuable people who are eager for -- to -- for redemption of themselves, to redeem themselves to their communities and their families, to utilize their dormant and unused talents that they have just acquired to give back to our community and be productive citizens, and most of all, they do not want to return to prison, but in order to do that, they need an opportunity. This is -- this eliminates one of the blockages to opportunity for them to succeed and to thrive in our community. So again, I encourage you. This is an opportunity to benefit the businesses of our community, economically, but also to improve the economic standing of these individuals and their families, as well. Thank you for your time. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Antaneshia Harris: Good morning. Giving honor to Christ, who's head of my life. My name is Antaneshia Harris, and I'm here on behalf of the PULSE. (People United to lead the Struggle for Equality) Youth Leadership Academy. I'm here to give a special thank you to everyone who's here and who supported PULSE, but I would like to give a special recognition to Commissioner Francis Suarez for helping us, for spearheading our program, for funding us, for being there. He has interacted with us, you know, financially and physically. He's come. He's talked to us. He's empowered us. He's given us many opportunities. I'm one of the many people that he has helped. And we just wanted to say thank you and that we're blessed to have you. Thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Yraida Guanipa: Good morning. My name is Yraida Guanipa, president of YG (Yraida Guanipa) Institute. It's a nonprofit organization dedicated to reestablish the family bond City of Miami Page 7 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 after incarceration. I'm also representing Florida Restoration Rise Coalition. I'm here to support the RE.10, especially for those non-violent and non -sex crimes. I am one of those people. I served a sentence as a non-violent, first-time offender. I'm currently doing my Ph.D (Doctor of Philosophy), and I cannot even get a job to do Obamacare, you know, the -- to get the license in the State of Florida to help people to get into the Obamacare marketplace. It's very hard for families, for children in our family, and we are members of Miami, too. I know that the society sometimes have a rejection when it comes to prisoners, but we have families to support, and we are part of Miami, too. This will help all as a whole. And please remember that we are the first country that incarcerate more people in the entire world. Florida State is one of the biggest one, and the City of Miami, too. I'm here to support RE.10 for the benefits of all us. Thank you. Chair Hardemon: Thank you very much, ma'am. You're recognized, ma'am. Anaya Miller: Hi. My name is Anaya Miller. I give honor to Christ, who is the head of my life. I'm here on behalf of PULSE. As my peer has already said, thank you guys so much for backing up Commissioner Francis Suarez to help us with our program. As a young teenager now, in the time that we're living in, it's hard to just be out in public. You have to worry about something might happening to you. So knowing that I could be somewhere safe, where I can talk about things -- and we learn little things of just how to be leaders in school, getting out into our community, and Commissioner Francis Suarez has really showed us that being out and getting involved in our community is very important. So I really, really, really thank you guys for backing him on up that. Thank you for your time. Chair Hardemon: Thank you very much. Samuel Latimore: Good morning. My name is Sam Latimore, retired professor; currently the president of the Hadley Park Neighborhood Association. I'm here to talk about CA.6, which has -- finding out that there has been award for equipment for fitness for the senior citizens that work, live in a area that I was. I want to thank the -- Mr. Hardemon 's office and the rest of you in terms of supporting that. That will go a long way in keeping the lives of those people meaningful and productive. I also would like to thank the efforts of the City Manager's Office, as well as the Commissioner's office, Commissioner Hardemon, for the outstanding job they did in providing some recreation for the kids in our community. That park and those things are really working out well for us. The last thing I want to do is to remind the Commission, last year -- if I could have Kirk to help me pass out to the Commissioners. What I heard this morning was something I came to do anyway. I just happened to have read the resolution, and thank you for that. But last year, the -- I called around the City, and I called around Dade County to see what groups and organizations were recognizing police officers during National Police Appreciation Week, and I found out that we were one of the few groups -- and the picture that you'll see is a picture that we took of our Northside Station for the City of Miami. Some groups got together, said, "We will not let this week pass" -- because there is so much talk about the negative aspects of what citizens feel. We wanted to demonstrate that. I wanted to remind the Commissioner, and anybody else who here, you have an obligation to the men and women who jeopardize their lives for you to sit up in here, to live where you live, to be -- have these National Week recognize. This was done in 1962, and May 15 was identified as a memorial day. I ask that you advise your churches, your community groups, your civic organizations to recognize -- do something during that week to say, "We appreciate what the men and women do to protect us from the people who would hurt us." Thank you very much, and thanks again for the fitness equipment. Chair Hardemon: Thank you, sir. You're recognized, sir. City of Miami Page 8 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Rick Beasley: Good morning to the Chair, to the members of this Commission. My name is Rick Beasley, the executive director of Career Source South Florida. My address is 7300 Corporate Center Drive, Suite 500, Miami, Florida. I'm here to speak and ask, and urge the members of this Commission to pass the resolution, RE.10. It is an effort to provide assistance to employers who happen to hire ex -offenders. As you know, Career Source South Florida, our mission is to train citizens in this community, to help them get a job, particularly those who have various (UNINTELLIGIBLE) employment; ex - offenders, returning citizens, are one. And it's one effort of us affording resources to train them, but we also need to look at the barriers that prevent them from getting employed, and what better way of being able to help get them employed by having and helping employers incentivize them to hire individuals. I also urge this Commission to take a look that as an opportunity for your -- as you represent the City, to help those in your community to get a job. Now, I will say this: The best way of reducing crime is to get someone a job. And so, we're asking, again, for your assistance of passing this resolution to urge our State representative to do it. But I also, in one breath, ask you to take a look at maybe implementing your own local tax credit initiative, or some type of incentive, to help small employers hire returning citizens. With that, again, I thank you for your support. Please pass Resolution 10. Chair Hardemon: Thank you, sir. You're recognized, sir. Anthony Tate: Good morning. It's a thrill and honor to be here this morning. Want to say good morning to all of our Commissioners. The Chair, this morning, just to commend him for the work that he's doing in our community. I'm so proud of him; Commissioner Suarez for his tentative [sic] in our community, continuing to support various groups in our community. But I'm here this morning -- My name is Reverend Dr. Anthony Tate. I'm the pastor of New Resurrection Community Church. I am the co-chair of the NAACP (National Association for the Advancement of Colored People) over religious affairs. I am the secretary of the Circle of Brotherhood. I'm here this morning asking that you will approve items RE.10, because this is a good resolution. Not only will it help small businesses, but it gives the initiative and that would restore hope back to families. By restoring hope, it engages individuals that have committed crimes and returning back to our community, a positive introduction back into society. This initiative gives hope; and not only that, but it produces unity in our community. It restores self-respect to many who have paid their debt to society. It will put many convicted feloners [sic] back to work. It will reduce crime, but more importantly, it gives someone economic stability. This proves to be something that is -- would be very good for the future of our community and the City of Miami. Thank you for your time. Chair Hardemon: Thank you, sir. You're recognized, sir. Gregory Pierre: Good morning. Gregory Pierre. I reside at 244 Biscayne Boulevard, Unit 1409, Miami, Florida 33132. I think that you all would agree that one of your most important or highest duties as Commissioners of the City of Miami is to protect and support the safety and welfare of all of your constituents, and most particular, those that are in the weakest states or weakest positions. There are certain members of your constituency that have been labeled or brandished as felons; who, as a result of this label or branding, are unable to obtain scholarships or funding for school; who, as a result of this label or branding, are unable to access simple social programs; and who, as a result of this label or branding, are unable to obtain employment. This label and branding has dis-incentivized employers from giving these individuals jobs. And as the Commissioners of the City, I think you would agree that you have a responsibility to incentivize the individuals that do business in this City or -- excuse me -- the businesses in the City and, of course, the businesses in the State, to reverse the ills that flow from this. It's not fair. And as a result, I'm just asking that you show your support for Resolution 10. And not just that, but even take it a step further and see what you could do as City Commissioners City of Miami Page 9 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 to further the effort to help those that are in the weakest position, whether it be ex - convicts, the elderly, or the homeless. Thank you. Chair Hardemon: Thank you, sir. You're recognized. Renita Holmes: Good morning, Commissioners. Madam Holmes, Women's Association Alliance, Addressing Injustice and Violent Epidemia, executive director of WOW, and also the executive director of Opportunities for United Restoration of our Homes, initially coming out of public housing, and it was great to be a first -timer; you know, being a first poverty person with disability to have the first business in the State of Florida, the first woman to own it in public housing, and then to run a not -for -profit. And I can remember when Mr. Rollins, who took further "The Walking Nonstop" -- which they called, "The Walking One Stop," which I created, because there was so many corporations, not -for -profit, as well as for profit, who had monies to do line item outreach and did not do it with the cultural competence that it was, so there was no balance in equity. And so, we walked. We walked as volunteers, as peer supports, as ex - felons, as mentors, ministers; some now become ministers and reverends, and pastors; some now professionals in drug rehabilitation, which is now the new initiative in the State of Florida for hiring those who are more challenged. My point being is that then you did not know that, unless you opened up an Armoire and saw my licenses that I was living in public housing or that I was an ex felon. You could say I still am, as far as the system, but I paid my time. But what I could not understand was the white-collar crime, because I was fellow, along with many veterans, who were dishonorably discharged, because they had been charged with crimes, who came back home, who had no income, and were disqualified the benefits, because they came back to children they did not even know that they had and had -- the system has really penalized them for that. And so, I urge you, because if it was not for the insight of some of us as consultants, strategists, volunteers, organizers, lobbyists, legislators, and community servants that we would be at this point that we've come. I think the gentlemens [sic] have said it, but for those women that have sons and daughters who have to now take care of their own grandchildren, we deserve a second chance. And the equity in corrective and rehabilitative, comprehensive community, economic development creates policies like this that support bringing a balance, policies such as this that bring -- that cover the gap, and it shows great character. I'll close with this: Miami -Dade County has already accepted it, and they stand as a Commission before a sign that says, "In God We Trust." Truly, if we trust in that same God, we have that same accountability, that same character, and those same principles will give a man a fish and pole and see if he can fish again, and feed his family again, then truly the same God would be the God we trust in this Commission to give these brothers and give these organizations and these companies, such as companies like my own, who are even owned by ex felons, a chance to hire our brothers and sisters, and do what God told us to do. Thank you so much. Chair Hardemon: Thank you. Sir, you're recognized. Newton Sanon: Good morning, Mr. Chair and members of the Commission. Newton Sanon, president and CEO (chief executive officer) of OIC (Opportunities Industrialization Center) of South Florida. We're a community -based workforce development organization. Our way of contributing to improving conditions in the community is helping people access credentials and get jobs, while dealing with those things that might impede economic and credentialing success; one of those barriers remain: folks returning from incarceration. You may know, but according to the Department of Corrections, ultimately, 1,700 offenders will be returning to Miami -Dade County in the next fiscal year. That's an average of 146per month. That does not include State -- I'm sorry -- County and/or Federal inmates. Well, I'm here on support of item RE.10, to urge you to give these folks an opportunity. Our organizations have the pleasure and honor of serving and leading the reentry effort on the U.S. (United States) Department of Labor for the past two administrations and the one current. And I will tell City of Miami Page 10 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 you, again, as our motto suggests, that a job is the best social service in the world. I will tell you that, oftentimes, people come to our organization looking for an opportunity. If, in fact, they have the will, the volition, and paid their debit to society, there is an opportunity -- I will call it an "opportunity" -- as opposed to an "obligation" -- because there's a different sentiment when you see it as an opportunity -- to give these folks an opportunity to earn a wage to feed their families and not recidivate in the community. Thank you so much for the consideration. Chair Hardemon: Thank you, sir. Ludnel St. Preux: Good morning, honorables. My name is Ludnel St. Preux. I'm the deputy chief operating officer for Gang Alternative, a nonprofit in this community, dedicated to serving the youth. I'm here to urge your support for the resolution to allow the tax credit for those employers who are willing and ready to employ ex -offenders. In our society, most of the time, in the name of safety, we have the tendency of locking people up and throw the key, but for those who have paid their time, paid their dues, and that are out and rehabilitated, we have an obligation to help them out. The -- giving them the opportunity to have a job not only give them self-respect, but it also allows them to feed themselves and feed their families, and therefore, not returning to the life that took them to jail in the first place. So I'm urging your support for that resolution. Thank you. Chair Hardemon: Thank you very much. Ma'am, you're recognized. Ruth Ewing: Thank you. Good morning. My name is Ruth Ewing. I'm here as a resident, Coconut Grove, 3620 Percival Avenue. Good morning to the Commission, Chair, Vice Chair. I'm here in regards to Resolution 11-1941. I'd like to commend and thank Vice Chair Commissioner Russell for putting this resolution forward, regarding the identfing of funds to do -- conduct a finding of necessity study for the development of a community redevelopment area in West Grove. I would like to ask and urge to please further consider defining the boundaries, as defined in the study, that have West Grove; more distinct identification of the boundaries. I would also encourage that Commissioner Russell continue to educate the members of West Grove and the whole of Coconut Grove and D2 (District 2) in regards to the importance of the necessity of the study, as well as what a community redevelopment area would mean for Coconut Grove and West Grove, specifically, now and in the future; as well as the potential positive outcomes, as they are intended; and also, some of the pitfalls, as they could happen. Thank you. Chair Hardemon: Thank you very much. Jody Szabo: Good morning. My name is Jody Szabo. I'm a volunteer with and representing Hope City Center, 2103 Coral Way, Suite 202, Miami, Florida 33145. Hope City Center supports the City of Miami Commissioners, urging Governor Rick Scott and members of the Florida Legislature to enact Senate Bill 276 and House Bill 275 that would create a State Work Opportunity Tax Credit for businesses to hire those convicted of a felony. Hope City Center -- we're a faith -based nonprofit organization that assists felons and those recently released with reentering into society. We have concerns that the Federal Work Opportunity Tax Credit and Federal Bonding Program are seen by potential employers as intrusive and cumbersome. This has proven more as an enhanced barrier to gainful employment. When Hope City Center attempts to woo employers, almost immediately, employers are reluctant to hire clients because of the amount of paperwork that is required. Tax credits are not a big enough carrot to get employers to purchase against this backdrop. According to a 2011 paper by the Northwestern Law Bluhm Legal Clinic, the IRS (Internal Revenue Service) forms indicate that the estimated average time for preparing the IRS forms is 11 hours. This is considered by many time-consuming. A feasibility study of the Miami -Dade County City of Miami Page 11 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioners approved -- this kind of work must be thoroughly examined to develop suggestions and address about the stringent process of the Federal WOTC (Work Opportunity Tax Credit). It's in the best interest of the State of Florida, the Miami -Dade County, and City of Miami to approve this and to consider local incentives, as well; and to consider hosting a workshop, educating nonprofits, employers, and community leaders on the benefits of hiring formerly convicted citizens. One example is a upcoming summit, held in Cleveland next week, the Northeast Ohio Reentry Business Summit, and this event will focus on opportunities available for businesses to participate in reentry and will provide guidelines, as well as legal advice, tax credit information, or real -life examples. This kind of work summit should be performed here in South Florida. So there are many examples that we can look at, such -- in other states, Illinois tax credit; California enacted a new employment credit, and other places. There are cities like San Francisco and Philadelphia. Philadelphia has the Employment Incentive Payment Program. So Hope City Center is in support and available to explore solutions to this mounting challenge, which negatively impacts our citizens on a countywide level, and it is our support for these House Bill and Senate Bill. Thank you. Chair Hardemon: Thank you very much, ma'am. Sir, you're recognized. Williams Armbrister: Good morning to this body, and I greet you all, and every man, woman, and child at the sound of my voice, in the name of our Lord and Savior Jesus Christ. On RE.11-1941, it's a bit late. It's about two decades late, but a late meal is better than no meal at all, and we do thank you for your consideration in this matter, because all the evidence is currently available to justift having a CRA in West Grove. I'd also like to -- you to consider -- and I was told in communicating with people in the community that, for once, I should come down here and not tell you what to do, but humbly ask that you consider the eminent domain procedure, because we will need real estate and funds in order to bring the magic back to this part of the City. What the eminent domain will do would give us real estate, and we would be able to get the funding in order to provide for homes and to retool the units on Grand Avenue. And if you would rustle up your courage and convince our Mayor that he needs to meet with the Miami -Dade County Mayor and see how this can be implemented, how we can use these tools that are readily available. Of course, you know, at my first mention of it, there was some repel or rejection of it, because of our City Attorney not being familiar with it and how it could be utilized. And as you normally hire outside legal assistance when you need it for issues that you're not readily tooled or familiar with dealing with, you could do this, as well, when it comes to the eminent domain procedure, according to the United States Constitution. I just want to thank you once again. And thank you, Commissioner Russell, for your efforts on the Billie Rolle Park and presenting this resolution, and I'm sure you have enough evidence to justift a CRA in West Grove. Chair Hardemon: Thank you. Mr. Armbrister: God bless you, and have a wonderful day. Chair Hardemon: Sir, you're recognized. Carlos Gonzalez: Thank you. Good morning. My name is Carlos Gonzalez. I reside at 131 Southeast First Street, downtown Miami, a block from Flagler Street, but I'm not here to talk about that. I would like to draw the attention to RE.5, Resolution 1906. I'm here to represent the Kiwanis of Biscayne Bay, and I would urge everybody to support this project, which I believe is sponsored by Commissioner Gort. Thank you. We have experience with educational field trips to the zoo, to the Everglades, to Jungle Island, for elementary school students in Miami -Dade -- actually, in the City of Miami. When the resolution comes up, I can -- I'm here to answer any details that you may have, information wise. So I urge you to vote for it. It's a good program. We have cleared City of Miami Page 12 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 everything with Miami -Dade County, the appropriate level in Miami -Dade County. We could present, you know, those things in writing. We -- Commissioner Gort: Miami -Dade County Schools. Mr. Gonzalez: I'm sorry? Commissioner Gort: Miami -Dade County Schools. Mr. Gonzalez: Right, right. Commissioner Gort: Okay. Mr. Gonzalez: Now, from our contact and negotiations with them, since it's only one school, we don't need the superintendent's authority. It's basically the principal of that school. It's his purview to approve it and do the writing and all that kind of stuff. And, actually, he will select the seven students for the program, which will start hopefully in the fall of this year, okay? Thank you very much. Chair Hardemon: Thank you very much. Commissioner Gort: Thank you. Chair Hardemon: Seeing no other persons for public comment, I'm going to close the public comment section at the time. PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 2001 PERSONAL APPEARANCE BY ALINA HUDAK, DEPUTY MAYOR OF MIAMI-DADE COUNTY, TO PRESENT TO THE CITY COMMISSION ON THE MOSQUITO ABATEMENT PREPAREDNESS PROGRAM FOR THE COUNTY. RESULT: PRESENTED Chair Hardemon: There are some personal appearances. I'd like to call the first personal appearance, PA.1, Ms. Alina Hudak, from the Deputy Mayor of Miami - Dade -- she's the Deputy Mayor of Miami -Dade County. Thank you very much, ma 'am. Good morning. Deputy Mayor Alina Hudak: There we go. Chair Hardemon: Continue. Deputy Mayor Hudak: Good morning, Mr. Chair, honorable Commissioners, Mr. Manager, Madam Attorney, Mr. Clerk; certainly a pleasure for me to be here today, at the invitation of the City Administration. For the record, I'm Alina Hudak, Deputy Mayor of Miami -Dade County, and also serve as the director of our Solid Waste Management Department. And I'd like to take this opportunity to give you a brief overview of our mosquito control program and an update on our activities and preparation for our 2017 season, and I'd like to just preface that by saying that I think we've all come to realize that there is no such thing in Miami -Dade County as City of Miami Page 13 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 a mosquito season; it is a year-round effort, and we certainly appreciate the partnership that we've enjoyed with the City of Miami. Your Administration has been superb in supporting us on -- both on the Code enforcement front and absolutely anything that we needed during the 2016 season. I think we all know and experienced what the 2016 year and the active and -- arrival of many travel -related cases and locally acquired cases of Zika to our community in the designation of four zones, two in the City of Miami and two in the City of Miami Beach. As the first community in the Continental United States, with locally acquired cases, all eyes of the country, truly, were on Miami -Dade County s mosquito control efforts. I'd like to give you a brief sense of the magnitude of the response and what it required, and I'll highlight some key statistics. We have a video that I've chosen not to show today, because we really developed it for purposes of the many forums and the many opportunities that we've had throughout the State to tell our story. Most of us -- and you lived with us, so you're very familiar with the effort. From January of 2016 to December of 2016, our 311 Call Center handled over 18,000 calls for mosquito - control inspections. Our County and contracted crews, mosquito -control inspectors conducted over 300,000 property inspections. We provided larva site treatment to 152,000 public and private storm drains throughout the County. We did that together with our Road and Bridge, and Public Works, and Transportation crews, and we had the assistance of many municipal governments. We did that twice. That's an unprecedented effort. It would normally take us about four years to get through 150,000 drains, and we did that in three months' time. We performed 12 aerial adulticide treatments in two of the Zika transmission zones. We conducted four aerial larvicide treatments. We performed 43 adulticide treatments by truck in the transmission zones, as well as in other areas of Miami -Dade County, where we saw that we had elevated counts. We conducted 154 truck larviciding missions in the transmission zones, and continue to provide those services today. Our public information staff received and provided interviews to over 160 local, national, regional, and international media inquiries. So that gives you sort of a very broad perspective of the massiveness of what was really a six-month response. These numbers reflect the challenge and reflect, you know, what we hope and anticipate will not be another repetition of that this coming season. Through our partnership with the Florida Department of Health, the Department of Agriculture, the Centers for Disease Control, and the Federal Government, we are the only government in the Continental United States, and really in the world, that has been able to break the cycle of transmission, and we're extraordinarily proud of our efforts and the efforts of all of this community in working with us. One of the critical elements of our response was the creation of a Joint Information Center, where we shared information on a daily basis early on, within the first month. Almost every day, at 4 o'clock, we were on the phone with all the jurisdictions, with the Convention Bureau, with the School System, with any agency that had a need for information, and we created a mechanism by which that information was shared. So I want you all to know that, because, again, the collaboration was extraordinary. We continue to prepare, and we know and we've seen the weather patterns since January. We've had a very hot, humid -- it rained. Yesterday, you saw the rainfall in this community, so we know that we have to continue to learn from the experience. I personally, along with my team, have visited multiple mosquito -control districts in the State, and the interesting thing that we've observed -- and we've seen districts that have tremendous assets. I mean, we were in Collier County this past Monday and saw, you know, three airplanes, four helicopters; massive capabilities. And they told us, very frankly, that they're learning from us, that -- you know, what they knew a year ago about the aedes aegypti mosquito, which is the vector that transmits disease, and what they know today about resistance to treatment, about the different protocols, and what works and what doesn't work, and they commended all of us for the amount of ground inspection that we did. So I will tell you that it is a continuing process. We are blessed that our Mayor has, in fact, authorized additional resources for our mosquito control operation, and we are prepared and are in the process of City of Miami Page 14 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 enhancing that operation. We are in the process of recruiting a medical entomologist to provide leadership. We do have currently an entomologist on staff and we have biologists, and we have trained individuals, but we are -- we have created a surveillance program that is, you know -- I don't think anywhere in the State of Florida there is a surveillance program that has over 120 traps. That surveillance program will now provide us significant information about the type of species of mosquito that we're seeing all over Dade County, not just in the areas where we had transmission. And we will have, hopefully within the next three months, additional 40-plus positions on board, prepared to provide support to anything that we face, and we have a lot of good surveillance information. Based on that, we define our protocols on a daily basis, and we continue with a very aggressive larviciding program. Part of what we want to do and what we have been doing is obviously public education. And when I say, `public education," I don't mean just having the opportunity to tell people to wear mosquito repellant. It's really having the opportunity to spend quality time with homeowners, with associations, with schools, with any forum that we're invited to talk about all the different things that are the personal responsibility of the resident to engage with us. I think it's -- you know, I think there's a perception that if you're not young, pregnant, or about to become pregnant that Zika and disease is not your concern. And the reality from what we've learned is that we, the human being, are the carrier. It's not just the vector and the mosquito that's the carrier. If you have a family, or if you have a friend who traveled to a country and potentially came back from a vacation and is infected, the symptoms are very mild; you may not even know you have this disease or any other disease. You attend a barbeque; there's mosquitoes in your back yard; you haven't done what you needed to do in terms of prevention, and therefore, you, yourself have a cousin who's attending, and that person is either pregnant or about to become pregnant, and you 've created an environment that potentially could lead to the transmission of this disease. So, you see before you just one example of multiple iterations of our new campaign, our refreshed campaign. We're calling it "Fight the Bite! Drain and Cover," and it has multiple message. And, you know, the jury's out on community education and what works, and what doesn't work, but we refuse to give up. And so, you know, I'm here to tell you that we have resource available to you and to your staff, and we've made them available. We have multiple collateral pieces. We've trained all of our enforcement officers in Miami -Dade County, as well as offering the opportunity to the cities to participate in refresher training. We did one last week. We had over 200 enforcement officers participate in that. And our message is, again, we're here. We're a resource. We're available to you and to the community for education purposes. Every single person in our County that engages with the public has the collateral pieces, the information; we have door hangers, and we continue to make sure that everyone understands not only what we're doing programmatically from a prevention perspective and a treatment protocol, but also what the public can do to make sure that their homes, that they've drained, and that they've covered standing water anywhere, that they've looked at their gutters, that they make sure that they protect themselves, because you live in Miami you wear sunscreen; you need to wear a mosquito repellant. And there are multiple things that the public can do to be our partner, and it's a very important part of our overall program to make sure that we educate everyone. You've heard a lot about emerging technologies, in terms of treatment plans, and we're monitoring those very closely. We're watching what's happening in the Keys, mosquito control district, with their deployment of the Wolbachia mosquito. It is something that we are interested in understanding. There are regulatory -- there's a regulatory framework at the Federal level that has to be finalized, and we're watching what is happening. We are certainly open to understanding those technologies. We want to make sure that we're in the forefront of knowing and being able to do whatever's in the best interest of this community. So I'm here to tell you that we're ready. We continue to be ready. I personally -- I mean, I'm a Deputy Mayor, and I personally spend many, many hours of my time and my life committed to making sure that we City of Miami Page 15 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 are protecting the health of this community, and I'm extraordinarily proud of our efforts, and extraordinarily proud of the relationship with both the City of Miami and the City of Miami Beach; extraordinary effort during the height of our situation last fall. So thank you very much for the opportunity. I'm available to answer any questions you may have, and certainly look forward to the continuing exchange. Chair Hardemon: Commissioner Gort. Commissioner Gort: I have to tell you, my house was visit three times, so that was very good, going door to door. I think you did a job. And it's great that we 're working together as a team. That's the way it should be. Deputy Mayor Hudak: Thank you. Commissioner Gort: Thank you. Deputy Mayor Hudak: Thank you. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you very much for coming and updating us. My favorite part of what you said had to do with the education; that it's not about an infected mosquito, but about infected people, because I think the red boxes that were created, created a misconception about where the danger could be, and it created a false sense of ease outside of the red boxes where everyone should be vigilant within the entire community. So thank you, and I hope that part of the education really -- Deputy Mayor Hudak: Thank you -- Vice Chair Russell: -- takes hold. Deputy Mayor Hudak: -- Mr. Vice Chairman, and that certainly was a struggle for all of us, and a struggle for our Mayor. And in terms of messaging, you'll notice that he ended all his messaging not only with talking about protection, but also sexual transmission. It's an issue that was not discussed at length, and we felt that there was probably more of that happening than we were aware. So I appreciate your comments. Chair Hardemon: A couple things. First, I know that this is creating lots of jobs, and you 've stated that you're bringing another 40 individuals to help with this. I think, when you start to match those jobs to areas of our communities that have issues with employment, that'll be a great thing also, because what you can do, you can give those individuals who may be there seeking jobs some temporary relief and they can educate their neighborhood about what's happening with the mosquito population. I think that that would be a great initiative, especially with the type of resources that the County receiving to aid in mosquito abatement. So, if you can help us with that, that'd be wonderful. And one thing I haven't heard a lot about from the County is traps. You know, we've used traps within the City of Miami, and we found them to be successful, and it gives individuals who are in those neighborhoods some peace of mind, because they can actually see the type of insects that are caught into these traps. They're not -- they're nonchemical based, so they're not harmful to the environment; they're only harmful to the mosquitoes that get caught inside of them, or any other insect that gets caught inside of it. And so, we would love to see you invest into those, because if you can put a couple traps every mile radius, you can give at least some comfort to that neighborhood that, okay, in this neighborhood, we know we have 10 traps, so mosquitoes are being attracted to those traps, and they're being eliminated in that fashion. What I've heard is that the City of Miami Page 16 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 State, especially, is more concerned with research about the type of mosquito that has been found to transmit the disease, but like everything else, I mean, as we move on, we find out that then another mosquito -- type of mosquito transmits, and then another one, and then something else. So, you know, we -- especially, I believe that it shouldn't necessarily -- research is important, but protecting people and their peace of mind is also a great issue that we need to conquer. And so, if we're able to put traps in those peoples' yards, I think it gives them that peace of mind. And I know that there's the research out there about, you know, deployment of other types of mosquitoes -- I've called them "super mosquitoes" or -- to help with it, but I think that will cause panic in the neighborhoods, because -- I mean, all over the television, we're being told, "Guard yourself against mosquitoes. Fight the bite." And then all of a sudden, they drop, you know, a thousand new mosquitoes in the neighborhood. I just -- I understand that it's supposed to control the population, but the peace of mind of the people that live within these communities, and those of us who put traps to catch the mosquitoes, I think they would probably feel better if we just try to give them preventative methods and not, you know, test them with new technology that isn't quite proven. So I'm one of those persons that was personally affected, especially by the scare. My wife was pregnant at the time that we -- that the Zika came into picture, and it took us more than six months to learn the results of her testing. And so we didn't know until the baby was born whether or not she was affected by Zika, and that's a scary thing. When your child is being born, that you're thinking about whether or not they have Zika, that's not something that I think anyone should have to worry about. And so, luckily for me, my child 's skull radius is abnormal, is big. She has a big head, but, you know, that's not the same for everyone. And so we just want to ensure that -- Commissioner Gort: More brain. Chair Hardemon: -- the people in the neighborhoods have some peace of mind and they're protected, and we can utilize ways of doing that that are just common sense and are acceptable to the general population of people and not, you know, experimental in nature, so much so that it causes hysteria in the neighborhoods. Deputy Mayor Hudak: A couple just remarks based on your comments. And congratulations on your baby. Chair Hardemon: Thank you. Deputy Mayor Hudak: First of all, as it relates to traps -- and, you know, when I spoke about our surveillance system, traps are obviously a part of our surveillance system. That's how we're able to know what's happening out in the community. We have at this point over 120 traps, and our goal is to deploy as many as necessary to be able to make sure that we have that coverage of the one square -mile radius. For purposes of what we're doing with those traps is, we're gathering -- and "research," I think, is probably not the right way to describe what we're doing. We're using those traps to basically be able to detect and understand where the -- we know that in this community, the aedes aegypti and perhaps the aedes albopictus are the two species that are the vectors that transmit disease, so -- and it's the female specifically, so we are -- when our scientists are looking at the information that's coming back from those traps, we are, in fact, doing a dissecting of what types of mosquitoes, and where we have those high counts. Immediately upon knowing that, we are deploying resources. So we're deploying ground inspections, we're deploying potentially, you know, treatment. So we're using that information not for necessarily research, as it's been characterized, but for purposes of operational decisions relative to treatment. I'm familiar with the traps that the City has deployed, and those are, again, a tool that certainly is available to residents. It is not from the perspective of the CDC (Centers for Disease Control) a treatment or a protocol that City of Miami Page 17 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 can be used for purposes of determining treatment. And so we -- the traps that we're using are what has been defined in terms of a protocol for purposes of being able to deploy and to do the analysis necessary to deploy treatment. But I do believe that what you're doing is a very effective way of homeowners -- The CDC has described to us that in order for those to be effective, you would have to deploy about three traps per home, and so you can imagine -- and the magnitude of the geographic area of Miami -Dade County -- what it would take to deploy that type of trap to every single home in this community. But we are very interested in learning more about what you're doing, and they're available commercially. I've seen them at Bed Bath & Beyond and at Home Depot, like many other tools that are available to residents, and they should use them. Chair Hardemon: So part of the issue -- and I appreciate your comments about the CDC. The CDC goes about trying to educate all of us in the community about, you know, the disease state, available treatment for it; and the State is certainly giving money towards finding cures, if you will, or treatments for Zika. Unfortunately, it doesn't do anything for the mental health of the individuals that live in these neighborhoods, so -- and that's why I say, no matter how much you tend to learn about it and say, "Okay, if I have this super mosquito and I put this one out, and that kills only the female mosquitoes," then it does a good job, and you can sit at a very high level. But in the neighborhood, they don't see that. All they see is they have more mosquitoes now, and the person responsible for it is the County. The constituent is not -- they can't tell the difference between -- we don't know what type of mosquito that is. The constituent has no idea what mosquito just bit them. They just know that they were bitten. Deputy Mayor Hudak: No, I understand that. Chair Hardemon: And most of the time they don't get a chance to really see the mosquito; they may kill the mosquito. Deputy Mayor Hudak: That's why -- Chair Hardemon: And so -- Deputy Mayor Hudak: -- treatment is such an important -- Chair Hardemon: Right. Deputy Mayor Hudak: -- part of our protocol. Chair Hardemon: So -- And moreover, the traps tend to be expensive. So if you have a -- you described that they need about three traps per household. If a trap averages $150, and you're in a neighborhood that's stricken by poverty, how do you afford to protect your community? And so those are the things that we think that the County can help assist in with those Federal -- those State dollars and -- that they're receiving to put some assistance into those neighborhoods where they can't afford to be as preventative as you would like. So not every neighborhood has tires with still water in them, you know. They can clean their gutters, but it still may not protect them from mosquitoes. And so that's what we're asking for. Those individuals who don't have central AC (air conditioner), who have to open their windows, who don't have proper screen doors; they have barred windows and -- of that nature, and they need to keep fresh air, those are the homes that are suffering from mosquitoes. Those individuals who have to sit outside because it's too hot, they're on fixed income, and this is where they spend most of their time, those are the ones we're talking about protecting. So I'm not telling you what to do, by any means. I'm not in City of Miami Page 18 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 a position to do that. All I'm asking is that you give some real thought to individuals Deputy Mayor Hudak: We'd be happy to do that. Chair Hardemon: -- who are in these neighborhoods, who live a little differently than those of us who make decent salaries. They need extra protections, and I think that we're in a position where we can help them if we work smartly. And so -- Deputy Mayor Hudak: We'd be happy to do that. And, you know, obviously, we'd be happy to priori -- and we have prioritized those neighborhoods for purposes of inspections and treatment, and so we'd be happy to continue to follow up on that, Mr. Chairman. Chair Hardemon: Thank you. Is there anything else? No? All right. Deputy Mayor Hudak: Thank you. Chair Hardemon: Thank you so much. PA.2 PERSONAL APPEARANCE 1953 PERSONAL APPEARANCE BY STANLEY FOODMAN, CHAIRMAN OF THE AUDIT ADVISORY COMMITTEE REGARDING VACANCIES ON THE COMMITTEE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item PA.2 was continued to the May 11, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item PA.2, please see "Order of the Day." PA.3 PERSONAL APPEARANCE 2003 PERSONAL APPEARANCE BY FLAGLER DISTRICT STAKEHOLDERS REGARDING DELAYS IN THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT. RESULT: PRESENTED Note for the Record: For further minutes referencing item PA.3, please see items FR.3, RE.6, and NA.1. City of Miami Page 19 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: There's another personal appearance that we have on the agenda. It's the personal appearance for the Flagler Street Construction Project. Is the representative here? "Me llamo"Flagler. How you doing, sir? Terrell Fritz: Good morning. Chair Hardemon: Good morning. Mr. Fritz: Regarding item PA.3, Mr. Chair, Mr. Vice Chair, and Commissioners, my name is Terrell Fritz. I reside at 111 East Flagler Street. I'm also working with the Flagler property owners in the downtown Miami partnership to explore a new business improvement district. And I love Flagler. On February 23, on behalf of the Flagler Street stakeholders, I sent a memo to the Mayor and Commission, stating: "When initially proposed that the Flagler Street Beautification and Reconstruction Project captured the attention and excitement of business owners, property owners, and residents in downtown Miami alike. As a result, and based on representations made by the City, all three sectors galvanized to successfully lobby to be self -assessed $1 million for the right-of-way infrastructure project that was long promised by the City. A full year into delayed construction, we cannot sit idly by and watch as the lack of progress destroys downtown district businesses, retail stores, and restaurants. As stakeholders in the economic success of the most historic street in the City of Miami, we refuse to be held hostage by a contractor failing to fulfill contractual commitments to the City, its residents, property owners vested in the long-term success of the Flagler corridor, and those conducting business within the Central Business District. Unified, we demand a remedy to this problem, including a comprehensive strategy to complete the Flagler Street project, a definitive project schedule that provides transparency and predictability, and a project management system that includes accountability." Forty -- we had 40 signatures to the memo. We have nine of those stakeholders here who signed up to briefly address you, representing the commercial property owners, downtown businesses, and downtown residents. Thank you. Chair Hardemon: Thank you, sir. David Lederman: Good morning, Commissioners. My name is David Lederman, offices at 318 Northwest 23rd Street, Miami, Florida 33127. I'm vice president and in-house counsel for M Management, Inc., doing business as Mana Wynwood and Mana Miami. Since 2014, Mr. Moishe Mana has purchased 26 properties within the Flagler corridor, with a total assessed value of more than $150 million. We are arguably the most invested party in the Flagler corridor in downtown Miami. Our vision is a comprehensive revitalization and rebirth of the past and future epicenter of downtown Miami, which is the Flagler corridor. Unfortunately, this vision is being hindered by the delays in the Flagler Street Beautification and Reconstruction Project. We were excited when the project first broke ground in January of 2016. However, it's been more than a year that this project has only completed one short Block in front of the Miami -Dade County Courthouse, as you might -- probably are all aware already. It's nearly impossible for us, as such a large investor in the future of downtown Miami and Flagler, to attract new tenants and re -- frankly, retain our existing tenants during this construction, and the uncertainty regarding a completion date for the construction is causing other ramifications; namely, it prohibits current tenants from committing to more than one year lease terms; tenants have no defined timelines when foot traffic will return; as property owners, we are unable to define fair rental rates for our tenants; it is inhibiting us from completing our long-term design and buildout of our vision for the Flagler corridor, which, by the way -- and I'd like you all to please hear me out. We've already invested, as I mentioned, well over $150 million. Our buildout and our vision will be hundreds of millions of dollars. And this may sound a little corny, but I was born and raised in Miami; a City of Miami Page 20 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 third generation Miamian. And, frankly, I was driving over here today -- and I'm going off script -- but, you know, Moishe Mana has invested probably $500 million in the City -- jurisdiction of Miami, City of Miami. And much like Flagler, who this street is his -- the namesake for Flagler Street -- Moishe Mana is risking everything. He's betting on Miami. He's betting on my hometown, our hometown. And he's doing it with a lot of people guessing, he probably -- he won't succeed. He's a visionary; he puts his money where his mouth is, and we believe -- that's why we're wearing these. We love Flagler, we believe in Flagler, we put our money where our mouth is, and we're suffering. And lastly, again, as a native of Miami, it hurts me every week -- as the attorney and in-house counsel, I work with every one of our tenants, and on a weekly basis, I personally deal with mom-and-pop, small business owners, to save them from closing and going bankrupt, okay? I see it all the time, and we try to work everything out. Mr. Mana's worth a lot of money, but no one's worth infinite amounts of money. And we try to save each and every business, and it hurts me personally inside, because my father was a small business owner in Miami. He put me through college that way. I put myself through law school, but that's another story. But we're facing mounting losses every month, and it's getting worse and worse. So, to summarize -- and thank you so much for your attention, because I know you have so many things begging for your attention -- it's imperative that the City of Miami finds some way -- and you are our City of Miami, Commissioners -- to work with the current contractor or another one. If we have to get rid of the current one, let's get rid of him. Whatever this is going to take to be a success for the future and, frankly, the short-term future and the long-term future, we want to all -- we all in here, I think, want to see a very prosperous Flagler Street, for so many reasons. So what do we need to do? If it's not this contractor, there's another one, and you have the power and the authority. That's why we come to you today, and we ask you, respectfully, to utilize that power and authority to work with the City Manager, work with your professional City Attorney law firm, if you will, to identify a definitive project schedule that provides transparency, predictability, and most importantly, enforces accountability, whether it's this contractor, another one, or multiple. Thank you very much for your time and attention. I appreciate it. Chair Hardemon: Thank you, sir. (Applause) Sherman Canter: Good morning, Commissioners. My name is Sherman Canter, and I'm here today representing Sergio Rok, president of Rok Enterprises, 48 East Flagler Street, Penthouse 105; Miami, Florida 33131. Mr. Rok is on -- out of town today, but has asked me to read the following statement into the record: `I regret that I'm unable to attend in person today, but I want to thank you for allowing the stakeholders along Flagler Street to come before you. As most of you know, my late father, Natan Rok, and I have invested and believed in the Flagler district of downtown Miami for over 40 years now. Since the late 1970s, we have owned commercial properties in the district, and I currently own 16 properties with a total market value of more than $100 million. I understood from the beginning that the Flagler Beautification Project would be challenging. Some of the infrastructure beneath the street is approximately 100 years old. However, that" not -- "should not come as a surprise to this City or the contractor that won the bid to build it. Continually, since the project broke ground a year ago, the stakeholders have been presented with conflicting information and shifting commitments to get the job done. Existing tenants in downtown Miami have seen a steady decrease in foot traffic, increasing vacancy in advance of the project, and all the blighting conditions that come along with it. New tenants? Who would possibly sign a lease when there's no plan in place to complete the project? Flagler Street is one of the most historic and important streets in the City of Miami. We deserve better. The City must develop a City of Miami Page 21 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 comprehensive strategy to complete the Flagler Street project. Thank you. Sergio Rok." Chair Hardemon: Thank you, sir. Steven Klein: Good morning. I'm Steve Klein, representing Brickman Real Estate Investors, with properties throughout the City of Miami, including Courthouse Tower at 44 West Flagler Street. Since March of 2016, Brickman has invested more than $70 million within the City of Miami, and specifically along the Flagler Street corridor in the Central Business District of downtown Miami. Part of our investment strategy is to work hand in hand with the City and other private sector owners to bring value to the neighborhoods in which we invest, and we're a big believer in the metamorphosis that's taking place in downtown Miami. That's the situation we thought we were getting into when the Flagler Beautification Project broke ground in January of '16. You cannot imagine our frustration with the current situation. The City's management of the overall project, the contractor's seemingly lack of progress, and the unbelievable lack of detail and commitment to get the job done are just unacceptable. Frankly, it's a veritable war zone in front of our Courthouse Tower property. We're investing more than $5 million in improving this property, and we can't even get people to walk in our front door to consider leasing retail and commercial office space. I want to thank the City Commissioner -- the City Commission for this opportunity to appear in front of you to express our concern, but as property owners of two buildings that will be directly impacted by this project, we need a schedule that will provide predictability for future investment and accountability. Thank you for your attention in this matter. Chair Hardemon: Thank you very much. Is there a representative of the group? I thought that there was going to be a representative of the group that was going to speak on behalf of everyone, because this is the personal appearance time, so we typically use this as a way to address the body regarding an issue. And so, I don't want to turn it into more of a public comment time, so if we can round it up, because I know that many of the Commissioners feel exactly the same way. Mr. Fritz: Mr. Chair, it should sum up pretty quickly. We are not a formal organization, so there's no -- Chair Hardemon: I understand. Mr. Fritz: -- no way that I can represent. So I've asked the property owners and stakeholders to be brief. I'll come back at the end and be willing to take any questions that you have. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Also, I mean, we have some items that deals with this issue; I think it's FR.3 and RE.6, so maybe we could say that they're speaking on behalf of those items, too. Chair Hardemon: Okay. Commissioner Carollo: You know? So we could listen to everyone, because I think -- Chair Hardemon: All right, that's fine. City of Miami Page 22 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Carollo: -- if they came here, I think we should allow them to speak, and we should be able to listen to them. Unidentified Speaker: (UNINTELLIGIBLE) public hearing. Chair Hardemon: Well -- David Norton: Good morning, gentlemen. I'm here on -- My name is David Norton. I'm the vice president of the Miami -- the Downtown Neighbors Alliance. We're an association for downtown residential building and downtown residents. I myself am on the board of One Miami, which is just between the Intercontinental and the river. I'm speaking on behalf of President Amal Solh Kabbani, who couldn't be here today, and the whole of our membership, and naturally myself. So I'd just like to say the following on behalf of everybody: The economic health of downtown Miami is absolutely key to a successful business district along Flagler Street, Miami's most historic main street. It's also key to the quality of life for those of us who live downtown, and the desirability of the area is a destination for visitors from around the world. The delay in the current Flagler Beautification Project is creating a serious threat to that economic health and damage to the image of downtown Miami. Each month, more business -- more businesses close on Flagler Street, and the neighborhood that was moving towards total revitalization just a few years ago is suddenly deteriorating instead. Now, with such deterioration comes a complete lack of activity during the day, and really frightening and unsafe pedestrian conditions at night. As a result, our homes become less desirable places to reside, and less marketable properties in which to invest. Downtown residents moved here to enjoy the life -- the live, work, and play environment that an urban community can provide. The Flagler district of Miami should be one of the finest. Please, do whatever it takes to move this project forward, and to help us to realize the downtown Miami that we all richly deserve. Thank you very much. Chair Hardemon: Thank you very much. Maria Gralia: Good morning, Mr. Chairman, Commissioners. My name is Maria Gralia. I'm with the law firm of Stearns, Weaver, Miller, with offices at 150 West Flagler, which is known as Museum Tower. I'm here today to address the concerns of my firm, Stearns, Weaver, Miller, as well as the concern of the Gary Ressler, who was unable to be here today. By way of background, Mr. Ressler is with The Tilia Family of Companies, and they represent a significant investment in downtown Miami, with two major properties in the Flagler district, which includes the Alfred I. Dupont Building, at 169 East Flagler, a major historic asset in the City. Mr. Ressler represents The Tilia Family of Companies as a board member of the Downtown Development Authority. He is also the president of the Downtown Miami Partnership, and annual active member of the Flagler Streetscape Task Force. Mr. Ressler asked that I read the following statement today: "As a member of the Flagler Street Task Force, it is impossible for me to overstate my frustration with the Flagler Street Beautification Project. From meeting to meeting, over a period of years, since approximately 2011, including design, procurement, and construction, stakeholders have been presented with unfulfilled promises and misrepresented information. The project finally broke ground in January of 2016, and since then, the situation has continued to deteriorate. City staff has demonstrated a consistent inability to manage the construction project, negotiate a schedule, or even communicate the most basic understanding of current status of the project. As stakeholders were left misinformed, confused, and frankly, deceived regarding the expectations, how can we possibly hope to lease properties and support downtown businesses in an environment of complete and utter neglect? Flagler property owners agreed to allow the City to assess ourselves to help pay for this project, and then successfully lobbied the County for its contribution. We are owed a project management system that includes accountability City of Miami Page 23 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 for all parties involved, including the City's contractor, FH Paschen, who has shown nothing short of contempt for this project and our community, as well as the City CIP (Capital Improvement Projects) Department, which has allowed the contractor's behavior without impunity." I would also like to say a few words for my firm. Although our office is located outside the property boundaries, we are directly impacted by the extended disruption and concern over the lack of progress. Coincidently, last Friday and this past Monday, one of my partners repeatedly passed by the project site, and did not observe one worker -- two days, Friday and Monday -- and did not observe a worker. I passed by there yesterday; again, no workers. This lack of progress is extremely concerning, and we are here to express our deep concerns. Thank you. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: As the Commissioner for the district and the Chairman of the DDA, I can recognize that this sentiment is universal. I'm thinking maybe we can move this along in a quicker way and address their actual issues by -- if it's the will of this board -- moving both FR.3 and RE.6 during this PA (personal appearance) item - Commissioner Suarez: Second. Vice Chair Russell: -- so that these fine business owners can get back to Flagler sooner and see that we have dealt with the issue. That way, they can also speak directly to those items that they have a specific comment about them, if we pass those issues now. Commissioner Suarez: Second. END OF PERSONAL APPEARANCES City of Miami Page 24 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 1887 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEE FOR THE USE OF THE PARKING LOT AT THE COMMODORE RALPH E. MUNROE MARINE STADIUM PURSUANT TO SECTION 53-53(B)(1)(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "RENTAL RATES AND ASSOCIATED CHARGES AND CONDITIONS/SPECIAL CHARGES, TERMS AND CONDITIONS", FOR FINS WEEKEND, HOSTED BY THE MIAMI DOLPHINS FOUNDATION, FROM MAY 15, 2017 THROUGH MAY 21, 2017. ENACTMENT NUMBER: R-17-0164 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.1, please see "End of Consent Agenda." CA.2 RESOLUTION 1893 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE FEE OF THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00) FOR THE USE OF THE PARKING LOT AT THE COMMODORE RALPH E. MUNROE MARINE STADIUM ("MARINE STADIUM") PURSUANT TO SECTIONS 53-53(B)(1)(C) AND 53- 53(B)(1)(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "RENTAL RATES AND ASSOCIATED CHARGES AND CONDITIONS", FOR THE ORANGE BOWL PADDLE CHAMPIONSHIP EVENT, SPONSORED BY O. B. FESTIVAL EVENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND SCHEDULED FOR THE BENEFIT OF BIG BROTHERS BIG SISTERS OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, ON JUNE 3, 2017. ENACTMENT NUMBER: R-17-0165 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.2, please see "End of Consent Agenda." City of Miami Page 25 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 CA.3 RESOLUTION 1903 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR THE PROVISION OF WATER AND SEWER SERVICES FOR THE DORSEY MEMORIAL LIBRARY, CAPITAL PROJECT B-30531. ENACTMENT NUMBER: R-17-0166 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.3, please see "End of Consent Agenda." CA.4 RESOLUTION - Item Pulled from Consent 1907 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY FOR THE MAINTENANCE OF DELINEATORS ALONG SOUTHWEST 22 AVENUE BETWEEN CORAL WAY (S.R. 972) AND US-1 (S.R. 5), MIAMI, FLORIDA. ENACTMENT NUMBER: R-17-0169 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Note for the Record: For further minutes referencing item CA.4, please see "End of Consent Agenda." Commissioner Carollo: I'm sorry. In CA.4, I'm a "no." Chair Hardemon: Okay. Commissioner Carollo: Show me, CA.4 a "no." Todd B. Hannon (City Clerk): Then we'll need to vote on that one separately, sir. Chair Hardemon: Yeah. Mr. Hannon: So the idea would -- could be -- Chair Hardemon: No. Mr. Hannon: -- the motion, Suarez/Carollo, 5-0 for CA.1, 2, 3, 5 and 6, and then we'll vote on CA.4 separately. Commissioner Suarez: (UNINTELLIGIBLE) CA.4. City of Miami Page 26 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 CA.5 1962 Office of the City Attorney Chair Hardemon: Motion on CA.4. Commissioner Suarez: Yeah. I'll move CA.4. Chair Hardemon: Seconded by Commissioner Carollo. Commissioner Carollo: Sure, second. Chair Hardemon: I'm sorry. Yeah. Vice Chair Russell: Second. Commissioner Carollo: Sure. Commissioner Suarez: Yeah. Chair Hardemon: No, no. Commissioner Carollo: Second. Commissioner Suarez: He can vote against it, even if he seconds it. Chair Hardemon: Right. That's true. All in favor, say "aye." Commissioner Suarez: Aye. Commissioner Gort: Aye. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF YANEISYS TRIANA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $110,850.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT, A SEPARATION AGREEMENT AND A GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $110,750.00 FROM INTERNAL SERVICE FUND, INDEX CODE NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0167 City of Miami Page 27 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 CA.6 1803 Department of Parks and Recreation This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.5, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A GRANT IN THE TOTAL AMOUNT NOT TO EXCEED FIFTY- THREE THOUSAND FOUR HUNDRED SIXTY-TWO DOLLARS ($53,462.00) ("GRANT") FROM THE HEALTH FOUNDATION OF SOUTH FLORIDA ("FOUNDATION") TO THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF PARKS AND RECREATION ("DEPARTMENT"); AUTHORIZING THE CITY MANAGER TO ALLOCATE AND APPROPRIATE FROM PROJECT NUMBER B-173515 A NOT TO EXCEED TOTAL AMOUNT OF EIGHTY-SIX THOUSAND TWO HUNDRED FOURTEEN DOLLARS ($86,214.00) FOR WHICH INCLUDES (1) A CITY MATCH NOT TO EXCEED SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) ("CITY MATCH") AND (2) CITY IN -KIND SERVICES NOT TO EXCEED SEVEN THOUSAND TWO HUNDRED FOURTEEN DOLLARS ($7,214.00) ("CITY IN -KIND SERVICES") FOR THE PURCHASE, CONSTRUCTION, AND INSTALLATION OF OUTDOOR FITNESS EQUIPMENT AND RELATED PARKS CAPITAL IMPROVEMENTS, COMMENCING APRIL 1, 2017 THROUGH MARCH 31, 2018 FOR THE "CREATING MORE ACTIVE CITY COMMUNITIES PROGRAM AT HADLEY PARK" ("PROGRAM"); AUTHORIZING THE CITY MANAGER TO CREATE A NEW CAPITAL PROJECT NUMBER FOR THE PROGRAM, TO AMEND THE CITY'S CAPITAL PLAN AS NECESSARY TO INCLUDE THE NEW CAPITAL PROJECT NUMBER FOR THE PROGRAM, TO CREATE THE NECESSARY ACCOUNTING STRUCTURE TO ACCOUNT FOR THE GRANT FUNDS IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES ("GAAP") AND TO COMPLY WITH GUIDELINES SET FORTH BY THE FOUNDATION AS GRANTOR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AWARD AGREEMENT WITH THE FOUNDATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("GRANT AGREEMENT"), AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO THE GRANT AGREEMENT FOR COMPLIANCE WITH THE GRANT AGREEMENT AND TO IMPLEMENT THE PROGRAM. ENACTMENT NUMBER: R-17-0168 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item CA.6, please see "End of Consent Agenda." END OF CONSENT AGENDA Note for the Record: For further minutes referencing item CA.4, please see item CA.4. City of Miami Page 28 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: Commissioners, I'd like to ask for a motion to approve the consent agenda. That's items CA.1 through CA.6. Commissioner Suarez: So moved. Commissioner Gort: I have a question in CA.4. Chair Hardemon: Okay. Unidentified Speaker: (UNINTELLIGIBLE). Chair Hardemon: Thank you. It's been properly moved and seconded that we approve CA.4. Commissioner Suarez: Do you want to pull something? Commissioner Carollo: Yes. I would like to pull CA.1 and CA.2 and CA -- Chair Hardemon: Is it that you want to just talk about it or you want to vote -- you may want to vote against it? Commissioner Carollo: I think I want to talk about it. Chair Hardemon: Okay, then we can have a discussion. We'll still talk about it. Commissioner Carollo: So we're going to go -- Chair Hardemon: Well, the motion is for CA.1 through CA.6, and now we're going to open up discussion, and I'll allow you to discuss any item in there that you want to talk about. Commissioner Carollo: Understood. So we're not going to take a vote yet. We're just going to -- Chair Hardemon: Exactly. Commissioner Carollo: Understood. Chair Hardemon: You have anything? Commissioner Gort: Yes. CA.4, I had to go to the dictionary to find out what that word meant, "the delineator." Let me see if I can even pronounce it. "Delineator." Chair Hardemon: Delineator. Commissioner Suarez: What is the question? Chair Hardemon: He wants to know what "delineators" mean. Commissioner Gort: I had to go, and they had to explain it to me. Commissioner Suarez: So -- Mr. Chair, ifI may? Chair Hardemon: Yes. City of Miami Page 29 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Suarez: We are redoing 22nd Avenue, between US 1 and Coral Way, and it's a project that is a couple million dollars. And in the meantime, before we actually start that project, the County has allowed us to essentially replicate that project temporarily so that the condition that that project is going to create will be replicated through this temporary project. And obviously, our residents are extremely excited about the 22nd Avenue project, because it's going to cut off a lot of the cut - through traffic that comes from 27th to 17th and from 17th to 27th, in the Silver Bluff area. So what the County allowed us to do in the meantime, before actually doing the full project, which will take time, is to mimic the project with delineators so that it has the same impact, so that the community gets the impact immediately, rather than have to wait a year or two for the project to be done and then get the impact. Commissioner Gort: So my understanding is, the responsibility goes to the City of Miami for the maintenance of the delineators, right? Commissioner Suarez: Yes. Commissioner Gort: I know in our community, I don't think -- okay -- they're going to be lasting very much. They're going to be knocking down quite a bit, but -- all right, okay. Thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. And I'll speak on CA.4, since that's the one that we're speaking on right now. When I first saw this, I have to admit, I cringed a little bit, because it reminded me of when we were at a meeting -- and you were there -- Commissioner Suarez: Yeah. Commissioner Carollo: -- for 17th Avenue, and you saw how many people actually complained about closing those streets and stuff like that. Commissioner Suarez: Right. Commissioner Carollo: So when I saw this, I was like -- I cringed, because some like this of closing -- and it's not closing of streets, but closing access to making various turns. Again, I remember from the meeting we had for 17th Avenue, and there was a lot of people against something like that. So I haven't been to any of the meetings for 22nd Avenue, so I'm very wary about voting for this. I will probably say that -- and again, you know, I hardly ever get invited to the Silver Bluff meetings. Commissioner Suarez: Yeah. Commissioner Carollo: You know, I did for that one on 17th Avenue; I have not for 22nd Avenue, butt will really want to know how the residents feel, because just like we saw earlier today, a lot of residents could be all excited about a project, but once it actually starts being constructed and stuff there's a lot of issues, so that's where my hesitation is. Commissioner Suarez: So I'll just explain a little bit more in detail. So on 27th Avenue, the Florida Department of Transportation redid the medians on 27th, and what they did was they blocked access to left turns. And we have another item, which is restricting access to left turns during certain times, basically rush hour. And what they did was they opened -- they left a couple of them opened, so they basically City of Miami Page 30 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 funneled all the traffic from 27th Avenue that's making a left to Silver Bluff into one or two streets, where they blocked off three or four, and they funneled them into one. What we're doing on 22nd Avenue is the opposite. And so, there is no advantage then to cutting on that one street. You can't cut all the way through from 27th all the way to 17th. I could tell you that I agree with kind of the sort of concern that you're expressing. One of the hardest things to do as a Commissioner is find consensus on traffic control devices. I've learned that over eight years of doing this. But I can tell you, the 22nd Avenue project, which is a beautification project, in addition to a traffic mitigation project, is one of the few projects that has been universally supported by the Silver Bluff residents. In fact, they pushed for the delineators, because they understood that the project itself was going to take time and could take -- you know, as you know, could take -- let's just say -- Commissioner Carollo: Years. Years. Commissioner Suarez: -- it could take a long time, and it's going to cost a lot of money. What this does is it allows for the solution which it creates to happen immediately versus waiting a year or two years down the road for that solution to actually happen, and God knows how. In fact, I'll go a step further in saying the 22nd Avenue project was fully funded a few years ago -- okay? -- but the County had not approved it. They've had a change of administration in the County Public Works Department, and they now look at projects differently in terms of traffic mitigation and neighborhood preservation than they used to in the past. Before, they looked at 22nd Avenue as basically a thoroughfare, a way to move a lot of cars; and the residents, particularly some that live on 22nd Avenue -- have to pull their cars out and all that -- they're complaining constantly about the speed of the cars along 22nd. What this project will do is it'll create two traffic circles, two big traffic circles on 22nd, which will slow people down. It'll have vegetation, similar to Segovia in Coral Way -- in Coral Gables that goes from Bird to Coral Way, and it will undo a lot of what 27th Avenue did, what that FDOT (Florida Department of Transportation) project did on 27th Avenue by restricting access. So on 24th Terrace, for example, you can't cut all the way through from 27th to 17th. This would not allow that to happen. So it would not allow for that unrestricted cut -through. I'm just giving you the whole story. Commissioner Carollo: Understood. Commissioner Suarez: And so, we've spent a lot of time on this -- years, actually -- to get to this point. And the delineators are really just an acceleration of what could be a project that could take -- you know how long it could take. Commissioner Carollo: Yeah. Commissioner Suarez: That's it. Commissioner Carollo: Mr. Chair. Chair Hardemon: Please. Commissioner Carollo: Following up, yeah, I think the circles will be great for 22nd, and I have -- and I'll be -- I'll admit, I haven't seen the project. I just have the concerns with certain -- Commissioner Suarez: Sure. Commissioner Carollo: -- stopping, certain access to streets, because of -- we went through this issue with 17th Avenue. City of Miami Page 31 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Suarez: Sure. Commissioner Carollo: Now, I get it. I haven't been to these meetings -- Commissioner Suarez: Sure. Commissioner Carollo: -- so I do not know -- Commissioner Suarez: Right. Commissioner Carollo: -- but I'm hesitant -- Commissioner Suarez: Sure. Commissioner Carollo: -- and that's really the reason why. Now, beautification project, the circles, hey, I'm all for that. But you saw the anxiety and outright chaotic state of some of the residents when they knew that they were not going to have access to cut or turn into their blocks. Commissioner Suarez: Right. Commissioner Carollo: And that's why -- from that experience, that's why I'm so hesitant with this, Commissioner Suarez. Commissioner Suarez: And I will say this -- and I'll say this, Commissioner: There is no mitigation plan -- and I think you saw this also in the Roads, as well. There's no mitigation plan that I've ever seen, ever, in the eight years I've been doing this that a hundred percent of the people agree with. I promise you. So the best you can do is come up with a mitigation plan that the vast majority of the residents agree with. And I think, you know, in Silver Bluff it's meant, this 22nd Avenue project, to undo what 27th did that we have no control over; and secondly, a traffic table plan. So -- and some people, by the way, are not proponents of the traffic tables, and so what I've told them is, "Look, with traffic tables, they require concurrency, neighborhood concurrency"; meaning two/thirds of the block have to be on board with the traffic table and a hundred percent of the homes that the traffic table touches. So, `If you don't agree with a traffic table, I get it. I don't want to force my philosophy of what I think is good traffic mitigation down your throat. You're my boss. So if you don't concur with it, we won't do it." And there are some streets that have -- we have concurrency. We have the ballots, you know, for those streets, and there are some streets that we don't. And on the ones that we don't, we're not going to be able to do it. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. I want to touch CA.1 and CA.2 jointly to discuss it, and more than anything, bring it up to this Commission's attention, because I know we've had various discussion regarding the Miami Museum, the Marine Stadium, the flex park, and various events that we could host in the future, and I think we discussed a lot of those events, because we're looking at revenues that we're going to be able to pay for the maintenance, pay for the debt service, and so forth. So I think the Dolphins organization is a great organization. I believe the Orange Bowl organization is a great organization, but this is going to be a slippery slope, because if we start waiving these fees for these organizations, which, again, they're great organizations -- in the future, when Liberty City Optimist comes to us, when Overtown Youth Center comes to us, there is no way that we're going to be able to not allow them to get those fees waived. So it's going to start becoming very City of Miami Page 32 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 difficult for that event space to be self-sustaining, and I'm telling you from experience. I mean, you know, I happen to be the chairman of the only organization that actually is self-sustaining. And when you look at the whole County -- I don't know. Within the State, we haven't looked at it, but, you know, when you look at PAMM (Perez Art Museum Miami), and the museums, American Airlines Arena, even Zoo Miami, none of those are self-sustaining. So if we really want to consider the Miami Marine Stadium and that area to be self-sustaining, this is a slippery slope, because as soon as we start approving these waiver fees, there's going to be a lot of organizations that's going to come before us, and it's going to be very hard to tell them "no." So again, I will do the will of this Commission, but I felt, at the very least, a need to bring this forward, because I think that's a greater discussion that we really need to have about this. Commissioner Suarez: Mr. Chair. Chair Hardemon: I mean, I think it's a good point that he brings up. I think we've given a lot of assurances, at least to -- well, maybe to both of these organizations that this is something we're going to move forward with, but I would agree. You know, if there's another organization that doesn't have the financial dexterity of these organizations, priority possibly should be given to them for events to be had at an event space like this. But I'm comfortable moving forward today where we are, but I'm just glad that we're -- I'm happy that you brought up the discussion for us to be conscious of it, because I'm sure many people would like to use this space; and so, if we're going to waive costs, you know, you want to waive it for people where it could possibly have a huge financial relief to them, instead of a small maybe -- Commissioner Carollo: Exactly, and that's exactly my point. Because a lot of the conversations that we have had has been centered around this event space or park being self-sustaining, but already, we're going down a slippery slope, and I just -- I felt the need to at least bring it up to everyone's attention. If this is the will of the Commission that we want to go this path, I just -- I could tell you right now, even though these are great organizations, if I vote in favor of approving it, the waiver fees for these organizations, I'm going to have a very hard time when other organizations that are also very good in this community come before us for us not to waive the same fees. Chair Hardemon: Is there any other discussion on items CA.1 through CA.6? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. City of Miami Page 33 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 PH.1 1954 Department of Fire - Rescue PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF ONE (1) AIRHAWK AIR QUALITY AND EXHAUST REMOVAL SYSTEM ("AIRHAWK EXHAUST SYSTEM") AT FIRE STATION NO. 12 INCLUDING INSTALLATION FROM GARRISON MECHANICAL SERVICE CORPORATION D/B/A GARRISON MECHANICAL ("GARRISON") FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE") FOR AN AMOUNT NOT TO EXCEED $86,683.09 FROM THE FIRE -RESCUE GENERAL OPERATING FUND, ACCOUNT NO. 40-B70184.05.1426; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0161 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Is there a motion for PH.1 through 3, the PH (public hearing) agenda? Commissioner Gort: Move it. Chair Hardemon: Been properly moved by Commissioner Gort. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Any further discussion on these items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 34 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 PH.2 RESOLUTION 1968 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED $10,000.00 TO MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., FOR THE OPERATION OF A TWENTY- FOUR (24) HOUR SHELTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0162 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PH.2, please see item PH.1. PH.3 RESOLUTION 2015 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 TO THE CITY, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $50,000.00, TO BIG BROTHERS BIG SISTERS OF MIAMI, INC. ("BBBS MIAMI") FOR BBBS MIAMI'S MENTOR PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0163 City of Miami Page 35 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PH.3, please see item PH.1. END OF PUBLIC HEARINGS City of Miami Page 36 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 SR.1 SR - SECOND READING ORDINANCES ORDINANCE Second Reading 1173 TO BE INDEFINITELY DEFERRED Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS", PROVIDING FOR ADDITIONAL DEFINITIONS, AND ESTABLISHING A NEW SECTION 6-46, ENTITLED "SALE OR TRANSFER OF DOGS AND/OR CATS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item SR.1 was indefinitely deferred. Note for the Record: For minutes referencing item SR.1, please see "Order of the Day." SR.2 ORDINANCE Second Reading 1756 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT" MORE PARTICULARLY BY AMENDING SECTION 2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM", TO REINSTATE THE NONCONFORMING USE PILOT PROGRAM FOR PRIVATE USES THROUGH AUGUST 1, 2017; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item SR.2 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. City of Miami Page 37 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Note for the Record: For minutes referencing item SR.2, please see "Order of the Day. SR.3 ORDINANCE Second Reading 1921 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A TWO HUNDRED FORTY (240) DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR SPECIAL AREA PLANS, ACCEPTED PURSUANT TO SECTION 3.9 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR SPECIAL AREA PLANS ENCOMPASSING PROPERTIES ZONED AS CIVIC SPACE WITHIN FIVE HUNDRED (500) FEET OF BISCAYNE BAY; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13675 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For further minutes referencing item SR.3, please see "Public Comment for Regular Item(s)." Chair Hardemon: If we can move -- Commissioner Suarez: Move SR.3. Chair Hardemon: SR.3. Commissioner Carollo: Second. Chair Hardemon: It needs to be read into the record. The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Chair Hardemon: Seeing no further discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 38 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 1769 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION 16-6 TO ALLOW CANDIDATES FOR CITY COMMISSION OR MAYOR TO QUALIFY THROUGH A PETITION PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: FR.1. Commissioner Suarez: Thank you, Mr. Chair. FR.1 is an item that I'm bringing. It proposes to amend Chapter 16, specifically by allowing candidates for City Commissioner or Mayor to qualify through a petition process in addition to the current qualfication fee requirement. Florida Election Law allows candidates to qualify for nomination or election to a Federal, State, or Multi -County district office by either paying a qualifying fee or by the petition process, as provided in Florida Statute Section 99.095, or by paying both the fee and the qualifying by petition. In addition, this amendment to Section 16-6, specifically 16-6(g), defines the petition process that sets the amount of signatures or voters required. When signatures may be collected, it appoints the City Clerk as authority over the format of the petitions, specifies designations required to be stated on the petition and petition due dates. The intent -- Commissioner Gort: Second. Commissioner Suarez: What's that? Chair Hardemon: You didn't hear him. That was a second. And I think that suffices as being read -- Commissioner Suarez: All right. Chair Hardemon: -- into the record, as well. Commissioner Suarez: Second. That's fine. Chair Hardemon: Yeah. Is there any further discussion on this item? Commissioner Suarez: No. Chair Hardemon: Seeing none, all in favor, say "aye." City of Miami Page 39 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Suarez: It's a -- Commissioner Carollo: It's a roll call. Commissioner Gort: A resolution. Commissioner Suarez: Yeah. Chair Hardemon: All against? Commissioner Carollo: Roll call. Chair Hardemon: We don't have to. Commissioner Suarez: No, it's a roll call. There's got to be a roll call. Chair Hardemon: We don't have to. Commissioner Suarez: Oh, (UNINTELLIGIBLE). I don't know. Todd B. Hannon (City Clerk): My apologies. I didn't realize you read the title in the record. Chair Hardemon: No. We're saying, it doesn't have to be a roll call. It can be, but it doesn't have to be. Mr. Hannon: Yeah. The vote can be up or down. Commissioner Suarez: Okay. Chair Hardemon: It doesn't -- Commissioner Suarez: Okay. Sorry. Chair Hardemon: So all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 40 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 FR.2 ORDINANCE First Reading 1832 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL", MORE PARTICULARLY BY AMENDING SECTION 11.5-27, ENTITLED "PURPOSES, POWERS AND DUTIES", TO PROVIDE FOR ADDITIONAL AUTHORITY; AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL ("CIP") NOMINATING COMMITTEE", TO PROVIDE FOR REVISED QUALIFICATIONS, APPOINTMENT, AND NOMINATIONS OF MEMBERS; AMENDING 11.5-31, ENTITLED "PROCEDURES", TO PROVIDE FOR PROCEDURES FOR THE INVESTIGATION OF DIRECT FILED CASES, INVESTIGATION OR REVIEW OF INTERNAL AFFAIRS CLOSED CASES, TIMEFRAMES FOR AND COMPLETION OF INVESTIGATIONS AND REVIEWS, REVIEW OF POLICE POLICIES, PROCEDURES AND PRACTICES, AND ISSUANCE OF REPORTS; AMENDING 11.5-32, ENTITLED "SUBPOENA POWERS", TO PROVIDE FOR THE REVISED PROCESS IN ISSUING SUBPOENAS; AMENDING 11.5-34, ENTITLED "ADMINISTRATIVE ASSISTANCE; INDEPENDENT COUNSEL", TO PROVIDE FOR THE SELECTION AND DUTIES OF THE EXECUTIVE DIRECTOR, INDEPENDENT COUNSEL, AND ASSISTANCE FROM CITY OFFICIALS; AMENDING 11.5-35, ENTITLED "REVIEW AND APPROVAL OF ANNUAL BUDGET", TO PROVIDE FOR AN ANNUAL BUDGET NO LESS THAN ONE HALF OF ONE PERCENT (.5%) OF THE APPROVED GENERAL FUND BUDGET OF THE MIAMI POLICE DEPARTMENT WITH EXCEPTIONS AND BUDGET REQUEST REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item FR.2 was continued to the May 11, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item FR.2, please see "Order of the Day." City of Miami Page 41 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 FR.3 ORDINANCE First Reading 2012 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTION 54-224(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SUBSECTION 54-224(B) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL THE SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK CAFES ON OR NEAR FLAGLER STREET AND LOCATED BETWEEN BISCAYNE BOULEVARD WEST TO SOUTHWEST/NORTHWEST 1ST AVENUE, NORTH TO NORTHEAST/NORTHWEST 1ST STREET, SOUTH TO SOUTHEAST/SOUTHWEST 1ST STREET, MIAMI, FLORIDA, AS FURTHER DESCRIBED HEREIN; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For further minutes referencing item FR.3, please see items PA.3, RE.6, and NA.1. Vice Chair Russell: So first FR.3, I'd like to move, if that's -- Commissioner Suarez: Second. Chair Hardemon: So it's FR.3 and -- Vice Chair Russell: RE.6. Chair Hardemon: -- RE.6. Vice Chair Russell: FR.3 is the sidewalk cafe permit waiver, and RE.6 is the MOU (Memorandum of Understanding) between the City and the DDA (Downtown Development Authority) to implement a different management system. Chair Hardemon: So, it's been properly moved -- Commissioner Suarez: Second. Chair Hardemon: -- and seconded. However, I do want to open the floor for public comment from any individual that wants to speak on FR.3 and RE.6, you may join; any individual that wants to speak right now. So if you're here and you want to City of Miami Page 42 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 speak on those two items, this is your opportunity to speak. If not, then we'll continue on with the vote. Yes, sir, you're recognized. Brian Alonso: My name is Brian Alonso, 200 East Flagler Street. I'm here to speak on support of the Memorandum of Understanding between the City of Miami and the Miami DDA regarding the Flagler Street project. This is RE.6. I'm co-chair of the DDA Flagler Task Force, with Neisen Kasdin, after my late father started the project in 2011 with the DDA. Our committee started with the simple goal to revitalize Flagler Street, and there were many ways to get there, including marketing, lighting, connectivity, historic preservation, and streetscape improvements. The re -leveling of the roadway, widening of the sidewalk, and planting of shade trees became our top priority to achieve this goal. Our committee gave the design criteria to Curtis Rogers, and worked with them to finalize the design. Our team created a budget of $13 million, and convinced you, the City of Miami, to contribute $6 million. We worked really hard with the County to get an additional $6 million. Then we convinced the property owners along the street to contribute the final million dollars by resolution of this body several years ago. At this point, the City of Miami Capital Improvements wanted to execute the project, and this is where things took a turn, when we were largely excluded from decisions and given misleading information of completions. We were not permitted to be on the Selection Committee of the contractor, nor the selection of the engineering inspector, nor the public information officer; nor were we given information on engineering changes. Up until now, we are noticeably frustrated with the execution and performance of this project and our lack of involvement. Although our communication has improved lately, the spirit of the MOU will bring the DDA Task Force back into the decision -making process. We remain very excited for what is to come on the street, and we want to make sure this is completed correctly. Thank you. Chair Hardemon: Thank you, sir. Welcome. Jose Goyanes: Jose Goyanes, 4 Southeast 1st Street, Miami, Florida. Mr. Chairman, Commissioners, I took a little walk down three streets in the core of downtown Miami yesterday, and we have over 110 vacant ground floor retail spaces on 1st -- Flagler and 1st, and that does not include malls like Flagler Station, the 777 Building, or the Marshal's property. Last month at the DDA, we passed a resolution, with the unanimous vote of the entire board, to request that the City of Miami place a moratorium on fees and rents for sidewalk cafes until the completion of the Flagler Streetscape project. We also instructed our director to reach out to the Miami Parking Authority in asking them to provide parking at no charge during weekends in the Central Business District area. The Flagler construction, which hasn't really advanced in 1 year, 4 months, and 15 days, has affected most of the businesses in downtown area beyond Flagler Street, and I say that because what happens on Flagler directly affects all the other streets around it. Why? Because every other street around it is a one-way Street. So you somehow have to come back to that area if you want to go east or west or north or south. And I can tell most of you that you have avoided construction in other cities when this has happened. When Alton Road in Miami Beach was going on, you probably avoided that area. Currently, Miracle Mile is going through the same thing. I have not visited the area of Miracle Mile since they started breaking up that street. Today, Commissioners, I ask for your support on item FR.3 with a slight change. We would like the implementation of 2nd Street on the north and 2nd Street on the south as its boundaries. Thank you. Chair Hardemon: You're recognized, sir. Gerhard Zimmerman: Good morning, Commissioners. My name is Gerhard Zimmerman, and I'm speaking on behalf of Kirk Jewelers, at 142nd East Flagler City of Miami Page 43 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Street. My role is director of marketing. Kirk Jewelers is a family -owned and family -run business since 1947. Today, it is managed by the fourth generation, by the brother and sister duo, Jeff Newbauer and Allison Strongin. Jeff is out of town, and Allison is covering the store, which is why I'm here today. Kirk Jewelers is the only authorized retailer for Rolex and Patek Philippe in downtown Miami, two of the most prestigious watch brands in the world, as you might know. This year is a very special year for Kirk Jewelers. We are celebrating our 70th anniversary. Despite tempting offers to move our store outside of downtown Miami, we always stayed committed to Flagler Street. I presently heard the owner say many times, "The best times for Flagler Street are still ahead." Based on this belief a few years ago, Kirk Jewelers embarked on a multi -- a major multi -million dollar investment to create a world -class retail store, to hire qualified staff, and to rebrand the business. The result is a stylish boutique, where people say, "We never expected something like this in downtown Miami." I think this speaks for itself. We were truly excited when we finally learned two years ago about the Flagler Street Beautification Project. Unfortunately, as my other speakers here, we have been disappointed and disillusioned. What was anticipated to be a two-year project at most has now been going on for more than one year, with only one short block completed. Despite numerous inquiries, we have not been able to get a definitive completion date. The result was that our foot traffic is significantly down, despite the fact that the construction has not even reached our store. Flagler Street consists of mainly smaller family -owned businesses. Since they don't have the deep pockets of corporate America, many stores have already given up. If you walk Flagler Street today, you see many closed businesses, and the area looks shabby and run down. Moving forward, we ask for a comprehensive strategy to turn the Flagler Street project around, with a transparent and definitive schedule. We still believe the best times of Flagler Street are still ahead, but only if the City puts its full commitment behind this important project. Furthermore, we ask that the City gets more creative in providing support during these challenging times. For example, free parking on weekends, promotions to draw people to downtown, subsidize happy hours; something like that, very similar to what the City did in Wynwood after the Zika virus. The timely completion of the Flagler Street renovation is not only critical for the few thriving remaining business, but also for the image of Miami as a tourist destination. Lastly, even the Empire State Building was built in just one year, so we should be able to get the street done. Kirk Jewelers and its neighbors appreciate your support in this important matter. Thank you very much for your attention. Chair Hardemon: Thank you very much, sir. Randy Alonso: Good morning. My name is Randy Alonso. I'm the co-owner of Lost Boy Dry Goods, at 157 East Flagler Street, in downtown Miami. Brian Alonso, who spoke earlier, is my brother; and many of you remember my late father, Tony Alonso, who was an active business leader in downtown Miami. Our newest endeavor, Lost Boy Dry Goods, is a prototype fashion retail store in the historic Alfred I. Dupont Building. When we decided to open up the store, my brother Brian and I were looking forward to the revitalization promised by the Flagler Street Beautification Project. However, more than a year has passed, and the project has only been completed for one short block. Lately, progress has completely slowed down and seems to be barely moving at all; the result for the stores and restaurants on the street: the lowest foot traffic we have ever seen, transportation issues in an already - congested region, and the uncertainty of the success for a project in which many of us have both invested time and money. As a fashion retail store, forecasting inventory needs is a central part of our operations. With no certain time limit available or adhered to, I fear the effect these delays and difficulties will have on our business community; in particular, the street level brick and mortar businesses, which already have their own commercial obstacles to navigate. A project that is meant to attract more business to the area can easily do the contrary if something is City of Miami Page 44 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 not done immediately to remedy the current delay. Please, on behalf of business owners, property owners, and the residents we all worked so hard to bring downtown, I ask you take whatever steps are necessary to get this moving again. Thank you very much. Chair Hardemon: Thank you, sir. Gabriel Hernandez: Good morning. My name is Gabriel Hernandez, and I reside at 111 East Flagler Street, in the historic Flagler's [sic] First Condominium. I'm a native of Miami. My family moved here in 1959, and I'm one of those Millennials you hear about. When I bought my unit in 2011, I was excited. It seemed like every month there was something new happening in downtown; there was businesses opening up and everything seemed very promising. When they told us that our street was going to be improved, everybody was happy about it. I didn't hear a single complaint. And improving the neighborhood was appealing to everyone. I braced for the worst, assuming that the project on a historic street could take up to two years, especially since no one had actually done anything to it for over 100, and then it all went downhill from there. Every month since then has been worse. The project didn't get off to a good start, and then it seemed to go nowhere fast. As a result, businesses are closing. And because businesses are closing, there's less people walking the streets that has brought in homeless people to the area. At night, two years ago, I didn't think twice about walking down Flagler Street, and now I do. As a resident, I really feel that, you know, the pride in that street, one of the founding streets of this City, is just being left, you know, to ruins. No one's doing anything about it. As everyone spoke here, it's been over a year and one block. It's shameful. We need to do something about it, and we need to find a way to find this important project to move forward. Thank you. Chair Hardemon: Welcome, sir. Ian Hagen: Good morning Chairman, Commissioners. My name is Ian Hagen. My office is at 21 Southeast 1st Avenue, Miami, Florida. I've been involved in downtown as a business owner and property manager for more than 25 years. I'm currently managing two properties on Flagler Street: Flagler First Condominium at 111 East Flagler Street, and Popular Condominium at 100 East Flagler Street. I proudly witnessed the growth of downtown and to a thriving urban metropolis, with a promise offuture development and prosperity. As residents and business owners, we understood and accepted the assessments for improvement. The improvement has yet to be realized. Daily, we face torn up streets that cause frustration and gridlock, increased vacancies, and businesses going under, and growing concern for economic blight that we believed was behind us. What is going on? Is there an action plan for moving forward? If so, or if not, it is your responsibility to communicate these plans to your residents and business owners, who are depending upon you so that we can reclaim our vibrancy, our businesses, and our faith in the future of Flagler Street. Thank you. Carmen Rivero: Good morning. My name is Carmen Rivero, 312 Northwest 23rd Street. I work for Moishe Mana. We're based in Wynwood and Flagler. I've been to several of the Flagler Task Force meetings in the past and can attest to the need for the DDA to be a strong decision -maker in the Flagler Beautification Project. So I'm here to support Resolution 6 for the City of Miami and DDA MOU today. And since there should be no barriers to business development in the Central Business District, I'm also here to support FR.3, which is to abate those impact fees for cafes to open in Flagler. Thank you. Chair Hardemon: Thank you very much. City of Miami Page 45 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Fritz: Okay, that was much more than the personal appearance, but I appreciate the economy of you bringing all three items together, because we did have people to speak on all of those, so thank you. You know, let me sum up by saying, you've heard from stakeholders that represent hundreds of millions in investment and thousands of residents and hundreds of businesses, so we encourage you on the two issues that are on your agenda and in this discussion to please find a remedy, and I thank you. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Thank you very much. I'm going to close the public hearing on items FR.3 and RE.6 right now. You have any adjustments or -- Vice Chair Russell: Yes, please. Chair Hardemon: -- amendments to FR.3? Vice Chair Russell: Thank you. I would like to amend FR.3, my motion, there to include the businesses fronting 1st and 1st, so if -- in Section 2, in the last sentence, we could remove the phrases, "but excluding sidewalk cafes fronting or located on Southeast 1st Street," and as well remove the very last line saying, "but excluding sidewalk cafes fronting or located on Northeast 1st Street." This would include all cafes fronting both the north and south side of both those streets, which is more in line with the spirit of the original DDA resolution. For sure, this is not the standard growing pains of construction. This is meant to be a new open door for business on Flagler Street, but if we don't do it correctly, it could be the nail in the coffin, so we've got to get this right. And I think we can see here that the will of the business community is galvanized, and they wouldn't take their time out of their day to come here if it wasn't this important. So if the seconder would accept that amendment, I've made to the motion -- Commissioner Suarez: I accept the amendment. Chair Hardemon: Is there any further comment from the dais? You're recognized, sir. Commissioner Gort: The question is, this will take place during the construction? Vice Chair Russell: Yes, waiver of the permits throughout the construction. Barnaby Min (Deputy City Attorney): And Mr. Chairman, only for clarification, because this is a material change to the proposed ordinance, it would require it to go through the whole process again, so it would have to come back for first reading, if we're going to expand it to include both sides of 1st -- North 1st Street and both sides of South 1st Street. So it would have to go through two more readings. Vice Chair Russell: We could still vote on it today, though, correct? Mr. Min: Yes, you may. Vice Chair Russell: Thank you. Chair Hardemon: Okay. Seeing no further discussion, can you read it into the record, please, Mr. City Attorney? Commissioner Suarez: Can I -- City of Miami Page 46 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: You want something? Commissioner Suarez: I have an idea, but I don't know if I want to -- I think maybe we can put it on the next agenda as an emergency, where we can read it both first and second, because I think this qualifies as an emergency. I mean, I think the testimony of the business owners is such that, you know, this is -- I mean, this is beyond an emergency. I mean, this is -- so, something to think about. Vice Chair Russell: The fees are assessed in October, though, correct? So -- Commissioner Suarez: Okay. So there's -- so timing -- this is not a time issue. Okay, got it. Mr. Min: Correct. And (UNINTELLIGIBLE) of course, defer to the Administration, but, yes, the fees are collected (UNINTELLIGIBLE). Commissioner Suarez: Understood. If that's the case, if the timing is not a problem, then that's fine. That's fine. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): I don't think there's any time issue here. Commissioner Suarez: Okay, okay. Mr. Ihekwaba: Mr. Chair, if I may? The existing draft of this ordinance does not reflect the fact that the security deposit is also being waived, because it's tied to the permit fees. So, I will assume that we're waiving the security deposit as well? Vice Chair Russell: Yes. That was the intention. Mr. Ihekwaba: Also, for the inspection of the properties, any property that fails inspection, there is a re -inspection fee that also would need to be retained, so they will still have to pay the re -inspection fees. The ordinance, as drafted, does not reflect that, as well. Vice Chair Russell: Re -inspection fees would not be included, but the initial security deposit, yes. Mr. Ihekwaba: Okay. Thank you. Vice Chair Russell: Would that need an amendment? Mr. Min: The Clerk has some heartburn because of Accela, which is the computer system that we utilize for legislation, so he has come up with a creative solution, if the body wants to consider it. We can turn this particular matter into a resolution, directing us to come back with the proper language for first reading at the next meeting. Commissioner Suarez: So -- Mr. Min: That way, it's not an ordinance that's read into the record three times, so it would be one reso with one ordinance and two readings. Chair Hardemon: We can adopt that suggestion. Without objection, we'll adopt that. So then FR.3 will turn into a resolution, and the resolution would have the same direction as FR.3, except for the fact that we're asking the City Administration to come back with -- City of Miami Page 47 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Min: The increased boundaries. Chair Hardemon: -- the increased boundaries. Commissioner Suarez: With those amendments that were proffered on the record. Chair Hardemon: Understood? Mr. Min: So it's a resolution directing the Administration and the City Attorney's Office to bring back for first reading at the next Commission meeting a proposed ordinance, waiving the sidewalk cafe permits and modfing the boundaries, to include both sides of North 1st Street and both sides of South 1st Street. Commissioner Suarez: And the amendments that -- Chair Hardemon: So with that -- that will be a -- so this will be -- I'll do something for the Clerk. This may help you out a little bit. So then, we should withdraw FR.3. So let's with -- So, basically, the motion will be to withdraw FR.3 and to put a resolution for the City Administration to come back with a direct -- well, come back with an ordinance that includes the expanded boundaries and all the amendments that was included on the floor and discussion of FR.3. Understood? Mr. Ihekwaba: Yes. Chair Hardemon: All right. No further objection to the motion on the floor? Hearing none, all in favor, say -- Vice Chair Russell: I have to withdraw my motion. Chair Hardemon: It was all in one motion, the withdrawal and the -- Todd B. Hannon (City Clerk): Right. Because initially, the -- Vice Chair Russell and Commissioner Suarez, the motion was for FR.3. So, if you would just simply like to transfer that motion now to the withdrawal of FR.3, and then the resolution directing the City Manager, we can do so. Chair Hardemon: So it's a two-part motion. Mr. Min: Yes. Commissioner Gort: Right. Chair Hardemon: Okay. Seeing no objection to the motion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 48 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 FR.4 ORDINANCE First Reading 1949 General Employees' and Sanitation Employees' Retirement Trust AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: FR.4. Can we have it read into the record, please? The Ordinance was read by title into the public record by Deputy City Attorney Barnaby Min. Commissioner Gort: Move it. Chair Hardemon: It's been properly moved by Commissioner Gort. Is there a second? Is there a second to FR.4? Commissioner Suarez: Second. Chair Hardemon: Seconded. Is there any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Todd B. Hannon (City Clerk): Chair, did someone read the title into the record, FR.4? Chair Hardemon: Yes. Mr. Hannon: You read the title? Chair Hardemon: Yes. Mr. Hannon: Okay. Barnaby Min (Deputy City Attorney): Yes, sir. Chair Hardemon: Motion passes. Commissioner Gort: Great presentation. END OF FIRST READING ORDINANCES City of Miami Page 49 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 1902 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE TERMINATION OF THE JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY ("COUNTY') AND THE CITY OF MIAMI ("CITY'), ENTERED INTO JULY 3, 2012, FOR THE CONSTRUCTION OF SOUTH MIAMI AVENUE DRAINAGE IMPROVEMENTS, PROJECT NO. B-30637A, WHICH RUNS ALONG SOUTH MIAMI AVENUE FROM SOUTHWEST/SOUTHEAST 12 STREET TO SOUTHWEST/SOUTHEAST 10 STREET, MIAMI, FLORIDA; SUCH TERMINATION BEING EFFECTIVE IMMEDIATELY UPON SIGNATURE BY BOTH THE CITY AND THE COUNTY. ENACTMENT NUMBER: R-17-0170 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Gort, Carollo ABSENT: Russell, Suarez Chair Hardemon: Going to call the meeting back into order. The -- we left off -- we have RE.1. Jeovanny Rodriguez: Good afternoon, Commissioners. Jeovanny Rodriguez, director, Office of Capital Improvements. RE.1 is a resolution authorizing the City Manager to terminate a joint participation agreement between Miami -Dade County and the City of Miami for the construction of drainage improvements along Miami Avenue. Chair Hardemon: Okay. This is -- drainage improvement is no longer needed. Mr. Rodriguez: Correct. Commissioner Carollo: Move it. Commissioner Gort: Second. Chair Hardemon: Been properly -- Commissioner Carollo: Move it. Chair Hardemon: -- moved and seconded to approve. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 50 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.2 RESOLUTION 1904 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, AS PART OF THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT, APPROVAL OF A "NO FURTHER ACTION WITH CONDITIONS" CLOSURE OF THE ENVIRONMENTAL REMEDIATION ACTIVITIES IN CONNECTION TO BILLY ROLLE DOMINO PARK, LOCATED AT 3400 GRAND AVENUE, MIAMI, FLORIDA, REFERENCED BY FOLIO NUMBER 01-4121-007-4620, WHICH REQUIRES BOTH INSTITUTIONAL AND ENGINEERING CONTROL PURSUANT TO THE RISK BASED ON THE CORRECTIVE ACTION PROVISION OF SECTION 24- 44(2) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-17-0158 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: So I just want to pick up on a few that won't have any issues, and I know there's a few people here, so if we can, RE -- Commissioner Gort: RE.5 (UNINTELLIGIBLE). Chair Hardemon: -- 2. Commissioner Carollo: Can we --? Chair Hardemon: Yeah, 2, 5, 10, and 11. Commissioner Suarez: So moved. Chair Hardemon: No, 2, 5, and 10, because I know you may want to have some discussion on 11. Commissioner Suarez: 2, 5, and 10, so moved. Chair Hardemon: 2, 5, and 10. It's been properly moved to approve item RE.2, 5 -- Commissioner Carollo: Second. Chair Hardemon: -- and 10. Commissioner Carollo: Second. Vice Chair Russell: Just a comment on RE.2. City of Miami Page 51 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: You're absolutely welcome. Vice Chair Russell: I just wanted to ask the management if they could move forward with community meetings on Billie Rolle Domino Park with regard to further improvements beyond the contamination remediation to see what other changes we could make, including new benches, new Dominos and checkers tables, and the possibility of removing the fence. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): So you're asking the Administration to move the i -- defer the item to a future date? Vice Chair Russell: No, to enact public meetings. Mr. Ihekwaba: Sure, we can do that. Vice Chair Russell: Thank you. Mr. Ihekwaba: Okay. Chair Hardemon: Any further comment on any of the -- on any item on the motion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. If we can come back for lunch from lunch at 3 o'clock, that'd be great. Commissioner Gort: We did pass RE.5 all the way to (UNINTELLIGIBLE) 5? Commissioner Carollo: We passed RE (Resolution) -- Chair Hardemon: RE.5 did pass, that's correct. Commissioner Carollo: RE.2, 5, and 10. Chair Hardemon: 2, 5, and 10 passed. All right. Everyone, we're in recess till 3 o'clock. Commissioner Gort: When are we coming back? Barnaby Min (Deputy City Attorney): 3 o'clock. City of Miami Page 52 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.3 RESOLUTION 1923 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE SECOND ONE (1) YEAR OPTION TO RENEW REQUEST FOR PROPOSAL ("RFP") CONTRACT NO. 295279 BETWEEN THE CITY OF MIAMI AND KENT SECURITY SERVICES, INC. FOR THE PROVISION OF SECURITY GUARD SERVICES, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE THIRD AND FINAL RENEWAL OPTION, AND EXECUTE ANY OTHER AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0187 MOTION TO: Adopt with Modifications(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: Now let's go to -- I guess we could try to tackle RE.3. Annie Perez: Good afternoon, Commissioners. Annie Perez, director of Procurement. RE.3 is exercising the option to renew for security guard services citywide with Kent. Commissioner Gort: Second year, according to the contract. Ms. Perez: Second. And then there's also an authorization for the City Manager to execute any amendment and any renewals, so the last renewal would also be under his purview. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: And that's where I have an issue. I think we take it one at a time. Let's authorize the second; and then the third, when it comes up, you bring it back. So that's my preference (UNINTELLIGIBLE). Chair Hardemon: And I know we've been getting some -- I know I've received on my desk, so I assume that other Commissioners did, as well -- complaints about the organization. It's a complaint; it's one-sided, but it doesn't have an opportunity in it for a response from the corporation. So I think tackling it one year at a time is not a Ms. Perez: Okay, of course. Chair Hardemon: -- bad request. City of Miami Page 53 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Carollo: So I make a motion to approve, but exercising the second year, not the third year; let the third year come back at the proper time. Commissioner Gort: That'll keep them in line. Chair Hardemon: Seconded by the Chair. Is there any other discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Todd B. Hannon (City Clerk): As amended. Commissioner Carollo: As amended. Chair Hardemon: Yeah. RE.4 RESOLUTION 1995 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT HOUSING POLICY FOR SMALL RENTAL DEVELOPMENTS ("GUIDELINES"), ATTACHED AND INCORPORATED AS EXHIBIT "A" AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE GUIDELINES. MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item RE.4 was continued to the May 11, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item RE.4, please see "Order of the Day." City of Miami Page 54 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.5 RESOLUTION 1906 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE BISCAYNE BAY KIWANIS CLUB ESTABLISHING AND IMPLEMENTING A CIVIC INTERNSHIP PROGRAM FOR 5TH AND 6TH GRADE STUDENTS FOR THE PURPOSE OF INTRODUCING STUDENTS TO LOCAL GOVERNMENT POLICY MAKING AND PUBLIC SERVICE, CONDITIONED UPON AUTHORIZATION FROM THE MIAMI-DADE COUNTY PUBLIC SCHOOLS, FOR A PERIOD OF ONE (1) YEAR, WITH OPTIONS TO RENEW FOR UP TO TWO (2) SUCCESSIVE ONE (1) YEAR PERIODS, FOR THE PURPOSE OF IMPLEMENTING THE PROGRAM. ENACTMENT NUMBER: R-17-0159 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.5, please see item RE.2 and "Public Comment for Regular Item(s)." RE.6 RESOLUTION 1931 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, RELATING TO THE FLAGLER STREET RECONSTRUCTION AND BEAUTIFICATION PROJECT, WHICH ENCOMPASSES RECONSTRUCTION AND MODERNIZATION EFFORTS INCLUDING BUT NOT LIMITED TO UPDATES TO THE DRAINAGE, STREETSCAPE, SIDEWALKS AND SIGNAGE, FROM NORTHWEST 1ST AVENUE TO BISCAYNE BOULEVARD, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO ACCOMPLISH THE INTENT OF THE MOU. ENACTMENT NUMBER: R-17-0157 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez City of Miami Page 55 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Note for the Record: For further minutes referencing item RE.6, please see items PA.3, FR.3, and NA.1. Vice Chair Russell: Like to move RE.6, please. Chair Hardemon: It's been properly moved -- Commissioner Suarez: Second. Chair Hardemon: -- and seconded to approve RE.6. Any further discussion? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Vice Chair Russell: Thank you. Chair Hardemon: No problem. RE.7 RESOLUTION 1939 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE FLORIDA LEGISLATURE TO REPEAL SECTION 403.7033, FLORIDA STATUTES, TO REMOVE THE PREEMPTION AGAINST MUNICIPALITIES FROM REGULATING THE USE, DISPOSITION, SALE, PROHIBITION, RESTRICTION, OR TAX OF DISPOSABLE PLASTIC BAGS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. ENACTMENT NUMBER: R-17-0173 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Gort, Carollo ABSENT: Russell, Suarez Chair Hardemon: The -- let's tackle RE.7; that's pretty simple. Victoria Mendez (City Attorney): I believe RE.7 is being sponsored by the Vice Chair? Chair Hardemon: Yeah, but it's -- the Chair will take the motion to approve. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 56 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: Motion passes. RE.8 RESOLUTION 1701 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item RE.8 was deferred to the April 27, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item RE.8, please see "Order of the Day." RE.8 RESOLUTION 1701 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For further minutes referencing item RE.8, please see "Order of the Day." City of Miami Page 57 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: And if I may, during this time, let's also -- Commissioner Gort: Like always, good job. Chair Hardemon: -- if we can have a motion to approve RE (Resolution) -- Commissioner Suarez: 1, 2, 3, and 5. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Mr. Chair? Chair Hardemon: Well, I know that -- Mr. Ihekwaba: Mr. Chair? Chair Hardemon: Yes. Mr. Ihekwaba: The Administration would like to have RE.8 reconsidered by changing the date of the deferral from April 27 to May 25. Commissioner Suarez: So moved. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Carollo: On the deferral, right? Todd B. Hannon (City Clerk): Excuse me, Chair. Commissioner Suarez: On the reconsideration, I think. Mr. Hannon: We need to reconsider first. Commissioner Suarez: That's what we're doing. I'm moving to reconsider. Chair Hardemon: It's a motion to reconsider. All in -- Commissioner Suarez: He asked to reconsider. Chair Hardemon: -- favor -- Commissioner Suarez: So I'm moving it. Chair Hardemon: -- say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes to reconsider. City of Miami Page 58 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.8 RESOLUTION 1701 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED INTERLOCAL AND MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES PROVIDING FOR THE CREATION OF A JOINT ENFORCEMENT ZONE, PROVISION OF LAW ENFORCEMENT SERVICES AND CREATING A MULTI -AGENCY ANTI - PROSTITUTION & HUMAN TRAFFICKING TASK FORCE PURSUANT TO THE MUTUAL AID ACT, CHAPTER 23, PART 1, OF THE FLORIDA STATUTES. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.8 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For further minutes referencing item RE.8, please see "Order of the Day." Commissioner Suarez: Move to defer, as specified by the request from, I think, Coral Gables, or whatever. Yeah. Commissioner Carollo: Second. Chair Hardemon: Been properly moved and seconded. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 59 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.9 1139 Commissioners and Mayor RESOLUTION TO BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CREATE, WITHIN CURRENT BUDGETARY CONSIDERATIONS, AN OFFICE OF TRANSPARENCY, UNDER THE PURVIEW OF THE CITY MANAGER, WITH THE RESPONSIBILITY OF MANAGING PUBLIC RECORDS REQUESTS IN AN OPEN AND TRANSPARENT MANNER, INCLUDING MAKING PUBLIC RECORDS REQUESTS AND THE RESPONSES AVAILABLE ONLINE FOR THE PUBLIC TO ACCESS AND DOWNLOAD; FURTHER DIRECTING THE CITY MANAGER TO PLACE INFORMATION ON THE MAIN PAGE OF THE OF THE CITY OF MIAMI'S ("CITY") WEBSITE ON HOW TO SUBMIT A PUBLIC RECORDS REQUEST TO THE CITY; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC MEANS OR PLATFORM THAT PUBLISHES DECISIONS RENDERED BY THE CITY COMMISSION, THE PLANNING ZONING AND APPEALS BOARD ("PZAB"), THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), AND WARRANTS AND WAIVERS ISSUED BY THE DEPARTMENT OF PLANNING AND ZONING ("P&Z"), INCLUDING PLACING SAID INFORMATION ON THE MAIN PAGE OF THE CITY'S WEBSITE; FURTHER DIRECTING THE CITY MANAGER TO DEVELOP OR PROCURE AN ELECTRONIC NOTIFICATION SYSTEM WHEREBY THE PUBLIC MAY SUBSCRIBE TO AND RECEIVE AUTOMATIC NOTIFICATION OF ANY DECISIONS RENDERED BY THE CITY COMMISSION, PZAB, HEPB, AND WARRANTS AND WAIVERS ISSUED BY P&Z. MOTION TO: Defer RESULT: INDEFINITELY DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item RE.9 was indefinitely deferred. Note for the Record: For minutes referencing item RE.9, please see "Order of the Day." City of Miami Page 60 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.10 RESOLUTION 2055 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT SENATE BILL 276, HOUSE BILL 275 OR SIMILAR LEGISLATION THAT WOULD CREATE A STATE WORK OPPORTUNITY TAX CREDIT TO PROVIDE AN ADDITIONAL CREDIT AGAINST THE CORPORATE INCOME TAX FOR BUSINESSES THAT HIRE CERTAIN PERSONS CONVICTED OF A FELONY; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0160 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.10, please see item RE.2 and "Public Comment for Regular Item(s). " RE.11 RESOLUTION 1941 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IDENTIFY FUNDING TO HIRE ALL CONSULTANTS NECESSARY TO PREPARE A FINDING OF NECESSITY ("STUDY"), PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, FOR THE CREATION OF A COMMUNITY REDEVELOPMENT AREA FOR THE NEIGHBORHOOD COMMONLY REFERRED TO AS THE "WEST GROVE"; FURTHER DIRECTING THE CITY MANAGER TO HIRE ALL CONSULTANTS NECESSARY TO PREPARE THE STUDY; AUTHORIZING THE EXPENDITURE OF SAID FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000.00, FOR PREPARATION OF THE STUDY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0171 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Vice Chair SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Direction by Commissioner Carollo to the City Manager to provide a status update on the Community Redevelopment Agency (CRA) feasibility study, completed by Miami -Dade County, pursuant to Resolution R-966-15. City of Miami Page 61 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Note for the Record: For further minutes referencing item RE.11, please see "Public Comment for Regular Item(s)." Chair Hardemon: RE.11. Victoria Mendez (City Attorney): Vice Chairman, I believe this is the West Grove item. Vice Chair Russell: Yes. Thank you. Basically, we're looking to authorize the Manager to initiate a finding of necessity to see if the West Grove would qualms for a CRA (Community Redevelopment Agency). I've studied many different methods that we could utilize in helping the community. The first step was to go to the community and see what they want to do, and we brought up many options over the last few months. This one has gained traction. If it is something that is possible, I would like for us to be able to entertain it and study it. The City would bear the cost of the study. It would be reimbursed by the CRA, if successful in expanding the boundary. So I'd like to move the item. Commissioner Gort: Second. Commissioner Carollo: Second. Discussion. Chair Hardemon: Properly moved and seconded. You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chairman. First of all, I'd like to commend the Vice Chairman for bringing you new ways of addressing the affordable housing issue in the West Grove. The concept of having a CRA for a particular initiative is something that I addressed in 2015, in corroboration with Commissioner Barreiro and the County Commission, where we hoped to create a CRA to bring the people moving to Little Havana, as well as provide additional workforce, affordable housing, economic development and infrastructure to the area of Little Havana. The last time I checked, we were waiting for our own feasibility study, manned by the County. I'd actually like a status on those efforts, and I know a resolution was passed unanimously by the County. Do you know where we are with that, Mr. City Manager or Madam City Attorney? Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): We have not received any report yet, and I think they're still working on it, and we'll provide a report as soon as we know something. Commissioner Carollo: Okay. So I would like to have a direction to the Administration to receive the status update on the CRA feasibility study to have been completed by Miami -Dade County, pursuant to -- I believe it's Resolution R-966-15. R-966-15. As to the item before us today, I think a feasibility study is a good first step; although, we don't want to oversaturate with CRAs, because, obviously, it takes away from our general funds and limits us to the resources of Police, Fire, Public Works. I think this is a good first step, and if we properly define the scope, addressing the critical issues, I think it's something that I would want to consider. Vice Chair Russell: Thank you. Chair Hardemon: Commissioner Gort. Commissioner Gort: I want to make sure we let people understand the CRA is not something that's going to happen illegally. The CRA -- and I have the experience, the -- couple of CRA. It takes a while; it took us about five or six years in Overtown, and we had to put the west side of the City in order to make it and be able to get City of Miami Page 62 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 some funds. There are a lot of alternatives that we can do. We have a lot of property owners, if we can create the incentive, especially here in Coconut Grove, they can go a little higher, then the top floors are going to be looking at the bay, and it can become very expensive. But like -- also, with the gravy, they have to set up affordable housing and workforce housing in the building, also. We've done it at the - - we did it in one building, and it works out very good. It was a rent -- affordable housing. It was all rent and it was also market rate and it's all rented, and it's working real good. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you. In response, Commissioner Gort, thank you. That's - - it's -- certainly, there's patience going to be involved, but we have to take the step to make the journey. There's a lot of discussion in the West Grove, and there is a fear of up -zoning. There's actually a fear that, potentially, the CRA could encourage development in the wrong way, and that's why we're starting with meetings with the community, to let them know that, with the CRA involved, we may be able to help steer and control that development to encourage affordability, for example. Now, I want everyone to be clear that what we're proposing is a potential expansion of the Omni CRA; not the creation of a brand-new CRA, so that may help a little with the timing; it may help a little with the TIF (Tax Increment Fund). And we went to a meeting at the Frankie Rolle Center yesterday, at which the Omni CRA -- Jason Walker, the executive director, presented to show that, just in this last year that he's been involved there, we've already got plans now for over 500 units of affordable housing in the Omni CRA area. That's something -- that type of tool is -- nothing is as effective as a CRA, when managed properly and guided correctly, which I'd like to see, you know, Miami continue to be a good example of CRA. So I'm hoping that the community will be in support of this. I'm hoping that the finding of necessity comes out and satisfies your issues, as well, Commissioner Carollo. Commissioner Suarez: Mr. Chair. Chair Hardemon: Please. Commissioner Suarez: Thank you. First of all, I want to echo Commissioner Carollo, and commend you for doing this. It takes courage to be creative. And I think the risk is low in terms of extending the boundaries, because it will be a donor extension, if you will. And I think your change in philosophy of the Omni CRA, obviously, for me, and I'm sure for all of us, was very refreshing in terms of changing from supporting and financing big projects to actually getting into affordable housing, which is something that I think we're all very passionate about. We have the highest rental market as a percentage of income in the US (United States), and when you talk about numbers, like creating an additional 500 units, that's incredible; that's great. You know, obviously, the need for affordable housing is far greater right now than what we can deliver in terms of supply, but I think we have to keep pushing the envelope, we have to keep pushing ourselves, and we have to keep coming up with creative solutions. I want to commend Neil for his very impassioned plea for the Grove. We've seen the Grove being cannibalized over many, many years, and this is what I see as the first real effort, aside from some smaller efforts, to really stem the flow of that cannibalization. I think there's been one affordable project done in the entire West Grove area, which, you know, I'm very glad that we participated in as a City; and my dad, as a County Commissioner, also participated in. I will say this, and ask my City Attorney for this: There is a bill in Tallahassee that is -- if it passes, and I hope it doesn't, because I think that CRAs right now are the last hope for our government to stem gentrification in our community, and we've done it. We have a track record. We have done it in both our CRAs, and you're continuing to do it in Omni. We need to be -- The study that we approve here today City of Miami Page 63 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 needs to be mindful of that piece of legislation, because there are timeframes in that legislation, and if it, unfortunately, passes, and it, unfortunately, is signed into law, a further expansion of the Omni will be very limited in time. So we -- what we do here needs to be mindful of the fact that there is a possibility that they -- that the State will restrict us from expanding Omni or Overtown, et cetera, and we need to build -- both of us -- you know, all CRAs should be mindful of that; but I think this one, particularly so because of this agenda item. And so, I would just ask the City Attorney and our legislative -- Diana, our legislative liaison, to keep it on our -- the forefront of our mind as we move forward in this process. Ms. Mendez: We're monitoring, and we'll keep you posted. Commissioner Suarez: Yeah. I just -- I know that there's some specific deadlines in terms of expansion, and I just want to make sure that -- You know, hopefully, it doesn't pass; and hopefully, it dies. But if it does pass, you know, what we're doing has to be mindful of that. Chair Hardemon: Vice Chairman. Vice Chair Russell: I'd like to advocate, actually, as well, rather than just a Post -It. I think everyone here is in favor of not losing the potential ability of the CRAs to function. Commissioner Suarez: Sure. Vice Chair Russell: And I don't believe that -- If that legislation passes, I don't think it just limits our ability of the future expansion; it will actually cripple all CRAs in general. Commissioner Suarez: It sunsets all of them by a certain date. Vice Chair Russell: I believe that we should be a vocal advocate for the good example of CRAs. Commissioner Suarez: Agreed. Vice Chair Russell: And we should advocate to Tallahassee, either to amend the legislation as is, because reforms are one thing -- Commissioner Suarez: Right. Vice Chair Russell: -- but really, a broad brush that wipes out CRAs, I think, would be a negative where they're operating appropriately. So if there's a way we can advocate -- us, as a Commission, for example -- we'd be glad to bring it. Diana Arteaga (Senior Advisor to the City Manager): Diana Arteaga, City of Miami. We are advocating against the bill. There have been significant changes that are beneficial to the City. For example, the original language that called for all CRAs to sunset by 2037 has been modified significantly to state that they may be expanded beyond the life of their charter, if there is a supermajority vote of the governing body. There's still a lot of work to be done. The -- there's one more committee stop to go in the House. In the Senate, it has a considerable way to go, and in my opinion, I don't think they have enough time to finish it this year; but, certainly, if you're thinking about expanding the boundaries or creating any new CRAs, I would seriously suggest that you think about that now or in the near future. But we are advocating against that bill, and I know I have been speaking to your office and Commissioner Hardemon's office about it extensively. So along the City of Miami Page 64 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 process, you know, I'll obviously keep your office in touch as far as any Dade Delegation members that are on the next committees, so you can engage as much as you'd like to. Vice Chair Russell: Thank you. Chair Hardemon: Thank you. Yes, sir. Commissioner Gort: Look, I commend the -- Commissioner Russell was trying to do in the change of the policy of the Omni, going more into public housing and affordable housing. I will agree with that. But at the same time, we need to understand that the way we voted in the previous CRA, before you were the Chairperson, we were following certain plans that was put together by the community in the Omni; that they decided to have the tunnel; they decided to have the museum, and they're the one that decided to do so. So I understand you want to change it, and I agree with you a hundred and fifty percent, because that's -- our goal is to get affordable housing and workforce housing, which is most important, too. Vice Chair Russell: Thank you. Chair Hardemon: Is there any further discussion from the members of the board? Vice Chair Russell: Yes. City Attorney Ruiz mentioned that a amendment might be necessary if the intention wasn't written correctly regarding the reimbursement portion, so I would like to amend the one sentence that reads -- regarding the reimbursement language, where it says currently, "Upon completion of a study," and change that to, "Upon approval of a Community Redevelopment Plan." I just don't want to put the City and the CRA at odds, if for example, the finding of necessity doesn't pass. Ms. Mendez: Yes. And I will pass out your substitution, based on that. Vice Chair Russell: Thank you; if the seconder is okay with that amendment. Chair Hardemon: If there is no objection from the seconder. Seeing none, is there any further discussion from the board? Nicole N. Ewan (Assistant City Clerk): The seconder was Commissioner Carollo? Chair Hardemon: He's silent. Commissioner Suarez: Silence betokens consent. Chair Hardemon: Yeah. The mover, I'm sure, will say -- withdraw his motion and present a new motion to include the changes, because he's doing the interview. Vice Chair Russell: Gladly. Chair Hardemon: Yeah. So the mover -- the Vice Chairman will rescind his initial motion and he would like to move with the intent that was just passed out -- Commissioner Suarez: Second. Chair Hardemon: -- by the -- Vice Chair Russell: As worded. City of Miami Page 65 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: -- as worded in the document that was just passed out by the City Attorney's Office. Seconded by Commissioner Suarez. Seeing no further discussion from the board, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Carollo: I'm sorry. RE -- Chair Hardemon: That was -- Commissioner Carollo: -- 11? Chair Hardemon: Yes. Commissioner Carollo: Yes. Chair Hardemon: Motion passes. Commissioner Carollo: Yes. Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: So RE.12 is a resolution of the City Commission directing the Manager to conduct a feasibility study, based on the needs of Miami Police Department -- I'm sorry, Mayor. Am I interrupting you? Commissioner Gort: No. Mayor Tomas Regalado: No, no. Go ahead. Commissioner Suarez: I don't mind. I can go after the Mayor. Renita Holmes: Excuse me, is this 11 or 12? Because I'm standing here -- Commissioner Carollo: We're doing 12. Chair Hardemon: We're about to do 12. Commissioner Suarez: We're on 12 but -- Commissioner Carollo: We just did 11. Chair Hardemon: We just did 11. Ms. Holmes: Because I was standing here for 11 -- but I was here for 11. I just had a question. Chair Hardemon: No. We -- You can ask your question. Ms. Holmes: Because I did before we left. We had -- Thank you for the public hearing, but this item was one that was -- not had much time, since you had such a long FR.2, and I came back, specifically because I wanted to ask a question. As a City of Miami Page 66 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 resident of the expanded -upon community, and as someone who holds interest in the improvement -- and I'm all for more affordable housing. I heard the statement regarding public housing and affordable housing, which I believe to be a significant difference, and even you -- through the Chair, Commissioner Russell discusses how we define affordable housing. One of the most impacted populations of the -- are those of very, very low income. And while I understand that Federal funds have come to a very decreasing level, there are those of us who are dependent upon them. And so, as we reduce our per capita in Overtown, as we reduce our population of low-income housing, I'm wondering if we -- I'm asking that we do a lot of oversight and dialogue, which keeps it comprehensive, because, like Commissioner Suarez said, they have the Comprehensive Master Plan, and I know that the former CRA had his own ideas. We've done very well economically. There are those of us who think that economics, as far as housing for very low income. But when you said "public housing," those are the ones that I'm serving right now; those are the ones that were gentrified upon the first expansion of the CRA. What happens, Commissioner -- Chairperson Hardemon -- to the reduction of the size of our district when this is expanded? What happens now in integration? Are there some type -- is there some type of measurements or performance matrix that you can give us as far as our concerns and foreseeable future about what we've already as a community envisioned, but particularly for low-income families and those in public housing? I mean, I've seen the boundary changes on 11 th and 3rd. Women have met at Jackson's Restaurant. There's still a population of women that live there that are moved. I've seen those who have come back to the housing that we have there currently, and the demographics have changed quite a bit. So in anticipation that it's going to get smaller and that there's going to be more economics, less community, less women, less really affordable to low-income persons, can you give me at least a little dialogue or understanding about what you concurrently will do to ensure that that gentrification doesn't happen; that there's not the over -influence of corporation and DOT (Department of Transportation); that there is a balance and that there's still some comprehensive level of participation and concern to address the housing needs of those of us who are going to be further squeezed out in this expansion? What happens to District 5 as a whole? Because I never did separate Liberty City from Overtown, and those of us who go back and forth know the more businesses -- and not the small businesses and small business owners like us, what we build may not have the language and the lease issues and all that are just -- I think I've said enough without being redundant about what we have concerns with; but yet, we make decisions that opposition that, if we choose to -- since you've chosen to do the expansion. I could just say, "Fine, let's grow." But you always hear me say, "I'm a firm believer in smart growth." And you don't hear many very low income women and mothers talk about that, but we're the ones running around here now that you're trying to address in West Grove. We're the ones that's moving further, westward-ho and our businesses moving eastward-ho from Coral Gables, and I'm feeling squeezed out. So I agree with Commissioner Gort, but I think out of reasonability, out of fair housing, out of concern and out of real experience, tell me, what are we going to do concurrently to make sure that my district doesn't get smaller, we have less of a say, and poor women don't wind up being further homeless? Thank you. Get the map. Chair Hardemon: Thank you. Ms. Holmes: Thank you. City of Miami Page 67 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.12 RESOLUTION 2068 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CONDUCT A FEASIBILITY STUDY BASED ON THE NEEDS OF THE MIAMI POLICE DEPARTMENT ("MPD") FOR THE PROCUREMENT OF ALL NECESSARY HARDWARE, SOFTWARE, AND RELATED MAINTENANCE AND SERVICE CONTRACTS FOR THE PROVISION OF MOBILE FINGERPRINT SCANNERS FOR USE BY MPD PATROL UNITS; DIRECTING THE CITY MANAGER TO IDENTIFY SOURCES OF FUNDS TO BE USED FOR THE PROCUREMENT OF THE SAME IN FISCAL YEAR 2016-2017; FURTHER DIRECTING THE CITY MANAGER TO SUBMIT THE FEASIBILITY STUDY TO THE CITY COMMISSION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS RESOLUTION AND TO PROCURE, WITHIN THE TIME FRAME ALLOWED BY LAW, THE PURCHASE OF THE NUMBER OF MOBILE FINGERPRINT SCANNERS APPROVED BY THE CHIEF OF POLICE, SUBJECT TO SAID FEASIBILITY STUDY. ENACTMENT NUMBER: R-17-0188 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: RE.12. Commissioner Suarez: Yeah, it's me. Sorry. So RE.12 is a resolution directing the Manager to conduct a feasibility study, based on the needs of Miami Police Department, for the procurement of all necessary hardware/software and related maintenance and service contracts for the provision of mobile fingerprint scanners for use by the MPD (Miami Police Department). The new technology is now available to identf subjects encountered while on patrol, almost instantaneously. These fingerprint scanners will provide ready access to vital data in challenging environments, such as crime scenes. Like ShotSpotter, this technology will modernize the way our PD (Police Department) is able to police our streets, and more effectively and efficiently solve crimes; thereby keeping us safer, and increasing our quality of life. Similar to an item that you all supported, which was the Cell Tech technology, which allowed for the downloading of cell phone information on scene, this is a tool that allows our Police Department to do its job in a more mobile fashion, more effectively utilizing technology, and supporting divisions of our Police Department. All of them are doing very, very well, but this -- the homicide is doing particularly well, and I certainly want to empower investigatory agencies and sub -agencies like that with the tools necessary for them to continue to be successful, so I move the item. Commissioner Gort: Is this part of the $70 million bond issue? Commissioner Suarez: Well, maybe we could make -- Commissioner Gort: And we going to deduct that from the bond issue, right? Commissioner Suarez: I don't think it's going to cost anywhere near that amount, but, yeah. City of Miami Page 68 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Carollo: Second. Commissioner Suarez: Thanks. Chair Hardemon: Now, Commissioner Suarez, when I read this, I don't see it the same way. What I see here is an ability for an officer in the field to take someone's fingerprint, and then what you would do with that fingerprint, I would suspect, is you would run it against an (UNINTELLIGIBLE) -- so you run it against other fingerprints that you already have in your system to see if they match any crimes that were committed in the realm of the City of Miami or wherever. And so, to me, that's a step that happens post -arrest. So if I -- for instance, if I get arrested for a felony, the State -- or the arresting jurisdiction has the ability to take my DNA, right? And they take that DNA and they run it through the whole system, and that's how they know whether or not you come back as a hit on certain things that may -- that everything may be saved in; similarly, in the fingerprint system, it's that way. They keep a record of you, but moreover, what they also do is run your fingerprint and compare it to thousands and thousands of fingerprints in the system to see if your fingerprint comes on for something else. So, for instance, today, you may have been arrested, and you give a fingerprint, and then your fingerprint comes back as a hit on 30 other burglaries that happened maybe before. They had their fingerprint before, but they didn't know who your identity was until you were arrested. And so -- which is different from an officer stopping me -- or a suspect, and saying, "Let me see your identification." They run your identification to see if you have a warrant, to see if you -- you know, if you even deserve to be on the street right now, but they don't learn anything more than that. They -- Here, it's like we're expediting the arrest procedure, and you're putting it on the front end. So my fear -- and, you know, sometimes when you have tools, you can abuse them and you cannot -- but my fear ultimately is that I have someone walking down the street. I say to that person, "Hey, I suspect you have committed a crime." You grab that person, you give them a mobile fingerprint scan, and once you do the mobile fingerprint scan, you realize they're not hit for anything, but the one thing that you do have now is their fingerprint in the system, and that's the part that -- you know, there are many parents, there are many adults, there are many children -- there are many people who do not want their fingerprint to be in a government system if there's no need to be. Attorneys, you gave up that right; you gave up your fingerprints. I'm sure police officers did, as well. And you give up certain rights in order to have certain professions. But, certainly, if I have a child, I don't want my child's fingerprints in a government system, just because you have the ability now to do it mobiley [sic]. Commissioner Suarez: Understood. Can I -- may I? Chair Hardemon: Yeah, sure. Commissioner Suarez: So -- Rodolfo Llanes: If I can -- Commissioner Suarez: Sure. Chief Danes: -- alleviate that fear, this system is an identification system. And so, if you were to tell me that you name is John Doe and I said, "Let me see your finger." And I put it on this machine, it will come back as Keon Hardemon. Chair Hardemon: But let me ask you a question. Chief Llanes: And so, it is not a capturing system; it is a check system. City of Miami Page 69 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: But tell me, when does that matter? When does it matter that -- If you stop me on the street, say I -- you -- I did not commit a crime, and you ask me for my name, and I told you it was John Doe. So what? What happens next? Chief Llanes: Well, because if Keon Hardemon has an arrest warrant and is evading the actual name and date of birth in order to evade that arrest warrant, he would give me a fake name of John Doe. Chair Hardemon: But, see -- and that's the -- Chief Llanes: And so, on the scene there, it would prevent me from having to transport you to the County Jail to run your fingerprints in the system. Commissioner Suarez: And do the same thing. Chief Llanes: I could get them right there on the scene and see exactly who you are. Chair Hardemon: But, see, that's certainly my point. So if you were transporting me back to the police station, I assume that you found probable cause that I committed a crime. Chief Llanes: On another issue, correct. Chair Hardemon: A different crime. Chief Llanes: Mm-hmm. Chair Hardemon: Right? And so, I don't care if you caught Keon Hardemon or John Doe. If that -- if person "A" committed a crime, that's the body that you're taking back. And you're going to learn who the person is. And if they don't, it's obstruction of justice anyway; it's another crime in and of itself. And so, you know, that's the part that I'm kind of struggling with, because it's -- If the person didn't commit a crime -- say the person didn't commit a crime, and -- So what's the reason for them to scan, besides you want to learn faster than before who the person is? Commissioner Suarez: Let me answer. Can I answer that question? Chief Llanes: Sure. Commissioner Suarez: Let a couple lawyers go at it a little bit. So -- Chief Llanes: Absolutely. Commissioner Suarez: -- there you go. Nothing that a technology provides -- right? -- can waive constitutional rights that people have, period. So there's nothing that you get out of technology that gets you any further able to violate someone's constitutional rights, period. The only difference is a convenience of going to point "A" or not having to go to point "A" to do the exact same thing. Chair Hardemon: But that's what I'm saying. What you're saying is the only way that an officer is going to take someone -- If I -- if they suspected me of something. Commissioner Suarez: Right. Chair Hardemon: What I'm talking about is the number of individuals who get stopped by police on a daily basis. City of Miami Page 70 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Suarez: Right. Chair Hardemon: You don't hear about them. The reason you don't hear about them is because they're not, one, complaining -- Commissioner Suarez: Right. Chair Hardemon: -- to Internal Affairs. And they're not, two, being registered as stops or searches, or whatever it may be. Commissioner Suarez: Right. Chair Hardemon: These are just people that an officer meets with on a daily basis. Commissioner Suarez: Yeah. Chair Hardemon: So my point is this: The -- if you're going to go through the -- as an officer, if you're going to stop someone -- Commissioner Suarez: Right. Chair Hardemon: -- and you're taking them to the jail, you're going to reflect in an arrest affidavit -- Commissioner Suarez: Right. Chair Hardemon: -- or in something that you have this person that you're transporting, et cetera. Commissioner Suarez: Correct. Chair Hardemon: But -- and so, assuming then, when I give you my fingerprint, you're booking me -- Commissioner Suarez: Whoa, whoa, whoa. But why would you assume that anybody's going to give anybody their fingerprint? Why would you assume that --? Chair Hardemon: No, when you -- If you're booking someone, you're going to -- that's when you -- Commissioner Suarez: If you're booking somebody, sure. Chair Hardemon: Right. And so, my point is -- Commissioner Suarez: Right. Chair Hardemon: -- that's when they typically get the information -- Commissioner Suarez: The fingerprint. Chair Hardemon: -- that you get from the fingerprint -- Commissioner Suarez: Right. Chair Hardemon: -- you get it then. City of Miami Page 71 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Suarez: Right. Chair Hardemon: And so, when you're doing this mobile fingerprinting system up front -- Commissioner Suarez: Right. Chair Hardemon: -- you're getting the benefit of that fingerprint, the searching -- the knowledge that you're learning, but from someone that you're not transporting to prison; you're not transporting to jail. You don't stop. Commissioner Suarez: So let me just back up a little bit. First of all, let -- the intent was not for every single officer in the City to have one of these things. I don't think we could afford it. This was -- my intent was -- that's why it's looking at the feasibility of it -- is potentially, you know, homicide, which is, you know, five or 10 officers. For example, let's say there's a deceased person on a scene and they want to identify that person so they can notify the next of kin. They don't have to wait to go back to the morgue. They can fingerprint the person, potentially ID (identify) them immediately, and have that information. So I don't think there's anything -- I understand what your concern is, but I don't think -- and I'll let the Chief answer for himself -- but in terms of implementation of the technology, they're not going to implement the technology in any way, shape, or form that's going to be inconsistent with people's constitutional rights, period. That's just the way -- they couldn't do it, anyways. Right? You and I both know that. They couldn't do it, anyways. So, you know, I think, if we get -- if we bought three or two of these machines so that our investigative services, whether it's robbery, whether it's homicide, have the access to this technology, I don't think we're taking a big risk. And that's why it wasn't meant to be like an -- on the scene, every single police officer, we pull you over, we get your fingerprints for every single person. That's just -- it's not feasible; that's why a feasibility is part of the resolution. I don't think that would be economic -- then we would have to have a bond offering for that. Chair Hardemon: No, I mean, it's just -- it's something that -- Commissioner Suarez: (UNINTELLIGIBLE) like body cams. Chair Hardemon: -- is of grave concern to me, because you're giving -- Any time I have to give the Police Department identfing factors about me, even if -- my identification card. If I'm sitting there as a passenger in a car and the car is stopped for blowing a red light, and you ask me for my ID (identification), the first thing I want to say is, "Why do you need my ID, officer? I didn't violate the traffic law, "you know. There's -- because we all understand, there's -- officers can find all kinds of ways to try to take your -- or make you give your identification. But, certainly, there are times when an officer does not have to ident f who Keon Hardemon is. And so, you know, part of my concern is, now I'm giving them more information up front, and that's a big concern of mine. Similarly so, to me, it's akin to me giving you my DNA, because I'm arrested for a felony or something of that nature; a cotton swab to the mouth. You know, there's a lot of information that you learn about an individual by learning more detail -- having more detailed access to their history. And so, that's the real -- one of my big concerns about it. That's all. Vice Chair Russell: Mr. Chairman, thank you. I do share your concern. I'm open to a feasibility study, but I do -- I did have concerns on this one, and I do think it needs to come with a standard operating procedure that we -- you know, that falls in line with what those concerns are, because what a tool on its own is, without context, is harmless. What can be done with that tool is what matters. And how much that tool costs also matters. So I'm open to a feasibility study, and we can go from there. City of Miami Page 72 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me tell you what my problem is. My problem is the system, and I commend Commissioner Suarez (UNINTELLIGIBLE), coming up with the new technology and all that, but I'd like to get this from the Chief of Police. I'd like for the Chief of Police to tell me, "This is part of my budget. I requested this in my budget. I did not request it. This idea came up, and this is how it's going to be used," before it comes in here. I'd like to know why the Chief needs, how he's going to use it, and so on. Chief Llanes: This is not new cutting -edge technology. We've had different iterations of this for a number of years. They are expensive, and that's why we're doing a feasibility study; to see what it is that we can leverage. And, you know, every iPhone has a fingerprint reader on it, so it's not that expensive, but how that translates to our line of work is a little different. And so, I'm all for exploring this and making the identification of either a death victim or somebody who is evading actual identification to the officers, making that process easier. There's also that same issue, you know, if your name came up. If somebody used your name and you now have an arrest warrant, we could tell on the scene that it's not you, and so I wouldn't have to take you in. So there are benefits. With every technology, there are benefits and deficits that come with it, but I'd like to study the cost and see in what application we can use it. Commissioner Suarez: But I think -- Mr. Chair, if I -- just to kind of finish it up. At the end of the day, what technology allows you to do is do it differently, because at the end of the day, it's really the same. You go to the station, you get your fingerprints. That goes into -- that gets scanned by a computer, and then it gets analyzed to see is this the person or is this not the person. Chair Hardemon: But you're arrested at that point. I just want to be clear. Commissioner Suarez: But my point is this: Regardless of what that technology allows you to do, it doesn't allow you to break the law. Right? It doesn't allow our Police Department to break the law. Chair Hardemon: No. I think it's -- to me, I take it as "breaking -law neutral" -- Commissioner Suarez: Okay. Chair Hardemon: Meaning that an officer can break the law with it. An officer can violate your rights with it, because the technology is going to do what the technology is trying to do. Commissioner Suarez: No, but what I'm saying is that if the policy is that we only fingerprint after an arrest, then we can only fingerprint after an arrest; that's not going to change. Chair Hardemon: Look, but -- I'll give you an example. That's like saying that -- Commissioner Suarez: The only thing that changes is where you can do it and how you can do it. Chair Hardemon: The law says you have to read your Miranda rights before you take a statement. Commissioner Suarez: Absolutely. City of Miami Page 73 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: And people don't read the Miranda rights before they take a statement. Commissioner Suarez: Of course not. And then what happens -- Chair Hardemon: Or -- Commissioner Suarez: -- those convictions get overturned. Chair Hardemon: No, not all the time. Commissioner Suarez: Right? Chair Hardemon: Or they'll -- Commissioner Suarez: Confessions get overturned. Chair Hardemon: -- or they'll -- Commissioner Gort: That's what happens when you have two lawyers in here. Chair Hardemon: -- or they will get a statement, then read the Miranda rights, and then take the statement again, as if it was never done in the first place. So what I'm saying is that things can happen. Look, like you said, this was a feasibility study. Chief I've had my name used by family members, who've gotten arrested. I -- You can check the Public Defender's records right now and look up Keon Hardemon; It'll show one that's an attorney and one that has an arrest record. So, you know, it's there. I understand in -- a long time ago, people in your generation and older and younger were using other people's names, because they could, you know, get away with things like that. Nowadays, it's much more difficult to do that. And so, I understand the nature of wanting to identify a person, but what I'm concerned with, of course, is when people try to step aside of common constitutional protections to get a one-up on information. And so, the fingerprint, to me, it's something that is synonymous with an arrest, and it's always been that way. And if you're giving a fingerprint -- I've never been fingerprinted besides the time that I had to go to the Florida Bar. That's the only time I've ever been fingerprinted in my life. And so, I want to keep my daughter and my sons -- I want them to have that same -- Commissioner Suarez: Fingerprint free. Chair Hardemon: -- you know, fingerprint free feeling. You know, it's not fun to have to continually give your fingerprint, you know. Commissioner Suarez: Let's keep the (UNINTELLIGIBLE). It's not fun to fingerprint. Chair Hardemon: So -- but I understand the feasibility study, but, you know, this is a conversation I think we should continue to have, especially with ACLU (American Civil Liberties Union); especially with our Public Defender's Office, our State Attorney's Office; people of that nature, who are doing this on a day-to-day basis, to see what they're seeing; how, you know, information is going to be -- has been -- being used around the country; not just in the City of Miami, so. Commissioner Gort: Let me tell you, just like when you brought the idea of the helicopter, we had some officers come here, and they explain to us why there was a need for it, how they were going to use it. I would like to have the same thing. I'd City of Miami Page 74 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 like to have it come from you; sit down and let me know why we're doing it, how you're doing it, and how it's going to help you be a better police officer. Chief Llanes: Yes, sir. Commissioner Gort: Thank you. Chair Hardemon: Any further discussion with the motion on the floor? Seeing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.13 RESOLUTION 2136 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE BAYFRONT PARK MANAGEMENT TRUST'S ("TRUST") APPOINTMENT OF JOSE GELL AS THE INTERIM/ACTIVE EXECUTIVE DIRECTOR OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON. ENACTMENT NUMBER: R-17-0189 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Commissioner Gort: RE.8 was deferred. Chair Hardemon: Carollo, do you want to do -- Commissioner Carollo: RE.13? Chair Hardemon: -- RE.13? Commissioner Carollo: Sure. Chair Hardemon: Okay, RE.13. Commissioner Carollo: Thank you, Mr. Chairman. A resolution of the Miami City Commission, approving the Bayfront Park Management Trust appointment of Jose Gell as the interim acting executive director of the Trust, under the terms and conditions of employment agreed upon. And I would add a friendly amendment that his salary would be increased from the current amount, an increase to have 10 percent during the pendency of position of interim acting executive director or until changed during the regular budget hearing. Commissioner Gort: Second. Chair Hardemon: Been properly moved and seconded. City of Miami Page 75 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Commissioner Carollo: And, obviously, he'll have the authority for signature in -- for the board, signature on the bank account. Chair Hardemon: Is there any further discussion on the matter from the board? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RE.14 RESOLUTION 1964 Southeast Overtown/Park West CRA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED BUDGET OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), ATTACHED AND INCORPORATED AS EXHIBIT "A", IN THE AMOUNT OF $48,708,155.00, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017, AS APPROVED BY THE SEOPW CRA'S BOARD OF COMMISSIONERS. ENACTMENT NUMBER: R-17-0174 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort NAYS: Carollo ABSENT: Suarez Chair Hardemon: The Chair would like to entertain a motion to approve RE.14 and RE.15. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded. Is there any further discussion from the board? Commissioner Carollo: Mr. Chair. Chair Hardemon: Yes, sir. Commissioner Carollo: Real quick. The one with the Omni, I've had issues with some of the items. And I'll be honest with you; we are spending a lot on attorney's fees, and I keep saying we need to put it out for an RFP (Request for Proposals). So Chair Hardemon: I think you're right on that. Commissioner Carollo: You know. City of Miami Page 76 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: So I think it's something that we should -- I foresee being in the future. Commissioner Carollo: Yeah. I'm -- so I'm going to vote against, but I'm letting you know, you know, as a courtesy, the reason that -- specific reason that, you know, I just can't vote for it. And again, I've mentioned -- it's not the first time, but I really think we need to go out on an RFP with the legal. Chair Hardemon: Thank you. All in favor, say "aye." Commissioner Gort: Aye. Vice Chair Russell: Aye. Chair Hardemon: All against? Commissioner Carollo: No, on 14; yes, on 15. Todd B. Hannon (City Clerk): We'll need to do separate votes. Chair Hardemon: So that's no problem. So let's clam the motion. The motion for RE.14 has been -- it's been moved by the Vice Chairman and seconded -- Commissioner Carollo: Second. Chair Hardemon: -- by the Chair. Is there any discussion about RE.14? Hearing none, all in favor, say "aye." Commissioner Gort: Aye. Chair Hardemon: All against? Commissioner Carollo: No. Chair Hardemon: Motion passes. City of Miami Page 77 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 RE.15 RESOLUTION 2088 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE A REIMBURSEMENT GRANT AWARD FROM THE ROCKEFELLER PHILANTHROPY ADVISORS, INC. ("GRANTOR"), IN AN AMOUNT NOT TO EXCEED $336,466.62 ("GRANT"), TO FUND THE POSITION OF CHIEF RESILIENCE OFFICER WHO SHALL GUIDE THE DELIVERY OF RESILIENCE EFFORTS IN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO CREATE THE NECESSARY ACCOUNTING STRUCTURE TO ACCOUNT FOR THE GRANT FUNDS IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, AMEND THE CITY'S OPERATING BUDGET AT A FUTURE DATE, COMPLY WITH GUIDELINES SET FORTH BY THE GRANTOR, AND NEGOTIATE AND EXECUTE A REIMBURSEMENT GRANT AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY OTHER NECESSARY DOCUMENTS, AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-17-0172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For further minutes referencing item RE.15, please see item RE.l4. Chair Hardemon: And then -- Commissioner Carollo: Move RE.15. Chair Hardemon: Seconded by the Chair. No discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. END OF RESOLUTIONS City of Miami Page 78 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 AC.1 1988 Office of the City Attorney AC - 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 APRIL 13, 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 CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. 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; CITY MANAGER DANIEL J. ALFONSO; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ-RIVAS. 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item AC.1 was deferred to the April 27, 2017, Planning and Zoning Commission Meeting. Chair Hardemon: We -- the AC.1 and AC.2 have been deferred; is that true? Commissioner Carollo: Yes. City of Miami Page 79 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Nicole N. Ewan (Assistant City Clerk): Yes. Commissioner Suarez: Did we do anything else? Chair Hardemon: Boards -- Ms. Ewan: If we can have a motion just to defer those items -- Chair Hardemon: Yes. Ms. Ewan: -- that'll be great. Chair Hardemon: The Chair would like to entertain a motion to defer AC.1 and AC.2. Commissioner Suarez: So moved. Commissioner Carollo: To what meeting? Second. Chair Hardemon: Is it to the next meeting? Victoria Mendez (City Attorney): With regard to Headley, that one is withdrawn. And then the 1000 Brickell, that one will be deferred, but I have to read into the record when -- a little later when you give me the opportunity. Chair Hardemon: Okay. So -- Commissioner Carollo: Withdraw your motion. Chair Hardemon: -- AC.2 is actually deferred. And then, AC.1 is -- I'm sorry. AC.2 is actually withdrawn. AC.1 is deferred until a time stated further into the meeting. All in favor of that, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? The motion passes. City of Miami Page 80 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 AC.2 1989 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 13, 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 CASE OF WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. V. CITY OF MIAMI, CASE NO. 1D12-2116, PENDING BEFORE THE FLORIDA FIRST DISTRICT COURT OF APPEAL, 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; ASSISTANT CITY ATTORNEYS STEPHANIE K. PANOFF AND BARBARA DIAZ; LUKE SAVAGE, ESQ.; AND MICHAEL MATTIMORE, ESQ. 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, ONG MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item AC.2, please see item AC.I. END OF ATTORNEY -CLIENT SESSION City of Miami Page 81 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.1 2111 Office of the City Clerk BC.2 2132 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: Marvin Weeks Mayor Tomas Regalado ENACTMENT NUMBER: R-17-0175 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: Boards and committees. Nicole N. Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. BC.1, Arts and Entertainment Council: Mayor Regalado will be appointing Marvin Weeks. Commissioner Carollo: Move it. Commissioner Gort: Second. Commissioner Suarez: Second. Chair Hardemon: All against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Napoles Mayor Tomas Regalado Rene Morales Commissioner Frank Carollo City of Miami Page 82 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.3 2113 Office of the City Clerk ENACTMENT NUMBER: R-17-0176 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC2, Art in Public Places Board: Mayor Regalado will be appointing Maria Napoles and Commissioner Carollo will be appointing Rene Morales. Commissioner Carollo: Move it. Commissioner Gort: Second. Commissioner Suarez: Second. Chair Hardemon: All against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN City of Miami Page 83 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.4 2114 Office of the City Clerk 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: Ralph Duharte (Term Ending April 13, 2018) Frank Fernandez (Unexpired Term Ending February 9, 2018) Emilio Calleja (Unexpired Term Ending September 8, 2017) ENACTMENT NUMBER: R-17-0177 NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Francis Suarez MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Frank Carollo, Commissioner Francis Suarez, Commissioner Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2- 885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. Nicole N. Ewan (Assistant City Clerk): BC.4, Bayfront Park Management Trust: Commissioner Gort will be reappointing Ralph Duharte, with a 5/5 term waiver. Commissioner Gort: Move it. Ms. Ewan: Commissioner Carollo will be appointing Frank Fernandez and Commissioner Suarez will be appointing Emilio -- Commissioner Suarez: Calleja. Commissioner Carollo: Calleja. Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 84 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.5 2117 Office of the City Clerk Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI BEAUTIFICATION COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Fernando Paredes Vice Chair Ken Russell (Term Ending April 13, 2018) Patricia Pino (Unexpired Term Ending January 12, 2018) ENACTMENT NUMBER: R-17-0178 Commissioner Francis Suarez MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.5, City of Miami Beautification Committee: Vice Chair Russell will be appointing Fernando Paredes and Commissioner Suarez will be appointing Patricia Pino. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 85 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.6 1070 Office of the City Clerk BC.7 2120 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: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Allyson Warren (Term Ending April 13, 2020) Charles McEwan (Term Ending April 13, 2018) ENACTMENT NUMBER: R-17-0179 NOMINATED BY: Commissioner Frank Carollo Commission -At -Large MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Frank Carollo, Commissioner Francis Suarez, Commissioner Hardemon, Russell, Gort, Carollo, Suarez A motion was made by Commissioner Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Charles McEwan as a member of the Code Enforcement Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles McEwan as a member of the Code Enforcement Board. City of Miami Page 86 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.8 2122 Office of the City Clerk Nicole N. Ewan (Assistant City Clerk): BC.7, Code Enforcement Board: Commissioner Gort will be reappointing Charles McEwan with a 5/5 term waiver. Commissioner Carollo: Move it. Commissioner Suarez: Second. Ms. Ewan: And Commissioner Carollo will be reappointing Allyson Warren. Commissioner Carollo: Move that, too. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo RESULT: NO ACTION TAKEN City of Miami Page 87 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.9 1711 Office of the City Clerk BC.10 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: NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo RESULT: NO ACTION TAKEN 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 RESULT: NO ACTION TAKEN City of Miami Page 88 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.11 2123 Office of the City Clerk BC.12 2124 Office of the City Clerk 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: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erica Paschal City Manager Daniel J. Alfonso ENACTMENT NUMBER: R-17-0180 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.12, Finance Committee: City Manager Alfonso will be appointing Erica Paschal. Commissioner Suarez: Move it. City of Miami Page 89 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.13 1599 Office of the City Clerk BC.14 2125 Office of the City Clerk Commissioner Carollo: 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 HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: David Freedman (Business/Finance/Law - Category 6) Hugh Ryan (Historian or Architectural Historian - Category 3) Todd Tragash (Architect — Category 1) ENACTMENT NUMBER: R-17-0181 NOMINATED BY: Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez City of Miami Page 90 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.15 1979 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.14, Historic and Environmental Preservation Board: Commissioner Carollo will be appointing David Freedman to the Business/Finance Law category and Hugh Ryan to the Historian category; and Commissioner Suarez will be reappointing Todd Tragash to the Architect category. Commissioner Suarez: Move it. Commissioner Carollo: Move it. 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 LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon City Manager Daniel J. Alfonso RESULT: NO ACTION TAKEN City of Miami Page 91 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.16 2126 Office of the City Clerk BC.17 2127 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wifredo (Willy) Gort City Commission ENACTMENT NUMBER: R-17-0182 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.16, Miami Sports and Exhibition Authority: Commissioner Gort is requesting to be reappointed to the at -large Commission seat. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." Commissioner Suarez: God bless you. 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 PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chair Ken Russell RESULT: NO ACTION TAKEN City of Miami Page 92 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.18 1875 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PATRICIA AND PHILLIP FROST MUSEUM OF SCIENCE BOARD OF TRUSTEES FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Joseph Falk ENACTMENT NUMBER: R-17-0183 NOMINATED BY: Commission -At -Large MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.18, Patricia and Philip Frost Museum of Science: There is one at -large vacancy. Vice Chair Russell will be appointing Joseph Falk. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Hardemon: Is this the person that the Vice Chairman initially wanted to appoint? Ms. Ewan: That is correct. Chair Hardemon: Okay. And so, I had an appointment that I wanted to be considered for that position. I had a chance to read the resume of the individual that you had, and I just wanted to express to you -- because I think you're on the board, as well, correct? Vice Chair Russell: Yes. Chair Hardemon: What -- we were just concerned that we wanted to have someone who could represent the interests of people who couldn't afford, necessarily, to be in attendance to the museum, because I understand that the tickets are going to be kind of expensive. So with your appointment, it seems like he does have an ear or some concern for those types of things, but, I mean, you being the Vice Chairman of the Commission, I just hope that you remember those voices, those kids who may not be able to pay the $25 to gain entry, and just to have that type of voice on the board so that we continue to have access to the facility. Vice Chair Russell: Absolutely. Chair Hardemon: Thank you so much. Vice Chair Russell: Thank you, Mr. Chairman. City of Miami Page 93 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.19 2128 Office of the City Clerk Chair Hardemon: Is there any objection to the appointment? Seeing none, motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Aaron Zeigler ENACTMENT NUMBER: R-17-0184 NOMINATED BY: Chair Keon Hardemon MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.19, Planning, Zoning and Appeals Board: Chair Hardemon will be appointing Aaron Zeigler. Commissioner Suarez: Zeeka, with a "Z"? Chair Hardemon: Ziegler. Commissioner Suarez: Who? Chair Hardemon: Aaron Zeigler. Commissioner Carollo: Move it. Commissioner Suarez: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 94 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.20 1083 Office of the City Clerk BC.21 1721 Office of the City Clerk 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: Mayor Tomas Regalado RESULT: NO ACTION TAKEN City of Miami Page 95 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.22 2129 Office of the City Clerk BC.23 2130 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: 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 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Peter Ehrlich Urban Environment League of Greater Miami ENACTMENT NUMBER: R-17-0185 City of Miami Page 96 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 BC.24 1603 Office of the City Clerk BC.25 1604 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC23, Virginia Key Advisory Board: The Urban Environmental League for Greater Miami is requesting the confirmation of Peter Ehrlich. Commissioner Suarez: Move it. Commissioner Carollo: 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 VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: William Riley, Jr. ENACTMENT NUMBER: R-17-0186 NOMINATED BY: Commissioner Francis Suarez City of Miami Page 97 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): And BC.25, Waterfront Advisory Board: Commissioner Suarez will be reappointing William Riley, Jr. Commissioner Suarez: Move it. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Ewan: Thank you, Commissioners. Chair Hardemon: Thank you very much. END OF BOARDS AND COMMITTEES City of Miami Page 98 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 DI.1 1992 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - AUDIT ADVISORY COMMITTEE - URBAN DEVELOPMENT REVIEW BOARD MOTION TO: Continue RESULT: CONTINUED MOVER: Frank Carollo, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: Item DI.1 was continued to the May 11, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item DI.1, please see "Order of the Day." DI.2 DISCUSSION ITEM 1994 Office of Grants Administration DISCUSSION REGARDING AN UPDATE ON PROGRAM PERFORMANCE AND FINANCIALS FOR THE CITY OF MIAMI CAREER CENTER. RESULT: DISCUSSED Chair Hardemon: You're recognized, ma'am. No, James, you can't go home. Lillian Blondet (Director, Grants and Sustainable Initiatives): I'm trying to run the computer. It's not -- Commissioner Gort: Yes, ma'am, it's all yours. Ms. Blondet: Okay. Good afternoon. Lillian Blondet. I'm the director of Grants Administration with the City of Miami. Thank you for having us here today. As we usually do every year, we come and update the Commission on the Career Center. As you know, we're in the third year with this grant. This is a three-year grant, so we'll be applying for a renewal through an RFP (Request for Proposals) process. However, we like to keep the Commission updated. As Commissioner Carollo has said before, this is highly restrictive funds, and we want to make sure that we keep the Commission up to date on what's going on. There's no question that we need the services of the Career Center. There's no need that there's a -- that we need the Career Center. We've done a lot of good work with the community. We place people throughout Dade County; a lot of them are in the City. In the last three years, we have placed over 11,000 people. And we -- this past year, we opened a satellite office at Camillus House that's doing a lot of work, serving directly the homeless population that so much need assistance. However, there are other challenges that we face with this grant that we wanted to bring to Commission, as sometimes we face City of Miami Page 99 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 some of the shortage monies and some of the performance might not be up to par per workforce requirements. And with that, I have with me today Willy Porro, who's going to go and present some of the numbers regarding performance and revenues of the center. And I also wanted to introduce Mr. Robert Sellers. He is the new manager of the Career Center. William Porro: Good afternoon, Commissioners. William Porro, special project administrator for Grants -- oh, I'm sorry -- assistant director now. Sorry. Good afternoon. Wanted to bring you up. It's a interesting grant. It has some challenges to it, but we -- I wanted to go over basically how the grant is set up. You're looking at this particular chart, which shows the red figure, which is our grant allocation, our award each and every year for the past three years. What you see in orange is our revenue that's generated by the center through workforce activities. And then, the yellow is the expenses of the center, related to the -- that's correct -- 3,600 a year. Unidentified Speaker: (UNINTELLIGIBLE). Mr. Porro: Yeah, we'll get to the 3,700 each year. So, as Lillian said, the center, in terms of productivity and what the staff is doing, is absolutely amazing, so there is a need for this type of service. You will notice the decrease in the grant award over the last three years in this particular grant cycle. So we've had conversations that we would get reimbursed, and we're hoping that that will be the case in terms of our cost to date. Commissioner Carollo: Before you move on -- Mr. Porro: Please, sir. Commissioner Carollo: -- with the placements, do you monitor, once they're placed, how long they stay at that job? Mr. Porro: If I'm not mistaken -- and if we want to get into the weeds, I have the director here -- but as far as I know, that is one of the standards in the balance score card; that they have to be retained, that's correct. For a year, we follow up on them. Commissioner Carollo: For at least a year? Mr. Porro: That's correct. Commissioner Carollo: So all those placements have been retained at the same job for at least a year? I just want to verify that. Mr. Porro: They have to be followed up within that entire year, if I'm not mistaken. Commissioner Carollo: Right. So my question is -- Mr. Porro: Yeah. Commissioner Carollo: -- of these placements, how many of them has maintained there for a whole year, or at least a year? Robert Sellers: Hello. Good afternoon. My name is Robert Sellers, interim director for the City of Miami Career Center. As far as it's concerned with the follow-ups and placements -- Commissioner Carollo: Retainment. City of Miami Page 100 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Sellers: -- retainments and the follow-ups, the only ones that are really followed up is the ones who are in WIOA (Workforce Innovation and Opportunity Act). We do track the placements and the retention rate for those individuals. Commissioner Carollo: So out of these placements, how many have been followed up? Mr. Sellers: I don't have that exact number at this time, butt can get it. Commissioner Carollo: Okay. Commissioner Gort: Let me ask a question. My understanding is in '16/17, we spent $1.1 million. Right? Mr. Porro: Correct. Commissioner Gort: From the revenue funds. And we are going to reimburse around 600,000? Mr. Porro: That's correct. Commissioner Gort: So it's a cost to the City of 600,000? Mr. Porro: It's about 466,000 right now; that's per projection. And I'll get more in - - a little bit more into it. It'll make a little bit more sense on the following slides. I know this is a busy slide, but bear with me. The top portion of this slide, basically, with the two years previous, we decided to have what is -- what I consider a "dashboard report," where we actually physically look at each and every month. The top portion, if you can read it there, is the revenues that are generated by the workforce activities of the center. Underneath that are the expenses for that particular month. And then there's either a surplus or a deficit. And underneath that, it's a simple calculation of revenue to expenses. So right now, the City is tracking at a 58 percent revenue -to -expenses; meaning that the City is subsidizing about 42 percent, as it stands right now. Okay. Underneath that, the middle portion is what is -- was changed from two years ago, which was a reimbursable grant to a - - I call it "pay for performance" or a pay scale. It's broken out to the different sectors of placement. They're veterans, ex -offenders, mentioned WIOA, disability, and then TANF/CAP (Customer Assistance Program) and SNAP (Supplemental Nutrition Assistance Program); those that are on cash assistance, and what it pays for each one of those. Underneath that are the historical placements for the last two additional years, previous years. Underneath that is just some staffing updates. You can see that we're about four staff short right now that are vacant. And the last part, right on the bottom, which is probably quite tiny, but I can get you copies of this, is the regional performance of the entire Region 23, so we can compare to our own center, so we know how it stands. This is one of the interesting things of the grant that was not here previously. In 2004, you can see the cost per placement, how we're now being paid for a particular placement. That $150 in 2014 dropped down to 100 to 75, and then 50 to 25. Understand, if we go back to this particular slide real quick, the yellow is the total amount of placements. The red is what is called "obtains," those that use level one services. And then the direct job placements is anything that the staff physically refers to an employer to be placed. There's usually, give or take, 75/25 split between the obtains and the direct job placements. So if you go to this slide, it's obvious that the amount of revenue that we can generate by our going rate of obtains to direct job placements has been reduced considerably. But at the same time, in fairness to -- and I understand what they're doing -- is to place the City of Miami Page 101 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 hardest -to -place individuals within our community; those that are ex -offenders, adult dislocated workers, and then TANF/CAP and SNAP placements. Chair Hardemon: So -- Mr. Porro: Yes, sir. Chair Hardemon: -- they receive a benefit for hiring these individuals. Give me an example. Say I have a -- someone who was previously convicted of a felony in the last three years. They are now free, and they apply for a job. Tell me how that person -- how they interact with the company and how that company interacts with you, and then how that person interacts with you, as well. How does that work? What happens? Mr. Sellers: Well, first and foremost, it depends on how that individual is categorized, because of individualized services. It's different phases when you come to the Career Center; if one individual is just looking for a particular job, or if you're coming in for a training. And most individuals who come in with a skill set, and if we have a particular opening for that individual, we'll just match the skill set up with the individual who is hiring. Now, if it takes a little further and he need a little bit more training -- Chair Hardemon: So what -- say -- let's start with that one. You're matching. So when you match the skill set to a particular job, what is the benefit -- what benefit does the employer get? Mr. Sellers: Well, one benefit that having this grant at Career Source, we do have hiring incentives as far as paid work experience and paid training incentives, which is subsidized employment; wherein, in some cases, we'll subsidize 100 percent of the salary for duration of the training period, or we can -- Chair Hardemon: How long is that training period, typically? Mr. Sellers: It depends on what the skill set, the salary, and the title of the job is. If it's an entry level, more likely, it's the paid work experience program, where we have 100 percent of the salary is paid for by Career Source. Chair Hardemon: So that'll last for, what, three months, maybe? Mr. Sellers: Give or take, because, most likely, the paid work experience for entry level positions; where for -- you have the on-the-job training, it's up to six months and/or $7,500 per individual, and that is reimbursed at the 75 percent clip. Chair Hardemon: The reason I'm asking this is because I -- someone very, very close to me had an experience where they were working for a company. The company's out of -- well, they could have more than one place, but their physical location, say it's in Miami Gardens. And this person did not -- they received the job, not through any other organization. I think they applied directly with the company. However, some -- for some reason, they sent the person to receive some sort of training. I think it was like -- either it was training -- I think it was training. I'm sorry, I don't have the facts straight in my head. But what I remember about it was that when everything was complete, she realized that what she was receiving, it seems to be it was something similar to this. Like, they were getting credit, and it was 100 percent credit for her going to this program, even though that's not the way that she actually came to the company; something -- it was something of that nature. And so, what -- okay. This is what you want me to do. My employer told me to go do City of Miami Page 102 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 this. I go and do this. I sign up. It didn't become clear exactly what was happening until three months later, when she's out of a job, and then -- Commissioner Carollo: That's why I asked for the retention. Chair Hardemon: Right. Because -- and then when she was out of a job, what I learned -- and you may correct me if I'm wrong, because I could be -- but when she was out of the job, then it puts her in a position now -- If she wanted to come to you all, you all don't retrain or you don't hire for a certain amount of time because of a certain reason. And so, effectively, what was going on was that this person unknowingly was going to an organization to sign up for something that her boss said was just a training and -- but what she was doing was being put into a program that her boss was actually going to take advantage of her by -- and you and us by -- Mr. Porro: And the program. Chair Hardemon: -- and the program by receiving free funds for someone to work for three months. So, basically, the way that they're servicing their business is by bringing in people at these three -months intervals, and they're basically keeping -- Commissioner Gort: Then they get rid of them. Chair Hardemon: Right. And they're keeping their business going. And then that person who is harmed is the individual. She didn't have a record or anything of that nature, but, you know, imagine the guy that does have the record, that said, "Hey, I got a job," right? You try to save for three months, you get you an apartment. Now you have an apartment, now you have a car, you think everything is good. They fire you, and you come back to the same place looking for help -- Vice Chair Russell: No help. Chair Hardemon: -- and no help. So that particularly is something that -- and I guess that's somewhat of a -- that's a fraud issue there. It all -- it kind of borderlines criminality, if you will. So, I mean, I think that's something that you all really have to take a real hard look at. So I don't know if it's someone -- maybe when you get your staff together -- someone that you can really point to look at to see the patterns of these organizations that are giving these funds, because, you know, the money is there, great. It helps our people in the community, great. But it's a tool that could really be used to hurt people. And in her case, it was a -- it put her in a position where she unknowingly did a training she wasn't supposed to have, and put her in a category where she couldn't receive additional help from you all if she wanted to. Mr. Sellers: That's an unfortunate occurrence with that particular instance. However, the way we conduct business over at the City of Miami is completely different. Every party that's involved is very informed and well informed of the parameters of the contract, what it is that you're entering into, and what is the stipulations after that contract is completed. Now, all our training programs guarantee -- it's not guaranteed, but it's contingent upon retention. So if you're training somebody and if they make it successfully through the training, it shouldn't take three months to know if you're going to retain the individual. If they're there for three months, which means they're doing a great job -- and we do have evaluation periods in between that time, so we would know prior to if that contract is going to be voided or not. And after the training period, you know, the -- it's a good faith, pretty much, because it's not penalty assessed to a company who says that -- Chair Hardemon: We don't want you no more. City of Miami Page 103 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Sellers: -- they can't retain -- exactly. Chair Hardemon: And that's what -- Mr. Sellers: Because --why? Because, now, give or take, the economy might be bad. They might fall off (UNINTELLIGIBLE). Chair Hardemon: But I understand that. There could be some innocence to it, but there could also -- Mr. Sellers: Absolutely. Chair Hardemon: -- not be. There -- at the point where you've all paid what you can pay -- that 100 percent, you paid it. Mr. Sellers: Mm-hmm. Chair Hardemon: Now, when it's time for that company to pay, what's happening -- what I personally experienced with this person was that the company doesn't want to pay. They'd rather, you know, reach back into the pot, finding someone else to come in and do that same type of job, and have them receive compensation for it. Mr. Sellers: Well, that becomes -- right then that becomes a judgment call on your behalf. You could either stop doing business with that company, because if you see the inconsistencies with that company and you see that they're just trying to get over in the long run -- Chair Hardemon: So -- but that's something that you -- and that's what I'm saying. All I'm saying is that -- Mr. Sellers: Absolutely. Chair Hardemon: -- you all take a serious look at that. Mr. Sellers: Yes. Chair Hardemon: So -- Mr. Sellers: Everybody is held accountable for what -- when you sign that contract, you know the stipulations, so at the end of it, you are held accountable for the retention and the monies that you are given at the end of that training. So not only do they have the taxes in for ex -offenders for the 75 percent reimbursement, but they also have the work opportunity tax credits also, which is another incentive to hire. Chair Hardemon: Okay. Mr. Porro: Let me go to the last -- there's not -- this is the last. It's really just some challenges that we have faced with the grant, the three-year cycle, which is really, you know, going from cost reimbursement to a pay scale, and then that pay scale changing, even within a contract year is quite difficult to budget and to -- performance. It's not a criticism of the program or even the grantor, Career Source of South Florida. I mean, I get what they're wanting to do. It's a matter if it's a business decision now, what we want to do. Yes, sir. Commissioner Carollo: I mentioned this when we first started. City of Miami Page 104 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Porro: Operational expenses are a bit higher now, and that's because we've brought the salaries of the employees up to where they need to be. Again, won't be a dead horse, but we're about 42 percent of subsidizing right now. We've had some employee turnover, and again, the low -- because of the low salaries, they left. And there are some performance metrics, even now. We've already submitted our renewal application for the new grant proposal, and we're going to see that. There are some new metrics that were instilled in the last partners meeting, or prior to -- prior, which has to do with about four or five metrics, which I believe really we'll make all of them, except one, which is the CAP participation rate, which is -- it's something quite difficult with our clients, and that's where we're standing right now. Commissioner Gort: Mr. Chairman. Chair Hardemon: Commissioner Gort. Commissioner Gort: I think the program is very good, but I think this deficit to the City is something that we need to discuss, and I think I would like to sit down with them and talk to them and the managers. And the program is very good; I think we should maintain it, but we might have to come up with some other options. So instead of the grant, there might be some other way that we can do it, because right now, the way we're doing it, we're having problems. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you. So money -wise, where are we for this year, and what about for the following year? Ms. Blondet: For this year, which the program year goes from June 1 -- no -- from July l to June 30 -- Commissioner Carollo: Right. Ms. Blondet: -- we have a shortage. Commissioner Carollo: Okay. So -- Ms. Blondet: So 450. However, we have met with South Florida Workforce, and they have committed, and they have given us their word that they're going to pay us, as our cost -- Commissioner Carollo: South Florida Workforce is the old name. It's Career Source now, correct? Ms. Blondet: Oh, I'm sorry; Career Source South Florida, yes. And Mr. Beasley -- Commissioner Carollo: And I see the executive director, Mr. Beasley, here. Ms. Blondet: He has -- Commissioner Carollo: If he could come up and -- Commissioner Gort: Do you have it in writing? Commissioner Carollo: -- make sure that -- City of Miami Page 105 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Ms. Blondet: -- committed that -- Commissioner Carollo: Well, I want to make sure. Ms. Blondet: -- he's going to work with the City. Commissioner Gort: Let's put it on the record. Chair Hardemon: The man -- Commissioner Carollo: By the way, I used to -- Chair Hardemon: -- is wearing a bowtie; you have to believe everything he says. Rick Beasley: Again, to the Commission, good afternoon; good to see you all. Again, I'm Rick Beasley, executive director of Career Source South Florida; address, 7300 Corporate Center Drive, Miami, Florida 33126. In terms of -- I had an opportunity to meet with your assistant manager and with your staff regarding this issue. We run into this issue every year, as you all know, and we've come back every year to say we'll assist, to make sure; as long as your agency, the City, submits on time, we'll be glad to reimburse. But the issue for us is that you're submitting on time. Last year, I think there was an issue, and as I shared with the Chairman and I shared with the Commissioner, that I could not open my books after submittal. We close our books at a certain time, and so I think there was an issue there. But other than that, we've always reimbursed. All right. The one thing I will say this -- is that once we went to this model -- and our Commissioner Carollo was our Chairman -- I don't want to say -- about 12 years ago -- and so, he knows how this program runs. We changed our model. We changed our model to focus on performance -based contracts, because a number of providers were not meeting the standards in which we needed to be at in terms of the State. And so, we changed it to a performance base. So, in essence, Commissioner Gort, if you don't get a job, they don't eat; meaning, they don't get paid. The effort there is to ensure that the dollars that we put into this community, that we invest in this community, people get jobs, and that's the effort. Commissioner Gort: That's the goal. Mr. Beasley: Okay. And so, that's why we changed that model. We wanted to ensure that the dollars we spent -- Last year, we invested about $49 million into this community. We generated $1.6 billion of salaries back into our community. And so, those are things that we look at. And so, Commissioner, you raised the issue about the OJT (on-the-job training). We want to -- If we find an employer who is abusing the system, we don't work with them anymore. We don't work with them, because -- and we also don't like what we call the reverse referral from an employer, okay? A lot of our Career Centers were up front with the employer. They know who they're working with. And so, they go through the process of discussing with them in terms of the skill sets. And part of that contract, which Robert didn't go into great detail, but a part of the contract is to go over the curriculum that will be trained on as they're working on the job. And so, the employer has to sign off. When we find an employer who's abusing the system, we don't work with them anymore. Chair Hardemon: That's -- so you understand exactly what I was trying to describe. Mr. Beasley: Oh, I know exactly what you were saying. Chair Hardemon: Right. City of Miami Page 106 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Beasley: When you said it, I said, "Okay, that's a reverse referral." I'm like, "Okay, what Career Center accepted that?" because I would want to know. Your sitting here -- we've asked -- (UNINTELLIGIBLE) doing everything -- a part of the contract is performance based. There's another part of your contract that is really a cost reimbursement -- okay? -- which deals with -- employ Miami -Dade. You're working with us to ensure that we work ex -offenders. We work with certain populations of this community that others won't. And so, I make that commitment to you, because this center has gone into the community. Both of you all know, Commissioners, that we've gone into certain sections that my provider before have never gone there. I've asked the City to do that effort for us. And so, we work with them to make sure. As long as everything is submitted on time, we have no problems. Okay? Commissioner Gort: Okay. Mr. Beasley: I said it on the record, Commissioner Gort. Commissioner Gort: Thank you. Thank you, sir. (UNINTELLIGIBLE) put it on time, and they know their timeline. Mr. Beasley: Yes. But they do a good job. I think there were some issues with an invoice and something may have gotten messed up, because, I mean, you're a huge city. Commissioner Gort: Right. Mr. Beasley: You know, we're just a small little, you know, rinky-dink little workforce agency, although we're the largest in the State and largest in the South. But, I mean, you know, things get kind of messed up. But they have done a good job. The numbers have dropped off a little bit. I am so glad that you all have increased your salaries, because what was happening is that you had other departments raiding this department, and taking good staff. And so, you saw numbers drop significantly. And I had to have a consultation with the City Manager last year to say, "Hey, you need to do something, because your numbers are dropping and you are here, and you're dropping." But they were taking folks. I'm sorry, I had to take one of your own, as well. Ms. Blondet: Yes. Mr. Beasley: So I'm to blame, as well. I mean, since you all are doing it, I might as well just do it myself okay? But you have a good center. They're committed to serving this community. They're doing a good job, and we want them to continue. Okay? Commissioner Gort: I have one on my staff visit there every day, and taking people to look for jobs. Mr. Beasley: Yes. Chair Hardemon: So I want to make clear, it wasn't the City of Miami's Career Center -- Ms. Blondet: No. Chair Hardemon: -- that they visited. It might have been the one in Hialeah. Mr. Beasley: We'll take a look at that. If -- City of Miami Page 107 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Chair Hardemon: But I'll share with you, because I want to sit down and learn a little bit more about how it all, you know, really works. Mr. Beasley: We manage this every day. We have a report that I can see the placements on a daily basis. There are tools that we have; we, on the Source Code. No other workforce board in the State or in the country have what we have. But we look at placements every day, so we know whether or not they're obtains. And the reason we switched (UNINTELLIGIBLE) obtains, Willy, it showed you the decrease, because we had a number of providers who were making their numbers or their money just off obtain employments; meaning, you come into the Career Center. As long as I provide you a staff -assisted service, but you find your own job, we -- you know, we pay them. You know, that is -- it's allowable by the State. And so, we saw centers making their money that way. No, no, no, we're going to drop that, because what we want to do is get the ex -offenders. We want the veterans. We want the moms who are on welfare. We want those who are receiving unemployment benefits. Those are individuals we want to work with, so we dropped it. So it's okay. We'll give you $50 if you get them placed in the first month or in the first 90 days. Then I'll pay you $25 after the first 90 days. Okay? Same thing for every component. We want to drive people to get placed faster, but in a high -wage paying job. And so, one of the things that we are looking at is the retention. Now, on WIOA -- I think I saw the measures for WIOA -- retention for the center was like 90 percent that have retained after a year of employment. But again, you're looking at over a year period. So their numbers are okay. I had the numbers -- it's about 90 percent. One of the things we are concentrating to make sure -- now, we do include part-time, but our part-time says it had to be of at least 30 hours, okay? And so, we look at that. So last year, it was about 64,000. Now, the State of Florida said we placed 84,000. We do not count second placements; meaning, if I place you two or three times, I only count you one time in our system; one, that's it. We don't go into the multiple placements or the multiple number. You know, our goal is to get you placed one time and count that once. And we continue to provide you service, but we're not going to continue to pay you for the multiple times you come in. So we're not trying to, again, cheat the system. We want, again, to work with that hard core population. But you're doing a good job. Okay? Commissioner Gort: Thank you. Chair Hardemon: Thank you. Leroy Jones: Commissioner, can I say something? Chair Hardemon: Please, yeah. Mr. Jones: So I'm here in support of Career Source. Commissioner Gort: Who are you? Mr. Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. So I came here because I'm in support of the City of Miami Career Source. I just want you to think about how difficult it is to run a center that you trying to find employment for people, and trying to get people, in some cases, trained and retrained. And what I'm finding out is that we're having people 40 years old that never had a job, that never had any training. You know what? We're seeing the homeless cases of people that coming in for training increase where, in some cases, half of the classes that are training are people that either live in shelters or homeless. People come in there with mental problems, ex -offenders. So when they come there, the Career Source become a social service program, as well, because in City of Miami Page 108 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 a lot of cases, you have to deal with other issues that they have before you can even place them or get them into training. So it's bigger than just them helping people find jobs. It's the baggage that the people bring with all the issues that they have, the mental illness that they have; and in a lot of cases, the criminal backgrounds that they have, particular in these areas that we trying to help people in. So I can't say enough how hard that Career Center work. And if you went there and stay there one day, and see how many people come to that center, it's crazy, man. You know, I know they short staffed. I know that. So they short staffed, they underfunded. I know that. And to deal with the mindset of the people -- You know, you have to go home and deal with that every day. Imagine that. Every day, you have to take other people problems that they been dealing with all they life, and you know, it's -- most people that mentally ill don't even know they mentally ill, because they been dealing with it all they life. It's common for them. They don't know it. So I just wanted to share that. You know, that is a good center. Those young people there work hard; given on top of -- And you can tell they good employees, because you all done took half of them. You got half of them working for you in top positions in the City. So I just wanted to say that. Thank you. Chair Hardemon: Thank you, sir. Is there any further discussion about the item? Thank you all very much. Ms. Blondet: Thank you. DI.3 DISCUSSION ITEM 1896 Commissioners and Mayor DISCUSSION REGARDING THE CITY'S NEXT GENERAL OBLIGATION BOND. r RESULT: DISCUSSED Note for the Record: A motion was made by Vice Chair Russell, seconded by Commissioner Gort, and was passed unanimously, directing the City Manager to initiate a full and extensive public process of information gathering from the community to develop a detailed list of projects, including costs, in enough time for the City Commission to work with to include in a resolution calling for a referendum special election to be held during the November 7, 2017 General Municipal Election declaring the City's official intent to issue one or more tax- exempt and taxable general obligation bonds for capital projects and capital improvements, subject to voter approval Chair Hardemon: Mr. Mayor. Mayor Tomas Regalado: Okay. Thank you. Good afternoon. I -- this item was deferred. Renita Holmes: Excuse me. Have we gone now or was I -- I was just getting my say- so? None of you will address me on the RE.11, because you're moving on to RE.12? Chair Hardemon: Well, we're -- right now we're -- Ms. Holmes: You could tell me after you address RE.12 or it's closed or --? I mean, just show me some respect. Chair Hardemon: We were in the middle of something. We allowed you to speak, but we were in the middle of addressing an item. But we'll come back to -- City of Miami Page 109 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Ms. Holmes: To address my public inquiry? And regarding that -- because I know it's a matter of timing -- I just don't want you to think I'm here for nothing. Chair Hardemon: I understand. Ms. Holmes: I'm glad -- Vice Chair Russell: We're going to respond to you when the time is appropriate. Ms. Holmes: I would appreciate that respect. Thank you. Vice Chair Russell: Gladly. Mayor Regalado: Okay. Thank you. Last Commission meeting, we all decided to defer this presentation, because of the long hearing on short-term rentals. So today, I'm back, and this is for the second time. So they say the third is a charm, so it may be a third one. But I think that this conversation is important, and we have Chris Rose, our Management and Budget director, and we have Fernando Casamayor, our CFO (Chief Financial Officer) and Assistant City Manager. It's about the possibility of a bond issue to go before the voters in November, and I -- As we get old, we remember things, and I was remembering the 2001 bond issue that was crafted and approved by this Commission, and it went on the ballot in the mayoral election in 2001. And I remember that it was Commissioner Teele, myself, Commissioner Sanchez, Commissioner Winton, and Commissioner -- Chair Hardemon: You. Vice Chair Russell: And you. Mayor Regalado: Oh, Angel Gonzalez. So we had a deadline. Then -City Manager Carlos Gimenez said, "We have a deadline. We cannot wait anymore if we want to do something and put it in the ballot." It was after 911; it was about a week and a half after 911, and the deadline to put it in the ballot in November was about three or four days ago. And I remember that Priscilla kind of -- was kind enough to distribute napkins, and we wrote projects in napkins, and we gave it to Carlos Gimenez. And Mayor Carollo was here, and it went on the ballot. It was a mayoral election; it was a very contested election. Commissioner Gort was here. Commissioner Gort: I was here. Mayor Regalado: Yeah, Commissioner Gort -- no, it wasn't Angel; it was Commissioner Gort. I'm sorry. He confused me. And so you remember that. It was interesting. And the name was Homeland Security, because it had a lot of money for public safety, and the people of Miami voted on it, and it was approved. Those bonds have been used. So the Administration, about a year and a half ago, came back, and we recognized that the City has identified infrastructure projects of significant magnitude that need to be addressed. But resiliency and climate change and sea level rise is one of the priorities that we have in this City; not for this Administration, but for the next Administrations. So just for your information -- and Chris will also give you some details -- the City has been paying off previous debt, which makes possible to do projects without raising the property tax rates. This is a GOB (general obligation bond), so it goes into the property tax. The millage rate will not rise as a result of the bond being issued, and may be, in fact, lowered over time, when the next Administrations believe that is the case. So, you know, I'm not going to tell you the world is going to end if we don't do this bond issue. I'm not going to tell you that this is something that we really have to do, but it's something that we should do. It's City of Miami Page 110 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 something that we should want to do, because it has money for sea level rise mitigation and flood prevention. And the City Administration has placed the number of $100 million; roadway improvement, $20 million; workforce housing, $20 million. Okay. This morning, at 10 a.m., the secretary of HUD (Department of Housing and Urban Development) was very gracious to have time with some representatives of different cities of Miami -Dade County, and it was Mayor Gimenez and myself and Vice Mayor of Miami Garden, Vice Mayor of Homestead, the Mayor of North Miami, the director of Housing of Hialeah, and director of Housing of Miami Beach. It was very interesting, because Secretary Carson unequivocally said, "Our philosophy is to reduce the budget; to do cuts; that we cannot afford" -- and he said -- I'm quoting him -- "to keep borrowing money and increasing the debt, so we will do cuts." And he said that the only remedy will be to partner with the private sector, and he kind of direct the idea of Liberty Square, because the private sector, as he said, has a lot of money, and government doesn't have money. One thing is for sure: There will be cuts. And he said it. There will be cuts on funding for housing and affordable housing. And one thing that I continue to ask the secretary is about CDBG (Community Development Block Grant) and social programs. And I explained to him how Miami is unique, and how we needed this, and how the Commission has decided to dip into the general fund to supplement the cuts of the past Administration and potential cuts of this Administration in social programs. He said that those fundings will -- most likely will not be cut. It may be another name, but not -- the funding will not be cut. I don't know why they're going to name the programs another name. I guess that they want to start, but I can tell you something. There was no way -- that Miami Gardens and Homestead and Hialeah asked him for more funding for housing. And I can tell you that he completely, unequivocally said that there will be cuts in the budget, at least from HUD. So that's why affordable housing is so important, you know. You know, he got stuck on the elevator in affordable housing building, but that made the national news, but the fact is that Fire and Rescue of the City of Miami goes every single week, several times, to rescue people in public housing, because elevators get stuck. That's how old are those elevators. And so, this is why we include workforce housing. Police and Fire equipment, so $17 million. And Police and Fire Infrastructure, $20 million. Now, Fire and Rescue Training Center, $70 million. As you know, the Fire and Rescue Training Center in the West Grove is an aging facility, and it's a huge land, and I know that Commissioner Russell has been even talking to people that will be interested in doing something in that land in terms of workforce and affordable housing. So, you know, the only thing that we need from you is more direction. Should we continue with the public meetings? Should we convene public meetings? Should we ask the people? If we ask the people what they want, you're going to get a list of many things. And, unfortunately, some areas of the City, the people do not participate in these meetings. I remember a hearing that we had in District 4 in West End Park about Miami 21, and there were 20 people, and 19 were City employees. And there was a lady that came to me and said -- Commissioner Suarez: The 20th was a retired City employee. Mayor Regalado: -- "Well, I'm here because they told me that you were coming, and I don't know why I'm here." That was a meeting for Miami 21 -- Commissioner Suarez: The 20th was a retired employee, right? Mayor Regalado: So, you know, we can do this. We can do the outreach. And the timeline that the City has done is -- let's say June 22, after community meetings from April to June, meeting with elected officials; on June 22, in the City Commission, vote on the language; and then in November 7, the City of Miami general election. This bond issue, I don't think it will be a distraction of the election; I think it will be an incentive. And I do think that if we have money for sea level rise, for climate change, we can go to Washington and not stand at the end of the line, but go on the front of City of Miami Page 111 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 the line and say to the Federal Government, you know, "We have money approved by the voters, so you guys have to come up with matching funds"; as well as we do on the State. So basically, what we want from you -- and it's kind of a direction -- should we proceed with that? Just recently, the Coconut Grove Playhouse, there is a movement of residents of Coconut Grove not to save the playhouse. We know that there is money allocated, but, by the way, it has been abandoned for many, many years. And now, there is a group of people that really want a bigger theater; not a 300-seat theater, and that is possible to be part of the bond issue. Look at the Olympia. The Olympia is aging. In 2009, it was going to close. Herman Echevarria, who passed away, came with a solution, and they are kind of stable now, but, eventually, repairs have to be done. But I think the most important thing is sea level rise and resiliency, and climate change will be, because that will impact the City. I don't live on the water, and I don't think I'll be alive in 50 years, so it's not about me. It's about my children and the children of my children. But I think it's important that we leave something for them in terms of climate change and sea level rise. So if you allow Chris to give you some details and just get your direction as to what we should do. Should we just continue with the community meetings, or should we just forget about it and focus on the budget? But I think that Chris has a lot of interesting information. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. Vice Chair Russell: Thank you, Mr. Mayor. I will be very glad to bring a motion with regard to this item, but I have a bit of confusion, because this is really round two, right? Last year, we went for this, and when it did not get past this Commission, I do distinctly remember Commissioner Gort giving direction to the Manager to bring it back -- Mayor Regalado: Right. Vice Chair Russell: -- to do it with the proper method of public inclusion, so that it could, one, get past this Commission; and more importantly, get past the voters, because at the end of the day, this is their dream, not ours. This is not our decision. And I really feel like -- to say continue community meetings, I don't know of the community meetings that have been happening, and I had thought they would have been happening by now. I didn't realize that the management was waiting on a further action from us to proceed with investigating this. I know there are mixed feelings on the dais, but I really believe this is the decision of the voters, not us, and I hope that we give this the chance to get to the voters. A couple questions really quickly, because I had originally heard that, without raising our millage, we could seek up to 270 million, which was the original ask last year. We're at 100 million this year, is what you've mentioned now, or --? Mayor Regalado: No, no. Christopher Rose (Director, Management & Budget): No, sir. Vice Chair Russell: Okay. I misunderstood, then. Mayor Regalado: No, no. Commissioner Gort: 200 -- Vice Chair Russell: It is -- it's the same then. Mayor Regalado: It's the same, it's the same. City of Miami Page 112 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Rose: 275. Vice Chair Russell: Right. But what we decide to put in there -- We have a list of needs that we know, through the Administration, that are necessary capital improvement needs, but I really do believe that in order to get the public behind this, for them to truly understand that this is the most efficient way; rather than to tax a dollar and spend a dollar, to take that tax dollar and leverage that, to multiply that to create the money that can, you know, complete our dreams in terms of resiliency, historic preservation, affordability. These are things that we will be able to do with this bond, like you said, that will last for generations. I do believe that the voters will be there for it, but only if they are fully included in the process. So -- Mayor Regalado: I agree. I agree with you. And, of course, the timeline continues in terms of community meetings until June 2, June 3; and then in June 22, have the discussion at the City Commission; and then, you know, have the language and the projects approved. As you know, the projects, all the projects have to be within the language. So -- And, yes, the Commission -- For instance, Commissioner Gort talks about infrastructure, which is about flooding in certain areas, and you certainly have said a lot of things. And now, we are talking about the Playhouse, and we're talking about even facilities for the Police and Fire. But I think you're right; the last word is from the people, and then the people will decide. I do -- I really don't think that this will be controversial; that's my take, because it is something that needs to be done, and the people recognize. But maybe Chris can give more details as to which information we have received as of now from the Commission and from community leaders. Mr. Rose: The Mayor has covered -- Commissioner Gort: Mr. Chairman. Mr. Rose: -- just about everything. Chair Hardemon: Before you move forward, Commissioner Gort. Commissioner Gort: Let me tell you, I think you have all the information from all our office, requiring different demands in the infrastructure that we need in our neighborhoods. I think you have plenty of that. But I think it'd be very important to understand for us and for the people that are going to vote on this, number one, the City is in drainage. There's a lot of people that are not aware what that is, and what we need to do. And we got $100 million. I would like to know how we're going to spend the $100 million and how is it going to improve the City facility, and how it's going to avoid in the future any problem with the sea level. Roadways improvement. I think we all need roadway improvement throughout the whole City. It's got to be specific, how we're going to use those funds, and where they're going to be implemented in. The workforce housing, I think we all agree to that. We all want it, because this could be a matching fund for additional -- and this is where we can work with the private sector; we put up so much, you have to put up the rest, and we have to create that incentive for workforce. Police and Fire equipment. I'd like to know from the Chief what is it the Police, what is it the Fire, that they want? What is the equipment they need and for how long, and where are we going to spend it? Because right now, we spending money in Police piece by piece. We'll have to have a whole plan what the whole Police needs. Police and Fire infrastructure. We need to explain to our self and to the individual what is it going to do and how is it going to benefit them, because people are always going to say, "What's in it for me? What benefit am I going to receive? I'm willing to pay, but how is it going to improve my life?" And Fire and Rescue, the same thing. I think the -- we need to explain all these things. City of Miami Page 113 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Citywide pool facility. How are we going to use it? Where are we going to use it? People need to know that, because where there's no pool, people want to know, "Why should I pay for something that's not within my neighborhood?" Historic Preservation. I think the historic preservation, one of the things we talked about is the building we just gave rent for 99 years; that there's something called "air rights" that the City can sell on all our historic properties, and utilize those funds for that. The citywide improvement and safety features. Where do we go to? Where is it going to go? Community trails and bikeways. I think we need to understand how that funds are going to be used, and the people -- when you go to the meetings, you got to let people know how those funds are going to be used. Mr. Rose: Yes, sir. Commissioner Gort: That's all. Mr. Rose: I agree completely, sir. Chair Hardemon: Is there any other discussion? Vice Chair Russell: I'd like to make a motion directing the City Manager to come back to us as soon as possible with a resolution declaring the City's official intent to issue, subject to a referendum and voter approval, on November 7, 2017, one or more tax-exempt and taxable general obligation bonds for capital projects and capital improvements; and further, to go through a full public process of information - gathering and education with regard to this bond. Commissioner Gort: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion? Commissioner Suarez: You go first. I think it's a little premature. I understand that this is sort of a broad vision that you brought here today, Mayor, and that's why I wasn't going to chime in too much, but some of the categories from like last year's proposed project list -- For example, last year, the proposal was for $30 million in sea level rise mitigation; this year. This year, it's a hundred million dollars, so that's a $70 million increase; that's a significant increase from one year to the next. I don't think our sea level rise problem became 70 percent bigger from one year to the next; it's just a 70 percent increase in money. So the question is -- Mayor Regalado: Right. And Commissioner, if I may, what happened was that you would think on sea level rise, well, it's -- you have to build a wall, a seawall or whatever. But as we proceed, it was talk about -- like, for instance, not only water pumps, but road repairs near the waterfront; also, small -- very small pocket parks, on a level that is deeper than the regular -- That's how the experts have been advising that the expenditure needs to be done in all these things that have to do -- You're right. It's not that -- the concern has not increased 70 percent. It's that the needs that the expert keeps telling -- The other day, there was a group from London that came before the Sea Level Rise Committee, and they were talking of a dire situation in terms of insurance and all that. So that's why you see the magnitude of the hundred million dollars; which, by the way, it's less than Miami Beach has already spent, and they're still struggling. But we are told that having that kind of money approved by the voter is a good leverage at the State level and at the Federal level; that's why the hundred million dollars. Commissioner Suarez: So I appreciate the answer. I still think that I'd like to see a breakdown of how -- City of Miami Page 114 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mayor Regalado: Yeah. Commissioner Suarez: -- a hundred million dollars are going to be spent, number one. Commissioner Gort: I think we all asked for it. Commissioner Suarez: Number two, I can tell you that roadway improvements, $20 million, I mean, that means, if you break it down by five, you're talking about $4 million a district for 25 to 30 years. $4 million of needs a district? I mean, there's -- Commissioner Gort: It's not enough. Commissioner Suarez: -- that's nowhere near -- I mean, I have 44 million, 8 hundred and 62 dollars -- I'm sorry -- $862, 445.73 worth of -- Vice Chair Russell: "B" numbers. Commissioner Suarez: -- needs. Right, "B" numbers, exactly. And so, that's just one district. I'm sure you guys have a ton in your district. Commissioner Gort: I got plenty. Commissioner Suarez: So I don't see anything here on transportation, for example. I think one of the biggest issues that we're facing in our community, in our City is transportation. You know, we've talked about a tunnel. We've talked about, you know, a variety of things. At some point, you know, if we want to connect Biscayne to downtown, FDOT (Florida Department of Transportation) may come to us and say, "We need you to do X' number of dollars," so that's something to consider. I just think it's a little premature. I have no problem with tasking the Administration, as you said, to go to the community and start having the discussion, and I don't have a problem with -- Mayor Regalado: That's all we want. Commissioner Suarez: Yeah. And I don't have a problem with continuing the conversation, because we just put this together. I just got this from my own staff yesterday, and I know that we've been trying to meet, so I don't -- You know, I want to work with you. I mean, I think that there's a lot of work to be done. Mr. Rose: Yes, sir. Commissioner Suarez: That's -- those are my concerns. Vice Chair Russell: Thank you. Commissioner Carollo: Mr. Chair. Fernando Casamayor (Chief Financial Officer/Assistant City Manager): Mr. Chair. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you, Mr. Chair. I agree with what Commissioner Suarez is saying. I think he's right on target. And I also agree with what Commissioner Gort was saying, because some of these numbers, I would like to see a -- more of a breakdown, to see exactly -- You know, a hundred million dollars, you City of Miami Page 115 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 know, that's not pocket change. So, really, where are we going to be focused there? The workforce housing, $20 million. Okay. Exactly how are we going to be spending that money? Is it incentives? Is it purchasing property, like what you mentioned, and then doing a P3? So again, I don't mind starting to go out to the community and starting the process or continuing the process, if that's what your motion is, but I agree with Commissioner Gort and Commissioner Suarez with regards to the details, and really focusing on the needs and the real dollars. In other words, I've always said, you know, a hundred million dollars, did you just throw that up in the air and came up with a hundred? You know, we went from 30 to a hundred. How did you come up with that number? You know, so I want the justification of that number, so I could see -- Okay, I see how you're coming up with a hundred million. It's because "X" million will cost this, and this will cost "X" amount, and then you see. So, in other words, roadway improvements, how did you come up with that number? And you could say, "Well, Commissioner Suarez has the list, and these are all the streets." I gave you all the streets in District 3. Mr. Rose: Yes, you did. Commissioner Carollo: Well, I have all these streets, and we did estimates. Hopefully, the estimates are reasonable. But anyways, we did estimates, and our estimates came up to this. Commissioner Gort, Commissioner Russell, Commissioner Hardemon, he gave us this list of streets, and we got together with our CIP (Capital Improvements Program), maybe the private sector, and we did estimates on all these repairs for all these streets. Therefore, all these repairs, when you put them all together, ends up being "X" millions of dollars. That's how we come up with this amount. There, I feel more comfortable. But just saying $20 million there or $40 million there, a hundred, that's -- Here's my napkin, by the way. Here's my napkin. That's -- I don't think it's going to fly with this Commission. Commissioner Suarez: Mr. Chair. Yeah, I mean, I basically agree with everything that Commissioner Carollo said. I think, you know, we have a lot of work to do. Mr. Rose: Yes, sir. Commissioner Suarez: And I think getting into the nitty-gritty -- By the way, I don't think we're going to be able to solve all these problems in one bond issuance, so I think we need to be realistic and think -- You know, all these are great objectives, but sometimes, they come into competition with each other, right? Like, for example, for me, because I have a very linear district, roadway improvements, very important. And so, you know, to me, $4 million of roadway improvements is not going to work for 25 years; that's just my district, and that's the way that my district functions. So we -- you know, some of these things are going to have -- that's why it's going to have to be a real difficult discussion of -- Mr. Rose: Yes, sir. Commissioner Suarez: -- "How much do we put here? How much do we put there? What's realistic? What are we going to be able to solve with this? What are we not going to be able to solve with this?" et cetera. Vice Chair Russell: Mr. Chairman. Chair Hardemon: Commissioner Gort and then Vice Chairman. Commissioner Gort: That's why I asked -- It's very important you tell us how you came to those numbers, and we might want to change them, because the -- Let's say the hundred million dollars, maybe it could be divided into 50 right out front, where City of Miami Page 116 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 we can do immediate release. And then, like Commissioner Suarez stated, we might need additional bond issues later on, and then maybe we can create revenue bonds. There's all kinds of bonds that we can do to finance all these events, and it doesn't have to be one, all the funds, because, first of all, we got to make sure that we can spend those money, because once you do a bond issue, you got to spend it in three month -- I mean three years. So you got to make sure whatever project you get together, you can spend it within three years; if not, we're going to have problems. So that's why we need the breakdown on all the issues that we have here. And I think it's very important for us to understand, because if we understand it, we can sell it a lot better. Also, it's very important that the press understands it, because we all know how negative the press can be. They can say, "Oh, here we go again, $250 million. What are we going to do with it?" this and that, and so on, so that -- and to inform the people, it's important to let them know how we're going to spend it, and how they're going to benefit. Mr. Rose: Yes, sir. Mr. Casamayor: Mr. Chair. Chair Hardemon: Just a -- Mayor Regalado: All we are asking is the direction if we move to the next level, which is the full community meetings and reporting back to the Commission. And I think Fernando wanted to say something. I don't know if Jane want to say -- Go ahead. Commissioner Gort: When you go to the community, you want to tell them how you're going to use it. Mayor Regalado: Huh? Commissioner Gort: When you go to the community, you have to tell them how you're going to use this -- Mayor Regalado: Right. Commissioner Gort: -- so they won't be confused. Mayor Regalado: Right. And that's why you want to say and then Fernando. Chair Hardemon: Before we have any comment from you, Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Gentlemen, I appreciate your support in my motion for this. I want your -- I want you to be assured that this -- these numbers we're looking at now is a starting template. Commissioner Gort: Right. Vice Chair Russell: This is not the final product by any means, because the public process this needs to go through will make this completely different from what we see today. We absolutely will have to pick our battles, because the asks will be far greater than what we're able to produce with this, but I'd love to see that universal participation; that participatory type of budgeting that brings in the demand from the public for what they'd like to see as building and fixing and creating for the City. The public process, though, needs to be way different than what we did last year. I really do hope that Jane and Mike and Diana really work together with the community on a communication method that isn't, "Here's what we're thinking about. Are you up or City of Miami Page 117 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 down?" but really finds the way to open up the communication lines, draw them in, and start giving examples, and getting that activation from the community that gives us a usable list that we can then work with and feel comfortable that the voters will then approve. So thank you. Mr. Casamayor: Good afternoon, Commissioner. Fernando Casamayor, Assistant City Manager. Thank you for your comments. We plan on piggybacking on several existing meetings that we already have. Chris has a budget meeting scheduled throughout the community as part of the budget process. We're also going to be doing some virtual meetings this year. We're going to be utilizing our talents with our CRO (chief resilience officer) and our chief innovation officer, as well, as part of this, and what I'd ask for you all is if you would also let us know of any particular meetings that you would like us to attend to do this. So if you know of an area or a group of individuals in your district that need an additional meeting or some more information or would like to comment and give us some more details and feedback, we would be very willing to do so. We didn't want to go out to the public with a list of potential projects and get some excitement up unless we knew that there was some approval from this board, so. Commissioner Gort: I'd like to give you a suggestion. Make sure you give all the information to the NET (Neighborhood Enhancement Team) Office. They're the one that are in the street. They're the one can educate our community and questions going to go to them. Mr. Casamayor: Yes, sir. Mayor Regalado: If we can get Jane -- Mr. Casamayor: Sure. Mayor Regalado: -- to explain to you how this has evolved in terms of different asks and different proposals. We're talking about the hundred million dollars. Jane Gilbert (Chief Resilience Officer): So in terms of the hundred -- Chair Hardemon: Your name? Ms. Gilbert: Oh. Jane Gilbert, chief resilience officer. In terms of the hundred million piece of the bond template, as Commissioner Russell mentioned, is that that is both for drainage improvement and hardening related to increased flooding risks related to sea level rise. If we look at our 2012 Storm Water Master Plan, which didn't even take into account sea level rise, we've made some improvements on that, but that was 224 million. We've made some, so we've drawn down, but we have additional needs on top of that that didn't even include any of our coastal areas. We still have some very important priority areas of drainage improvements that are more internal to the City, but now, we have additional ones along the coast and up the river that are also needs. And so, a hundred million is far less -- it's a fraction of what we would need to hit those priorities. But to the Mayor's point, we want to have money ready so that we can go to Federal Government, State, private financing opportunities to match it and leverage it. As soon as we get a new Storm Water Master Plan out, we're going to be ready to hit the ground running with some real investments. Commissioner Gort, you mentioned the concerns around bad press. I have big concerns around the bad -- I get calls daily from not only local press, but national and international. "What is the City of Miami doing to combat sea level rise?" Some of it's not press; it's investors. And so, we need to be able to have a very strong statement about what the City is doing in order to protect our future here and our City of Miami Page 118 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 economic base. So that's how it went to a hundred million. That's -- those are our thoughts. Any questions, I welcome. Commissioner Carollo: Mr. Chairman. Thank you. And thank you for that. I appreciate that, because at the last bond request, I was the one who brought up $30 million to -- for sea level rise. We don't even have a Storm Drainage Master Plan; not to mention that the one that we have is obsolete, because it didn't even take into consideration sea level rise, so I understand. I clearly understand about the investors. But I don't want to just say, "Well, we're investing a hundred million dollars." So it's not just about we're throwing money at it. I want to see, hard core, what are we doing, because I could tell you, what I don't want is later on, for people in our community, residents in our community to say, "Can you believe a hundred million dollars, and for what? With that kind of money, you could have bought a boat for every resident of the City of Miami." So, you know, I say that, obviously, jokingly, but really, a hundred million dollars is a lot of money, and we want to see, okay, exactly what are we doing. What is the plan? Ms. Gilbert: Sure. Commissioner Carollo: What is the long-term plan? Ms. Gilbert: Understood. Commissioner Carollo: What is this money going to be spent on? Commissioner Suarez: Mr. Chair. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: And I sort of piggyback off what he's saying, which is, again -- and it goes back to something I said a little while ago. I doubt that this $275 million proposed GOB is going to solve all the issues that we have in the City of Miami, right? And so, when you talk about sea level rise as the old Storm Water Plan called for $220 million in upgrades -- and we haven't even done the new one to take into account sea level rise -- so presumably, that number will go up, right? A hundred million dollars is obviously not going to solve that problem. You know, our mass transit system, depending on who you believe in the County, is going to cost 3.6 -- or $6 billion to fix. The -- I think we're under consent decree in water and sewer, and I think that's a multi -billion -dollar, you know, countywide -- Ms. Gilbert: 6 billion or something. Commissioner Suarez: Right. So, I mean, the -- there are some huge issues that we're grappling with. And, you know, I take a little bit of exception to the idea that this is not a tax increase. Some people will say it's not a tax increase. If you're two years away from paying your mortgage at your home and you're in year 28, and someone says, "Hey, I got a great thing for you. You know, you" -- "We'll just extend your mortgage for another 28 years or another 30 years," you got to now pay that mortgage for another 30 years. So, you know, you're kind of -- some people are kind of hoping, "Yeah, I'm going to retire, and I don't have to pay my mortgage anymore." So it is a significant investment in our City. And the question is -- You know, sea level rise is a huge issue, transportation is a huge issue, our infrastructure is a huge issue, and that has different components. So I think the debate here is trying to get to a level of specificity. Why? Because let's say, for example, of your hundred million, maybe the inclination is to say, "We're going to spend a significant amount of that on the coast," right? I mean, that -- City of Miami Page 119 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Ms. Gilbert: No. Commissioner Suarez: -- maybe -- well, I don't know. But we don't know, because we don't know where that's going to be spent. So, you know, I may have a resident in Flagami who says, "You know, why should I pay the taxes for something that's going to be somewhere else in the City?" So, again, that's why I think the blanket category is -- needs to be broken down, because if you're going to talk to a resident in Shenandoah, you're going to talk a resident, you know, in another part, you don't want to give the impression that this is something that maybe will only benefit a coastal area, but it's not going to benefit something that's a little bit more in the heart of the City, in the internal part. So you're saying, "no," which I appreciate, and I'm glad. Ms. Gilbert: No. Commissioner Suarez: Because I think, for example, in District 4, we have -- I'm not exactly sure what the exact number is, but I know we have at least two or three funding mitigation projects or pump projects that were never built -- Ms. Gilbert: Right. Commissioner Suarez: -- that have not been built. And so, you know, again, that is something that's important. Ms. Gilbert: Needs. Commissioner Suarez: Exactly. The needs are still there, and we have to do them. Mayor Regalado: If I may? Ms. Gilbert: And as groundwater rises -- Commissioner Suarez: It's a bigger need. Ms. Gilbert: -- it be -- continues. It's -- to my point, it's not just a coastal issue. Commissioner Suarez: And our -- just one second, Mayor. Our former CIP standard, if I'm not mistaken, was a five-year rain event, or that's our current CIP standard. I don't know if we've changed it; meaning, we build drainage to a five-year rain event. The problem with that is, what I've seen in a lot of parts of the City is we have five of those a year; not one every five years. So the rapidity with which the environment and the weather has changed, I think, is very dramatic. And I could tell you that we've had situations where we've had to pump water from an area in Silver Bluff to 27th Avenue, which is an FDOT project, because they have a standard that's rain event every 25 years; a 25 year rain event. And so, that is a, you know, five times greater capacity. And so, we have to decide as a city, should we be at -- you know, 10 years, 15 years? Where should we be in terms of our capital projects going forward? Which is something that, you know, we really need to look at, and that's going to influence that number, as well. Mayor Regalado: I just want to add -- just memorializing history -- the "No -Name Storm" in 2000. There was a storm that wasn't named, but it was a storm. And one of the areas that suffered most in the City of Miami was Flagami; 62nd Avenue, 61st Avenue, from Flagler to 7th Street. The water came to the doors and inside the houses, so much so that Community Development at the time had to bring trailers for people to fill applications to get grant from FEMA (Federal Emergency Management City of Miami Page 120 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Agency) and the Federal Government and the City. Because of the bond issue of 2001, we did two pumps in 62nd, and now flooding is solved; there is no issue. Commissioner Suarez: Yeah. Mayor Regalado: And Commissioner Suarez is right; Silver Bluff -- and if you go to the Boys Club here on 32nd, which is not in the coast, it's a huge flooding, so much so that the Fire Department had to use fare trucks to pump water to 32nd Avenue. So this is a citywide issue, so -- and like we said -- like we are saying, the only thing we need is the green light to just go in full force to the community and start bringing back everything. Commissioner Gort: I think what we're doing here today, we can give you the green light, but I want to make sure that we are well informed. At the same time, when we're talking about the sea level rising, I think this is a countywide, statewide issue, and I want to make sure that we are complying with the Master Plan, because there have to be a Master Plan. We're not -- can't continue to do piecework in different city. It's got to be a Master Plan that's created by the State and is created by the County, and we become part of that Master Plan. The same thing with transportation. I mean, transportation -- and Commissioner Suarez, I thank you for all the work you doing in the MPO (Metropolitan Planning Organization), but at the same time, transportation is a County obligation, and whatever we do, we need to combine it to make sure that if we do anything, it's combined with the County. So I want to make sure we have that, the Master Plan, and we are complying with that. Commissioner Suarez: Mr. Chair, ifI may. Commissioner Gort: And what you're getting here today is information from us. I mean, you're asking us to -- the answer, and giving you -- and that's what we're doing today; giving you a lot of questions that we need to have answered. Commissioner Suarez: I think something that our chief resiliency officer said that is absolutely correct is we want to find opportunities to leverage whatever dollars we invest with other governments and with other entities, whether they be private -- sometimes transportation is done through private/public partnerships and sometimes it's through leveraging Federal dollars. And so, we definitely want to be ready to leverage to the maximum extent possible, you know, our dollars, so we can get the full benefit for our residents. Chair Hardemon: Is there any further discussion? Hearing none, is there an objection to the motion that was on the floor? Seeing none, the motion passes. All right. Commissioner Gort: You got the green light. Mayor Regalado: Thank you. City of Miami Page 121 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 DI.4 DISCUSSION ITEM 2056 Commissioners and Mayor DISCUSSION ON THE IMPACT OF THE PRESIDENT'S PROPOSED BUDGET ON THE CITY OF MIAMI. RESULT: DISCUSSED Commissioner Gort: I have a discussion item, which I think is very important. Thank you. Lillian Blondet (Director, Grants and Sustainable Initiatives): Thank you. Have a good day. Chair Hardemon: Yours is DI.4? Commissioner Gort: Yeah. Chair Hardemon: Yes, DI.4. Commissioner Gort: I think it's very important for all of us to look at the Federal budget, what's going to be happening to our social services and so on. These are going to be projections, my understanding. Christopher Rose (Director): Good afternoon, Commissioners. Chris Rose, Office of Management and Budget. Diana Arteaga set up a phone call yesterday with the Whitehouse and the Federal OMB (Office of Management and Budget), and we had a good discussion with them about what might be coming. We've been looking at the President's proposed budget. This is what's known as the "skinny budget" up in DC (District of Columbia) right now, and it's pretty high level at the moment; they're still working out the details. But it falls into really three categories that we know of right now. There are things in Community Development, there are things in the Fire Department, and there are things in the Parks Department. There are a bunch of "what -ifs" after that, but those are the ones that we're really focusing on at the moment. So I'm going to -- Commissioner Gort: You got your projections? Mr. Rose: George is up, so. George Mensah: George Mensah, director, Community and Economic Development. As probably you've all heard, the President's budget is really very hard on community development. Most of our programs are supposed to go for 2018, and the CDBG (Community Development Block Grant) Program was zeroed out of the President's budget. The HOME (Home Investment Partnership Program) Program, which is the one we use for affordable housing, was also zeroed out, and ESG (Emergency Shelter Grant) was also zeroed out. The only funds that was in place where they didn't do anything about it was the HOPWA (Housing Opportunities for Persons with AIDS) Program, and we are not even sure -- they weren't sure about whether that was cut or that they left it to the President. So, basically, if the President's budget goes as it is, then there will definitely be no programs for next year. Now, for this year, which is the continued resolution, the President have requested that they reduce the CDBG funding by half and this is the -- for us, this is the year that starts from 2017, October 2017, and they left the whole program away. So -- which means that by October -- I mean, the budget that we are discussing right now, that will short by at least $2.3 million if the President budgets City of Miami Page 122 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 go through. We are only hoping that when Congress goes in session next week that they will do a continued resolution for the rest of the year, which means that our funding will remain in place, or they will do what is called "omnibus funding," which will include both continuation and some actual -- what do you call? -- bills. So that's what we are hoping for. If that -- the only thing that can have -- be good for us is that all Congress -- every Congressperson that we've talked to have told us that CDBG will not go away. So we know that it will stay, but at what level, we're not sure. So we still continue to reach out legislators to -- for them to help us. We've had a "Dear Colleague" letter that was signed by almost 140-something Congressmen in the House, which is a very good number, to keep CDBG. So that is where we are with those funds. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Section 8, my understanding, is going to be cut? Mr. Mensah: Section 8 has not been touched. What has happened is that they include a reduced funding for Section 8, which means that if you have any increase in the rental amounts, then we're going to have problems. Commissioner Gort: How many Section 8 do we have, vouchers? Mr. Mensah: We currently have about 400 and -- Commissioner Gort: 400 vouchers. Mr. Mensah: -- for vouchers, (UNINTELLIGIBLE) about 126, but in all the City program, about 416, also. Commissioner Gort: Yeah. Commissioner Carollo: Mr. Chairman. Commissioner Gort: Yes, sir. I'm sorry. Commissioner Carollo: Thank you. I haven't seen the numbers, but I would like to see them when you get a chance. Mr. Mensah: Sure. Commissioner Carollo: And unless I understood incorrectly, the Mayor said that he just came from a meeting this morning with Secretary Carson, and that Secretary Carson said that there will be no cuts to public services. Mr. Mensah: I'm not sure -- I think I heard -- Commissioner Carollo: Unless I -- Vice Chair Russell: To social services? Commissioner Carollo: Yeah, to public services. So, in other words, they give us -- let's say they give us "X" amount of funds; let's say it's a hundred, okay? 15 percent of that hundred goes to public services, which is the ones that does the elderly meals, the -- for the senior centers, and does the programs for the kids, daycare and so forth. So when the Mayor says, "public services," that's what I'm looking at. And unless I understood, you know, incorrectly, he said that Secretary Carson said that they will not cut public services funds. City of Miami Page 123 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Mensah: I -- Commissioner Carollo: Now -- Mr. Mensah: -- that might be true, but -- Commissioner Carollo: -- the issue is, if it's still 15 percent of an amount and that amount is smaller, then public service does get cut, so I'm not sure; that's why I want to see the numbers, and I want to see exactly what it is. Mr. Mensah: Yeah. Yesterday, when the call with the OMB -- Commissioner Carollo: Unless we change -- like what I've tried to do -- I don't know how many years ago -- which the Mayor briefly mentioned this, this morning -- we change the flexibility, so instead of 15 percent, it lets us go up to 25 percent; or, even better, to whatever percent we think, and then that way, that's one way of assuring that public services does not get cut, because what happens is that -- I (UNINTELLIGIBLE)-- let's say -- and I'll use the same example of a hundred -- 15 percent or $15 goes to public services. Well, those $15 is not enough; therefore, the City always subsidizes these programs, and has to use general fund dollars to subsidize these programs; yet, for economic development, a lot of times, it's hard to spend those dollars, and that's where we get into issues with -- Mr. Mensah: Timeliness. Commissioner Carollo: -- timeliness. So if the Federal Government gives us the same amount of money, but allows us the flexibility, so instead of 15 percent, to go up to 25 percent or 30 percent, you know, then that way, we don't have to use general funds in order to provide those services of public -- you know, public services, and it's still not actually asking for more money. With that said, we'll need to discuss it now to see where we're at, because if they cut any funding with CDBG and we still apply that 15 percent, in essence, 15 percent of 90 is less than 15 percent of a hundred, so then public services will be cut, and that's why I think we need to have the discussion. And if -- next week -- won't be next week, but maybe the following week, if you can come by my office and -- Mr. Mensah: They may -- Probably, the best thing to do is wait for the main -- the May budget numbers from the President. That will have a detailed -- more detailed amounts, so we can really talk about that. Commissioner Carollo: Got you. Vice Chair Russell: Commissioner Gort? Commissioner Gort: Yes. No, no, I'm fine. Vice Chair Russell: Thank you bringing this issue. It's -- it could be dire, considering the cuts that HUD (Department of Housing and Urban Development) -- we've seen from HUD even last year. We need to study the numbers, but this may be the dark side of making America great again. We need to be more creative in the way we find funds and create funds. The private/public partnerships that we've been coming up within the City to accomplish goals; looking at the bond issue; even the CRA (Community Redevelopment Agency). Jason Walker and all of those hundreds of units of affordability do not include Federal subsidy; that's all utilizing the power of the CRA. And so, we need to be as creative as possible; and then, of course, advocate for maintaining as much of the funding that we can for your department. City of Miami Page 124 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 Mr. Mensah: That's true. Vice Chair Russell: Is there any further discussion on this item? Commissioner Gort: You want to make a statement, sir? State your name and address, please. Chair Hardemon: Right. Thank you very much. It's just -- I wanted to see myself on camera from this point of view. Right. END OF DISCUSSION ITEMS City of Miami Page 125 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: DI.2. Discussion on the update on Career Center. Commissioner Suarez: Oh, can I move -- can I defer something real quick while you -- Before that happens, can I just defer? I need to defer PZ.1 and 2 to the P&Z (Planning and Zoning) meeting of May. Commissioner Carollo: Move it. Commissioner Suarez: Second. Commissioner Gort: Second. Commissioner Suarez: Sorry. Nzeribe Ihekwaba (Chief of Operations/Assistant City Manager): Mr. Chair. Chair Hardemon: It's been properly moved and seconded. Any further discussion on the motion? Vice Chair Russell: Do we have to wait till the P&Z agenda to defer a PZ item? Chair Hardemon: No. It just has to be after a certain time, right? Commissioner Carollo: After 2. Commissioner Suarez: Not 5. What was that? Just after 2, right? Nicole N. Ewan (Assistant City Clerk): Yeah. Commissioner Suarez: Okay. Cool. Commissioner Carollo: After 2. Chair Hardemon: Right. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Mr. Ihekwaba: Mr. Chair. Chair Hardemon: Yes. Mr. Ihekwaba: The Administration would like to defer completely item DI.1. Chair Hardemon: We've already done that. Vice Chair Russell: We've done that. Mr. Ihekwaba: Well, it was only the components of the Audit Advisory Board. Chair Hardemon: Oh. City of Miami Page 126 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 PZ.1 1030 Department of Planning and Zoning Mr. Ihekwaba: The UDRB (Urban Development Review Board) -- Commissioner Carollo: We did that. Mr. Ihekwaba: -- is not going to be able to (UNINTELLIGIBLE), so to May 25. Chair Hardemon: Okay. So there aren't any other annual reports of boards or committees, besides the one that you just said? Mr. Ihekwaba: Only two of them were applicable. Chair Hardemon: Okay. So I just want the record to proper reflect that the entirety was deferred. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.1 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item PZ.1, please see "Part B: PZ - Planning and Zoning Item(s)." City of Miami Page 127 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 PZ.2 ORDINANCE Second Reading 1031 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING Planning and CLASSIFICATION FROM T3-R, "SUB -URBAN TRANSECT ZONE - Zoning RESTRICTED", TO T4-L, "GENERAL URBAN TRANSECT ZONE - LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2610 SOUTHWEST 14 STREET AND 2611 SOUTHWEST 15 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PZ.2 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item PZ.2, please see "Part B: PZ - Planning and Zoning Item(s)." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 128 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 129 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 130 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 131 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 132 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 133 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 134 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 FL - FUTURE LEGISLATION FL.1 ORDINANCE 1909 Department of Planning and Zoning FL.2 2099 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.16, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM" TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING / ART IN PUBLIC PLACES", TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 135 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 NA.1 2207 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY TO DRAFT A PROPOSED ORDINANCE TEMPORARILY WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT", SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(D), DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH; DIRECTING THAT THE PROPOSED ORDINANCE BE SCHEDULED FOR FIRST READING AT THE APRIL 27, 2017 CITY COMMISSION MEETING. ENACTMENT NUMBER: R-17-0190 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 further minutes referencing item NA.1, please see items PA.3, FR.3, and RE.6. City of Miami Page 136 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 NA.2 2191 Office of the City Clerk ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE APRIL 27, 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 CASE OF 1000 BRICKELL, LTD., F/K/A 1000 BRICKELL, INC., AND KAI PROPERTIES, LTD. V. CITY OF MIAMI, CASE NO. 14-11755 CA 23, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. 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 GENERAL LITIGATION CHRISTOPHER A. GREEN AND DIVISION CHIEF FOR LAND USE/TRANSACTIONS RAFAEL SUAREZ- RIVAS. 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: There's no further discussion items. I know the City Attorney has to read some stuff into the record, but other than that, the meeting's adjourned and you all are free to go. Commissioner Gort: Thank you. Vice Chair Russell: Thank you. Chair Hardemon: Absolutely. (UNINTELLIGIBLE) Victoria Mendez (City Attorney): Mr. Chairman, members of the Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of April 27, 2017, an attorney/client session, closed to the public, be held for purposes of discussing the pending litigation in the case of 1000 Brickell, Ltd., formerly known as 1000 Brickell, Inc., and Kai City of Miami Page 137 Printed on 5/18/2017 City Commission Meeting Minutes April 13, 2017 ADJOURNMENT Properties, Limited, versus City of Miami; Case Number 14-11755 CA 23, pending in 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 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: Chairman Hardemon, Vice Chairman Russell, Commissioners Gort, Carollo and Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys Greco and Min; Division Chieffor General Litigation Christopher Green; Division Chieffor Land Use and Transactional Rafael Suarez -Rivas. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney/client session, the regular Commission meeting will be reopened, and the person chairing the Commission meeting will announce the termination of the attorney/client session. Thank you. Todd B. Hannon (City Clerk): Victoria, what is the date for this attorney/client session? Ms. Mendez: The date was April 27. Mr. Hannon: Thank you. Ms. Mendez: Thank you. The meeting adjourned at 5:18 p.m. City of Miami Page 138 Printed on 5/18/2017