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HomeMy WebLinkAboutCC 2017-05-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 01 n l•'41111111 �'' f 1// -y // 7 i 113 i * INC69P°RATED * 19g96 Q i lllh\f Off'♦O�_ R Meeting Minutes May 11,2017 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 May 11, 2017 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Gort, Commissioner Carollo and Commissioner Suarez On the llth day of May 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 9:11 a.m., recessed at 12:15 p.m., reconvened at 3: 07 p.m., and adjourned at 4:26 p.m. Also Present: Daniel J. Alfonso, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the May 11, 2017 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Wifredo Gort, Frank Carollo, Francis Suarez; Ken Russell, the Vice Chair; and me, Keon Hardemon, the Chairman. Also on the dais are Daniel J. Alfonso, our 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, led by our Vice Chairman. All rise, please. Commissioner Gort: Thank you. Invocation and pledge of allegiance delivered. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 2280 Honoree Presenter Protocol Item 27 Overtown NET Farmshare Event Comm. Hardemon Certificates of Appreciation National Tourism Month Comm. Hardemon Proclamation PlusUrbia Comm. Russell Salute RESULT: PRESENTED 1) Chair Hardemon presented Certificates of Appreciation to twenty-seven (27) City employees who participated in the Overtown Neighborhood Enhancement Team (NET) Farm Share at Dorsey Park on April 7, 2017. Mayor Regalado, the City of Miami Police Department and the Overtown NET office partnered to bring a food distribution event to the Overtown NET area. Elected officials paused in their deliberations to express their gratitude for these employees whose commitment elevate the quality of life in the City of Miami. City of Miami Page 1 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 2) Chair Hardemon proclaimed May 11, 2017 as `National Tourism Month". The Greater Miami Convention & Visitors Bureau (GMCVB) is the official Tourism and Marketing Organization for Greater Miami and the Beaches and celebrates National Tourism Month. The GMCVB promotes Miami as a preferred tropical and cosmopolitan destination for conventions, business and vacation travel, highlighting the desirability and attractiveness of Miami for tourists, who provide vital economic, cultural and social benefits, including a record 136,500 jobs, a record $25.5 billion in revenue, and $241.0 million in taxes. Elected Officials paid highest tribute to the Annual celebration of National Tourism Month and join The Greater Miami Convention & Visitors Bureau in honoring the 15.7 million visitors who make tourism Miami's #1 industry. 3) Vice Chair Russell saluted and paid highest tribute to PlusUrbia Design and its partners at the City and private sector for creating innovative guidelines, incentives and zoning changes to transform Wynwood into a progressive arts community with pedestrian,friendly streets, transit corridors and green space. For this memorable accomplishment, PlusUrbia was awarded the planning profession's highest honor: the American Planning Association National Achievement Award/Gold-Economic Development Planning. Elected officials paused in their deliberations of governance in order to honor and commend PlusUrbia Design for a groundbreaking tour de force which will no doubt become a national standard in the revitalization of former industrial areas and their transformation into walkable mixed -use districts. 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 - Mar 9, 2017 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: Is there a motion to approve the City Commission meeting minutes of March 9, 2017? Vice Chair Russell: I'll move it. Commissioner Carollo: Move it -- second. Chair Hardemon: It's been properly moved and seconded. All in favor of that motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion shall pass. City of Miami Page 2 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 MV - MAYORAL VETOES NO MAYORAL VETOES Chair Hardemon: Are there any mayoral vetoes? Todd B. Hannon (City Clerk): Chair; there are no mayoral vetoes. END OF MAYORAL VETOES ORDER OF THE DAY 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. Good morning. 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, hoard member or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online on wwwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the proper disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online, 24 hours a day, at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may he at such later date before the City Commission takes action on such proposition. The Chairman may 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 may first state his or her name, his or her address, and what the item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Once 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 Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the 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, if any, are either being withdrawn, deferred, or substituted. Thankyou. Chair Hardemon: Mr. Manager. City of 'Miami Page 3 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Daniel .I. Alfonso (City Manager): Thank you, Mr. Chairman. Madam City Attorney, Commissioners, good morning. We would like to defer item PA.2 to June 8. Vice Chair Russell: Which one? Can't hear you. Mr. Alfonso: Defer PA.2 and CA.1 to the June 8 agenda; CA.3 and RE.4 to be deferred to the May 25 agenda; RE.5 to the June 8 agenda; and FR.4 to the June 8 agenda. Chair Hardemon: Commissioners, are there any other items that you wish to continue? Commissioner Carollo: Mr. Chairman. Vice Chair Russell: Yes, Mr. Chairman. Commissioner Carollo: I'll yield to the Vice Chair. Chair Hardemon: Vice Chairman. Vice Chair Russell: I'd like to defer RE.10, please, to the next Commission agenda. Chair Hardemon: Commissioner Carollo. Commissioner Carollo: Thank you. 1'd like to defer to the next Commission agenda CA.8. Hold on. I think -- Chair Hardemon: CA.8? Commissioner Carollo: Yes. Hold on, though. Mr. Manager. Mr. Alfonso: Yes. Commissioner; we were just asked about that a few minutes ago -- Commissioner Carollo: Right. Mr. Alfonso: -- so the Public Works director is telling me that there may be a timeliness issue with FDOT (Florida Department of Transportation), so if you want to explain that. Chair Hardemon: Go ahead. Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Public Works director. This right-of-way transfer over to the Department of Transportation is required as part of their right-of-way certification, prior to their plans being at Tallahassee, so we're trying to wrap that up for them; otherwise, the project may be delayed. Commissioner Carollo: Is there a time constriction or --? Mr. Santana: This is the last thing that they needed from us to get that right-of-way certification done. Commissioner Carollo: Okay. So I'll make it easy. I will not ask for the deferral; if we could just table this to the afternoon. Chair Hardemon: Okay. Mr. Santana: That's fine. City ofMiami Page 4 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Carollo: Okay. And if we could just confirm rm all the different deferrals and withdrawals, and all that stuff Mr. Alfonso: Thank you, Commissioner. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I was mistaken. For RE. 10, I'd like to defer to July 13, please; the first meeting in July. Chair Hardemon: Are there any other items? Seeing none, there are continuances/deferrals for item PA.2, CA.1, CA.3, RE.4, RE.5, RE.10, FR.4; and we're tabling to the afternoon CA.8. Is there a motion in accordance? Commissioner Suarez: So moved. Commissioner Gort: Move it. Commissioner Suarez: So moved. Chair Hardemon: It's been moved and seconded. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. PUBLIC COMMENT PERIOD FOR REGULAR ITEM(S) Chair Hardemon: So at this time, I'm going to open the floor for public comment for the Part "A" of our agenda, which, of course, is our consent agenda, our public hearing, second reading ordinances, first reading ordinances, and our resolutions. If you are here from the public and you'd like to make a comment on the record regarding any item that is on the Part "A" agenda, this is your time to do so. You may approach the dais, you may state your name, you may state your address, and which item it is that you are here speaking about. So I'm -- I will open the floor right now for public comment. You're recognized, sir. Taria Cherif Good morning, Commissioners. Vice Chair Russell: Morning. Mr. Cherif My name is Taria Cherif, of 2 South Biscayne Boulevard, Suite 3760, in Miami. I'm the cofounder of Rolling Loud Festival, which successfully brought 40,000 people to Bayfront Park, and I'm here to say thank you. Thank you to the City of Miami Commission and to the City, itself,' for allowing us to put on a fantastic three-day event at Bayfront Park. I would like to specifically thank Commissioner Carollo, who chairs the Bayfront Park Management Trust. I would also like to thank Commissioner Russell, who chair -- whose district includes downtown and Bayfront Park. Commissioner Carollo and the Trust members voted for our event to proceed when there was a question as to whether the contract we negotiated with the Parks former director should be honored. It was the right decision. The Miami DDA (Downtown Development Authority), which is chaired by Commissioner Russell, was also a huge help in our outreach efjbrts to the downtown area. To the thousands of residents who live near Bayfront Park, I extend a heartfelt thank you for being our gracious neighbors. Miami showed the world that Bayfront Park is the City ofMiami Page 5 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 people's park, regardless of the genre of music you enjoy hearing. It's events like ours that provide Bayfront Park with the revenue it needs to operate, since the park doesn't benefit from any tax dollars. I would also like to extend a special thank you to our public safety partners at Miami Police and Miami Fire Rescue. It's because of their expertise and guidance we had a safe festival, without any major incidents. Rolling Loud plans to return to Miami next year, bringing thousands of hip hop music fans to stay in our hotels, to eat in our restaurants, and to help underscore the spirit of inclusion that truly makes Miami the "Magic City." Thank you again, Commissioners. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Cheryl Jacobs: Good morning. My name is Cheryl Jacobs. I'm executive vice president of the Miami Chapter of the American Institute of Architects and the Miami Center for Architecture and Design. I am here to thank you for your -- thank Commissioner Russell for bringing our RE.8 item before you this morning. This is Active Design Miami. It is a program that began with us -- with an idea that I had after having learned about Active Design on a visit to New York, and wanted to bring it here to Miami. We were hired by the Florida Department of Health, through a grant, from the Centers for Disease Control, and have put together a wonderful coalition of representatives .from cities -- architects, engineers, planners -- and have developed a series of 69 strategies -- I brought my -- our beautiful book that was just printed -- that are evidence -based, and Maggie Fernandez, one of our team members, will talk about that in a minute. Active Design is a way to design buildings in public spaces, in such a way that allows us to have incidental activity, like putting stairs in the front of buildings, complying with complete streets guidelines. There are a lot of issues that are great to use that they're not -- it's not rocket science, but it -- there are things that the -- that aren't thought of when designing, and we hope that this will bring it to the forefront. Maggie Fernandez: Good morning. Maggie Fernandez, 3620 Southwest 21st Street, Miami, Florida 33145. So to piggyback on what Cheryl was discussing regarding Active Design Miami, I'm here in favor of RE.8, sponsored by Commissioner Russell. Thank you so much. So this was a year and a half process of putting together the strategies. It really was a labor of love for the entire team. While we were developing the guidelines, we niet with 20 cities; in total, representing 97 percent of Miami -Dade County residents. The City of Miami actively participated that year and a half through its Planning Department on the Advisory Board, so they provided valuable input into the process. So moving forward, we're looking to have 10 municipalities and Miami -Dade County to adopt the strategies in Active Design Miami. So far, we've received support from the City of Miami Beach, Pinecrest, Surfside, South Miami, Key Biscayne; and recently, Miaini-Dade County. And scheduled, we have Miami Lakes, Coral Gables, Aventura, North Miami Beach, and Sweetwater. So today, we look forward to your support of Active Design Miami, and once it hopefully is adopted, we'll have all three participants of 100 resilient cities having had adopted it, which is hopefully going to make our city and county more resilient. So thank you. Chair Hardemon: You're recognized, sir. Peter Ehrlich: Good morning, Mr. Chairman. Good morning, Commissioners. My name is Peter Ehrlich, and I live at 720 Northeast 69th Street, and since it took me 50 minutes to drive down here, I'm going to talk for 20 seconds in favor of Chairman's item FR.4. I understand it's been deferred, and I'm here speaking in favor of it; the ban on mural ads north of I-95. And I'm also dropping off a video for all of you. It's called "Billboard Wars," and you only have to see three or four minutes of it. I think it goes for 50 minutes, but please see it, or have your staffers see this video. And also, you probably all remember the article, cover story in Biscayne Times, 'Billboard Jungle. Outdoor advertising is Miami's crack cocaine. The money gets you high, but one day, it'll kill you." So we look forward to the item being heard in June. Thank you very much. City of Miami Page 6 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: Thank you. Ma'am, you're recognized. Brittany Thomas: Good morning. My name is Brittany Thomas, and I live at 8340 Southwest 65th Avenue, Miami, Florida. I'm here to speak on FR.2. One, I want to thank Commissioner Russell for bringing this ordinance or resolution; it's very important. As we know, evictions happen all the time, and usually, tenants are forced to get out of their apartments, and not enough time to find housing, or to find adequate place for their children or their families. So I commend you for actually bringing something to the table that it seems like everybody can get behind. And with tenancy being such a big problem and relationships between landlords and tenants not being something that is so great currently in this market, it's nice to see someone bringing resolutions and things that people who actually live in the City of Miami are advocating for. 15 days just isn't enough, and 30 is definitely a step in the right direction. So I commend you and thank you very much, and I'm sure that a lot of people here commend you, as well. Chair Hardemon: Thank you. Sir? Samuel Latimore: Good morning. My name is Professor Sam Latimore. I'm the president of the Hadley Park Neighborhood Association, and vice chair of the Neighborhood Coalition. I live at 937 Northwest 55th Street, Miami, Florida. I've been a resident of Miami -- the City of Miami -- for a long time Several weeks ago, I appeared before this body and said to them -- and passed out some information about Police Appreciation Week. I told them that it would be in May, and 1 encourage you all to get out there and tell your constituents that they need to say to the men and women who risk their lives on a daily basis, 24/7, to protect them from the mayhem and chaos that our communities have. 1 also share with you that last week -- last year, we were the first organization, to my knowledge -- and I'm talking about the Hadley Park, along with class of Miami -Dade -- Northwestern, Tacolcy and some other groups -- that got together and recognized the Model City's Police Department. We gave them plaques, certificates, and we had a brief passion [sic]. In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day, and the week in which the date falls as Police Week. Currently, tens of thousands of law enforcement officers from around the world converge on Washington, D.C. (District of Columbia) to participate in a number of planned activities which honor those that have paid the ultimate sacrifice. The memorial service began in 1982, which I'll skip to where we are today. I want to thank -- After being a police trainer and correctional trainer for the last 40 years, a police commander, a corrections commander, probation officer, defensive tactics and all the other kinds of things, I want to commend the City of Miami, especially the City Manager's Office; and more specifically, the Chief of Police and his officers for a fine job they've done in the area that I live. It is a tough area to police, but no matter what we have asked in terms of securing our safety, they have done that. I want to share it with the Chief with the City Manager and his staff. We certainly appreciate that. It's not true that members of my community are anti police. In fact, the vast majority of citizens who live where I live support the police, because we realize that they're the thin blue line between total chaos and death, and mayhem. On this Monday at 7 o'clock, we will again do what we did last year. We will get together those officers. We have six officers that we're going to recognize for outstanding jobs that they've done to protect our community. So on behalf of the City's -- Model City's District 5 citizens, I want to thank the City Manager and his staff,' and the Chief of Police, specifically, and his stafjfbr the excellent job you've done in making our community a little safe. We realize it's a tough area to police, but we realize that what you do has made a big difference, and thank you very much. Chair Hardemon: Thank you very much, sir. Doug Mayer: Good morning. City of Miami Page 7 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardman: Good morning. Mr. Mayer: My name is Doug Mayer. I'm -- reside in the City of Miami. I live at 2130 Northwest 13th Street, Miami, Florida. I'm here today to speak about FR.1, Number 1832. This is regarding the ordinance revising some issues related to the CIP, the Civilian Investigative Panel. I've been a member of the CIP for a little over two years now, and we have worked long and hard to make modifications to the Charter and the ordinance so that we can operate, not only efficiently and effectively, but to do more outreach to our community, to do better education of our board, and to achieve a staffing level that will allow us to do our job more effectively. In particular, I wanted to thank Commissioner Gort, who appointed me to the board; and also, to Commissioner Suarez and Commissioner Russell, who are co -sponsoring this ordinance today. I urge you to support this fully. I have heard some push -back on the issue of the fact that we are asking for one half of 1 percent of the Police budget to support the CIP, and I wanted to tell you why I feel that is so important to pass. As you probably know, the -- we're the only functioning CIP in South Florida, but that wasn't the case -- In 2009, there was the County CIP, and it was a functioning and operating organization until the Mayor, who at the time was Mayor Alvarez, and you may recall that Mayor Alvarez came .from the Miami -Dade Police Department. He was the former director. And I guess you could say he was not a supporter of civilian oversight. And what he did was, he zeroed out the budget for the CIP, and it basically ceased to operate since 2009, so for the last eight years, it's been out of service. That is no way to assure that we have good civilian oversight. So locking in a percentage of the budget is something that we believe is an effective way to assure the independence of the board long term, and it's something that we strongly believe in, and hope you will support. Thank you for the opportunity to address the hoard; appreciate it. Chair Hardemon: Thank you very much, sir. You're recognized, ma'am. Renita Holmes: Thank you. Good morning, each and every one, Commissioners. Madam Holmes for the record, Mr. Clerk and testimony and I -- for Madam Holmes, our Homes and Waive of Women in Public Housing, Education, Finance, Development, WOW (Waive of Women). And WOW spells -- upside-down spells 'Mom." 1'd like to wish every mother, every woman here a happy Mother's Day, in advance. You have to excuse me; I'm a little bit tired. My work is weary at times, particularly dealing with this resources, and in times like this. In regards to FR.1 and the CIP, as you know, I'm an experienced woman. You don't get that many African American women or persons with disability, I mean (UNINTELLIGIBLE), that will come down actually to give you testimony in regards to interactions. And I will tell you now, in equating it and wanting you to be open that I have some very positive interactions with some of the officers. We have good, bad, and ugly, but, you know, I've had my issues. I read, butt have my back when it comes to the women and the children who don't have a voice, and this process is not kind. Recently, I had the opportunity to make another complaint. And I see that it's something that happens not just to myself when I complain to other women who will not make it here, the other men, the other persons with disability, but this process is not kind to us; it hasn't even been kind to me. And when I currently tell you that I am not in favor of the CIP receiving half of anything from anybody, because I don't think it gives that performance itself I say that in experience. and I swear that in testimony to other agencies, as I speak to you before me. And so, I ask you to be cautionary and take a look at the performance rate, because I don't want to give a facade that we have a level of protection. Perhaps in the technicality of the process, we need to be sure that we're not putting at risk or further at risk victims and witnesses. Legislation currently has been kind to those offering protection of witnesses when making a complaint. Since it's a large organization, quite often, personalities get involved. When you make a testimony before you in a public hearing, retaliation and intimidation happens. But we see protection for people with AirB [sic] 1 or AirB [sic] 2 or Airnbc [sic], or however it may be, but we don't see protection for victim witnesses that have the courage, the tenacity to uplift a voice in participation. And so, I swear to God, in front of you, I don't think this CIP is doing what's ethically correct. I know it's not doing City ofMiami Page 8 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 what is technically correct, and I know at this point, it does not deserve half of that. Now, while I don't condone a police department that has the history of killing my sons, of banishing its own women, I don't condone giving someone else the facade that they're doing something; not at this rate. I'd like to discuss this further with you. I know that you have an attorney, and I know that I don't want to give too much testimony, but I ain't scared to tell you, that's a lot of crap. So in closing, on FR.1, I do not support it. I urge that you be careful, and ask about the performance, the disparity of those who actually are vindicated or brought to some type of justice or mitigation; and see the disparity in the race, the sex, the gender, and the sexuality. I can't be the only one that wants to stand here and tell you, but, thank God, it surely has not been through the empowerment of this process. Question -- I'm going to say it through the Chair, in regards to FR.2. I've taken quite a bit of your time, been extensive. May I come back at the time of public hearing to speak in regards to FR.2? While it may not be extensive, it will be giving me a chance to focus, because right now, I'm totally upset about what's going on with this CIP. Thank you so kindly. Chair Hardemon: Ma'am, you're recognized. Jean Newland: Good morning. My name is Jean Newland. I've been a resident of Miami since 1946, so I have seen a lot of Miami changes, and I'd like to ask you to accept the proposed budget and changes in regards to the Civilian Investigative Panel. In over one year, the Police Department and community have met over 15 times to improve and develop the changes. Some of the changes involve only syntax and organizational structure. But the four changes which are listed in detail in this are -- without a doubt, will improve the functions of this committee. 1 attend their meetings regularly, and over the last two years, have witnessed their professionalism; honesty in dealing not only with your constituents, but with the Police Department, when they choose to answer our questions, or when they choose to appear before us. The CIP consists of ex police officers. The budget is modest, and you can all be very proud of their accomplishments. The City of Miami is one of the very few cities in this country that has such a panel. At a time like this, when the relationships between the police and the communities are so quickly judged, it is critical for the City of Miami to continue this proven process that provides accountability and opportunity for the community and the police to be heard by an impartial panel; that they have somebody that will sit and listen to them, as a citizen, for their complaints against the Police Department, and for the Police Department to respond, to give their idea. Many times, I've listened to that panel side with the Police Department. They say, "There is no problem there." But when there is a problem and we've asked the policemen to please come and to present their side, we see nobody. I would like to see that -- the CIP to be respected a little bit more by Police Department, and I hope that you will support their budget and their changes. Thank you. Chair Hardemon: Thank you. You're recognized, sir. Javier Ortiz: Good morning, Mr. Chair and Commission. My name is Javier Ortiz, president of the Miami Fraternal Order of Police, 710 Southwest 12th Avenue, here to speak on the ordinance -- proposed legislation regarding the ordinance changes for the CIP. The Fraternal Order of Police's position is obviously already out there. You know that we've taken the CIP to the Florida Supreme Court, and we're awaiting a decision on that. The only time any -- or there's not that many community boards like this, because like the one in Orange County, we had it abolished, due to the subpoena power. Some of the issues that I have with the ordinance, as well as my members, is the fact that they want a percentage of the Police budget. You know, if this is so important to Miami residents, maybe they should put a -- you know some type of vote for a special tax. The fact that there's legislation in there that says that their board -- and I believe this is the only board in the City of Miami that would have this protection -- that there would be actual -- no adjustments to their budget in the event that we have any type of fiscal issues within the City, I think is reckless, and I think it's careless. The other thing that comes to our City of Miami Page 9 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 attention is the fact that you all will no longer have any power who sits on that board. The appointment would be done by them -- it's like their own little club -- instead of having the Commissioners decide who it is. And this is a board that has a history of having so many issues. The hundreds of thousands of dollars that we -- that the City of Miami has spent when Charles May was an attorney here, and the fact that there's just been so many issues with the board, I ask that, on behalf of the Fraternal Order of Police, that you do not give away your power; that you have the authority to decide who sits on that board. The other issue that we have is under Section 11.5-26 of the Subsection 4. It talks about investigations; that they would automatically investigate police shootings or other uses of force resulting in the death of a person. I'd like to see a little more language, you know, regarding that, as far as what do they consider an in custody clef -- what is their definition? The other issue that we have regarding the CIP ordinance is oversight. So they're asking for them to be in control of the Community Advisory Board, which deals with the Department of Justice. As you know -- and I'm sure the City Attorney is well aware of this -- when the agreement was made for the technical assistance letter with the Department of Justice and the City of Miami, the CIP wanted to get their hands all over it. There's been -- I think there's been not only mutual cooperation, but it's been extremely positive. The rapport, as well as the relationship between the City, the Fraternal Order of Police, and the Department of Justice, regarding that technical assistance letter, I'm -- I will be meeting with the DOJ (Department of Justice) soon to talk about that technical assistance letter, because everything that we agreed to were things that were already put in place, and that agreement's costing us, between staffing and everything else, about $2 million a year in a recurring expense. If the City of Miami decides -- which I respect if you decide to do that -- putting them now -- Also, not only do they get to pick who sits on the board, and they have full control over their board, but if they're going to have control of the Community Advisory Board, and they're going to start meddling with the DOJ agreement, we already, -- researching to see how we can file suit against the DOJ to break that agreement, because we don't feel that the CIP should have anything to do with that agreement. I think the Department of Justice and the City of Miami are doing a very good job. What I'm asking for on behalf of the FOP is for this item to be deferred until the Florida Supreme Court decides on this CIP case. The last result for the City of Miami at the Florida Supreme Court was not a favorable one. I don't see it being favorable in this case. We are always open to meet with the Commission to see what else we can do about this ordinance, but, please, before you just vote this in, think about what you're voting on, because this is very important, not only to the residents, but to our own employees. Thank you. Chair Hardemon: Thank you, sir. You're recognized, sir. Daniel Suarez: Good morning. Daniel Suarez. FOP president is right; this is important. And just for clarification, the Third District Court of Appeals ruled that the Orange County Board was not legal due -- because it was overseeing an elected official. That's different; not because of subpoena power. I hear Ms. Holmes' issues and problems, I really do. I've been talking to her for a while. This will address those issues. The board had problems, and that's why this was done. The fact -- I'm going to go back a minute. This Commission does have the authority and the power to appoint who they want. The panel nominates them. Commissioner Carollo, yourself,' you know you have that power, because I asked if I can stay on. You said, "No." You have that power. Other Commissioners have the authority and the power to appoint who they like, when they want. It is nominated by the panel, and you still have that power; it's never taken away. This resolution would not take away that power, anyways. Secondly, my former colleague, Douglas Mayer, mentioned the budget; good point. Ms. Holmes also mentioned something very important, that there was issues with the panel. I agree. I'm going to mention another point. There is something put in there where the Chief of Police would have to give the panel any new updates on policy changes. The panel would have to then, within 30 days, respond and give him a response of whether they agree, or it could be adjusted. The problem with that turnaround time is that by the time that we receive that City of Miami Page 10 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 new policy or departmental order, whatever it may be, within 30 days of receiving it, it's going to be implemented. It makes no sense. Within 30 days of it being implemented and being received to us, we can't convene the panel together, make a wise decision, and then send it back and say, "Hey, this is the issue we have. This is not possible. This is not good policing." So part of the resolution, it would extend that 30 days to 90 days. It gives the panel a fair time to actually do a proper review and give the Chief a proper response, as opposed to a 30-day rush job. We don't want that. This resolution is going to improve the panel. It's going to improve the relationship with the Police Department and the citizens, because it's going to give the panel that extra leg that it needs to actually -- to do a proper review. I hope you see past the negativity and look at this, and say, "Okay, this is going to improve our City"; that's exactly what this is going to do. I didn't spend six years of my life -- I'm only 27 years old -- just to be here and talk in front of you, and tell you, "Don't do this," or "Do this." It's the right thing for the City. Forget Daniel Suarez telling you to do it. The people voted for this. Thank you. Chair Hardemon: Thank you, sir. You're recognized, ma'am. Julia Dawson: Good morning. Julia Dawson, 1701 Southwest 4th Avenue, in Miami. I would like to clear up some misstatements that I think you have heard In Orange County, that case is before the Supreme Court. The Supreme Court will decide whether Orange County will have civilian oversight, as it did before this case against it was brought, or if it will not. So it has not been abolished, period; that is still an outstanding question. Concerning whether Commissioners appoint members to the CIP, the ordinance that is currently in effect, and the amendments that are before you to he approved today make the process clear, and this is the way it has always been. Commissioners receive the names of nominees from the CIP, who has advertised, interviewed, vetted, and voted on who they think will be a good panel member, within the guidelines of the ordinance. Each Commissioner then has an up or down vote on those nominees. So you do not have what you may, think is a direct appointment, but you have control over whether a nominee is seated on the panel or not, with your vote. You have approval power. If you don't approve, you don't approve. That panel member is -- that was nominated is not seated, so that is all clear in the ordinance. The statement that the request for funding at one half of 1 percent of the Police budget does not account for fiscal emergencies is absolutely incorrect. Read the ordinance proposal. It makes a provision for fiscal emergencies that would affect that funding formula, so there is always that as a backup. The CIP did not ask to take on the job that the Community Advisory Board currently has. It didn't seek that; it didn't request that. It was proposed by a Commissioner that it be given to the CIP. That is not what was decided. A separate, independent board was formed -- the Community Advisory Board -- and it is functioning, and functioning very, very well. What has happened is that the administrative assistance that both the agreement and the resolution that you passed establishing the Community Advisory Board requires that the City give administrative support to the Community Advisory Board. That process was not working. The board was not getting minutes, it was not getting the meetings recorded properly; there were several issues. The City Manager has suggested that that administrative support be fulfilled by the Civilian Investigative Panel. They are not part of the board. They do not participate in discussions or decisions. They are -- have nothing to do with the board, other than providing administrative support; a person who takes the minutes, who records the meetings, who sets up the meeting places, et cetera, those kinds of administrative support. Do not be misled that there is now a merging of these two boards or that the CIP will control the CAB (Community Advisory Board), or the CAB will control the CIP. All of that is utterly bogus. You've already heard that the ordinance revisions were the part of a long process, 15 meetings. These meetings were open to the public. All of the stakeholders were invited to participate. Katy Sorenson participated in writing these ordinance amendments. NAACP (National Association for the Advancement of Colored People) participated. A broad representation from the community participated The union was invited to participate. The union never attended a single meeting to draft these resolution amendments, these -- So to come up at this point City of Miami Page 11 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 and complain that there was no input and that they didn't know what was happening, I'm sorry, is on them. They had the opportunity to participate. They could have come to any or all of the meetings, said their peace, whatever. The Police Department had representatives there. Their attorney was there, and participated in those meetings. So this is not some shady deal that was done that people who have an interest in this were not able to participate in; they chose not to. Also, in terms of the budget, I want you to know that this is, hopefidly, the future of funding for independent civilian oversight of law enforcement. The City of Chicago has already adopted the funding plan that you are considering today for the City of Miami. In Atlan -- in Chicago -- I'm sorry. In Chicago, their community -- it's called Civilian Office of Police Accountability -- will receive 1 percent minimum guaranteed funding of the Police Department's non -grant budget. That is the exact same formula that the CIP is requesting. They're not requesting 1 percent. They're requesting one half of 1 percent. And let me remind you that any funds that are left over in any fiscal year that are not used go back to the City. This isn't some way to stockpile a bunch of money for any board or anyone who uses this kind of a formula. It all goes back to the City. In the paperwork I believe you have received on the proposed ordinance, it clearly shows what the CIP would do with the additional funds in the .first .fiscal year if you approved the half a percent, funding. It would not take all of those, funds. Granted, what it does not take would go back, but looking into the future and how the CIP needs to grow some of its personnel and grow the training, and the experiences that the panel members have to be good members of the panel, it will take some more money. Any money that is not taken goes hack. So I really urge you to look at this. Look at what the reality is, and please let the CIP have the resources it needs to continue doing the excellent job that it has been doing. With the new executive director, when she came onboard, the difference between the CIP today and the CIP prior to that is night and day. I know that. You know 1 know that. I've been in front of you since 2011, the beginning of that year, monitoring and discussing how the CIP works, and it is now exactly where the community members who worked on that want it to be. So please help the CIP do the job that the people in this community voted for it to do, want it to do, and need for it to do. Thank you. Chair Hardemon: Thank you, ma'am. Sir. Nathan Kurland: Commissioners, ladies and gentlemen in the audience, we study the mistakes of the past so as to not repeat them in the future. In light of today's 5:30 discussion regarding the long overdue Flagstone project, I'd like to just for a moment talk about my dismay about another deal that has gone through that seems to have drawn no comment from this Commission, and that is the Marlins Park; this Marlins Park sale that we've all read about for $1.3 billion. And somehow, we, the citizens of Miami, will be paying for this stadium to the tune of $3 billion for the next 40 to 50 years. I truly do not understand why there hasn't been more of a sense of outrage at this very awful deal, and that I truly request this Commission to pay very careful attention to today's Flagstone, to Chalk's Seaplane Base, to the Miami Heliport, and all of these kinds of projects, which just seemingly always seem to not be in the best interest of the City of Miami. Thank you. Chair Hardemon: You're recognized, ma'am. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I'm in support of FR.2 for the 30 days' notice for the cancel of the lease for -- between tenants and landlords; in favor FR.3 for the electronic campaign finance reports, which I think that it will finalize a lot of things that people have to do during the campaigns; RE.8, the Active Design of Miami, that hopefully, will be -- have your full support. And I have a question for CA.4, the Calle Ocho landscaping contract. That landscaping is going to be doing just the trees? Because that's the only thing we have in Calle Ocho, technically. We don't have nothing else, and some of them are being cut off. I don't -- most of them have not been replaced, so that would be my question for CA.4. SR.1, I'm kind of'like -- want to know exactly, when it says, "a candidate qualified by petitions," meaning, are -- we are City of Miami Page 12 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 going to be changing the law again in favor of those who doesn't qualify under the law right now, to just favor people, or what exactly what is that petition, "qualified by petition" is? Because I don't think that few hundred dollars, but most of the candidates has collect a lot of money cannot pay for it. In RE.9, the Miami Parking Authority and the ticketing part, you has to kind of be a little bit more conscious of the people, because you have people that are being not just ticketed, but they booted, all kind of different stuff that they are happening in the City of Miami, and I think we have to be conscious of people that go and visited these areas to entertain, to pay for the parking, and then they get -- come back and they get booted. I think all of us citizen, we need to make sure that we get that clear for the rest of the residents. RE.2, I think is one of the most important ones that I want to talk about it, is the plat review services. We all know that the City has been driven with a lot of project, but the lack of employees reviewing the -- those project is the one it -- the term, six months for you to get a permit. And we such -- have such a great employees, but if they are not available to review all these plans in the manner that we all expect, it's not their fault. They more than -- having maybe employ more people for those departments, because I know that Quatisha having a hard time. We have two person only reviewing the entire plans. for the City of Miami, and I guess she will appreciate it, having some help. So sometimes, we complain about the review, and the plans have been taking six, nine months, but sometimes, the department doesn't have the employee to do it, unless they do work 24 hours, which I don't think that they want. Thank you. Chair Hardemon: Thank you very much. You're recognized, ma'am. Kristy Wallace: Good morning. My name is Kristy Wallace. 1 live at 117 Frow, and I'm here to speak in favor of FR.2, regarding the eviction notices; that there would be an extension of the eviction notices from 15 days to no less than 30 days on both parties; the landlord, and also the tenant. I feel like there is a little bit of -- not a great balance on the scales when it comes to renters' rights. And so, I feel like this would really benefit renters and balance the scales a little bit better so that renters have enough adequate time to prepare and provide for housing for their families. Thank you. Chair Hardemon: Thank you, ma'am. Esther Knicely: Hello. My name is Esther Knicely, and 1 live at 3331 Florida Avenue. I am also here as a proponent of FR.2, and I work with Housing for All, as well. And like my colleague stated, I just think that it's important to extend the eviction notice to 30 days to give tenants more rights. As the City -- the gap between those who are wealthy and those who are not so wealthy continues to widen, I think it's important that we, as a city, care for those that are on the margins. Thank you very much. Chair Hardemon: Thank you very much. Seeing no other person here for public comment, I'm going to close public comment with the introduction of a gentleman that is here today, who actually was the first person to bring that young man to the City of Miami Commission, but at the time, he was probably running around the City Commission, causing a nuisance. So I'd like to introduce everyone to our dear County Commissioner Xavier Suarez. You're recognized, sir•, please. Oh, you jumped up? Blanca Mesa: Oh, I thought she was going to call me. I had come in -- Chair Hardemon: It's okay, it's okay. Ms. Mesa: -- to speak. Chair Hardemon: It's okay. Ms. Mesa: Actually, this is a good item that Xavier Suarez -- Commissioner Xavier Suarez would like to hear about. I'm here on the item that is going to be coming up for discussion City of Miami Page 13 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 on Virginia Key. My name is Blanca Mesa. I reside at 714 Santander Avenue, Coral Gables. I'm a member of the Virginia Key Advisory Board, a representative of the Sierra Club. The reason I came to speak this morning -- and maybe I'll speak later, as well, if I'm permitted -- is this item, which involves granting, perhaps, a 30-year lease to a private developer of an ultra -luxury condo of property that belongs to the public on Virginia Key. Virginia Key -- Historic Virginia Key Beach, which is known as "the Black Beach," was deeded to the City by the County for public park purposes only. The Virginia Key Board heard this item, but did not get any details that this was really for a developer's beach club, perhaps, and we're very concerned. We did not have an opportunity to really weigh in on this. We asked questions; did not receive any answers. There was -- really, the only details we became aware of would have been by reading the Miami Herald article, which came out last night. So I am very concerned that the -- not only the history, civil rights history will be obliterated if you start to allow developers to come in and start building private beach clubs and what have you, but that other developers will also come in. Now, we went through this in 1999. There was extensive publicity about this; the New York Times wrote about it. This is a very sensitive issue. This park belongs to everyone. It should not be given to private developers in a lease or in any other form. And I'm speaking on behalf of myself. I'm a member of the board. The board has not had an opportunity to really weigh in on this, and the Commission should not be allowing the Manager to proceed with any negotiation with a private developer until the Virginia Key Advisory Board, which was created to hear about any management for the entire island, including the Historic Virginia Key Beach Park, has an opportunity to get a full presentation; and at that point, we can evaluate whether it's appropriate to really look at the finances of this public park to see if there's other ways to .finance improvements, such as bathrooms, if they're needed, or other things, like a nature center with -- things that are part of the Master Plan, and we can have a full evaluation of the finances, the bond issue, perhaps; make a recommendation that is thoughtful and respectful of the history and the public parkland, and really proceed to treat this area as a public amenity, and an important one, you know, for civil rights history. And no one more than Commissioner Xavier Suarez understands this, because he has been a champion since the time he was a member of this Commission in the City, and has fought valiantly. In fact, he is actually the creator and the force behind the creation of the Bill Sadowski Critical Wildlife Area, which is the 700-acre wildlife refuge that is also part of Virginia Key. And it was Commissioner Art Teele, when he sat on this board, late Commissioner -- with the late Commissioner Athalie Range -- that saved this park in 1999, when other City officials wished to give it to a private developer for a resort development. And Athalie Range came before this board and said, "What shall I go back to tell my people?" because she had lived the history of this park. And the developer was wanting to put a plaque in the private hotel, and that's not good enough, and we don't want that to ever go back again. I'm speaking on behalf of myself but this is how I feel. I've been involved in Virginia Key advocacy to protect it as a public park, to protect its cultural and historic history, and that's for two decades. So the idea that a private developer of a development that's selling units for $35 million, if anything, the impact fees from these private development is what should pay for the park improvements; not giving it to a developer. So when you consider this item later on, if I'm not here, try to remember my words, and maybe Conmaissioner Suarez would like to add to it. Thank you. Chair Hardemon: Thank you very much. Commissioner Suarez. Miami -Dade County Commissioner Xavier Suarez: Thank you, Mr. Chair. And Commissioner Russell, I want you to know that I conveyed to the chairman of the Advisory Board, who was my appointee -- Pm referring to Joe Rasco -- that we're hoping he'll be able to attend more. He -- Mr. Chairman and members of the Commission, Mr. Rasco is our Intergovernmental Affairs director; and he was in Tallahassee for a good part of the last couple of months, but he's promised to be faithful to your work there. I'm proud to have here with me School Board Member Mari Tere Rojas; former Vice Mayor of the City of Miami Rosario Kennedy, who was also involved in preserving Virginia Key and City of Miami Page 14 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 deserves all of our gratitude for that; and Monty Trainer, who is about to adopt Frances Tucker Elementary; doesn't know exactly what that entails, but we'll be explaining that to him at a tour in the next half hour. So, Mr. Chairman and Mr. Vice Chair, and Commissioners, I'm here in support of Commissioner Suarez' initiative. The whole idea of after -school programs began as a result of what Superintendent Carvalho said after the shooting at Frances Tucker Elementary. Here's a bullet that actually went through a school wall, really, in a portable schoolroom, and could have hit a child, but for a couple of inches. And we began looking for funds to have after -school programs. The idea -- and I've come up with a slogan that I want to share with you. The slogan is that, "The only way to make sure kids don't fall through the cracks is to eliminate the cracks in the system." And one of the biggest ones is when kids finish school at 2:30, 3 p.in., and they go home, and there's no one there. And so, in an effort to make sure the kids in the inner city have the same thing the kids in the suburbs have when their mommy or daddy picks them up in the Volvo station wagon and takes then to dance or advanced placement courses or martial arts, or whatever, we began doing this at Frances Tucker Elementary. And I would like, if I may, Mr. Clerk, Mr. Chairman, distribute -- just got it this morning -- .from Principal DeGoti at Frances Tucker Elementary -- the baseline statistics in the performance of the kids that are in the after -school programs. This is incredible. I was showing it to Board Member Rojas. She says, "We have to tell the whole world about this." It's amazing how well these kids have done. 46 out of 53 students improved,• and not. just improved, but by a substantial margin; and also, the attendance. First grading period, 94 percent, just about; second grading period, 94 percent; and third grading period, 95. So it isn't just attendance; it's the actual performance in the school. 1 also want to say that we have here also from Board Member Susie Castillo, her chief of staff, Francis -- that is the .first name, but the last name is a little confusing to me, so we'll just leave it at Francis Valencillo (phonetic); and, of course, fron the office of School Board Member Perla Tabares Hammond, who was the sponsor of the initial item. In the School Board, what we asked the School Board to do is to adopt a whole concept of envelopes of safety for school -wide. And 1 know that Commissioner Suarez today intends to ask you for your support in branching out from Frances Tucker Elementary to other schools in Board Member Rojas' district, but also in your respective districts. 1 think some of the schools are in your district, Commissioner Carollo; some in Commissioner Gort; and, of course, in the Chairman's. And the Chairman's are really the key, because we have Charles Hadley Park. It's a -- just amazing facility. And you all have -- and I commend the City Commission and your efforts, Mr. Chairman, to build that beautiful facility, which now, the Liberty City Optimists are going to be working with, and allow the children from the two schools that are there to flow right into the after -school programs. They're contained within an area that is bounded by 12th Avenue, 17th Avenue, 48th and 51st. So it's like a campus, and it could be an academic center of excellence there, and to the extent that you have resources and you are allowed to use them for this purpose, it would be fantastic. Eventually, it should not just be, you know, remedial programs and tutorials for kids that are falling behind or are at risk. It should be advanced placement, you know, like you see in the famous movie, "Stand and Deliver." And I think we can do it in our community. I'd like to think we can do it in every district in the City of Miami. And I thank Commissioner Suarez for picking up the slack on this. I ran out of my resources. which I used from the -- from my campaign that were left over and we were able to do not only Frances Tucker, which we started with zero kids in after -school programs. We now have 135, Board Member Rojas, and -- almost half the entire student enrollment at Frances Tucker. But the ideal is to have every child be offered a program, whether it's martial arts, whether it's dance. And by the way, Commissioner Russell's father-in-law came to Frances Tucker and said -- Ambassador Benedini. He said there, "We want to have a youth orchestra here that's the best in the world " Well, Commissioner Russell, we're very close to having that school have a band and an orchestra, eventually, and we're going to fulfill the ambassador's dream; and, of course, we hope that he helps us as musical director. So that completes my presentation. Chair Hardemon: Thank you very much. City of Miami Page 15 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 City of Miami Page 16 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 1953 STANLEY FOODMAN, CHAIRMAN OF THE AUDIT ADVISORY COMMITTEE REGARDING VACANCIES ON THE COMMITTEE. RESULT: PRESENTED Chair Hardemon: Mr. Foodman. Stanley Foodman: Good morning, Commissioners. Vice Chair Russell: Good morning. Mr. Foodman: I'm getting old. This is a presentation of the Audit Advisory Committee Annual Report .for 2016. The committee was created to assist the Mayor, the City Commission, and the City Manager of the City of Miami with fulfilling the _fiduciary responsibilities relative to accounting, auditing, and .financial reporting. During calendar year 2016, the committee met once, due to the difficulty, of assembling a required quorum. All of the members of the committee are accounting professionals that do business in the City, are residents of the City; and in some cases, are both, and my -- that's my case. The members are neither employed, nor compensated by the City, and through providing independent advice and oversight of the City's overall financial and external/internal audit functions, we believe the committee serves a useful purpose to the community. On May 11, 2016, the committee met with representatives of RSM, LLP US [sic], formerly known as McGladrey, for a presentation of the fiscal yearend 2016 audit results. The committee discussed the findings of the City's comprehensive annual financial report, the single audit, and the significant internal control deficiencies that were identified. The discussions included the corrective actions being taken to correct the deficiency disclosed by the external auditors. We don't believe that there is any other committee, public or private, which could better serve the functions of this committee. We don't believe that the ordinance creating the committee should be amended to better enable the committee to serve the purpose for which it was created. The committee is satisfied with its membership requirements; however, that said, we do request prompt appointments to fill vacant positions on the committee. Timely appointments will enable us to muster quorums for its meetings. There is no material direct or indirect cost associated with the activities of this committee. And with that, I'll leave it to questions, if there are any. Chair Hardemon: Can you state your name again fir the record? Mr. Foodman: Stanley Foodman. Chair Hardemon: Okay. I just want to make sure that we're on the same page, because we have you as a personal appearance, butt guess -- Vice Chair Russell: Also on DL 1. Chair Hardemon: -- but this is also you -- this is -- you're presenting the annual report -- City of Miami Page 17 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Foodman: Yes, sir. Chair Hardemon: -- for the board -- the committee. Okay. Mr. Foodman: Yes, sir, it is Chairman -- Mr. Chairman. Chair Hardemon: Okay. Sorg about that. There was a little confusion there, but we're on the same page. Are there any questions for Mr. Foodman? Commissioner Gort: I'd like to ask a question. How many vacancies you have? Mr. Foodman: At the moment, I think there's only three of us on the committee. I know that my Commissioner has appointed people -- Mr. Russell -- and his predecessor did, also. We're. finding it hard to meet. We need to have a quorum. We used to meet monthly, and we were able to then meet with the internal audit function, the Inspector General, to discuss his issues, and we have not been able to do that, because it's been too difficult to muster a quorum. Commissioner Gort: My appointment has been going to the meetings, though. Mr. Foodman: I'm sorry, sir? Commissioner Gort: My appointment has been going to the meetings. Mr. Foodman: I'm having -- Commissioner Gort: My appointments have been going to the meetings. Mr. Foodman: I don't -- I'm not sure whose Commissioners or who's been appointed by whoin. 1 just know who I've been appointed by, and I do have contact from time to time with other Commissioners who call me to ask me questions; there are two here that have done that. But we are still lacking enough -- we should have an appointee for every single member or seat for the committee, because we need to have at least three for every -- it's one for every Commissioner, and including the Mayor and the Chairman, and we don't, so we're having trouble being able to meet. And it's not the fault of the management of the City. Pin sure that they want us to also have this accomplished. It's just been something that's been happening for at least the last year. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Thank you, Mr. Chairman. Mr. Foodman, thank you for being here this morning. And, yes, I was one of those Commissioners that in the past have reached out to you as a fellow CPA (certified public accountant), and seek advice, and discuss various issues. Question: What is quorum? What is your policy with quorum? Mr. Foodman: Well, we have to have at least enough members present to, I suppose, have a -- to have a majority' vote, or at least enough members to have been a majority in order to meet. So -- Commissioner Carollo: And is that the majority of the actual board, or is it the majority -- you know; like it -- like, I'rn trying to see what specifically meets quorum. City of Miami Page 18 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Foodman: In our case, we want to have enough members to be able to take a vote, which means probably three members, minimally, showing up. And I've been going to meetings where only two people show up; and sometimes, only myself Commissioner Carollo: Okay. We'll address that with the City Clerk, because it's my understanding that most of the appointees have been appointed already; that the board members have been appointed. Like, for instance, in my case, let's say you're showing it as a "vacant, " but it really isn't, because Riesco just -- let's say he did his year, and he's rolled over, so he's still there. So there's -- checking the vacancy. It's -- right? So it's my understanding that most of the board is filled, no? Todd B. Hannon (City Clerk): Yes, sir. There is only one vacancy on the Audit Advisory Committee. Commissioner Carollo: So what actually is happening is that maybe some of these members are not actually attending the meetings, and maybe that's -- you know. And I'm trying to get to the crux of the problem, so maybe we could address it. Mr. Foodman: Oh, sure. And I appreciate it, because myself and one other member attend with a lot of frequency, and it's hard, for us, because we can't really take a vote on anything. And, of course, we're all sitting in the sunshine, and we want to be able to assist the City where we either live or work, or both; my case, it's both. And 1 do appreciate the times you've called, and 1 thank you very much. Are there any other questions? Chair Hardemon: No. Thank you very much, sir. Mr. Foodman: Thank you, Mr. Chairman. Chair Hardemon: Thank you for the information. We need to just reach out to our members -- Commissioner Carollo: Right. Chair Hardemon: -- to ensure that -- Commissioner Carollo: And I think that -- that's what I was getting at. Maybe we reach out to our members and make sure that, you know, they try to participate and attend the meetings. PA.2 PERSONAL APPEARANCE 2182 UPDATE ON SHOTSPOTTER. Commissioners and Mayor MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item PA.2 was continued to the June 8, 2017, Regular Commission Meeting. City of Miami Page 19 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Note for the Record: For minutes referencing item PA.2, please see "Order of the Day." PA.3 PERSONAL APPEARANCE 2288 WILLIAM TALBERT OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU REGARDING THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. RESULT: PRESENTED Chair Hardemon: We have a list of personal appearances that are here. So the first personal appearance that I have on PA. I is for Stanley Fudman -- or Foodman. Did I say it correct? Daniel J. Alfonso (City Manager): Mr. Chairman, before you get started, just real quick, Mr. Talbert has a personal appearance, but I believe he says that he's kind of made his personal appearance, so if we just recognize him, he'll move on. Commissioner Suarez: Awesome. Congrats. Chair Hardemon: Thank you very much, Mr. Talbert. END OF PERSONAL APPEARANCES City ofMiami Page 20 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez CA.1 RESOLUTION 2022 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT A RIGHT-OF-WAY DEED OF DEDICATION FOR UPLAND PROPERTY ON BRICKELL KEY FROM SWIRE PACIFIC HOLDINGS INC., A DELAWARE CORPORATION, TO THE CITY OF MIAMI ("CITY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE RIGHT-OF- WAY DEED, ATTACHED AND INCORPORATED ("PROPERTY"), TO BE UTILIZED AS A PUBLIC LINEAR PARK AND FOR USE AS A PUBLIC WATER TAXI PICK UP AND DROP OFF LOCATION AND FOR PURPOSES INCIDENTAL THERETO WITH A REVERTER SHOULD THE PROPERTY EVER CEASE TO BE USED FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE; APPROVING AND AUTHORIZING THE RECORDATION OF THE RIGHT-OF-WAY DEED OF DEDICATION IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO KEEP COPIES OF THE RIGHT-OF-WAY DEED OF DEDICATION ON FILE FOR CITY RECORDS. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item CA.1 was continued to the June 8, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item CA.1, please see "Order of the Day." City of Miami Page 21 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA.2 2064 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN CAPACITY BEYOND THE CITY MANAGER'S AUTHORITY OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR INVITATION FOR BID NO. 367307, POLICE RADARS AND LASER EQUIPMENT REPAIRS AND RECERTIFICATION, WITH ENFORCEMENT ELECTRONICS SERVICE, INC.; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY RENEWALS, AMENDMENTS, AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0211 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing item CA.2, please see "Public Comment Period for Regular Item(s). " CA.3 RESOLUTION 2080 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT CAPACITY FOR THE "US-1 LANDSCAPE MAINTENANCE CONTRACT M- 0087" WITH SFM SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $101,758.21, THEREBY INCREASING THE CONTRACT TO AN AMOUNT NOT TO EXCEED $194,978.21; ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 13000.202000.534000. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item CA.3 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item CA.3, please see "Order of the Day." City of Miami Page 22 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA.4 RESOLUTION 2081 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE OF THE CONTRACT CAPACITY FOR THE "SW 8 STREET 'CALLE OCHO' LANDSCAPE MAINTENANCE CONTRACT, M-0112" WITH LAWN KEEPERS OF SOUTH FLORIDA, INC., IN AN AMOUNT NOT TO EXCEED $20,000.00, THEREBY INCREASING THE CONTRACT CAPACITY TO $210,079.00; ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 13000.202000.534000. ENACTMENT NUMBER: R-17-0235 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing item CA.4, please see "Public Comment Period for Regular Item(s)." CA.5 RESOLUTION 2085 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE AUTHORIZATION TO ENTER INTO A CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCOMMODATE THE BRIDGE RECONSTRUCTION OVER COMFORT CANAL AT APPROXIMATELY NORTHWEST 34TH AVENUE, MIAMI, FLORIDA FROM APPROXIMATELY NORTH OF STATE ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET, MIAMI, FLORIDA, A ROAD NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-17-0213 This matter was ADOPTED on the Consent Agenda. CA.6 RESOLUTION 2086 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACCOMMODATE THE BRIDGE RECONSTRUCTION OVER COMFORT CANAL AT APPROXIMATELY NORTHWEST 34TH AVENUE, MIAMI, FLORIDA FROM APPROXIMATELY NORTH OF STATE ROAD 836/DOLPHIN EXPRESSWAY TO NORTHWEST 14TH STREET, MIAMI, FLORIDA, A ROAD NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-17-0214 This matter was ADOPTED on the Consent Agenda. City of Miami Page 23 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA.7 RESOLUTION 2110 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT TWENTY (20) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-17-0215 This matter was ADOPTED on the Consent Agenda. CA.8 RESOLUTION - Item Pulled from Consent 2146 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CITY OF MIAMI ("CITY") DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") THE PROPERTY REFERRED TO AS "PARCEL 109 CITY RIGHT-OF-WAY," AS DESCRIBED IN THE CITY DEED ("PROPERTY"), FOR THE FDOT BRIDGE REPLACEMENT PROJECT ON STATE ROAD 968 (SOUTHWEST 1 STREET) AT THE MIAMI RIVER; FURTHER CONTAINING A REVERTER PROVISION IN THE EVENT THE PROPERTY IS NO LONGER USED FOR THE PURPOSE FOR WHICH IT WAS CONVEYED. ENACTMENT NUMBER: R-17-0216 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item CA.8, please see "Order of the Day." Chair Hardemon: Commissioner Carollo, are you ready for CA.8? Commissioner Carollo: Yes, I am, and I move the item. Commissioner Suarez: Second. Chair Hardemon: It's been properly moved and seconded to pass CA.8. Is there any further discussion on CA.8? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City ofMiami Page 24 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA.9 RESOLUTION 2147 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ELEVEN (11) PERPETUAL AERIAL EASEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE MIAMI- DADE EXPRESSWAY AUTHORITY ("MDX") TO ACCOMMODATE THE STATE ROAD 836/DOLPHIN EXPRESSWAY IMPROVEMENTS FROM NORTHWEST 12 AVENUE TO THE I- 95/836 INTERCHANGE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY, IN CONSULTATION WITH THE CITY ATTORNEY, TO ACCOMPLISH THE GRANTING OF SAID EASEMENTS, AS STATED HEREIN. ENACTMENT NUMBER: R-17-0217 This matter was ADOPTED on the Consent Agenda. CA.10 RESOLUTION 2143 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION WITH, ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED DECEMBER 12, 2016 PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 584381 TO PROVIDE SPECIAL MASTER SERVICES TO THE DEPARTMENT OF PLANNING AND ZONING, HEARING BOARDS DIVISION, ON AN AS -NEEDED CONTRACTUAL BASIS; APPOINTING SIX (6) PRE -QUALIFIED SPECIAL MASTERS, AS LISTED ALPHABETICALLY IN "EXHIBIT A," ATTACHED AND INCORPORATED HERETO; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE END -USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENTS ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE PSA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0218 This matter was ADOPTED on the Consent Agenda. City ofMiami Page 25 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 CA.11 1799 Office of the City Attorney CA.12 2157 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF TWO THOUSAND SIX HUNDRED FIFTY DOLLARS ($2,650.00) TO BUSCHEL GIBBONS, P.A. AND TWENTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS AND FIFTY CENTS ($28,792.50) TO RICE PUGATCH ROBINSON, P.A., INCLUSIVE OF ALL FEES AND COSTS, AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF EMILIA DIAZ FOX V. CITY OF MIAMI AND ARTICE PEOPLES, CASE NO. 15-20125 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL (NON - DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-17-0219 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SIOMIR BORGES, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF FORTY-SEVEN THOUSAND DOLLARS ($47,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE OF SIOMIR BORGES V. CITY OF MIAMI, CASE NO. 13-37420 CA 08, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-17-0220 This matter was ADOPTED on the Consent Agenda. CA.13 RESOLUTION 2278 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO WAIVE USE FEES, RETROACTIVELY, IN THE AMOUNT OF FOUR THOUSAND SEVENTY-TWO DOLLARS AND EIGHTY-FIVE CENTS ($4,072.85) FOR THE USE OF MEETING SPACE WITHIN THE JAMES L. KNIGHT CENTER/MIAMI CONVENTION CENTER FOR THE 5000 ROLE MODELS OF EXCELLENCE PROJECT, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THEIR SCHOLARSHIP SIGNING EVENT, SCHEDULED FOR FRIDAY, MAY 5, 2017. ENACTMENT NUMBER: R-17-0221 This matter was ADOPTED on the Consent Agenda. City of Miami Page 26 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 END OF CONSENT AGENDA Chair Hardemon: If we could move back to our CA (Consent Agenda) agenda, Commissioners, is there a motion to approve the Consent Agenda? Commissioner Suarez: So moved. Commissioner Gort: What are we moving now? Chair Hardemon: It's been properly moved. Vice Chair Russell: Consent. Commissioner Gort: The whole Consent Agenda? Chair Hardemon: Yes, besides, you know, the items that we continued, CA.1 -- Vice Chair Russell: CA.8. Chair Hardemon: -- besides the tabled items. Commissioner Suarez: Yeah. Chair Hardemon: And CA.8 -- Commissioner Carollo: Yes. Chair Hardemon: -- that's being continued. Commissioner Carollo: Mr. Chairman, if you'd allow me just one quick question. On CA.9, I want to make sure that that does not include any eminent domain; easements for expansion of the 836 and I -- with MDX (Miami -Dade Expressway). I want to verify that that's no -- they're -- Daniel J. Alfonso (City Manager): Commissioner, there are no eminent domain issues on this item. Commissioner Carollo: Thank you. Chair Hardemon: Okay. All right. It's been properly moved and seconded. Any further discussion from the dais? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion passes. City ofMiami Page 27 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PH - PUBLIC HEARINGS PH.1 RESOLUTION 1862 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 AN AMOUNT UP TO $80,000.00, TO THE MOTIVATIONAL EDGE, INC., FOR THE ENVELOPES OF SAFETY PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY TO COMPLETE THE ALLOCATION. ENACTMENT NUMBER: R-17-0222 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item PH.1, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: And we have a 10: 30 time certain for PH.1 and PH 2, so what I'd like to do is just bring our attention as a board to the public hearing section of our agenda, and I'm sure Commissioner Suarez has a motion for the public hearing section of our agenda, so, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. I will definitely move the public hearing section of our agenda. I'd just like to briefly say that there's a saying: "Lead, follow or get out of the way." And, you know, sometimes in life, you try to lead; sometimes in life, you have to follow; and sometimes in life, you have to be inspired. And to be honest with you, obviously, I tracked the initiative when it began in Frances Tucker Elementary; it was inspiring then. I had the privilege of being invited to a School Board meeting where something happened that I totally did not expect to happen, which is, not only did the initiative receive the full support of the School Board, but something very -- sort of miraculous happened, which is that every single School Board member -- and I don't know that this has ever happened in the history of the School Board -- asked to become a co-sponsor of the item. Every single School Board member asked to become a co-sponsor of the item. So it was not only passed unanimously, but it was co -sponsored unanimously, which is, I think, an incredible lesson in cooperation and collaboration; and, of course, the initiative was brought by someone who was not even part of their government. And so, I think, you know, for City ofMiami Page 28 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 me, it was a lesson that we have to collaborate. We have to cooperate, not only among governments, but among our own districts and our -- among the City, completely. As Commissioner Suarez mentioned, this initiative which he proposed and which we are allocating funds to would expand the envelopes of safety to the entire City. Three schools in each district -- mine has four -- and that has all been selected, by the way, in collaboration with all the School Board members who represent those schools. I've met with them all, individually. The superintendent, of course, was extremely supportive when the item came before the School Board. And so, to me, I think the icing on the cake, which I did not expect today, was to be brought the data, the proficiency numbers. It's one thing to have a visionary idea. It's one thing to inspire cooperation and collaboration, and to get support on an initiative. It's a whole 'nother thing when you have data you can come back with and say, "It's worked." And I'm reminded of something that Chairman Hardemon said when we created the Poverty Initiative. You know, he said that -- you know, and it was in -- and it was -- I remember it clearly, because it was in the discussion of increasing our number of police officers. And he sort of reminded us, and he said -- You know, it's great that we're increasing the number of officers. Certainly, that's going to have an impact on our community, and I think that, you know, certainly, crime will go down, and we've seen some of that happen. Our homicide numbers have gone down. But he also reminded us that dealing with some of our more challenging issues in our community is something that has to be done holistically, and because of that, he urged us to create the Poverty Initiative, and we've expanded it. And so, when you see numbers like kindergarten proficiencies going up from 32 percent to 45 percent, eight out of nine students improving. First grade, out of the 10 students, the proficiency going from 25 percent to 53 percent, it's a 100 percent increase. Seven out of 10 students improved. In second grade, out of the eight students, with an 81 percent proficiency, they became 97 percent proficient. Eight out of eight students Unproved. In fourth grade, with nine students, you had 13 percent proficiency. They went up to 19 percent proficiency. Seven out of nine students improved. And in fifth grade, the number of students improved from 13 percent to 98 percent. All four of the four students improved. And so, the total overall proficiency numbers went up from 42 percent to 69 percent, with 46 of the 53 students having improved. That is information that we can base national models on; you can base statewide models and countywide models on, and that's the best that we can do as elected officials. Obviously, it's important that our students and our children have a safe place to go, and have great activities that they can participate in after school, and I think -- I'm very thankful to School Board Member Mari Tere Rojas for being here; for all the School Board Members who supported this and co -sponsored it; for immediate past chair, Perla Tabares Hammond, for sponsoring it initially. And with that, I move those items. Commissioner Carollo: Second. Chair Hardemon: Seconded. Commissioner Carollo: Discussion. Chair Hardemon: The motion, I'm assuming, is with the amendment is to PHI and PH2. I believe there are some dollar amounts? Commissioner Suarez: Yes, there was a substitution -- I'm sorry -- which increased their dollar amounts. The initial -- we had an initial dollar amount, and then in con -- you know, in conversation with the School Board Members, they urged me to do more. And so, they're all from my district's Poverty Initiative funds, and -- Victoria Mendez (City Attorney): I believe it's PH 1 and PH.2 that have the --? City ofMiami Page 29 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Suarez: That's correct. Ms. Mendez: Thank you. Commissioner Suarez: That's correct. Chair Hardemon: And the seconder agrees to the amendment, correct? Commissioner Carollo: Yes. Chair Hardemon: Okay. Is there any further comment from the dais? Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chair. I think our former Mayor wants to speak again. I'll yield. Miami -Dade County Commissioner Xavier Suarez: I had just -- Thank you, Commissioner Carollo. I had just forgotten to mention that your Parks director was quite collaborative One of the first things we found out about the Hadley Complex was that the kids from the elementary school, which I believe is Lenora B. Smith, could not have access to the rest of the park, and your Parks director made sure that that was alleviated and resolved right away. Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized; yes, sir. Commissioner Carollo: Thank you. Thank you, and I appreciate all of you attending here. And again, this is more good news for our City of Miami. Especially one thing that sticks out to me, in the last -- definitely a year of going out and having a lot of discussions about youth gun violence, one thing that I'm really glad that occurred is that this actually started at Frances S. Tucker, because there is a myth that youth gun violence is only happening in -- within the City of Miami, in Liberty City and in Overtown, and that's not necessarily correct. It's happened in Little Havana, it happened in the Grove, and you never hear about those stories. It's like it's forgotten. So I'm very glad that this actually started at Frances S. Tucker, and now is going to be going to all the different schools, so I applaud that. As a matter of fact, and as most of you know, back a year ago, when I did a forum, we had all these discussions, and I remember the superintendent specifically saying, "The School Board doesn't have sufficient funds for all the different after -school programs that we have, so we need to do partnerships, " and these are part of the partnerships that he was talking about that we set as goals for it to happen, because at the time, there were a lot of good programs, and we actually admitted and brought a lot of good organizations that were doing a lot of good work, except everyone was sort of working in silos. So this is a part about working together as a team, and I'm truly glad that this is happening, and we'll continue and expand. I need to make a small plug. This Saturday, we're doing the 5K -- Goals, not Guns 5K again, which goes, once again, to where I originally started. Yes, the 5K was started where most huge 5Ks start, downtown Miami, Bayfront Park; our beautiful downtown Miami. However, we're taking a different route. We're taking a route into Little Havana, over the bridge into Overtown, and back to Bayfront Park. The route will be a block away from where a 16 year -old died, who was killed by a 15 year -old in Little Havana, and from some of the areas in Overtown, where we have seen our youth die in our streets. And literally, it is walking distance from our beautiful downtown Miami. So, again, I want to raise City ofMiami Page 30 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 awareness. We're partnering up with a whole bunch of organizations. I don't want to just name one or two, because I'll leave some out, but I encourage this Commission and all of you; you're more than welcome, everyone out in the audience and hearing us right now, to come on to Bayfront Park this Saturday, 8 a.m., and partake in the walk. Afterwards, we're going to have the "Youth Gun Violence," the "Goals, Not Guns Forum" again, and we're going to have a different perspective. And one of the things that Commissioner Suarez mentioned that I think we're going to show is, you know, data of a lot of the things that's happened since then, where we have been able to corroborate with a lot of organizations. So I support this program. I think it's what needs to be done, where everybody puts in -- you know, they bring a saw, everybody gets together, and we work in partnerships; and again, for the whole City of Miami, not just specific areas, because it's a myth. Unfortunately, gun violence is happening all over the City, and not to mention that it took the life of one of our own's [sic]. It took the life of one of our own's [sic] months back, and I think it's something that's an epidemic that's going on that we all need to -- the only way to solve the issue is for all of us to work together. Thank you. And I will be supportive, obviously. Chair Hardemon: Commissioner Suarez, then Commissioner Gort. Commissioner Suarez: I'll be very brief. Chair Hardemon: Then Vice Chairman. Commissioner Suarez: 1 just want to thank Commissioner Carollo for his beautiful and inspired comments. 1 will be there on Saturday, bright-eyed and bushy -tailed. And I've been truing to run a little bit more, and so -- Commissioner Carollo: You could walk or peddle. You could bring a bike. Commissioner Suarez: -- I thank you for that, and I commend you for what you're doing, as well, and for that race, and for the conference. Chair Hardemon: Thank you. Commissioner Gort. Commissioner Gort: Well, I commend all of you for bringing this today, but I've been doing this for the last 20 years. To me, education in children is the most important thing that we have to work on, because those are going to be the future leaders of this community. I have placed $200,000 for scholarship, and I did it with the Bayside Foundation, to give the opportunity to those kids in high school, coming out of school. They don't have the funds, but they do have the brain to continue their education to do so. Also, at the same time, our Parks Department have always worked very closely with the school system to make sure that we maintain those programs, that we take those kids -- and I'm talking about the community. Everybody talks about the community input, but in my community, they don't get much input from my community, and I can assure vou of that, so I got to speak on their behalf My community has a lot of needs, and I've been working very closely with the school system, and I'm glad the schools coming across, because we have parks and the school properties together that we should be able to use it willingly, and to the benefit of the kids in the area. So I want to thank all of you. And there's nothing like teamwork. If we put all our resources together, we can accomplish a lot more, so thank you, Mr. Mayor. Vice Chair Russell: Thank you, Mr. Chairman. Thank you, Commissioner Suarez and Commissioner Suarez, and Board Member Rojas. Thank you for coming, Rosario. We just planted a tree at Frances Tucker last week for Arbor Day, and I can't think of a more fitting symbol for something like that than planting a seed in children that will grow. And after -school programs within our communities of need is probably, the best thing we can do to keep them on the right track, to keep them City ofMiami Page 31 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 inspired. And I remember that day last year when the bullet did go into Tucker Elementary, and it was during a Commission day, and I left for the school. There was nothing I could do to help, but I had never crossed the police line in an incident like that. I've seen it on the news, but to actually walk up to the hole in the window where a kid was sitting, and see that bullet on the floor is very impactful. And I can only thank you, Commissioner Suarez, for teaching me how to take an issue and turn it into an initiative, and I've seen you do it time and again since I've been in office, so thank you. Of course, I'm in very much support of this, and continued efforts to work together with you, so thank you. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: Real quick. My staff just reminded me that for the 5K, you need to register, so -- Commissioner Suarez: I registered, by the way. Commissioner Carollo: -- registration is -- Commissioner Suarez: I registered. Commissioner Carollo: -- goalsnotguns5k. eventbrite. com. So one more time: Goalsnotguns5K. eventbrite. com. Commissioner Suarez: Very reasonable, by the way. Commissioner Carollo: Powered by the United Way, and net proceeds will go to the Boys and Girls Club ofMiami-Dade. Vice Chair Russell: Thanks. Chair Hardemon: You have something you want to add? Okay. Is there any further comment from the dais? Hearing none, all in favor of the items, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Suarez: Thank you. Chair Hardemon: Motion passes. Later... Chair Hardemon: All right. Before we move forward, then, let me just -- Commissioner Suarez, I know you wanted to recognize a gentleman that is here, that is -- Commissioner Suarez: Yeah. Chair Hardemon: -- serving our community in a very positive way, and I know he came for one of your agenda items -- Commissioner Suarez: Yes. City ofMiami Page 32 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: -- so I'll give you the pleasure. Commissioner Suarez: He has a huge responsibility on his shoulders, and he carries it very well, but I want to just take a minute to call up the superintendent, who couldn't be here exactly when we heard the item. You're so efficient, Mr. Chairman, that you actually hear the, you know, time certains on time, and so we appreciate that, but I wanted him to have an opportunity to just say a few words. Alberto Carvalho: Thank you very much. Good morning, Mr. Chair, members of the Commission, Mr. Manager, Mr. Chief of Police. It is a pleasure to be with you here today to mention two important themes. Number one, thank you, Commissioner Suarez, for your leadership in bringing forward the concept of `Envelopes of Safety. I think we have witnessed the devastating impact that violence continues to have, particularly on the youth of our community. About a year ago, we experienced something that could have been a terrible tragedy right here at Francis Tucker. It was then that we began thinking and speaking about a collaboration that would keep kids positively involved in activities after school during the summer. As we approach the summer, those activities need to become a reality, and the action you took today, in fact, will deliver on -- hope an opportunity .for these kids. So, thank you, Commissioner Suarez, for your leadership on this matter. The second issue is my commitment as superintendent, not only to continue to partner with the City, but, in fact, continue to work collaboratively in addressing some of the issues, and I want to speak specifically about a joint venture with Commissioner Ken Russell in providing viable schooling opportunities for the booming downtown corridor: East Little Havana, certainly Brickell, downtown Miami, Omni, leading north to the Design District and Midtown. We have some very, very viable options that will see the expansion of Southside, a new school, the expansion of iPrep, and the like. So 1 wanted to say thank you to the entire Commission for your great work and partnership with Miami -Dade County Public Schools. And today, specifically, celebrate an important milestone in ensuring the safety and security of our kids. Commissioner Suarez, thank you very much. You may see me in the park running the 5K this weekend, Mr. Carollo. Thank you very much. Commissioner Carollo: Thank you. And thank you for participating in our original Goals Not Guns forum. You were one of the panelists, and we set a lot of goals, and, you know, thank you for your leadership in that and your recommendations. Mr. Carvalho: Thank you. Chair Hardemon: Thank you very much, Mr. Superintendent; one of the best -dressed men in Miami -Dade County and Broward, I will say. City of 'Viand Page 33 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PH.2 RESOLUTION 1922 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 IN ATTACHMENT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 4 SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE, IN A TOTAL AMOUNT NOT TO EXCEED $20,000.00, TO ELLIOTT'S KARATE/DO, INC., FOR THE ENVELOPES OF SAFETY PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPO. ENACTMENT NUMBER: R-17-0223 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item PH.2, please see "Public Comment Period for Regular Item(s). " Note for the Record: For additional minutes referencing item PH.2, please see item PH.1 PH.3 RESOLUTION 2219 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BYA FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 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 SUNSHINE FOR ALL, INC., FOR ELDERLY MEALS ASSISTANCE; 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-17-0227 City of Miami Page 34 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 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 PH.3, please see item PH.1. PH.4 RESOLUTION 2220 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION 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 $10,000.00, TO THE MIAMI POLICE DEPARTMENT FOR A JUVENILE ASSISTANCE MENTORING PROGRAM. ENACTMENT NUMBER: R-17-0228 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 PH.4, please see item PH.1. PH.5 RESOLUTION 2231 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY")ANTI-POVERTY INITIATIVE, IN ATOTAL AMOUNT NOT TO EXCEED $15,000.00, TO HISPANIC COALITION, CORP., FOR SOCIAL SERVICE PROGRAM FUNDING; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COMPLETE THE ALLOCATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0229 City of Miami Page 35 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 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 PH.5, please see item PH.1. END OF PUBLIC HEARINGS City ofMiami Page 36 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 13678 MOTION TO: Adopt RESULT: ADOPTED MOVER: Francis Suarez, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item SR.1, please see "Public Comment Period for Regular ltem(s). " Chair Hardemon: We move to our second reading ordinances. SR.1, Madam City Attorney, can you read it into the record? Commissioner Suarez: Mr. Chair. Chair Hardemon: Yes. Commissioner Suarez: SR (Second Reading) -- Victoria Mendez (City Attorney): An ordinance of the -- I'm sorry. Commissioner Suarez: No, go ahead, go ahead. The Ordinance was read by title into the public record by the City Attorney. Commissioner Suarez: Move it. Commissioner Gort: Second. Vice Chair Russell: Second. Chair Hardemon: Been properly moved and seconded. You're recognized, Commissioner Suarez, ifyou have any comments. Commissioner Suarez: Just -- no, I think I made my comments on first reading. Chair Hardemon: Then any further -- You're recognized, Vice Chairman. City ofMiami Page 37 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Vice Chair Russell: Gladly. I absolutely agree with this. After running for office and understanding what it takes to democratize our election process in the best way we can -- sounds redundant, but it -- everything we can do helps. And the financial barrier of running for office is a barrier for those, so to actually collect signatures is actually the most democratic way to qualms. So thank you for bringing this. Commissioner Suarez: Try to -- Chair Hardemon: Commissioner Gort. Commissioner Gort: No, I agree with it, but my understanding that we had -- I thought we had that already, but the -- My understanding is, if you can come and you can prove that you do have certain financial restrictions, you can go ahead and file without paying. Ain I correct? Todd B. Hannon (City Clerk): Yes, sir. There's a waiver. Commissioner Gort: There's a waiver. Mr. Hannon: You could sign an affidavit, which would allow you to waive the fee; however, the qualification process will allow someone to collect signatures to waive the fee, so. Commissioner Gort: No, this would he a lot better. It'd he a lot easier for the people, yeah. Mr. Hannon: Yes, sir. Chair Hardemon: Seeing no further comment, all in favor of the item, say "aye." Vice Chair Russell: Aye. Commissioner Gort: Aye. Commissioner Carollo: Aye. Commissioner Suarez: Wait, it's an ordinance? Can we --? Chair Hardemon: It's been -- The motion passed. Commissioner Suarez: Aye. Mr. Hannon: It's the will of the Commission, and you can either have a roll call vote, or you can vote it up or down. Commissioner Suarez: No, that's fine. Sony. City ofMiami Page 38 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 SR.2 ORDINANCE Second 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 "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST" TO INCLUDE CHANGES REQUIRED BY THE INTERNAL REVENUE SERVICE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13679 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: SR.2, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion on the item? You want to have --? You have a comment? Please. No? Ronald Silver: I'm here to answer any questions. Commissioner Gort: He's very smart. Chair Hardemon: Seeing no further questions, all in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Mr. Silver: Thank you. Commissioner Gort: Great presentation, Senator. Chair Hardemon: Thank you very much. City ofMiami Page 39 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 SR.3 ORDINANCE Second Reading 1386 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's "PERSONNEL/PENSION CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, ENTITLED AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE", BY MODIFYING THE CITY OF MIAMI'S CONTRIBUTION INTO THE TRUST FUND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13680 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: SR.3, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gort: Move it. Commissioner Suarez: Second. Commissioner Carollo: Second. Chair Hardemon: It's been properly moved and seconded. Is there any further discussion from the dais? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. Daniel J. Alfonso (City Manager): Thank you, Commissioners. END OF SECOND READING ORDINANCES City of 'Violin Page 40 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 FR - FIRST READING ORDINANCES FR.1 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: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Suarez NAYS: Carollo Note for the Record: For additional minutes referencing item FR.1, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: First reading ordinances. Commissioner Suarez: Want to do 2 and 3? Do 1 again. City of Miami Page 41 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: Sure. I mean, you can do it however you like. Is there a motion to approve item FR.1, 2, and 3? Todd B. Hannon (City Clerk): Chair, my apologies. Madam City Attorney, I believe we need to read the title into the record for each item? Chair Hardemon: Oh, I'm sorry. For each item, you have to read the title. You're absolutely correct. FR.1. Victoria Mendez (City Attorney): FR.1, are we starting with FR.1? Chair Hardemon: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Chair Hardemon: It's been moved by the Vice Chairman. Commissioner Suarez: Second. Chair Hardemon: Seconded by Commissioner Suarez. Commissioner Gort. Commissioner Gort: 1 have a question. My understanding is, the -- at one time -- and I brought this up, because we wanted to have representative of the whole community. Like, you know, people want to do things with bond issues, general obligation bonds in certain areas, but it's being paid by all our residents. And my experience, and the Administration can tell you, public hearings, and the output goes into the -- my district, to get the input from the individuals is not there, because when 1 ask for reports, who were they contacting within my district, there's not too many people. I proposed at one time that we have someone send it to you. You go to the -- whatever procedure you have, and if you believe that the person is correct -- and I picked someone that lives in my district, and the -- I think the appointment you had for my district, you guys approved it, and it's worked out very good. I would like to -- that to continue. I personally would like to see that to continue. Horatio Stuart Aguirre: Through the Chair, Horacio Stuart Aguirre, as chairman. I'm with -- joined by Ms. Cristina Beamud, former police officer, attorney, and executive director; and Mr. Rodney Jacobs, military intelligence officer, and an attorney, and serving as second in command of the agency. Former Vice Mayor Gort, I agree with you, 100 percent. Nothing will change. We will do it just as you specified; that we are in agreement with you. Commissioner Gort: The idea is you have someone within your district, because, let's face it, different districts have different problem they need to address. Mr. Stuart Aguirre: We agree. Commissioner Gort: And if you have somebody representing somebody else, then they don't understand the problem that takes place within those places. Mr. Stuart Aguirre: As a matter of fact, I live in your district, very proudly so, and I am your appointee. Commissioner Gort: I'm very proud of the two appointees that I have there. Thank you. City ofMiami Page 42 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Stuart Aguirre: Correct. Thank you. Commissioner Carollo: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Carollo: Thank you, Mr. Chairman. So I'd like to begin by saying that, you know, I've been a Commissioner that has really been active with regards to the Civilian Investigative Panel. As a matter of fact, I'm the one who brought the issue to the Commission that led to the Independent Review Committee to be formed, and even passed some of their recommendations; brought back some of their recommendations, and made -- sponsored it, and passed. However, what I have before me, I have serious reservations, especially with regards to the part of the budget, and 171 tell you two reasons. Number one is accountability. There really is no accountability. If this Commission decides that we want to give our police officers a raise, you automatically receive additional funding, without any accountability to tell us how you're going to use it, or if you even need it. Now, I understand from what Ms. Dawson said that any money not used will come back to the City, but history has stated that that has only been true because there's been a Commissioner up here that happens to be a CPA (certified public accountant) that has said, "Hey, what about these. funds that you have there left over?" I remember one of the first years I was here, Mr. Aguirre, you even said, "If there's $80,000 or if there's $90,000, show me the money." Mr. Stuart Aguirre: And I'd like to remind you, Commissioner, that the error was not with the CIP. The error was with the Finance Department and what they were reporting to us. So we're both correct. Commissioner Carollo: 1 don't know what they were reporting. 1 -- Mr. Stuart Aguirre: We have it on paper. Commissioner Carollo: -- all could tell you is, when I looked at the financial data, I clearly saw the money was there and that -- Mr. Stuart Aguirre: You had information that had not been shared with us. And I stand -- Commissioner Carollo: The Finance director obviously knew about it, because at that time, I asked, "Hey, show them, because the money is still there." However, in all fairness, in all fairness, iffyou all are running that department, you should know how much money you've used and how much money you received and used, and so forth. So there needs to be -- Mr. Stuart Aguirre: Based on the information the Finance Department gave us, that's what we knew to be true at that moment in time. Commissioner Carollo: Okay, fair enough. But the only reason that money actually came back to the City was because I -- you know, I had to point it out. Mr. Stuart Aguirre: And we are grateful to you for that. Commissioner Carollo: Now, with that said, you know, again, it goes back to accountability. You know, automatically, you receive various increases. If this Commission decides to, like I said, give a police officer a raise, or, you knov; increase the amount of police officers, and there needs to be some accountability with City of 'Miami Page 43 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 regards to automatically, you receiving more monies, but there may not be a need for you to receive more money. There needs to be some type of justification. Commissioner Suarez: Mr. Chair. Commissioner Carollo: So I have an issue with that. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Suarez: Thank you. I struggled with -- I mean, I think we all struggled. I know that when we had the Charter Review Commission, the Charter Review Panel also struggled with that same issue of What is that minimum funding? What is the number? What is the rational basis between that number and whatever else you're pegging it to? So I sympathize with your struggle. My recommendation would be. for us to pass it on first reading. I think, you know, I think they should meet with you, and I think they should by to find a way to satisfy you and, certainly, all of us, as to, you know, "What is that correct nexus? What is that correct number? Do we phase it in? Do we not phase it in? Is it too much in one year?"you know, those kinds of things. And, you know, I think we have to remind ourselves sometimes of how we got here, you know, and I think the CIP has dramatically changed for the better under Ms. Beamud's leadership and we've begun the process -- or hopefully, we're finishing the process. I'm actually hoping we're finishing the process of the final reforms needed to inde -- you know -- to create the independence needed for it to basically accomplish its mission. And obviously, you know, 1 take a lot of comfort in knowing that the City residents have since ratified -- you know, when we went to the, you know, to the residents last year, two years ago with the Charter reforms that they since sort of ratified the further independence and viability of the board. But I will admit, Commissioner, you're absolutely right. We -- it's the one thing we struggled with in that -- in the Charter Review Committee, which is precisely why we did not put it in the Charter, or did not propose to put it in the Charter. And so, you know, 1, in sponsoring this, was never under the impression, bringing this to the Commission, that this would not be something that's debated, and that would not be something that's discussed. And so, I would just suggest that since it's first reading, you know -- and obviously, you're going to vote your conscience, and I respect it. And then, you know, I think -- but there's still an opening, I think, to have that conversation so that we can all, hopefully, feel comfortable with, you know, a blend of those prerogatives, you know, protecting our budget, and at the same time, you know, allowing the CIP to fulfill its Charter -mandated mission. Mr. Stuart Aguirre: Yeah. Mr. Chairman, may I? Chair Hardemon: Before you move forward, no. Let's allow some discussion amongst the board members, and then we'll tag you if we need some assistance. Commissioner Carollo: Thank you. Chair Hardemon: You're recognized, sir. Commissioner Carollo: Thank you, Mr. Chair. I definitely think that, yes, there's room for discussion between first and second reading. I cannot support this, as is -- Commissioner Suarez: I got it. Commissioner Carollo: -- and I will not support this, as is. City ofMiami Page 44 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Suarez: I got it. Commissioner Carollo: I don't know how much room there is, but we can always welcome discussion. But again, I mean, whether it's 25, half a percent, you know, quarter of a percent, half a percent, the bottom line is, there needs to be accountability. Every board, every department, through either the whole City budget, or every independent board comes before this Commission and presents their budget. "This is why we need this money." So, again, Igo back to the crux of my argument. If we, this Commission decides to give a raise to our police officers, you automatically get additional funding, without any justification why you need that extra money or how you're going to use it, or even if you need it. So I have a problem with that. I know it was mentioned Chicago, but Chicago is not the only city in the nation. There's a lot of other cities in the nation that does not have that. So, you know, again, I won't be supportive today; and, sure, I'll welcome the discussion between first and second reading. Commissioner Suarez: Mr. Chair, if I may? Chair Hardemon: Commissioner Suarez. Commissioner Suarez: I just want to add two things, because I also struggled with this issue. One of them is -- and I got to commend our Police Department and our Chief -- even though our officers are at -- our number of officers are at an all-time high -- 1 think we're fully staffed, at like 1,400, approximately -- our complaints are down, which, to me, means, number one, that we're doing a wonderful job training our officers in the academy, and that's usually, by the way, something that doesn't happen, because that also means that we have a young department, and usually, young departments have a tendency to have more complaints, for obvious reasons; they're young officers. So I do think, you know, I do think that there is room for us to continue this debate, because I do think that the principle was -- I don't think anybody disagrees with the principle. The principle is that they should have some sort of independent funding source. The question of what it is, how much it is, and what it's pegged to, I think, is what is -- engenders a lot of debate, but I think -- I'm comfortable supporting it on first reading, and I'm comfortable letting them continue to have the discussion, and seeing if we can get comfortable for second reading, as well. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. Truly, we respect our officers. Their job is dangerous, it's honorable, they deserve our utmost respect, but that doesn't mean that there shouldn't be a system of checks and balances that is transparent to the public that the public can take part in. So a citizen -led board, like the CIP, like the CRB (Community Relations Board), like the CAB (Community Advisory Board), these are all good opportunities for us to build that bridge of trust with the community. To make sure that they run properly, they need independence, they need the financial strength to do their job, and these changes accomplish that, in my mind. The way the board members are selected, you want to take as much politics as you can out of that. And there -- it will still come to this hoard, but it's done in a way now that gives them a little more independence in that sense. The way the finances can be calculated can be worked on, and I may even have a recommendation toward that. But I do believe that their job may increase with the more officers we hire, and that's a good factor that it could be tied to. To make it a little less muddy -- right now, it's a half a percent of the general fund budget for the Police. Perhaps an amendment to 11.5-35 could be instead of tying it to the general fund of the Police to tie it specifically to personnel cost, and that may go even against a little further what you mentioned, because if you give a raise, that actually automatically raises their budget, City of 'Violin Page 45 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 but I think it also speaks to how many officers are in the, you know, in the department, and how much need and load they may have. Now, that's obviously a smaller number. So what I would recommend between first and second, perhaps, to consider, is an amendment that would raise it to 1 percent, but only of personnel cost, instead of half percent of the general fund cost; that way, it's not calculated on any of the other extraneous things or different parts of the Police budget couldn't be moved elsewhere that would then diminish their budget that wouldn't be related to number of officers, and that would -- that half percent, if I understand correctly from our department, the 1 percent of personnel cost would just equal -- equal just under 1.1 million a year from your current 700-something thousand a year, which I don't think is a big jump, compared to what you do. I've been to your offices. It's not CSI Miami. You can use a budget bump, I think. Commissioner Suarez: Mr. Chair. Vice Chair Russell: So I'm happy to help give that strength. Mr. Stuart Aguirre: Thank you. Chair Hardemon: You're recognized, Commissioner Suarez. Commissioner Suarez: Thank you. I'll just say very briefly that one of the things that they -- that the C1P executive director mentioned in my briefing that 1 thought was compelling was that their job is not only to investigate complaints. They also have a public policy role and -- a suggested public policy role, and they don't really have someone staffed to take on that role, and so that's a separate component of what they're mandated to do that they're not really able to accomplish, according to them, you know. So 1 think, again, I'm -- Mr. Vice Chair, I'm okay with your suggestion. I think we need to discuss this. This is the one issue that 1 thought at the Charter Review Committee was going to be the -- sort of the contentious issue, if you will, and I'm open to anything, as long as we satisfy the principle. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Before -- Commissioner Gort. Commissioner Gort: Commissioner Russell, from the beginning, I said this should be very independent. Pin the one that discussed the idea that we should be hiring the lawyer from that department; should be an independent lawyer working for them, but I'm a great believer -- and there's no politics involved. I would like to recommend people that live within my neighborhood to them; they analyze them, they look at them, and they screen them before they approve it. So it's not a political appointee. They get to -- the chance to look at them, talk to them, make sure that the person is qualified to serve. Vice Chair Russell: Understood. Commissioner Gort: And I'd like to see that back. I'm the first one that don't want any politics in that. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes, sir. Commissioner Carollo: Thank you, Mr. Chairman. And let me state that I agree with what the Vice Chair said with regards to there needs to be checks and balances. So I understand that, but there needs to be checks and balances from all areas, even within City ofMiami Page 46 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 the CIP, because just a few years ago, this Commission was the one who handled the issues that the CIP was having with regards to -- well, let's not even get into that, but it's the reason that I brought it to the Commission; then we had an Independent Review Committee formed. So, yes, I agree, there needs to be checks and balances, but there needs to be checks and balances on all sides. And, you know, just to automatically put a percentage, which could lead to additional funding, with no justification nor accountability, I don't think is correct. And, you know, we're mentioning now, as far as complaints being down, you know, if complaints being -- are down, which, obviously, is a good thing, I mean, there should be some type of reward' no? Or at least be able to show that, "Hey, we appreciate the work that you are doing." And let's be clear, the more money that we put into one department, be it CIP or somewhere else, less money that we have to put to another department. So, again, I just don't think that it should be an automatic -- that we should just automatically give a percentage to CIP without justification, because just a few years ago, we were here -- We were the checks and balances of everything that was not being done -- how do I say this diplomatically? Let's just say, "not working properly," you know. I was -- and I was totally against for the -- any severance package that was given. And I know it was worded differently and so, forth, but, you know, I had a lot of concern. So I'll leave it at that, and you know, I'll welcome the discussion from between. first and second reading. Chair Hardman: If I may, board members, when I read through this -- Commissioner Carollo: Mr. Chair. Chair Hardemon: -- ordinance change -- Yes. Commissioner Carollo: If I may, just, you know, really quick, because 1 won't -- I'm going to lose my train of thought. One other discussion I want to have with you, some of the timelines. You're adding additional timelines, which, if 1 remember correctly, back a few years, you couldn't meet a lot of the timelines, okay? And now, you're adding additional constraints, which worries me, because that will be a perfect argument for the future. "Hey, we are not meeting our timelines, the timelines that you guys approved, and we need additional funding." But that's a concern, because the original timelines, I mean, you blew by them. I mean, we're talking years instead of months. So when we're adding some of those new timelines, you know, it's a concern, because I don't know how reasonable they are. And, yes, you could say, "Well, it should be within this time. Yeah, we should have 'X' amount of police officers patrolling this area, and we should have" -- you know. So again, within the first/second reading, Ill welcome the discussion. Cristina Beamud (Executive Director, Civilian Investigative Panel): Well, just to make it quick, because other people may share your concerns. It used to be that it -- we had a timeline that required the CIP to finish its investigation 120 days. We have changed that now to 180 days. We have also -- one of the problems with the prior ordinance is that it didn't really specifY or define "trigger." When does that clock begin? We have defined that. So now, it will be more orderly when we try to meet these deadlines. So -- and we expanded from 120 to 180 to be more reasonable in time, and we've required the CIP to do that, because one of the complaints from the community was that cases were languishing in the CIP Jroyears; and indeed, they were. And nobody had decided to do anything about them, so we had to make it very clear what the rules were, and I think we've addressed the concern that this -- that Commissioner Carollo just raised that we couldn't move them, by raising it from 120 to 180. City ofMiami Page 47 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Carollo: But there's other timelines, like 10 days after filing; three days -- I think if it's a criminal conduct, and stuff like that, those are also timelines that are additional. Listen, so I haven't gone through it -- Ms. Beamud: Okay. Commissioner Carollo: -- sentence by sentence, butt know it's -- Ms. Beamud: 171 be glad to meet with you at your convenience. Commissioner Carollo: -- I definitely know it's there and -- Ms. Beamud: Yes. Commissioner Carollo: -- I'm bringing that concern. Ms. Beamud: Certainly. Chair Hardemon: One of the issues that I saw when -- upon reading this -- and I'm saying this to my fellow board members, and the CIP can. feel, free to comment -- is just in the first -- on Section 11.5-27, in the purpose, powers and duties, on Part 2, what has been included now -- Well, before -- what was stricken was ongoing. So it says now, "Exercise its power so as to not interfere with any pending or potential criminal investigations or prosecutions." So they struck "ongoing" and included "pending or potential criminal investigations or prosecutions." That, to me, already is a very troubling change, and the reason I believe it's troubling is because it says -- I understand 'pending," right? The City and our State Attorney's Office does not want us to be involved or to influence or any -- to interfere with a pending criminal investigation or prosecution. But the potential, 'potential criminal investigation or prosecution" is where I'm having some trouble, because, to me, I've seen -- and probably a lot of people in this community have seen -- where there is something that occurs, involving a police officer; and the State Attorney's Office takes two, three, four years before they decide to issue a memo that says that, "We're not going to pursue any charges at this time, because of the case" -- "because of 'X, ' 'Y,' 'Z' reasons." And so, when I hear, "a potential criminal investigation," what I see is someone who maybe breaks the law, and the State Attorney's Office then takes as much time as they want to, to decide whether or not they're going to prosecute someone. And then, after they've decided that they don't want to prosecute someone, you have the opportunity now to start an investigation, with facts that are five years old. The State Attorneys Office finds it very difficult to prosecute crimes where a great lapse of time has passed, unless it's something where evidence has been preserved. So you -- when someone is -- for instance, when there's a homicide, they preserve evidence, because they realize that they may not get the person today, but 15, 20 years from now, they may be able to prove that Joe Smith committed this murder. Mr. Stuart Aguirre: Yeah. Chair Hardemon: There's a -- there's -- they pay more attention to those types of issues. But the types of things where the Civilian Oversight Panel -- the Investigative Panel may be involved in may not be such a serious thing. It may be something that is serious to the person who suffered at the hands of a police officer, but maybe not to the prosecutor's office. And so, that evidence may not be preserved. So now, you have someone who's saying, "This officer did something to me, there was an issue with this," and the evidence that they could have preserved, the testimony that they could have provided, the witnesses that they could have presented have now been compromised. And so just -- that, to me, is a loaded -- it's almost like a poison pill, in the powers that you have as CIP. Now, I understand that there was probably some City of 'Miami Page 48 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 compromising getting to where you are today, but that makes me extremely uncomfortable with the potential power that they had. So, to me, it's' like, okay, you grant them more dollars, but then their power is diluted by the essence of creating this loophole that gives our prosecutorial authorities too much hand in how you're going to do your job. Ms. Beamud: I certainly understand. I share your concerns. What we do as a practical matter, when you read further into the details, is that in minor cases involving criminal conduct -- typically, one of the most common ones would be missing property. Clearly, "missing property" could mean that someone stole it, for example. But normally, the State Attorney's Office does not prosecute where there's nothing more than the allegation that property is missing. We have -- we cap -- if it's a direct file, and it came into our office, the independent counsel, who is behind me, calls the State Attorney's Office. Generally speaking, we have a very good relationship with them. They're very prompt in getting back to us. If they have no intention of bringing a criminal case, they will tell us that, and the determination letter is issued, as required by the ordinance, and we go forward. Chair Hardemon: And I see that, but we must not forget that our State Attorney is elected into office, and so, there -- inherently in all of this is politics. Ms. Beamud: Oh, yes. Chair Hardemon: And so, what I'm saying here is that I don't want politics to interfere with a good investigation. So I don't want someone to have to tell me 'yes" or "no" --1 don't want someone to have to tell the CIP Board, "No, you can't do your investigation, because there is a potential criminal investigation into someone." We've had someone that was fired from the City of Miami, because there could be a potential criminal investigation into that person's actions. And still, today, there's nothing. And so, what we have found ourselves to be doing here is to label a potential problem, a potential issue, but we're -- but really have no intent on prosecuting. And to me, it's just a lack of good faith, and I don't see how this language is something that could benefit. Now, if it said, "Interfere with any pending criminal investigations or prosecutions, "I get that. Right? Because the moment that a crime is committed and the prosecutorial authority starts to endeavor into -- to look into the details of it, there is a pending prosecution, because it's along that timeline. You're investigating the -- and putting the facts together. But a potential criminal investigation, the 'potential" word doesn't make any sense to me, because either you're going to do it or either you're not. Mr. Stuart Aguirre: Yeah. Chair Hardemon: So if I can -- I can sit on my hands Jrofive years and say, "Oh, there's potential for there to be a criminal prosecution." Mr. Stuart Aguirre: Yeah. Mr. Chairman, you're speaking as the wise attorney that you are, and I think that your questions and concerns would be better served if Mr. John Quick with Weiss Serota addressed those concerns. John Quick: Good morning, Chairman and members of the Commission. You know, he actually -- that was actually what you were -- before you said "pending," I had kind of jotted that down, because it sounded like that's what your concern was. And I understand the concern, because it's this balance. We don't want the CIP investigation to hinder a criminal investigation -- a good faith criminal investigation, but we also don't want, as you said, the CIP to be sitting around for five years, and then there's -- the public is not able to have a transparent investigation, not able to be heard, and the CIP is frankly not able to investigate, because it's gone stale. So it City ofMiami Page 49 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 sounds like -- and I'd be happy, you know, to meet with you in between first and second reading to see if we can cone up with language, but it sounds like you may have come up with a good change, which, instead of "potential," which, as you mentioned, 'potential" could mean a lot of things, depending on who's reading it, to "pending investigations and pending criminal cases," so it may be something along those lines. Just so that you're aware, we -- the executive director, you know, she mentioned that we do have a good relationship with the State Attorney's Once. We do have a liaison with them, and these are not -- at least in the experience I've had over the past few years since replacing Mr. Mays -- these are not lengthy issues that tend to be dealt with, with the State Attorney; they understand the urgency of it. But 1 do understand your point, and maybe we can come to -- reach a compromise as to the language so that we can get that good balance and ensure that the citizens of Miami and the CIP are able to do their job, without hindering the State Attorney, but without waiting too long and losing information. Chair Hardemon: And counsel, you know, I'm -- I've never been someone who likes passing things along through first reading, just because, but in this situation, I -- in deference to my board members, I can move, forward, because I know that we're going to have a lengthy discussion about these types of changes. I think that the public should hear at least some comment about what we're thinking about these things, and so, that's why. I want to at least put it on the record now, but I do look forward to changes on our second reading to some things that make good sense, and I think that affect the City of Miami, its budget, and the people who are serving on this board. Another thing that 1 saw, which is not extremely -- well, 1 think it's important. In one of the sentences where you talk about who is on the board, it -- now, it's been changed to "represents the diversity of Miami." And before, it used to say that it had to reflect the racial, gender, ethnic, religious, linguistics, sexual orientation, and cultural diversity of the City. And I think that "diversity" and those things, as explained, are very different things, because you can describe the diversity of Miami in a number of different ways. 1 can describe the diversity of Miami and exclude certain ethnicities. 1 can describe the diversity of Miami and just use it in a strictly monetary scheme, so economic diversity. So there are a number of'different things that -- I know that in our hearts, we say, "Well, no, no, no. We're going to ensure that we have all of those things," but it may not come to fruition. And so, 1 want to ensure that we have language that preserves the things that we're discussing, because the police -- moreover, the police issue that you have in the City, and the use of force, and the complaints are coming from individuals who have typically a racial diverse -- a racially -- they're racially distinct, in a sense, between the officer; most of the time, and the citizens; or you have a higher number of people who are of color, brown or black, that are complaining about certain uses of force, so I don't want to lose our perspective on this. I want there to be some diversity that is reflective of the things that we describe below, and not just the simple term, "diversity." And, you know, and I -- the comments that Commissioner Carollo brought forth are very important comments, because the first thing that came to my mind is, if we're going to tack this to or tie it to the Police budget, the question I have is: Is it needed? Is the increase needed? And it was very clear that when Commissioner Suarez stated that, "Look, we have more officers, but we have less complaints." And so, the question is: Is there a need for a budgetary increase? And so, I can understand that there is a need to have a greater budget. The question is: What are the limitations to that? And some of the things that I've kicked around in my head as we've sat up here on the dais are a -- an increase of up to .5 percent of that .5 percent, and some sort of triggering factor, like the qualifying, demonstrate -able [sic] need that's reflected over a year. So, for instance, in 2000, if there is an increase to the Police budget, there's not a immediate increase to the CIP budget, but maybe over that year in 2000 that you show that there was a demonstrate -able [sic] need that you've had because of that increase; you've had more complaints, you've had more service needs and things of that nature, so that in the subsequent year, you have an increase of up to .5 percent. You know, those are City ofMiami Page 50 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 the ways that we can use to actually qualify and demonstrate that there is an actual need, and you can have an increase in that amount. So those are just a couple of ideas that I had in my mind. I'm sure that we'll have more discussion over the next -- between now and our second reading that could come up and make sense, so that we have someone -- we have a board that is getting the needs addressed; but then, also, we have the financial competency, and we have the -- really, the community's -- we address the community's concern that we're good fiscal agents of their dollars. Ms. Beamud: I'd like to address just one of those things, if may? Chair Hardemon: Please. Ms. Beamud: The number of complaints that IA (Internal Affairs) has received over the course of a number of years was presented to me a couple of days ago. I have no way of analyzing that, but I must caution that the number of complaints that any complaint system receives, including soap companies, is not necessarily always driven by customer satisfaction. Chair Hardemon: You're absolutely correct. Ms. Beamud: A lot of it is -- depends upon many, many other variables; I could list them for you, if you want to listen to them. But I would not jump to the immediate conclusion that lowering the number of complaints means that everything is, quote, "better." Chair Hardemon: Okay, and I completely agree with you. Ms. Beamud: 1 have to look at them -- maybe it is true. That's one of the explanations, but it's not the only explanation. Mr. Stuart Aguirre: As a matter offact -- Chair Hardemon: I completely agree with you, but my -- moreover, my point is that I want -- maybe what -- the compromise could be that the need is demonstrated, and I think that we could find a way to demonstrate the need of the CIP, and also to give them that increase in the budget that's -- they're depending on being tied to the Police Department. Commissioner Suarez: Mr. Chair. Chair Hardemon: So -- Mr. Stuart Aguirre: Yeah. Chair Hardemon: Commissioner Suar -- Mr. Stuart Aguirre: Mr. Chair; the nature of the complaints has grown in seriousness and in gravitas. Chair Hardemon: Thank you. Mr. Stuart Aguirre: And perhaps they should not be discussed publically right now. I'm sure your counsel would not like me to air them out right now, but the pictures are bloody enough. Chair Hardemon: Usually, the term is "redirect them to the floor." That's the term that I always look at. City ofMiami Page 51 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Stuart Aguirre: Yes, sir. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chair. Yeah. I haven't delved into the numbers to corroborate that last statement that Mr. Aguirre made, but I do -- I will tell you this. The timeframe for which we are under investigation from the DOJ (Department of Justice) in the graph that I was given happens to coincide with the timeframe where there were the most number of complaints, so there seems to me to be a correlation between some of the police practices that we had adopted at that time that the DOJ's investigating and the number of complaints, so there seems to be a correlation there. Concomitantly, there also seems to be a reduction of complaints subsequent to that, with different chiefs that implemented different policies, and I think that's something that has to be commended, because we have a lot of -- a lot more officers, and they're much younger, and yet, you know, whatever -- I haven't analyzed again what Mr. Aguirre said about the severity of their complaints, so that's something I'm open to listening to, but certainly, the total volume of complaints has to say something about the Police Department. Let's just leave it at that, because I think we're ready to vote. Mr. Chair, want to call the question? Chair Hardemon: Want to call the question? Commissioner Suarez: Yeah. Chair Hardemon: Is there any objection to the calling of the question? Is there any further comment? Vice Chair Russell: I'll second the call. Chair Hardemon: If there's further comment, then I'll allow him -- Commissioner Suarez: No, no. He just said he's going to second the call. Chair Hardemon: Oh, you said you second to call the question. Vice Chair Russell: Second to call the question. Commissioner Suarez: Yeah, yeah. Chair Hardemon: Okay. Vice Chair Russell: Need a vote? Chair Hardemon: The question has been called. Daniel J. Alfonso (City Manager): Mr. Chairman, just a quick comment. To correct for the record -- because I know that the semantics of wording "personnel salary" -- the wording that I want to put on the record is that the percentage of salaries -- if fyou go to 1 percent of salary -- in the Police Department is 1.173 million; only of the salary line item. That limits it so that it doesn't include pension, health care; those kind of things. So that's the -- Commissioner Suarez: Yeah, you're being more precise on the definition. Mr. A fbnso: Correct. Right. City ofMiami Page 52 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Vice Chair Russell: That was my recommended amendment. Commissioner Suarez: Yeah, that's -- okay. We'll look at that between first and second. Chair Hardemon: Mr. City Clerk. Todd B. Hannon (City Clerk): Roll call on item FR.1. Commissioner Gort? Commissioner Gort: Yes. Mr. Hannon: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Suarez? Commissioner Suarez: Yes. Mr. Hannon: Vice Chair Russell? Vice Chair Russell: Yes. Mr. Hannon: Chair Hardemon? Chair Hardemon: Like 1 said, I'm going to vote in favor, hut we do want to see these changes, because you can 't expect a ' yea " vote on the second reading without real changes that don't handicap you, and I'm with you. Handicapping -- Mr. Stuart Aguirre: Yeah. Chair Hardemon: -- but then also, we want to make sure that the City Commission is doing the right thing by being stewards of (UNINTELLIGIBLE). Mr. Stuart Aguirre: Yeah. I'd like to close, Mr. Chair, by saying, we had appointments to meet with all five of you. Four of you were in your offices when we arrived for our appointments; one of you was not. We were available, and we continue to be available, Mr. Chair, and to work very collaboratively with you. And we appreciate your comments and suggestions, always. Thank you. Chair Hardemon: Thank you very much. FR.2. Mr. Hannon: And for the record, FR.1 passes 4-1, on first reading. City of Miami Page 53 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 FR.2 ORDINANCE First Reading 1942 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ESTABLISHING CHAPTER 47/ARTICLE 1 OF THE CITY CODE, ENTITLED "RENTAL HOUSING/TERMINATION OF A TENANCY WITHOUT A LEASE", PROVIDING THAT RESIDENTIAL TENANCIES WITHOUT A SPECIFIC DURATION, WITH RENT PAYABLE ON A MONTHLY BASIS, MAY BE TERMINATED BY EITHER PARTY WITH NO LESS THAN THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO THE END OF ANY MONTHLY PERIOD AND, EXCEPT FOR THE NOTICE PROVISIONS SET FORTH HEREIN, PROVIDING FOR THE APPLICABILITY OF PART II, CHAPTER 83, FLORIDA STATUTES GOVERNING "RESIDENTIAL TENANCIES" TO THE RENTAL OF RESIDENTIAL DWELLING UNITS IN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item FR.2, please see "Public Comment Period for Regular Item(s). " Note for the Record: For additional minutes referencing item FR.2, please see item FR.1. Chair Hardemon: Madam City Attorney, read FR.2 into the record. Victoria Mendez (City Attorney) "An ordinance of the Miami City Commission amending the Code of the City of Miami, Florida, establishing Chapter 47/Article 1 of the Code of the City, entitled `Rental Housing/Termination of a Tenancy Without a Lease,' providing that residential tenancies without a specific duration, with rent payable on a monthly basis" -- Commissioner Suarez: Mr. Chair. Yeah. I would just -- can I interrupt and just have our superintendent, respect -- Chair Hardemon: I do want to recognize him. I just -- if we could -- Are you almost done with the reading this into the record? Vice Chair Russell: Which item is this? Commissioner Suarez: FR.2. Ms. Mendez: I'm still reading the title. Commissioner Gort: FR.2 is your item. City of Miami Page 54 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Suarez: Sorry. Later... Chair Hardemon: Madam City Attorney, I know we interrupted you in your reading of FR.2 into the record. Can you complete the reading? Ms. Mendez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion to approve? Vice Chair Russell: I'll move it. Absolutely. Commissioner Gort: Second. Commissioner Suarez: Second. Chair Hardemon: Properly moved and seconded to approve item FR.2. You're recognized, sir. Vice Chair Russell: Thank you, Mr. Chairman. I'd like to thank Housing for All for coming today and speaking on this item in support. This is where it came from for me, watching in the West Grove as people become evicted from their homes. And the misconception that this is an area that needs cleaning out through development, it's sorely mistaken. There -- while we do need to improve the area, we have families that live there that need to be cherished, that do not want to be displaced. And as development happens, evictions happen, we need to do it in the most humane way possible to help and not put them at a situation that could even create a risk of homelessness. So moving from 15 days to 30 days is the least of the least that we can do, and we've crafted this in a way that it does not have any risk of preemption, in my hopeful opinion. And so 1 welcome support in this effort. Thank you. Chair Hardemon: Any more comments from the board members? Commissioner Gort: The -- Chair Hardemon: You're recognized, sir. Commissioner Gort: I'd like to -- and when it comes back for the second reading, I'd like to have the Department -- the Law Department tell me how we're going to implement it and how we're going to enforce it, because I think that's very important. My understanding, the State legislation says it's 30 days, so if we're going to extend it, we need to know how we're going to enforce it. Chair Hardemon: Okay. The -- I'll give you a couple of minutes to say -- or you don't have -- oh, you don 't want to say anything on this one? Renita Holmes: Yes, I do, actually, because I serve that population that is mostly challenged. You know, when we talk about tenants with disability -- Madam Holmes for the record, speaking on behalf of Our Homes Business and Property Services. And I'd like to thank you for having the incentive now to meet at least the State and the constitutional level of interpretation of tenant rights according to the law. I've never seen an eviction done in 15 days, although I know the three-day and all of that, but most tenants with disability go by a reasonable accommodation. When you sign someone a poverty that has no access to legal services or legal interpretation, there's City of Miami Page 55 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 a question of fairness, there's a question of access, there's a question of actual social equity. And for impoverished persons, particularly people who are physically disabled, getting around and getting legal defense or legal interpretation by using a minute phone is already totally unfair. So when you do -- you call anybody, may I add something Commissioner? What Our Homes has done is provided them that legal education information without any compensation. I am not an attorney, but peer assistance, volunteer assistance, and then knowing someone that has to apply that -- the sustaining information and support requires a lot of time, and these are the resources that you hardly find. In fairness, we give more to that the developers and property owners, even when it comes to Code, enforcing the law. So we talk about checks and balances. The social equity, the human equity, the tenant rights, the wanting to keep people from being gentrified, the past inequities in history shows that the biggest disparity is not legal defense. And I thank you for the two minutes. It's not the biggest amount of time to talk as a person with disability, that's helping people with disability that have some inabilities, because of the lack of the language and accommodation. I'll leave that right there. Thank you so much, Commissioner Russell. You have heard them. You've actually had them come in here in baby strollers, in wheelchairs, and we've had them over at Commissioner Suarez' office, and we saw some things happen. So you do have an attorney, and I don't want to put things on the record You really need to talk about enforcing it and how it's done. Thank you. Chair Hardemon: Thank you very much. Any further comment from the board? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. FR.3 ORDINANCE First Reading 2155 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Clerk AS AMENDED, ENTITLED: "ELECTIONS," MORE PARTICULARLY BY CREATING A NEW ARTICLE II ENTITLED "ELECTRONIC REPORTING" AND ADDING SECTIONS 16-20 THROUGH 16-22 TO REQUIRE ALL CAMPAIGN FINANCE REPORTS TO BE FILED ELECTRONICALLY AS AUTHORIZED PURSUANT TO CHAPTER 106, FLORIDA STATUTES, TO ESTABLISH PENALTIES, TO PROVIDE FOR THE ELECTRONIC POSTING OF REPORTS, AND TO PROVIDE TECHNICAL ASSISTANCE TO THOSE SUBJECT TO THE ELECTRONIC FILING REQUIREMENT; 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: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort, Carollo, Suarez City of 'Viand Page 56 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Note for the Record: For minutes referencing item FR.3, please see "Public Comment Period for Regular Item(s)." Note for the Record: For additional minutes referencing item FR.3, please see item FR.1. Chair Hardemon: FR.3. Madam, read it into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: I'll move it. Mr. Chairman -- Chair Hardemon: It's been -- Commissioner Gort: Move it. Vice Chair Russell: -- I wanted to sponsor this item, as well. Chair Hardemon: Okay. The record will properly reflect it's been moved by Commissioner Gort; seconded by the Vice Chairman. Commissioner Suarez: Mr. Chair. Chair Hardemon: You're recognized. Commissioner Suarez: Yeah. I mean, I appreciate the Vice Chair. 1 also want to cosponsor the item. This is something that I've worked with the Clerk on for -- I don't know -- maybe a year, little bit more, on having this. 1 mean, this is something that's part of our city sort of functioning in a technological fashion in making it easier to find reports, access reports, file reports, and creating more transparency in our electoral process, just like the other one was about creating more -- a more Democratic way of tr,ving to participate in the process, so thank you. Chair Hardemon: Without any further comment, if all are in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 57 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 FR.4 ORDINANCE First Reading 1092 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO EXCLUDE A PORTION OF THE DESIGN DISTRICT, AS DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item FR.4 was continued to the June 8, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item FR.4, please see "Public Comment Period for Regular Item(s)." Note for the Record: For additional minutes referencing item FR.4, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 58 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 RE - RESOLUTIONS RE.1 RESOLUTION 2044 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED NOVEMBER 30, 2016 PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 605386 FROM USIS, INC. TO PROVIDE THIRD PARTY CLAIMS ADMINISTRATION AND MANAGED CARE SERVICES, RESPECTIVELY, FOR THE RISK MANAGEMENT DEPARTMENT, FOR AN INITIAL CONTRACT PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE TWO (2) NEGOTIATED PROFESSIONAL SERVICE AGREEMENTS ("PSA") WITH USIS, INC., IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS TO THE TWO (2) PSAS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0224 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Chair Hardemon: Is there a motion to approve the RE (Resolution) agenda? You're recognized, sir. Commissioner Carollo: Yeah, there are some that -- I may not be voting in favor of -- Chair Hardemon: Okay. Commissioner Carollo: -- all of them, so. Chair Hardemon: All right. So let's do it in pieces, if we may. All right, is there a motion to approve RE. 1 through RE.3? Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded to approve item RE.1 -- City ofMiami Page 59 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Alejandro Miyer: Mr. Chair? Chair Hardemon: -- through RE.3. One second, please. Is there any comment from the dais? Hearing none, you're recognized, sir. Mr. Miyer: Yes. On RE.2, I'd like to have the opportunity to address the Commission on behalf of my client, who's present. Chair Hardemon: Okay. Mr. Miyer: May I? Mr. Chair, I thank you for the opportunity. My name is Alejandro Miyer, at Berger Singerman. I'm first requesting a waiver of the lobbyist registration, because I had pre -- Chair Hardemon: Well, you know, you don't have to do this, because we're accepting the bid. Mr. Miyer: No, no. This -- we're -- my client is the second bidder, the second lowest. Chair Hardemon: Oh, you're -- Mr. Miyer: So I simply want to address any irregularities we 've discovered and provide some information to the Commission for your consideration. Chair Hardemon: Madam City Attorney, is this the proper place to make this? Victoria Mendez (City Attorney): They didn't file a protest, so they're time -barred. Chair Hardemon: Okay. Mr. Miyer: And 1 want to make that clear; as well; that, yes, we understand that we have no legal rights to address you, but it'll only be about two minutes, and it's an important issue. Chair Hardemon: Please. Mr. Miyer: Okay. If I may? So this is actually the second time this information for bids was submitted and advertised. In doing so, the Procurement Department advertised four classes of services. My client here, Paul Martinez, of PMM Consulting Engineers Corp., is currently providing services to the City for planning and inspection services citywide. He submitted his bid, and based on the information that was submitted, lost that bid. However, in a subsequent investigation, we've noticed a head -scratching irregularity that I wanted to apprise the Commission of; specifically, it relates to the amount of hours for roofing inspections citywide, and you'll notice that in your agenda item that there's a table that aggregates the estimated hours for each service task. Right now that table lists that there will be 50 hours -- only 50 -- for roofing inspections citywide for potentially six -- a six year term of the contract. We believe that this is a gross underestimation, and it's flatly just wrong. To emphasize, my client, between April and December of 2016, has actually been performing those roofing inspections and has logged over 1,300 hours. So, with that, the reason we're here is to request that this be sent back to the City Manager and the Procurement Department for further review and investigation. Based on our preliminary investigation, we believe that the estimated hours are arbitrary and capricious; the IFB (Invitation for Bid) does not award the lowest responsible and responsive bidder based upon the most recent year's actual hours, and the winning bidder's bid takes advantage of the discrepancy in the estimated and actual hours for each service category in a highly suspicious way, and that is City of Miami Page 60 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 basically the substance of what I wanted to present in a very abbreviated fashion. We have more information. We submitted a public records request to the City Attorney yesterday. As stewards of the public purse, I suggest that you treat this with some seriousness and take a look at the bid criteria and what was responded to. Chair Hardemon: Thank you, sir. Mr. Miyer: I'm also here to answer any questions, if you have any. Chair Hardemon: Thank you, sir. Mr. Clerk, are there any other persons that want -- that you had registered to speak for items RE.1 through 3? Because -- And I'll say, you know, we do allow people to speak on items as they come up, if the Commission wants to hear from the individuals, but we do have the public comment section at the very beginning. So, for all those who thought that they -- who signed up for you, I'm going to allow them to speak at this time. Todd B. Hannon (City Clerk): Yes. I have, for RE.1, Erica Carr; and RE.3, Albert Garcia. Chair Hardemon: Okay. Erica Carr. Erica Carr: (UNINTELLIGIBLE). Chair Hardemon: You say you -- we can't hear you on the -- Ms. Carr: Hi. I'm Erica Carr. 1 was just here in -- if you guys had questions. Chair Hardemon: Okay. Ms. Carr: 1 don't need to speak on it, though. Chair Hardemon: All right, thank you very much. And same? Okay. Sir, are you here about RE.1 or RE.3? Jose Miranda: I am on RE.2, and would like to address the matter concerning the bid. Chair Hardemon: Can you tell me what -- who --? Mr. Miranda: Jose Miranda, C.A.P. Government, RE.2. Chair Hardemon: Okay. Mr. Miranda: We were the successful bidder. We were ranked number 1. There was an opportunity to ask the City Chair Hardemon: I suggest, before you move into that, we may not have questions for you, so cross that bridge when we get there, is (UNINTELLIGIBLE). Mr. Miranda: That'll be fine. Thank you, Chairman. Chair Hardemon: Seeing no further comment, is there any more comment from the board? Vice Chair Russell: I would like to hear from the Procurement Department, if there's any response to -- City of Miami Page 61 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 RE.2 2034 Department of Building Annie Perez: Good afternoon. Annie Perez, director of Procurement. There was ample opportunity. There's two ample opportunities to protest. There's protest of the solicitations, so if you see anything in the solicitation that you might not agree with, you can protest at that point. And then, of course, there's the protest for award. This firm did not protest neither the solicitation, nor the award. We worked very closely with the Building Department to make sure that the solicitation meets their needs, and that's what we did. And we are awarding to the lowest responsive, responsible bidder. Vice Chair Russell: Thank you. Chair Hardemon: Any further questions? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON FEBRUARY 28, 2017 PURSUANT TO INVITATION FOR BID NO. 673382 FROM C.A.P. GOVERNMENT, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PROVIDE PLANS REVIEW AND INSPECTION SERVICES ON AN AS -NEEDED CONTRACTUAL BASIS FOR A PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE BUILDING DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING ADDITIONAL SERVICE SUPPLIERS TO BE ADDED TO THE CONTRACT; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-17-0225 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing item RE.2, please see "Public Comment Period for Regular Item(s). " Note for the Record: For additional minutes referencing item RE.2, please see item RE.1. City of Miami Page 62 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 RE.3 2247 Wynwood Business Improvement District Board RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING MANNY GONZALEZ AS THE EXECUTIVE DIRECTOR OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT, PURSUANT TO THE PROPOSED TERMS OF ENGAGEMENT AND COMPENSATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. ENACTMENT NUMBER: R-17-0226 MOTION TO: Adopt RESULT: ADOPTED MOVER: Frank Carollo, Commissioner SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo ABSENT: Suarez Note for the Record: For minutes referencing item RE.3, please see item RE.1. 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 SMALLER RENTAL DEVELOPMENTS ("GUIDELINES"), ATTACHED AND INCORPORATED AS EXHIBIT "A', AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID GUIDELINES. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.4 was deferred to the May 25, 2017, Planning and Zoning Commission Meeting. Note for the Record: For minutes referencing item RE.4, please see "Order of the Day." City of Miami Page 63 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 RE.5 RESOLUTION 1392 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO UPDATE THE CASH CONTRIBUTION AMOUNT FOR PAYMENT INTO THE MIAMI 21 PUBLIC BENEFITS TRUST FUND IN EXCHANGE FOR BONUS HEIGHT/FLOOR LOT RATIO AND PERIODICALLY UPDATE SAID AMOUNT THEREAFTER CONSISTENT WITH THE PROVISIONS OF SECTION 3.14.4(A)(3) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. MOTION TO: Continue RESULT: CONTINUED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.5 was continued to the June 8, 2017, Regular Cornmission Meeting Note for the Record: For minutes referencing item RE.5, please see "Order of the Day." RE.6 RESOLUTION 2082 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 9TH STREET FROM NORTHWEST 40TH AVENUE TO NORTHWEST 42ND AVENUE, MIAMI, FLORIDA AS "MAJOR JORGE SANCHEZ STREET"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-17-0236 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Chair Hardemon: The Chair would like to entertain a motion to approve -- Vice Chair Russell: That was 1, 2, and 3? Chair Hardemon: That was 1, 2, and 3, correct. -- RE.6 and RE.8. Commissioner Gort: Move it. Commissioner Carollo: Can you include RE. 7? City of Miami Page 64 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: I can do that; RE.7, RE.6, and RE.8, so 6, 7, and 8. It's been properly moved. Commissioner Carollo: Second. Chair Hardemon: Seconded by Commissioner Carollo. Todd B. Hannon (City Clerk): Chair, for the record, RE.6 and RE.7 are being amended on the floor. Commissioner Carollo: What's --? Chair Hardemon: What are the amendments? Commissioner Carollo: What are the amendments? Commissioner Gort: What are the amendments? Victoria Mendez (City Attorney): For RE.6, on the codesignation, it's just making sure that the Public Works Departments of both the City and the County are directed to do this, so it's that. Commissioner Suarez: Is there a motion on the table? Ms. Mendez: With regard to RE.7, I do not have that amendment. Todd, do you have that? Mr. Hannon: Basically, there's just a change -- Commissioner Suarez: Not 1 through 3? Oh, it's done. Okay. Mr. Hannon: There's a change in the title, just referencing special election for the Charter amendments to be held concurrently with the general municipal election. Ms. Mendez: Oh, but that was a full out substitution that was sent last week, correct? Mr. Hannon: RE.7? Ms. Mendez: Yes. Mr. Hannon: But RE.7 went to print without the substitution. Ms. Mendez: Okay. Mr. Hannon: So we have to amend it on the floor today. Commissioner Gort: Okay. Ms. Mendez: Okay. Chair Hardemon: Okay. All right. Will the motion -- the mover and the seconder -- Commissioner Gort: I take it. Chair Hardemon: -- agree to the -- Commissioner Gort: I accept it. City of Miami Page 65 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: -- amendments? Commissioner Carollo: Yes. Chair Hardemon: Is there any further comment or discussion? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. RE.7 RESOLUTION 2264 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2017, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 36 OF THE CHARTER, ENTITLED "CIVIL SERVICE," TO INCLUDE THE OFFICE OF INDEPENDENT AUDITOR GENERAL ("OIAG") AS AN UNCLASSIFIED SERVICE AND AMENDING SECTION 48 OF THE CHARTER ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," TO PROVIDE THE AUDITOR GENERAL EXCLUSIVE SUPERVISORY AUTHORITY OF EMPLOYEES OF THE OIAG. ENACTMENT NUMBER: R-17-0237 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Frank Carollo, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For minutes referencing item RE.7, please see item RE.6 RE.8 RESOLUTION 2266 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE IMPLEMENTATION OF ACTIVE DESIGN MIAMI: DESIGN AND POLICY STRATEGIES FOR HEALTHIER COMMUNITIES ("ACTIVE DESIGN MIAMI") AS DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN; FURTHER DIRECTING THE CITY MANAGER TO INCORPORATE ACTIVE DESIGN MIAMI STRATEGIES INTO PLANNING FUNCTIONS, WHEREVER POSSIBLE. ENACTMENT NUMBER: R-17-0238 City of Miami Page 66 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 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 RE.8, please see "Public Comment Period for Regular Item(s)." Note for the Record: For additional minutes referencing item RE.8, please see item RE. 6. RE.9 RESOLUTION 2002 Off -Street Parking Board/Miami Parking Authority A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO AMEND THE FLORIDA STATUTES TO INCREASE STATE PENALTIES FOR VARIOUS PARKING VIOLATIONS; URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO IMPLEMENT COMPREHENSIVE AMENDMENTS TO ITS PARKING FINE STRUCTURE; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-17-0239 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Note for the Record: For additional minutes referencing item RE.9, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: RE.9. Is there a motion to approve RE.9? Vice Chair Russell: I'll move it, with amendment. Chair Hardemon: You said, "with amendments"? Vice Chair Russell: Yes, I will. Chair Hardemon: You want to discuss it? Vice Chair Russell: (UNINTELLIGIBLE). City of Miami Page 67 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: I'll let you present the -- Art Noriega: Good morning, Commissioners. Art Noriega, Miami Parking Authority. I'll be quick, because I know there's going to be some discussion; and certainly an amendment. We have been working, our agency, with the County for now approximately two years, in conjunction with some other municipalities, to urge them to increase the fine structure at the County. It hasn't been amended since 1996. We, as part of that process, conducted a comp study of all the other major counties in the State. Our fine structure sits at about 50 percent of where the mean is statewide. It's gotten to the point where it's no longer a deterrent in a lot of cases, in terms of the penalty being significant enough. I think, for the most part, we need the fee increase in order to be able to create sufficient enough deterrent and to compel compliance. The resolution in front of you is very similar to one that was passed by the City of Miami Beach last year. Obviously, all of this is subject to County Commission approval. This reso is strictly an opportunity for us to lend our support to that initiative and encourage the County Commission to amend their current fine structure. Vice Chair Russell: Amended. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, and thank you, Art. It is needed. One of the things, though, that 1 recognize within the downtown area, especially the Coconut Grove Business Improvement District, where we have a lot of deliveries and delivery trucks end up blocking the roads. This can be someone that's servicing a restaurant, a grocery store; they could be servicing -- it could be a FedEx truck making a delivery; but they feel, with the fines that are available at currently $33 and this recommendation up to 47, they'll gladly take that fine and leave the truck. One of our biggest problems is congestion in the City of Miami, and anything we can do to keep the roads flowing is very important. I think these violators need to feel that if they're going to violate, it's got to -- they have to feel that. Mr. Noriega: Sure. Vice Chair Russell: So I would make a recommendation, if you are able to get the County to agree, that a road obstruction fine could be $120 -- Mr. Noriega: Okay. Vice Chair Russell: -- versus 47. Mr. Noriega: 171 certainly pass that along. Chair Hardemon: Commissioner Gort. Commissioner Gort: Let me explain a couple of things, which is very important. A lot of people don't understand why we have meters. And I understand, 8th Street, I have business on 8th Street for 20 years. You need the meters, because if you don't have the meters, you don't have parking for the -- especially when we don't have parking in the -- within the industries, so they have to use the facility. Now, my understanding, the maximum time is about three hours within certain areas. Mr. Noriega: Yes, sir. Commissioner Gort: So, if the fine is only $18, they're going to block that for -- as much as they can, especially during the special events. So I don't have any problem City of Miami Page 68 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 with that. I think we should go ahead and approve it. And the main goal is the boots that you mentioned -- somebody mentioned about boots. Boots are only placed in private property, not in public property. Commissioner Suarez: Mr. Chair. Commissioner Gort: So it's the people that own parking lot within the private property is the one that places the boots. Chair Hardemon: Commissioner Suarez. Commissioner Suarez: Yeah. I mean, I am -- I've gotten a lot of complaints about those boots. I don't know if there's anything we can do about it. Mr. Noriega: We -- Commissioner Gort: We do. Mr. Noriega: -- are working on that now, so I actually had a conversation with City Attorney's Office this morning. It was a sort of follow-up to a conversation Commissioner Russell and I had literally over the last couple of days; especially in the Grove lately, we've had a lot of issues. Commissioner Suarez: Yeah. Next to went St. Stevens, 1 got -- Mr. Noriega: Yeah. And so -- Commissioner Suarez: 85 (UNINTELLIGIBLE). Mr. Noriega: -- we had drafted some early legislation; it sort of died out a little bit. It got stale, and so I've sort of picked the momentum back up on that. And we'll have a -- actually some -- that draft legislation re -disseminated here in the next day or so, and then we're going to have a subsequent meeting to finalize it, because we want to bring that back to the Commission to really enforce -- put a little more teeth in terms of the booting contractors, in terms of how they handle signage, how they note -- Commissioner Suarez: Signage is an issue. Mr. Noriega: -- violators, the time, the turn -around time, how payment can be made. We're going to -- there's a -- sort of a comprehensive plan to that, and so we're going to hopefully have that -- my goal is to have it in the next 60 days back to this Commission for -- Commissioner Gort: Well, my question is -- Mr. Noriega: -- approval. Commissioner Gort: -- they're not allowed to use it in the public right -of -way? Mr. Noriega: No, no, no, they're not. No, we -- Commissioner Gort: Okay. Mr. Noriega: -- public right-of=way booting is illegal, absolutely. Commissioner Gort: Okay. City of Miami Page 69 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Noriega: It's only allowed in private property. Commissioner Gort: But we need to put some teeth into it. Mr. Noriega: No. Signage is the biggest issue. Commissioner Gort: Okay. Mr. Noriega: It's a little Predatory now, and we need to deal with that. Chair Hardemon: Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. And thank you, Art. I'd be glad to sponsor that legislation when it ready, and I'd be glad to work with you on it. Predatory parking enforcement is one of my pet peeves. I've even gotten texts from mayors of other cities who have been booted, not because they're violating on purpose; because they get -- they misunderstand, or it's not clear within the signage; people think they're parking at a municipal lot and they're not. There -- the confusion is -- it's unconscionable that tourists come to the area and they get booted, and they're not really violating, or they're three minutes over and they get a boot that cost, you know, way more than a ticket would. Mr. Noriega: Absolutely. Vice Chair Russell: They need to know what they're getting into. That needs to be clear, and we need to regulate it. Chair Hardemon: If I may, 1 know -- one of the increases that was spoken of earlier on the record was the increase in Miami Beach. 1 know Miami Beach didn't have much of a uproar about the increase of parking fee. Mr. Noriega: The rates themselves? Chair Hardemon: The rates themselves. Mr. Noriega: Yeah. Chair Hardemon: They didn't -- did you have an increase in the parking tickets in Miami Beach also? Mr. Noriega: No. They're still mandated by the same fee structure, because it's a County -- Chair Hardemon: Right. That's what I thought. Mr. Noriega: -- legislative issue. What they raised was their actual parking fees, their parking rates. Chair Hardemon: Their parking fees. Mr. Noriega: Their hourly rates on -street were increased. Vice Chair Russell: Did anyone get booted out of office for raising them? Chair Hardemon: No, no. But they have a different population of individuals in Miami Beach, and a significantly smaller city than what we have in the City of Miami. City of Miami Page 70 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Those of us who -- many people who are traveling to Miami Beach, because it's such a tourism location, just like in the City of Miami, but moreover, they go there for the fun in the sun, and they go with the intent to spend money, and the residents who live there don't necessarily have the same financial woes that we have of our residents in the City of Miami. And so, when we start talking about the -- not a significant deterrent, I think it depends. I think it depends on who you're talking about, because I can look at a mother who is making minimum wage, where you're saying that $18 ticket is already twice the amount of money that she's making in two hours, so you take those $2 away from her, plus the money that it may cost her to pay for gas, car registration, to fix her car if her car is not in good shape; and you're talking about someone who also, if they have to travel on one of our many highways and byways within the City of Miami, you're going to be -- you're going to have to pay a toll, right? And so there are a number of things that make having a vehicle in the City of Miami expensive, and I think when you start to add additional costs to the ticketing process, you find yourself adding another burden to that person, so the way that I see things -- and, obviously, this is not a significant vote in this sense, because Pm in the vast minority here in the vote -- is that when you start -- people pay their -- some people -- many people pay the. fee to park. Many people will avoid paying the, fee and take the gamble. Some people just like to gamble. It's the experience, not really the cost. It's the experience of saying, "I beat the system." Now -- and people know what that. feels like, you know. "Hey, I was parked here. for two hours; I did not get a ticket. I won today." They saved, you know, $5, right? They could have been ticketed, and it may have been 18. They could have been -- it could be more. People who -- and 1 remember when the Miami Beach had a discussion about raising the fees of on -street parking during major events, and I thought to myself that it's only going to hurt people who are -- who don't have a lot of money, because if -- someone who has a lot of money, they don't give a damn how they parr They'll park their car in the middle of the street, leave the keys in the street [sic], and walk away from it, and let the police tow it if it's more convenient for them, and sometimes it may be. So what I'm saying is that we have diversity of people who are within this community, and I think when you start to raise fees to a level that punishes someone, where they paid -- 1 paid $7. 1 came back 15 minutes late, and I still got a ticket. You know, that's the worst feeling, because you're trying to do the right thing -- Mr. Noriega: So -- Chair Hardemon: -- and you get ticketed. And so, that's my issue with this. Mr. Noriega: No, and it's a reasonable concern, but let me kind of speak to that, because the demographic you're talking about, typically, they won't take that risk, because the difference between $18 and paying $2 to park is a significant spread, right? So they're typically compliant. And remember, that's only one fee change here. Most of these are -- really deal with traffic mobility and issues like blocking a lane of traffic, parking in front of a fire hydrant. Chair Hardemon: Those are big points; right. Mr. Noriega: Right? Disabled parking, even though we're not addressing that, but baby stroller; parking in a stroller, you know, spot when you don't have -- That's the other six levels of fines,, so I understand your concern. That's why we've kept rates relatively inexpensive, when you look at other municipalities. I mean, Miami Beach is the exception. They're the -- sort of the outlier, because they're almost two and a half times what our parking rates are, because their demographic is different. And by the way, they got no pushback on that, on those fee increases. This is really, an issue of -- we're trying to address an issue where we do have areas, and so the overtime parking issue -- right? -- we do have areas where it is cheaper, literally, to run the risk of actually not paying, getting the ticket, because the fee -- the actual parking rates are City of Miami Page 71 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 more expensive. Those are the ones we're trying to address. Where we have normal - - our normal 2 to $3 rates, people generally are compliant in those areas. The other issue that, you know, we're dealing with relative to this year in particular is that we're just taring to be a little more cognizant of the fact that to really create a disincentive - - and Commissioner Russell spoke to it, especially in those other areas, like blocking fire hydrants, parking in "No Parking Anytime" zones, parking in a moving lane of traffic -- right now it's -- we're providing almost zero disincentive to them to do it. They just -- you know, those violators, which are commercial vehicles, typically; people that are, you know, just kind of running roughshod over it, they're just -- there's not enough of a disincentive there for them. Chair Hardemon: And I understand that. And so, I -- if we can make a friendly amendment to it, where you would not include within that then those who violate by not -- I guess it would be -- I don't have it right in front of me, but it's -- who park at meters and their time has expired. Those are the ones that I'm more so concerned about, because those are our everyday people, and their finances could differ greatly, and that's -- and they're trying to do the right thing, because they are in a spot, they're lawfully parked, they may have paid the meter -- maybe they didn't; I don't know -- but they run the risk of getting a ticket, even if they didn't. I don't want to hurt or further exacerbate someone's financial woes because of that. Mr. Noriega: I -- you know, I -- part of the reason why we implemented PayByPhone, it was a means to make it almost -- to take the burden off of people of forgetting those last 5, 10 minutes. You know, you have the ability to go back and pay to avoid the citation, because, you know, as an agency, our incentive, our motivation is to get people to pay. I don't want to write tickets. It's a stain on the brand. It's also not something that we really look forward to, but it's a -- sort of a necessary evil, so to speak, so. Chair Hardemon: And I'll give you an example. I was in another city yesterday, and when 1 went to PayByPhone, you know, you -- I start my PayByPhone as I start walking away from my car; and then I get away from the car and then 1 realize that it's not accepting my location number, so I'm trying to put the location number in. And then I have to go and change my password. I have to do all these different things. So I took another 15, 20 minutes to get back to the car, truing to figure it all out, and it still wouldn't take the location number. And then I used the little locator app, and it still didn't accept the location number. So, of course, then I had to go and use my, credit card to pay. Like, terrible experience in truing to pay for parking. And so, at the time where I was finishing up dinner -- and I was probably 12 minutes over at that time, truing to get everything paid. The only way that I'm going to be -- not receive a ticket, if you ticket me at five minutes past, is if I physically walk out of the restaurant that I'm at and walk back to the spot. Mr. Noriega: That shouldn't have happened to you. Chair Hardemon: So -- Mr. Noriega: If you ever run into that situation again, even Otis outside -- Chair Hardemon: -- ifI got a $25 ticket then -- Mr. Noriega: -- of the City, you let me know because I can still help you address that problem. We -- I -- those kind of complaints, I get very few of those anymore. I think our system is pretty squared away now. But if you ever run into an issue like that, feel free to call me, even if you're in another municipality, because we have relationships with everybody, and our vendor is in -- pretty well populated, with the exception of Miami Beach. So, I mean, I can certainly address that. City of Miami Page 72 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: Thank you. Commissioner -- Victoria Mendez (City Attorney): And we can do that for any citizen. Mr. Noriega: Absolutely. No, no, I didn't -- yeah. I mean -- Chair Hardemon: When he says "me," he means the MPA (Miami Parking Authority). Mr. Noriega: Yeah. No, no. I mean that in the sense that -- that is a -- well, you brought an excellent point, because I get those concerns a lot, and I'll get them from people who will say, "Hey, I was parked in" whatever "municipality." I won't point fingers, but -- Chair Hardemon: But I do want the record to reflect that I did not call him. I dealt with the issue. It took me an extra 25 minutes to do it, but I did it, and I still took the risk of getting that extra ticket. Commissioner Gort: You did not take advantage. Chair Hardemon: So I'm just like everyone else. Ms. Mendez: Yes, Chairman. Thank you. Chair Hardemon: Yeah, 1 don't -- don't abuse me because I'm a public official. That's the one thing 1 want to say to everyone who's in the public. Don't abuse your public official. That's not fair. It's not fun. We're brothers and sisters, mothers, fathers, and we're good people like Ken Russell, so, you know. Commissioner Gort: Call the question. Chair Hardemon: Question has been called. All in favor -- Todd B. Hannon (City Clerk): I had the mover as Vice Chair Russell, but I don't have a second. Commissioner Gort: I moved it. Chair Hardemon: The mover is Commissioner -- Vice Chair Russell: Commissioner Gort moved; I'll second. Mr. Hannon: Okay, understood. Vice Chair Russell: (UNINTELLIGIBLE). Chair Hardemon: You want to make a couple comments? Brenda Betancourt: Sure. Chair Hardemon: Okay. Ms. Betancourt: If it's a new regulation about the people with handicap stickers only can park in a place for four hours? Mr. Noriega: That's not new. That's a State statute. City of Miami Page 73 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Brenda Betancourt: So it is something that is being implemented or now you just --? Mr. Noriega: No, it's been in place for years. I think that State statute was passed some 20, 25 years ago, so that's a State statute. You get four hours free parking with a disabled tag. Brenda Betancourt: Yeah. I guess somebody got a ticket and they complain. I say, '7 don't know. I never knew about an hour." Mr. Noriega: Yeah. Commissioner Gort: But usually, some of them use it for eight hours. They stay above the. four hours. Mr. Noriega: Yeah, but that's a State statute. Brenda Betancourt: So it is --? Mr. Noriega: It's four hours. Thu get four hours offree parking. Brenda Betancourt: Three. Mr. Noriega: Four. Four hours. Commissioner Suarez: Free parking (UNINTELLIGIBLE). Commissioner Gort: Okay. Renita Holmes: Madam Holmes again. Currently, in our district, 1 pulled some reports and -- How you doing? I visit him quite a bit. There are some gaps in the situation and the interpretation of that. I would ask that you take a little look more, that you take a look at the actual statute, and then take a look at the situation of where there are handicaps concentrated. Here's one, where most of the population of handicaps persons are. Construction is being given the public parking spaces, and there are -- reduced parking already where there's inadequate parking, and I can guarantee you that, because I visited this gentleman many times about it. I had to get his staff to help me, because I wasn't getting it. I got towed where I live. May I be specific? I got towed where I live. I had a handicap sticker there. I'm only parked there because a accident occurred where I could not move my vehicle. When the vehicle was finally towed away, it was 11:30, 12 o'clock at night. When the accident occurred, it was 7 o'clock. I immediately, at 5:45 in the morning, had my vehicle towed, although it's right there with a sticker in it. When I came to find out why I got a ticket and I got towed, I still got a ticket, and I got towed, and was told that -- but I couldn't move it. So when I have that lack of communication, but yet that type of enforcement in a concentrated area where there's inadequate parking, you're absolutely right, Commissioner, but I think you and those in Little Havana should take a look, because I remember her raising that issue; and we do give public parking, including the handicap parking space, to Suffolk and others. And don't get me wrong; I'm, a Suffolk graduate, but right there -- I live right there. For eight hours, I had to go talk to the legislator about that, so please get some more interpretation of that. Thank you. Chair Hardemon: Thank you. Commissioner Gort: Come on. City of Miami Page 74 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Miguel Soliman: Thank you very much, Chairman Hardemon. Miguel Soliman, 1436 Southwest 6th Street. I just -- in all this conversation, the little guy, the people, the single mother, the elderly resident that doesn't have enough money to pay for the medications, for their food, they're getting lost in this. I know FedEx delivery trucks, everybody's abusive. There's a lot of abusive people, but somehow, please, especially -- in all three of your districts, we have -- the little people are our main responsibility, and they're getting lost in the shuffle. Miami's getting to be a very expensive place to live in, and they're having a hard enough time paying for medication, paying for their children's care, their food, their medicine, we need -- we can't -- don't let the little people get lost in the shuffle, please. Somehow, put something in there. I don't know what the answer is, but please, put something in there to protect them. Thank you. Chair Hardemon: Thank you. Was the friendly amendment accepted to take out the expiration? Because I know it's a resolution urging something, but I just wanted to be clear that the urging should not include -- just for me. You don't have to accept the friendly amendment, but the urging should not include those who have expired -- an increase in expired -- I can't -- I don't know the lingo, but -- Mr. Noriega: Overtime parking. Chair Hardemon: Overtown [sic] parking, yes. Is that amendment accepted? Vice Chair Russell: Yes. Chair Hardemon: All right. Thank you very much. All in favor of the amended resolution, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motions passes. Ms. Mendez: So then, as amended by Chairman and Vice Chair on both points. Chair Hardemon: Good. Ms. Mendez: Thank you. Chair Hardemon: Be back at 3 o'clock? Commissioner Gort: Be back at 3? Vice Chair Russell: Yes, please. Chair Hardemon: 3? Yes. City of Miami Page 75 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 RE.10 RESOLUTION 2075 OMNI Community Redevelopment Agency A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED BUDGET OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), ATTACHED AND INCORPORATED, AS EXHIBIT "A", IN THE AMOUNT OF $26,334,478.00 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017 ("AMENDED BUDGET"), AS APPROVED BY THE OMNI CRA'S BOARD OF COMMISSIONERS. MOTION TO: Defer RESULT: DEFERRED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Francis Suarez, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: Item RE.10 was deferred to the July 13, 2017, Regular Commission Meeting. Note for the Record: For minutes referencing item RE.10, please see "Order of the Day." END OF RESOLUTIONS City of Miami Page 76 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.1 2240 Office of the City Clerk BC - BOARDS AND COMMITTEES 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: Gary Feinberg (Term Ending December 2, 2017) Trisha Logan (Term Ending November 30, 2019) Nelson Delgado (Term Ending November 30, 2019) Christina Cuervo (Term Ending November 30, 2019) Patrick Cohen (Alternate Member) (Term Ending November 30, 2019) ENACTMENT NUMBER: R-17-0230 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commission -At -Large Chair Hardemon: We're bringing May 11, 2017 Miami City Commission meeting back into order. Move on with the agenda; Boards and Committees. Nicole N. Ewan (Assistant City Clerk): Good evening, Chair. Commissioners. BC.1, Art in Public Places Board: Chair Hardemon will be appointing Gary Feinberg; Vice Chair Russell will be appointing Trisha Logan to the District 2 seat; and Patrick. Cohen as an alternate member to a Commission at -large seat; Commissioner Gort will be appointing Nelson Delgado, and Commissioner Suarez will be appointing Christina Cuervo. Vice Chair Russell: I move it. Chair Hardemon: Seconded by the Chair. All against, say "nay." The Commission (Collectively): Aye. City of Miami Page 77 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.2 2241 Office of the City Clerk BC.3 2113 Office of the City Clerk Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo City of Miami Page 78 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.4 2242 Office of the City Clerk BC.5 1070 Office of the City Clerk 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: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 79 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.6 2243 Office of the City Clerk BC.7 2122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo City ofMiami Page 80 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.8 1711 Office of the City Clerk BC.9 1713 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Tomas Regalado Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES: (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Member) (Ex-Officio Non -Voting Youth Member) NO ACTION TAKEN NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City Manager Daniel J. Alfonso City ofMiami Page 81 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.10 2123 Office of the City Clerk BC.11 2265 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: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo IAFF FOP 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: Elsa Pelaez-Lopez ENACTMENT NUMBER: R-17-0231 MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Keon Hardemon, Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez NOMINATED BY: Commissioner Francis Suarez Nicole N. Ewan (Assistant City Clerk): BC.11, Finance Committee: Commissioner Suarez will be reappointing Elsa Pelaez-Lopez. City of 'Violin Page 82 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.12 1599 Office of the City Clerk BC.13 2267 Office of the City Clerk RESOLUTION Commissioner Gort: I'll move it. Chair Hardemon: Moved and seconded. 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: RESULT: NO ACTION TAKEN AS MEMBERS OF THE HISTORIC NOMINATED BY: Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Francis Suarez RESOLUTION OF THE MIAMI CITY COMMISSION INDIVIDUALS PRESERVATION BOARD FOR TERMS AS DESIGNATED A APPOINTING CERTAIN AND ENVIRONMENTAL HEREIN. RESULT: (Landscape Architect — Category 2) (Real Estate Broker — Category 5) (Citizen — Category 7) NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell City ofMiami Page 83 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.14 1979 Office of the City Clerk 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: Tyrone L. Coverson (Term Ending May 11, 2019) Davie Madison (Term Ending May 11, 2019) Monique Messer (Term Ending May 11, 2019) Keon Lewis (Term Ending May 11, 2018) ENACTMENT NUMBER: R-17-0232 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Chair Keon Hardemon City Manager Daniel J. Alfonso Nicole N. Ewan (Assistant City Clerk): BC.14, Liberty City Community Revitalization Trust: Chair Hardemon will be reappointing Tyrone Coverson, Davie Madison, and Monique Messer; City Manager Alfonso will be reappointing Keon Lewis. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City ofMiami Page 84 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.15 2270 Office of the City Clerk BC.16 2127 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Frank Carollo Commissioner Frank Carollo City Commission 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 ofMiami Page 85 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.17 1083 Office of the City Clerk BC.18 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: RESULT: NO ACTION TAKEN Mayor Tomas Regalado City ofMiami Page 86 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.19 2129 Office of the City Clerk BC.20 2271 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Chair Keon Hardemon Vice Chair Ken Russell Vice Chair Ken Russell Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Frank Carollo Commissioner Frank Carollo Commissioner Francis Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Frankie Ruiz Commission -At -Large ENACTMENT NUMBER: R-17-0233 City ofMiami Page 87 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 BC.21 1603 Office of the City Clerk BC.22 2272 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Wifredo (Willy) Gort, Commissioner SECONDER: Ken Russell, Vice Chair AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): BC.20, Virginia Key Advisory Board: Commissioner Suarez will be appointing Frankie Ruiz to a vacant at -large seat. Commissioner Gort: Move it. Vice Chair Russell: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Chair Keon Hardemon Vice Chair Ken Russell Commissioner Frank Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Patrick Sessions Vice Chair Ken Russell City of Miami Page 88 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 ENACTMENT NUMBER: R-17-0234 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort ABSENT: Carollo, Suarez Nicole N. Ewan (Assistant City Clerk): And BC22, Waterfront Advisory Board: Vice Chair Russell will be appointing Patrick Sessions. Vice Chair Russell: I'll move it. Commissioner Gort: Second. Chair Hardemon: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Hardemon: Motion passes. Ms. Ewan: That concludes the Boards and Committees. Thank you, Chair. Chair Hardemon: Thank you very much. END OF BOARDS AND COMMITTEES City ofMiami Page 89 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 DI.1 1992 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEE CONCERNING THEIR ANNUAL REPORT: - AUDIT ADVISORY COMMITTEE RESULT: DISCUSSED Note for the Record: For minutes referencing item DL 1, please see item PA.1 DI.2 DISCUSSION ITEM 1810 Department of Real Estate and Asset Management UNSOLICITED PROPOSAL SUBMITTED BY G AND G BUSINESS DEVELOPMENTS, LLC FOR A PUBLIC -PRIVATE PARTNERSHIP ("P3") TO DEVELOP A BEACH PAVILION IN THE SOUTHEAST SECTOR OF HISTORIC VIRGINIA KEY BEACH TO BE MANAGED BY THE VIRGINIA KEY BEACH PARK TRUST ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE UNSOLICITED PROPOSAL PROJECT IN ACCORDANCE WITH SECTION 18-119, CITY OF MIAMI CODE OF ORDINANCES, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY. RESULT: DISCUSSED Note for the Record: For additional minutes referencing item DL2, please see "Public Comment Period for Regular Item(s)." Chair Hardemon: DI.2. This is our discussion for the -- Commissioner Gort: Pavilion. Chair Hardemon: -- unsolicited -- oh, here we are. Daniel Rotenberg (Director): My apologies, Commissioners. DI.2 -- Daniel Rotenberg, Department of Real Estate & Asset Management. This is the P3 solicitation that we received from G and G Business Development, LLC (Limited Liability Company). This is for a public/private partnership; develop a beach pavilion in the southeast corner of Historic Virginia Key Beach. Chair Hardemon: I'm sure you have some questions. I mean, some -- maybe you can -- is there anything more than that you can tell us that would describe the request? Mr. Rotenberg: What we received was a proposal or a letter of intent for the parcel. It's a 30-year lease, with some lease terms of $120, 000 yearly, equivalent of $3.6 million. This is going to be for two pavilions: One, which is going to be a beach club available to the public for a fee; second structure will be for the use of G and G as a City of Miami Page 90 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 public venue for them. What they're offering in return, besides a lease term, is replenishing the beach and the sand that was taken by erosion. They're going to be building some stone walls to prevent the currents, and they're going to take on the construction of the two structures on the beach itself that they're planning or that they're proposing. Vice Chair Russell: Mr. Rotenberg -- I mean, Mr. Chair. Thank you. I only received my first briefing on this issue in this past week. I learned about it a little bit earlier, but not much. The first I had heard of it was an article online, and I honestly didn't think it was accurate or real, because it actually stated that the development of the Aston Martin project was going to buy land or had already bought land on Virginia Key, so I thought fake news, right? I would like to hear about potential projects, unsolicited proposals, as we get them a little bit sooner, because I really would have liked to have guided -- help guide this and get the parties together. I learned more about it when I was touring the beach park, historic beach park on Virginia Key, with Guy Forchion, and he started to tell me the plan and idea, because I went through the whole property, and we were just talking about different ideas, and it seems that there's an evolution of ideas. There was the initial proposal, and 1 think what Iris is getting up to tell you is that even the two -pavilion proposal has changed now; whether it will be private versus public or anything -- all of that is very .fluid at this point. But I certainly would like to ask and direct that the Manager's Office keep my office apprised of any potential leases on our City land in my district, as they come about. I really don't want to he the last to know, and I really want to be helpful with finding consensus on things. That being said, the original proposal that was placed in, in my mind, it could never happen, because of many, many things; but one, that this is our historic black beach. This is -- through history, that was the only place at one time that a black person could swim in our City on the beach, and the concept of turning a part of that into a very high -end luxury, private beach club, it's offensive, and I think the public would really look at us as violating our responsibility as stewards of the island. 1 understand from the market perspective of the developer and what they would like to have accomplished, hut by coming to me first, we could have worked out and gotten to maybe where you are now, because the proposal that is before us today -- and I'll wait to hear exactly what it is, Iris -- but that proposal sounds like complete public access; one pavilion that will be open to the public always -- Iris Escarra: Correct. Vice Chair Russell: -- an investment by the developer in the capital, in the maintenance, in the park as a whole. All these are good things, but the story that got us here speaks to the intention of the developer, and that betrays the trust of the public, and so here we are. And I've heard plenty of opposition just in the last 24 hours when this came about. The Virginia Key Advisory Board that took this up about approximately last week, I guess, they had a full presentation, but they never really got the full story, and so they are waiting to hear more; and, obviously, it's even evolved since then. So I would encourage us not to make any decisions on this at this point, except for you all to go back to the advisory board, be completely transparent with intentions, and we'll hear from the advisory board on what they recommend, but, you know, I think that's kind of where we are right now. Commissioner Gort: Mr. Chairman. Mr. Rotenberg: Just so you do knovr; this is the first time I'm seeing this. As far as -- Vice Chair Russell: The new proposal? City of Miami Page 91 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Rotenberg: Yes. And your Administration did receive the P3. It's my understanding that we're supposed to bring this to you first before it goes anywhere. Commissioner Gort: Right. Mr. Rotenberg: So this is our initial bringing this to you. Vice Chair Russell: Got it. Mr. Rotenberg: There was no intent from the Administration at any point in time to do anything but bring this to you first. Vice Chair Russell: And I appreciate that we're having this discussion item, but the article online was months ago, and I don't know what prompted that, if that was within the developer's -- sort of pitch for what in the amenities that they were looking to offer, but I wish the developer had come to us, as well. Iris Escarra: If I may, Iris Escarra, with offices at 333 Southeast 2nd Avenue, on behalf of G and G Development. I'm here today with German and Sofia Coto of the Coto family. The concept originally started as looking at potentially having a space where people from their building could enjoy the beach. That was the original concept. Vice Chair Russell: Right. Ms. Escarra: They started working with the Virginia Key Trust to come up with a potential concept. In those discussions, it turned out that the Virginia Key Trust Master Plan, which is the plan that I circulated here, called out for a beach pavilion to be developed on the site, which is already in the master plan. So that was like, "Okay, great. How could we come up with a agreement for us to be able to utilize that site?" Through that, initially in my letter to the City to kick start -- what I call "kick starting" the RFP (Request for Proposals) process through submittal of an unsolicited bid, we asked for certain parameters. Now, since it a bidding process, there are other people that are going to be able to come in and outbid us, so what we are actually asking for today is really just -- huh? Unidentified Speaker: Potentially. Ms. Escarra: Potentially. Well, hopefully not, but, you know, it is an open bid, so anybody could bid. What we were asking the Commission for today was to allow that bidding process to actually happen to invite other bids, but giving the City parameters, which we have a -- the Trust Board has created -- the letter that I distributed -- certain things that they want to make sure that whoever wins the bid follows and adheres to the master plan, plus what they are asking for with regards to the beach pavilion, which has evolved, initial concept. And since it has to go through an RFP process, the concepts that we presented were initial concepts just to kind of gauge of this was something that would be viable for them to invest, because to start this process, they had to pay $25,000 fir the unsolicited bid process. So they were trying to gauge if this is something that would functionally work jor them, and they have worked with them, and they completely understand that it has to be completely public; anybody can come and rent it. There's going to be a beach cafe, where anybody can come and buy food, and that's fine for them. They just want to be able that in the future if -- on a day like you rent another city park, you're able to host an event there, we can host an event there, just like somebody can host a wedding, somebody can host a birthday, like at all the other pavilions and -- I don't call them chickee huts, but I guess other pavilions in other city parks, that you're able to rent it. So that is what our request has really evolved into, and we City of Miami Page 92 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 understand the City's position with regards to the process that we're going through, but at the same time, we want to say enough, but we can't say too much, because then other people are going to be able to bid against the process and the RFP, so we say -- we set out the basic terms in our letter, requesting to you all to start the bidding process, to allow this to be an open forum, to allow other people to come in and participate; we understand that, because it's City waterfront. We also understand this has to go to a referendum, so this would have to be approved by the general public, as well. So that's what we're asking for, is to allow this process to go forward with your parameters, with the thresholds that you all would like, the thresholds that the Trust Board would like, because they're the ones that are ultimately managing the property, and that's why we're here before you today. Vice Chair Russell: Thank you. If I may, Mr. Chair? Chair Hardemon: Urn-hm. Vice Chair Russell: So, if it's avail -- if it's possible to be leased like any other park facility, and when you compare -- like when we say pavilion in one of our parks, you do picture one of these chickee huts, but if you could speak a little bit to the amenities that'll be offered. This is a much more complex structure. This is what's in the master plan of the park itself. So it's not to say that this is out of left field and something they hadn't intended for. Ms. Escarra: Right. Vice Chair Russell: It was something that was unfunded. But there is the risk, though, if it can be rented out as a whole or in part, there will be private parts of it at times that the public will not have access to while an event is going on. Ms. Escarra: Correct. Vice Chair Russell: And while that is possible that the other parts of our City parks and such, you have to recognize the cultural sensitivity and the historic sensitivity that exists on this beach. Ms. Escarra: Of course, of course. Vice Chair Russell: So this is a -- this is something that needs to be dealt with very carefully, with a lot of sensitivity, I think. And so, when I really had a long talk with Guy from the Trust, to me it brought about a -- it's sort of a wake-up call for us about investing in our parks, and what's important, and this beach, which is such -- I mean, it's our only blue -watered gein of a beach in the City of Miami; around, of course, Miami Beach, Key Biscayne -- there's many -- but in the City, we have a lot of beaches on the bay -- Ms. Escarra: Right. Vice Chair Russell: -- but this is our only, open ocean, blue -water beach. It's to be cherished by us, and we should be investing in it. The historic nature of it means that we should be investing even more in it, and the fact that we haven't been makes the Trust feel the need to go out outside to find P3 partnerships to help fund these things, and the justification that might be made to create a part of it as private or membership or just to lease out on times, this is where it was, so where we are now may be a little different. You know, that can even still have a potential negative repercussion. Someone -- you know, if a kid walks up from the beach and wants to go in and sees that there's, you know; a high -end, private -only party, is that what we want for that beach area? And that's something that I think the Trust will -- not -- City of Miami Page 93 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 the advisory, board will take up, the Trust is taking -- Historic Beach Trust is taking up, and ultimately, this Commission. I certainly have concerns on that, even in that respect. But I think this is, like I said, a wake-up call of investment. I think this is a perfect candidate for a line item in our general obligation bond, for example, you know, if we want to invest in this park, in the capital of this park and do it right, and create programmatic things that cherish its history. I'd love to see a -- you know, a free trolley that runs all the way from the City trolley line out there so you can skip the tolls, you know; you can skip all of that, and have access to our best beach in the City, and especially for communities of need that may not have as much access. So, you know, the potential for partnership has always been there. P3's do have a place, and they do work very well, but the way they come about and the story that's told is very important. And I'm already, you know, hearing a lot of resistance to this from the public, you know, just in the few days that it's really become open about where it's come. from, but it hasn't been very open about where it is right now. Ms. Escarra: Correct. Vice Chair Russell: So I'm -- you know, I'm glad that you're here. Commissioner Gort: Mr. Chairman. Chair Hardemon: Yes. Commissioner Gort: My understanding, when we approved this -- I think it was about a year ago -- any RFP will come out to -- any unsolicited proposal will come up to Administration; the Administration will bring it to us, and we he aware of it, and then we make -- and then whatever we decide here, they would have to go for an RFP. In other words, I've been in -- in my business, when we presented -- pilot -- a pilot program, we automatically get selected. In here, it was different. In here, they have to come up with a plan, and then they have to go for an RFP, my understanding. So 1, myself, feel I didn't get any information from this, and I think all the Commissioners here that need -- they have to vote on it, which is very important for us to be aware of it. Now, my understanding is the Administration received all this today? Mr. Rotenberg: Right now. We got -- the letter that was sent to us was at the end of December with the P3; we've held on to it. We haven't spent money from it. The only letter we have is the one that we did receive on December. This is all new to me right now. Chair Hardemon: Is there any further discussion on it? Vice Chair Russell: No. I think it just needs to go back to the advisory board and, you know, we'll -- once they have a full picture of it -- and I'm sure they will issue a resolution to the City Commission on, you know; their opinion, which I value. Ms. Escarra: They actually -- the letter I distributed was the one that they -- this is the letter I distributed. Vice Chair Russell: Historic Beach Trust. Ms. Escarra: The Historic Beach Trust, they're the ones that actually had put in some of the parameters of what they wanted to see when it goes out for bid. So we had been working with them since December to see what the parameters were that they wanted to see in the program. City of Miami Page 94 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Vice Chair Russell: How does the business model work that anyone else would bid on this if there is no return for -- that's an exclusive benefit for the residences, because it's -- the amount of money you're investing -- Ms. Escarra: Right. Vice Chair Russell: -- and the amount that will be paid to the City to not have something exclusive to offer the residents, will it still be -- is there a value in the developer for that, still? Ms. Escarra: So from -- on behalf of the Coto family, they're developing that building, but this is something separate that the family is doing. So one of the things that they saw when they met with the Trust was that they have -- the Trust has a plan to have a place where anybody can come. Initially, they had discussed, "Could we buy membership so that we" -- 'people from our building can come and spend the day at the beach?" In coordinating with that, they said, "That's not possible, " and we said, "That's fine. We agree. We understand that." So the City still -- it's still -- there is no place for anyone to come, whether it be our tenants, somebody else's tenants, anybody in the City. You really don't have a beach pavilion where somebody can go and spend the day. So we said, at that point, "Well, if we can construct it, and then we have the ability in the future to lease it when our tenants want to have a party or when our tenants want to have a special event, that'll work for us." And they actually -- by having the management agreement for a long period of time, the investment that they make in order to build the building will be amortized throughout the term of the lease, so their initial investment to construct and develop it is amortized, and then they pay the annual MA G (Maximum Allowed Gain) to the City, like every other leaseholder. Vice Chair Russell: Are there any terms in the management agreement stating how much of the timing can be leased, what percentage of the days, what time of day? Ms. Escarra: That -- no, it's open. That's all open. There's no -- Vice Chair Russell: Open for discussion. Ms. Escarra: -- restriction. Correct. That's how part of the RFP process. The struggle we have is that because we started unsolicited bid process, we can't necessarily put all the terms out, because then others can come and bid against us. So as part of the RFP process, you refine, and you make a full written commitment, plans, subject it, and then you can compare our plan, another bidder's plan, more detailed plan. Right now, I'm not at liberty to put all those details out, because it's an unsolicited bid process. Vice Chair Russell: Right, and you want to be competitive. I mean, you just -- Ms. Escarra: That's the -- Vice Chair Russell: -- have to understand the potential risk, though, is that they build it in a benevolent fashion, they build it for the park, they build it for the community, and then they reserve and lease it for every afternoon and every night fbr its residents at whatever that cost, and suddenly, the public aspect is gone. Ms. Escarra: And you have the ability to put that that can't happen. You could -- Vice Chair Russell: So -- Ms. Escarra: -- put it as part of the RFP. City of Miami Page 95 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Vice Chair Russell: -- what percentage of time is acceptable for it to be private versus public? This is a very difficult situation, I would think. Ms. Escarra: Right. But that's something that in the RFP, somebody might propose a month, some people might propose more, some people might propose none. So that's the competitive nature of the process, to receive those options. Vice Chair Russell: Right. No. And so, I welcome hearing what the Trust says, and what the advisory board says, because I do know it was in their intention to have a pavilion that could be rented out for things like weddings. It was going to be a revenue source for the park. There's just a lot of sensitivity to work with on this, so I look, forward to hearing, from them in the. future. So please go back to them and -- with as much as you can in detail, because they're still in the dark as a board, the advisory board. Ms. Escarra: Okay, we'll coordinate that. Thank you so much for the opportunity. Vice Chair Russell: Thank you. Chair Hardemon: Thank you very much. Later... Chair Hardemon: 1 have a question. The discussion that we had on D1.2, the unsolicited proposal pavilion at Virginia Key Beach, I'm trying to have some understanding. 1 was speaking to the Manager just on the side a little bit about the way that the P3 ordinance is set up, so I know that -- like as was explained earlier, this was the first time you were bringing it to the City, and I remember there was this whole discussion about someone that was serious about P3 's need to present a check for -- I think it was about $25,000, and that begins the whole process of whatever work that the City's supposed to do, because, as I understand, you guys would be spending money, your own time -- meaning, like your own time, your energy -- and you want to take on serious projects, not just ideas that people throw out into the sky, so I'm -- I was sitting back as we were -- before we got to this agenda item, and I was trying to figure out what was the clear direction that we gave you. And I know that, you know, Commissioner Russell wants the Virginia Key Trust to take a look at the presentation, but when I listen to the attorney -- well, if she's still here, Ms. Escarra - - speak about the issue, it was -- they're afraid to kind of put out information, because they're afraid that -- Commissioner Gort: Yeah. Chair Hardemon: -- you know, someone's going to take -- or basically -- I don't know -- ruin to take, bite, imitate, copy their idea. So I'm trying to understand what type of direction did you need from the City? Are you trying -- or from the Commission. Do you need us to say, "Yes, you can cash a check and begin to explore it, " and then, that way, you can participate along with the Virginia Key Beach? Is that what you're looking --? Like, what's happening here? And just got -- and this is -- Mr. Rotenberg: Commissioner, Daniel Rotenberg, Department of Real Estate & Asset Management. The answer is, yes, we would look for the Commission to direct us to start to do due diligence. As far as I understand, when we get an unsolicited proposal with a check, which makes it into, in my eyes, a real P3 proposal, we would lookfor direction from the Commission to start the entire process. So this, to us, was the neonatal stage. City of Miami Page 96 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: The reason I bring this up, Mr. Vice Chairman, especially, is because if the City's going to be paying close attention to what's happening, maybe we need to cash that check so we can ensure that the City, is, you know, actively participating in the whole discussion. I'm reading through for the first time the unsolicited proposals, as we're sitting here; just trying to see what's the next step. And Madam City Attorney, I don't know if you can guide us a little bit. Ms. Mendez: Well, my understanding is that for this process that a check has to be received, and this was received, but now it's just the process of going through it and vetting it. Chair Hardemon: So -- Ms. Mendez: The first step was bringing it to you to make sure -- Chair Hardemon: Was the actual proposal given to the City, like a full proposal? Mr. Rotenberg: No, sir. What you have in your hand, that letter, that was given to us, along with the check. That's -- From my understanding -- and correct me if I'm wrong, Ms. Attorney -- this is the process. We get the letter of intent, along with the check. Chair Hardemon: Because as I'm seeing the fee, that $25, 000 is an amount that is supposed to be a reasonable fee to pay the cost of evaluating the unsolicited proposal, and that's the part that I'm talking about. So if we're talking about we're spending our City resources to evaluate this proposal, is there a proposal to evaluate? And if there is a proposal, maybe we should be spending our -- using -- spending their dollars to evaluate it. Mr. Rotenberg: Absolutely. Daniell Alfonso (City Manager): Mr. Chairman, at this point, if all we got was a letter, that's not a full proposal. But we would be interested in saying, "Okay, if we're going to spend this $25,000, let's look at a proposal." It's not for us, by the way. It's for us to work with the Virginia Key Beach Trust, because we're not the ones who control that space, so we're helping them along with the process. We're helping them go -- come up with a recommendation, et cetera, but it's their body that has to eventually say, "Yes, we're going to move this forward. Ms. Mendez: But if this Commission is not at all interested right now in even -- Mr. Alfonso: Then we don't spend their money. Ms. Mendez: -- exploring this, then the check is returned. and it's done. It's basically, does this Commission want to explore -- and the Vice Chairman said -- a whole bunch of reasons why this should be something that is worked -- was worked before -- Chair Hardemon: (UNINTELLIGIBLE). Ms. Mendez: -- worked carefully, looked at, so it's whether you're entertaining this or not, and then -- Chair Hardemon: Because what I'm reading here, I'm reading Section 18-119, "Unsolicited Proposals," under Part "E," "Public Notice. " It says that the City receives an unsolicited proposal for a qualing project pursuant to this section, the City of Miami Page 97 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 entire section, and the City desires to enter into an agreement with a private entity or consortium ofprivate entities submitting the same. The City, shall first notify the City Commission of the receipt and of said unsolicited proposal, while placing on a discussion item on the next available Commission meeting agenda. And then upon the Commission's approval to proceed with said unlicited [sic] proposal, the City shall publish public notice in the Florida Administrative Register, in a newspaper of general circulation of at least once a week, for two weeks, so this -- that's the publication section. But it seems to be what's needed is -- actually, when you read further, it says, "The entity submitting the original unsolicited proposal may submit a more detailed proposal in response to the City's notice." So is that what you were waiting on, Ms. Escarra? Commissioner Gort: No. Ms. Escarra: Correct. I was just trying to start the process, and then our full proposal will come in later with the plans and the more detailed -- the lease terms and all that, but I can't put too much out, because then I'm kind of competing with myself. Commissioner Gort: Sure. Ms. Mendez: So, Chairman, just to clarify, what you're reading -- Commissioner Gort: Mr. Chairman. Ms. Mendez: -- is the actual process. But remember that this Commission has directed the Administration that whenever we get an idea of anything, for it to come to you to see if you're even interested in that, so we have not triggered that -- what you're reading has not been triggered yet, because we don't know if this Commission is even interested in this faint idea, so that's why it's here. It's very preliminary. Chair Hardemon: Commissioner Gort. Commissioner Gort: I think, in order to save time, we should look at it and see if we want to do this proposal. And if we do, we can save $25, 000 from you all. You can come up with an RFP. I mean, we can get together with the Trust, and the Trust can tell us what they want, because I -- according to letters that I read, the Trust would like to see something that takes place that will give them an income, which they need to maintain their sources going. So rather than doing this -- going through this process, just get together with the Trust -- you -- Vice Chairman, you should get together and come up with an RFP, if we're interested in doing so. Then come up with an RFP. Vice Chair Russell: Isn't there, though, a legal process once they've issued -- given you the check that starts this -- that forces the unsolicited process? Commissioner Gort: Has to be in cash. Vice Chair Russell: Can we -- not cash it, and say we'd rather form our own RFP at that point or --? Mr. Rotenberg: We can. Vice Chair Russell: We can or cannot? Mr. Rotenberg: It's up to the Commission. City of Miami Page 98 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Alfonso: No, no. Mr. Rotenberg: Madam City Attorney. Mr. Alfonso: The reason why I shook my ahead is we want to make sure -- the check is already cashed. We don't hold the checks. But we'll return it if -- Mr. Rotenberg: We have not used the $25,000 at this point. Vice Chair Russell: We haven't used it, but is there a legal reasoning that we would need to follow the process of the unsolicited, or is it unfair to the proposer who issued the check? Ms. Mendez: No, you don't need to -- you do not need to do this. It's only if you're interested in entertaining this process. If you want, you don't have to; we return it. That's it. Commissioner Gort: Let me tell you, it helps the proposal. In the work that I -- in investment banking, when it conies to a unsolicited proposal, if you come up with the right proposal, and the right savings and the admission of a bond, automatically, the person that comes up with an idea gets to be the underwriter; they'll select the other people on the team, hut they can underwrite -- I was told that was not really good for the proposal. 1 mean, they come up with it, they got to put all the information, the $25,000, and then you go for an RFP. Then here comes all the other people that want to be part of that RFP, and they already have some information. Vice Chair Russell: Right. I can make a prediction for you, Iris, on this one, and I think you've got an uphill battle. Had the unsolicited proposal been in its current form from the very first day -- Ms. Escarra: Right. Vice Chair Russell: -- we might be in a different situation, but seeing how it evolved raises suspicion of the various boards, and we have to question it even more carefully. And the more secretive you have to be about the proposal, the more suspicion the boards and the public will be. Ms. Escarra: Understood. Vice Chair Russell: I -- Ms. Escarra: I'm in a catch-22, though. Vice Chair Russell: It's true. And so I predict that that will be the end of it at that point, because I'm sending it back to the boards, because I don't want to, you know, cheat them out of the opportunity if they did want to come forward with this and say, "This is the right thing. What it's evolved into at this point is what we want; please move forward We'll pretend the original offer never existed. Ms. Escarra: And so that I'm clear, it's the Virginia Key Advisory Board, because the Virginia Key Trust -- Vice Chair Russell: And. Both. Ms. Escarra: -- is on board. They're the ones that submitted the letter. It's the Advisory Board, the one that we did not -- I think that it was only discussed one time City of Miami Page 99 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 preliminarily at -- an item with no official letter or support or anything, but the Trust did. Vice Chair Russell: Right. Ms. Escarra: The Trust gave us the -- Vice Chair Russell: And the Trust does have a seat on the Advisory Board, as well. Ms. Escarra: Correct. Commissioner Gort: Right. Vice Chair Russell: At this point, you know, the Advisory -- Ms. Escarra: But no official action was taken by the -- Vice Chair Russell: Right. Ms. Escarra: -- Virginia Key Advisory Board, so we'll have to go back to them is what you're saying. Commissioner Gort: Maybe you want the Trust to say, "Yes, we would like to see it take place; let's put an RFP together, " and then you'll he part of the competition. Ms. Escarra: No matter what, I'm part of the competition. I was just trying to -- Commissioner Gort: Right. Ms. Escarra: -- you know, express -- Commissioner Gort: I understand. Ms. Escarra: -- somehow, got to make it faster. Vice Chair Russell: If you're looking for direction from me, I would recommend we put a line item in our general obligation bond having to do with what we want to invest and develop the Historic Beach Trust, and we issue an RFP for any partners that we would want in it, based on exactly what parameters we believe; how much public access, how much it should be able to be leased out, because to have them bid on it -- you know, it's a competition of privacy, actually, of how much public versus private access there will be on a very sensitive piece of property. So that would be my recommendation. Commissioner Gort: But you can make that part of the RFP. I mean, when you put that RFP together, you can put all the conditions you want to see in the RFP; the parks, the amount of public use that have to be done, how many -- I mean, we're going through that right now with Key Biscayne. Mr. Rotenberg: Right. Chair Hardemon: Right, right. Vice Chair Russell: Gentlemen, any other suggestions? Mr. Rotenberg: If I may? If I may? Mr. Vice Chairman, Chairman, and the Commissioners, if this was not this specific property, if this was a P3 that was sent to City of Miami Page 100 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 US 011 another property, we'd bring it to the Commission -- and this is just for a point of clarity, Madam City Attorney -- if we do get a P3 at another property, we do bring it to the Commission for a `yes" or "no," whether or not we are supposed to proceed from the ,first stage, and at that point, we would use that check to start doing due diligence; is that correct? Chair Hardemon: If that's the rule, that's the rule. I mean, I don't remember what I voted on. Ms. Mendez: This is -- yet, it has to come before the City Commission in order to decide whether they want to follow the process. I'm just reminding the Administration that this Commission, on several times before, has just said that they want to be in from the beginning and know what we're thinking, et cetera, et cetera, so that's why it was brought preliminarily before the process starts, so that this Commission can decide, so. Chair Hardemon: Well, I -- you know -- Ms. Mendez: And that was based on a directive on several items that -- Chair Hardemon: But I brought this all up just to clarify what was going on. So the last time we spoke about this, the hoards were expecting not to get more information about everything so 1 guess we let then get that information that they're looking for and then we go from there. All right? Mr. Rotenberg: And the same thing with another P3 -- and I'm asking for a reason - - if we get one, we are going to bring it to you -- Chair Hardemon: No, bring that -- yeah, bring that the way, that you -- Mr. Rotenberg: Okay. Thank you very much. Chair Hardemon: All right. Commissioner Gort: Okay. Chair Hardemon: Everyone, the meeting's adjourned. Good job, guys. Commissioner Gort: Thank you all. END OF DISCUSSION ITEMS City of Miami Page I0l Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PART B: PZ - PLANNING AND ZONING ITEM(S) Chair Hardemon: DI1 -- there aren't any more boards that need to make any presentations, are there? That's correct. Okay, thank you. We can go to our part "B" of our meeting, the Planning and Zoning items. Todd B. Hannon (Citv Clerk): Yes, sir. Madam City Attorney has a statement to read into the record, and then I'll administer the oath. Victoria Mendez (City Attorney): Thank you. PZ (Planning & Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. Please note, Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. 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 the 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 may first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda iteni titles will be available at the City Clerk's Office and at the podium for ease of reference. Staff will briefly present each item to be heard. For applications requiring City approval, the applicant will then present its application or request to the City Commission. If the applicant agrees with the City [sic] recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 and in the City Code, providing the appellant shall present first. All persons testifying must be sworn in. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action, pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Thank you. Todd B. Hannon (City Clerk): Good afternoon, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Hannon: Thank you, Chair. PUBLIC COMMENT PERIOD FOR PLANNING AND ZONING ITEM(S) Chair Hardemon: Before we begin on our PZ (Planning & Zoning) items, I'd like to open up the public comment section for our PZ agenda items. So if you are here to City ofMiami Page 102 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 speak on any. PZ agenda item, you may approach one of the lecterns. You may state your name and address. You may say which item it is that you're speaking about, and you'll have two minutes to address this body. So I'll open up the public comment at this time. Seeing none, I'll close the -- Vice Chair Russell: No, there's definitely a public comment. Chair Hardemon: Oh. Linda Alger: Good afternoon. Linda Alger, 2784 Southwest 29th Avenue, Miami, Florida 33133. I'm here to speak on behalf -- as a proponent of PZ item 1. As you know, I get all excited when somebody wants to put some density next to transit, and this is a project that's going to be next to transit, so it gets some cars off the road. It is also a project that has the potential to provide housing in the urban core, in a neighborhood that right now is not a really pretty neighborhood to go in. There are some other projects happening in that neighborhood, and this will give us some more critical mass there to make it a little safer to walk around and actually feel like a part of the neighborhood. The additional streets -- the additional sidewalks and street lighting and landscaping that will come with this project will make this a much nicer place for people to live. It also will provide for affordable housing for people that cannot afford more expensive housing that's available on Brickell and downtown. So I hope that you'll listen carefully. I've looked at this project. I feel like it's a really good thing for us. It puts people right next to a transit station. If people work in the hospital district, they can jump on the trolley. There's a lot of really good possibilities that come out of this neighborhood being improved, and this project goes very far in that direction, so thank you. Ms. Ana: Hello. Pm Ana. I live in the Melody Tower building, two blocks away from the Art Plaza. I'm here because I have a baby. 1 intend to raise my baby in the neighborhood, and that's why I'm supporting this project. The building will have affordable prices, so the people will be able to work and live in the same place. We have retail, so jobs will be created, and we have public spaces that will relish the area, so that's why I believe this will be very positive for the neighborhood. Chair Hardemon: Thank you. You're recognized, sir. Joel Rodriguez: Joel Rodriguez, 235 Northeast 25th Street. I'm calling -- I'm here speaking as a proponent for the project Art Plaza. It's being built in an area that's suffered -- I mean, has experienced a lot of recent development, and it's a positive project fOr the neighborhood. I think continued growth in that area will significantly benefit. Thank you. Unidentified Speaker: Good afternoon, all. I'm here as a proponent. My wife is a local business owner here in Miami, and she's -- unfortunately, wasn't able to be here, but I'm in favor because I think it'll bring a lot of business to my wife; she owns a small grocery store. And affordable homes is not the best thing around here. It's very expensive, especially in the Brickell area, and I'm definitely in favor of this growth. Chair Hardemon: Now, your wife is going to kill you, if you don't say the name of grocery store and where it's located. Commissioner Gort: (UNINTELLIGIBLE) advertising. Unidentified Speaker: It's called La Fama Supermarket. It's on 2nd and 21st Street. And I hope all of you will be able to come by and get the best pastries in town. City of Miami Page 103 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: Thank you very much. Good job. Unidentified Speaker: Small commercial. Chair Hardemon: Good job. Ivan Moran: Good afternoon, Commissioners. My name is Ivan Moran. I'm here for the Art Center project; 2901 Northeast 2nd Avenue. I am from Nicaragua, and I left my country many years ago because I fear for my life. It was dangerous. Unfortunately, I live now in a dangerous neighborhood. I start working at 7 o'clock, and where I live, I wake up because of the noises sometimes, like around 2 or 3 o'clock in the morning, look out the window and seeing people walking around my house. It is easy to talk about dangerous neighborhood, and I took the liberty to take some pictures yesterday. I going to ask Jeanette (phonetic) (UNINTELLIGIBLE) to show it to you so you can have an idea the kind of neighborhood where I live, and this is right in front of the proposed building. Jeanette (phonetic). You can see some people that's sleeping, prostitutes showing the breast, and this is during the middle of the day. Jeanette (phonetic), can you come here a little bit more, please, (UNINTELLIGIBLE)? Can you show it to them? I also brought some of my neighbors; that we need to have some changes in this neighborhood. This neighborhood has been forgotten for so many years. My neighbor, the one who (UNINTELLIGIBLE). People living around the same area. So today, you have the chance and you have the power to start changing this neighborhood. 1 hope you take the right decision. Thank you very much. (Applause) Chair Hardemon: The hanging of the gavel is to capture your attention, because it typically signifies something. But in our City Commission meetings, we don't allow clapping, because sometimes you have many passionate speakers that speak very, very, well; and if we clap after every person, and 1 had to quiet everyone down, it will significantly, make these meetings longer. So what we're asking you to do is if you are in support of someone, to show us some sign of support. It could be a thumb's up; it could be spirit fingers, whatever you choose. Just show your support that way, okay? Thank you so much. Ana Marie Garces: Good afternoon, Commission. I'm Ana Marie Garces, co- founder of Urban Health, located at 425 Northeast 22nd Street, Suite 401. Just want to commend you. Because of the rezoning that you all did on an adjacent property, this property, Art Plaza, will have profound physical and social health impacts that are greater than if' it was done isolated. Additionally, the Enterprise Community Partners, a national organization, came down and analyzed this Art Plaza project, with a lens on older adults and aging in place, in accordance with the Miami -Dade Age -Friendly Initiative, and found that this project not only had already aging in place designs, but that there were many opportunities to enhance the project. Since then, the developer has been proactive in incorporating those design features, and again is just continuing to enhance the possibility of having a project that can impact the quality of life, and provide a housing and transportation index that is lower than the average index in the City of Miami, and allows for locals to be able to afford and work in an area and -- live and work in an area that they can afford. Thank you. Javier Aguilar: Good afternoon, Mr. Chairman and Commissioner. My name is Javier Aguilar, and my address is 1033 Northwest 6th Street, Miami. I'm come today to support, again, the project that Melo have for this project that we are discuss today. It's important to let you know, guys, that our neighborhood is always change, because you guys had the power to try to do the best, and this is one of the City ofMiami Page 104 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 opportunity, you guys have to try to continue work as you guys do for the last years. I personally, -- and also, in behalf of my neighborhood, I would like to congratulate, and I have to recognize the very hard work that Mr. Frank Carollo do in this period of time that he doing, and also Francis Suarez. It's a shame that you guys had to, you know, finish your period of time to service our community, but before you leave, I have to let you know that we are so proud that you guys have service for us. I really think that what you guys do in the past, and I know for sure that you continue your career, because you deserve to continue to do what you do for the past, because you do it very well. And I also have to let you know that all the progress is what the City needed and the neighborhood needed to try to increase and to get better life. As I say, it's a shame that you had to leave, because, you know, our neighborhoods continue need to -- a little more increase, but especially because at 4 o'clock every morning, I has a rooster to wake me up, and the (UNINTELLIGIBLE) -- you know, in the neighborhood, and this is something that has to change one of these days. But I know that in the near future, with this develop -- with all this work that you guys do, we get a better life. Thank you. Chair Hardemon: Thank you. Ramon Franca: Good afternoon, Commissioners. My name is Ramon Franca. I run and opened the Ace Hardware on 1644 Northeast 2nd Avenue, 30 years ago. 30 years ago, the area was extremely had; 20 years ago, the area was extremely had; 10 years ago, it was extremely had. Melos moved in, started building around the neighborhood; started to get better. Finished Melody. You see people walking the streets where you never saw anyone walking the streets. The corner of Northeast 14th Street and 1st Avenue has always been a very dicey one, as far as 1 remember. With the addition of Square Station, and now Art Plaza, it's a totally different neighborhood, and it's going to clean it up. Behind us, they put in a soccer park. 1 see young children there in the afternoons, I see children on weekends, and it's becoming more of a family neighborhood. Please let this pass. Thank you very much. Chair Hardemon: Is there any other person that'd like to speak on the public comment, on an item that's -- PZ.1 or PZ.2 for public comment? Seeing none, I'll close the public comment at this time. City of Miami Page 105 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PZ.1 ORDINANCE First Reading 2039 Department of Planning and Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1336, 1348, AND 1366 NORTHEAST 1ST AVENUE, 50 AND 58 NORTHEAST 14TH STREET AND 1335 NORTHEAST MIAMI COURT, MIAMI, FLORIDA FROM "T6-24-A-O", URBAN CORE TRANSECT ZONE -A -OPEN, TO "T6-24B-O", URBAN CORE TRANSECT ZONE-B-OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Vice Chair SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Hardemon, Russell, Gort, Carollo, Suarez Note for the Record: For additional minutes referencing item PZ.1, please see "Public Comment Period for Planning and Zoning Item(s)." Chair Hardemon: Calling PZ.1. Francisco Garcia: Yes, sir. Thank you. For the record, Francisco Garcia, Planning & Zoning director. Item PZ.1, as described in your package, is before you on first reading, and it entails the proposal to rezone a property at approximately 1336 Northeast 1st Avenue -- there are other properties appended to it -- from the present zoning designation, which is T6-24-B-O to -- rather, T6-24-A-O to the proposed zoning designation, which is T6-24-B-O. The future land use designation is in place that is acceptable for it, and the Planning, Zoning & Appeals Board recommended approval. I'd like to say briefly for the record that our recommendation for denial, your Planning and Zoning Department 's recommendation for denial, is based solely on the stand-alone nature of the application, and also on the fact that approval under present conditions might run afoul of the intended workforce housing program that the Commission directed us to explore when approving the zoning designation they are applying for. However, it is my understanding -- and 1'll defer to the applicant in a moment -- that the applicant is prepared to proffer a covenant that will address the intent that was originally intended by the City Commission. With that, I yield to the applicant, and I'm happy to answer any questions. Victoria Mendez (City Attorney): Chairman, did you want me to read the ordinance into the record now? Chair Hardemon: Yes, let's do that. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Thank you very much. Iris Escarra: Hi. City of Miami Page 106 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: Mr. Vice Chairman, do you have something you want to say before she presents? Vice Chair Russell: No. I'd be glad to see it -- I -- I'm sorry. This is an item in my district. It's also in the Omni CRA (Community Redevelopment Agency), and I'll be happy to be the one making the motion on this. I've seen the plan and I've -- I'm very thankful that you're offering the affordability in the concept that you are. I appreciate that the Melos came to the table on that, and I think it's going to be an amazing project. It can be a big part of the hub of what Omni will be, so thank you, and -- but please proceed with the presentation. Chair Hardemon: I want the record to properly reflect that Commissioner Gort seconded the motion that was made by the Vice Chairman. Ms. Escarra: Thank you, and good afternoon again. Iris Escarra and Zaba Castro, with offices at 333 Southeast 2nd Avenue. I'm here today on behalf of Carlos Martin and Laura Melo of the Melo Group. This is actually phase two of a three-phase project, so the item before you is actually called Art Plaza. Square Station is already under construction. This is actually phase two, and there is a phase three to be seen this summer right before you again, because we are coming in and also asking for a rezoning from T6-24-A and T6 -- to T6-24-B. One of the most important things on why this rezoning is required for us to develop this site is the City has created, through various different instruments, an incentive. So you have -- you're in an area where you have 500 units an acre. You're in an area where you have two constructed Metrorail stops. Where other people are asking to extend the line, we have the line, and they're underutilized here. So you're in the Omni CRA, which also has incentives. You're in the Urban Central Business District of the City of Miami Comprehensive Plan, but yet, something happens that they're not really developing under the current Code. The other projects that were built after an SD- 19 under the old Ordinance 11000 to increase the square footage, we're asking for a rezoning, because there isn't a good correlation between the allowed rezone -- the allowed FLR (floor lot ratio) and the proposed FLR that we're seeking. Everything else stays the same. T6-24-A and `B" allow the same building, same height, same density in units; the only difference is FLR. We are also bringing to the table 91 more workforce housing units through a covenant that we're restricting on the property in order to encourage the mixed uses of the building, similar to our Square Station. With that, the PZAB (Planning, Zoning & Appeals Board) Board recommended approval of the project, and I'm here to answer any questions you may have. Chair Hardemon: Are there any further questions from the Board members? Hearing none, all in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 107 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 PZ.2 RESOLUTION 2043 Department of Planning and Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ELVIS CRUZ AND THE MORNINGSIDE CIVIC ASSOCIATION AND REVERSING/AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT FOR THE RENOVATION OF THE CONTRIBUTING STRUCTURE, DEMOLITION OF THE NON-CONTRIBUTING STRUCTURE, AND THE NEW CONSTRUCTION OF A THREE-STORY COMMERCIAL BUILDING LOCATED AT APPROXIMATELY 5101 - 5125 BISCAYNE BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD HISTORIC DISTRICT. MOTION TO: Defer RESULT: DEFERRED MOVER: Francis Suarez, Commissioner SECONDER: Frank Carollo, 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. Chair Hardemon: PZ.2. Francisco Garcia (Senior Director, Planning & Zoning): Thank you, sir. Item PZ.2 is going to be recommended for a continuance. It is before you as a resolution. However, due to defective notice, we must continue it. Now, I have the following to propose to you. Although we are ready to proceed with this item, PZ.2, on May 25, I am being advised that that particular agenda is rather crowded, having 25 items. I would therefore recommend that the item be continued to -- which is somewhat unusual, but to June 8. I understand that it is not a Planning and Zoning meeting. There is already one Planning and Zoning item. This particular appeal would be the second item in the Planning & Zoning agenda of June 8, so we are recommending that for your consideration. Commissioner Suarez: So moved. Iris Escarra: IfI may? Commissioner Suarez: Yeah. Ms. Escarra: Sony. I apologize. I'm also here. I am not the appellant, but I am the developer. So on behalf of Arva Jane, this project got approved in February before the Historic Preservation Board. Through no fault of our own is it being deferred from now until May 25, because the appellant didn't pay the notice fees to be able to notify the appropriate parties. So, unfortunately, the developer is kind of waiting on the sideline for the appeal to occur, so I would ask your consideration to please have it on the 25th and not the 8th, because we can't proceed, we can't do anything until the appeal is actually considered. So we would ask for -- to please go on the 25th, if possible. Chair Hardemon: Is the -- legally speaking, if someone appeals but does not pay the fee, is the appeal valid? City of Miami Page 108 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Mr. Garcia: No, sir. We -- as I stated on the record previously, the postponement in hearing this case has to do with an error in notification on the part of your Planning & Zoning Department. Chair Hardemon: Oh. Mr. Garcia: We have since corrected that error, and we're ready to proceed on May 25, certainly. It is simply a matter ofpracticality; that that agenda is rather crowded. Commissioner Suarez: Mr. Chair, if may? Chair Hardemon: Please. Commissioner Suarez: Oftentimes, on Planning & Zoning meetings, we do have a very stacked agenda, but as happens, 50 percent of the stuff gets deferred, so, I mean - Vice Chair Russell: Let's give it a shot. Commissioner Suarez: Huh? Vice Chair Russell: So we give it a shot? Commissioner Suarez: Yeah, let's give it a shot. I'll move.for May 25, right? Commissioner Carollo: Second. Chair Hardemon: 1 know there are some kind of restrictions to how many things would he on the agenda, so I'll make sure, you know, just -- Vice Chair Russell: 60. Chair Hardemon: So, I know it's something, right? It seems that we have a lot on there already, all the time, but the motion has been made. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. So it continues to the May 25 agenda, okay? END OF PLANNING AND ZONING ITEM(S) City of Miami Page 109 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 M - MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS City of Miami Page 110 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 D1 - DISTRICT 1 COMMISSIONER, DISTRICT ONE WIFREDO (WILLY) GORT END OF DISTRICT 1 ITEMS City of Miami Page 111 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 D2 - DISTRICT 2 VICE CHAIR KEN RUSSELL END OF DISTRICT 2 ITEMS City of Miami Page 112 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 D3 - DISTRICT 3 COMMISSIONER, DISTRICT THREE FRANK CAROLLO END OF DISTRICT 3 ITEMS City of Miami Page 113 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 D4 - DISTRICT 4 COMMISSIONER, DISTRICT FOUR FRANCIS SUAREZ END OF DISTRICT 4 ITEMS City of Miami Page 114 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 D5 - DISTRICT 5 CHAIR KEON HARDEMON END OF DISTRICT 5 ITEMS City of Miami Page 115 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 FL - FUTURE LEGISLATION END OF FUTURE LEGISLATION City of Miami Page 116 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 NA.1 2336 Office of the City Clerk NA. NON -AGENDA ITEM(S) DISCUSSION ITEM DISCUSSION BY VICE CHAIR RUSSELL REGARDING THE STATUS OF FLAGSTONE ISLAND GARDENS ("FLAGSTONE") PROJECT. RESULT: DISCUSSED Vice Chair Russell: Is my pocket all that we have left? Chair Hardemon: Yeah. Vice Chair Russell: Wow. I apologize. I really thought 5:30 would be a safe time. Victoria Mendez (City Attorney): May I please read some --? Chair Hardemon: The first thing 1 said was, I've never heard of a -- Commissioner Suarez: Underestimating the Chairman. Commissioner Carollo: You 're underestimating -- Commissioner Suarez: You're underestimating the Chairman. Commissioner Carollo: -- the Chairman now. Chair Hardemon: -- pocket -- Commissioner Suarez: You 're underestimating the Chair. Chair Hardemon: -- discussion -- or a pocket item that's time certain. I never heard of that one. That was a first. Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: I apologize. Commissioner Suarez: You're underestimating the Chairman. Vice Chair Russell: For certain, I had received a lot of requests from a lot of people that want to -- that have an opinion on this, and I expect a good turnout. I do beg your indulgence that we table until 5:30. It's only an hour and a half away, and I've got plenty of work I can do in my office. Ms. Mendez: Before you recess, can I read two things into the record? Commissioner Suarez: I got a time certain today, so I can't complain. So, if you want me to stay, I'll stay. Commissioner Carollo: I haven't gotten any, butt don't complain. City of Miami Page 117 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Commissioner Suarez: That sounded like a complaint, though. Commissioner Carollo: Sounded like it, butt don't complain; doesn't mean I don't notice. Commissioner Suarez: Exactly. Vice Chair Russell: You'd like to read your item? Commissioner Carollo: I said, "It doesn't mean that I don't notice." Vice Chair Russell: I mean, we just need a quorum, but it's -- Commissioner Suarez: (UNINTELLIGIBLE) hour and a half or (UNINTELLIGIBLE)? Chair Hardemon: Well, Madam City Attorney, you wanted to read something into the record? Commissioner Suarez: (UNINTELLIGIBLE) recess? Ms. Mendez: Thank you, Chairman. Thank you. Commissioner Suarez: We're in recess until --? Chair Hardemon: Yeah, yeah. Vice Chair Russell: 1 have a statement. Chair Hardemon: You don't -- but you don't need a quorum for a discussion item; that's the first thing. Vice Chair Russell: Right. Chair Hardemon: So, I mean, that's something you should know. Vice Chair Russell: What I will do right now, as we recess, I'll circulate this statement that I'm going to be reading so you have it ahead of time, and you can decide if you'd like to stay and take part in the discussion. If not, I do hope to at least have a quorum, as there may be an action item. There will be an action item, but that'll be up to you to stay or not stay, obviously. I do -- you know, there will be people showing up for this. It is a time certain item. I know it's a pocket. There was a deadline this week, and I believe that it's -- time is of the essence with this issue. If we don't discuss it and give direction to our management, we're not speaking to that deadline, and that's -- I just really want to discuss amongst us where we stand on that. So it's my error for making it 5:30 and not 4:30, but I, you know. underestimated how efficient the Chair would be today. Chair Hardemon: Part of our -- part of -- sometimes the trouble, as well, is that when we have discussion items that turn -- I don't know what the motion could be, but when you have a discussion item that turn -- that could turn into an action item, many people feel like they've been left out, because -- especially this pocket item, you know. People feel like, "Well, X' group knew, but 'Y' group did not," and, you know, you may run into some trouble there, as well. Vice Chair Russell: I've only drafted this statement one hour ago, so nobody knows where I stand until we all have this out right now, and I don't know where you all City of Miami Page 118 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 will be, honestly, so it may go nowhere, but I do expect the discussion item, at least from my, side, to potentially be a motion, and so, you know, I'd like us to take part in it. Let -- So I move that we table until 5:30. Commissioner Carollo: I'll second that, but I don't think you need a motion to table. Vice Chair Russell: As a pocket discussion item, with a time certain. Sony about that. Chair Hardemon: That's the five -day -rule guy. He did it in five -- Commissioner Carollo: Actually -- well -- Okay, so the pocket is technically supposed to be an emergency. Chair Hardemon: Right. Commissioner Carollo: So if it is an emergency, then, yeah, it'll overrule the .five- day -- Commissioner Suarez: Can I -- Commissioner Carollo: -- if it's an emergency -- Commissioner Suarez: -- make a -- Commissioner Carollo: -- and that's where you have to prove is it an emergency and all that. However -- probably speaking to the Commissioner that has brought the least amount of pocket items in the whole time that I've been here -- I will tell you that, usually, the Commission is pretty lenient with regards to pocket items -- Commissioner Suarez: There's -- Commissioner Carollo: -- not being emergencies. Commissioner Suarez: -- another way. Okay, I have not read the memo, so -- that you just drafted an hour ago. You know, whatever is in it -- I don't know what's in it, and I don't know much about the item, generally, other than what has been sent by the Clerk, and what's been reported by the Miami Herald, but I can tell you that it involves this many documents. So maybe what you want to do is put it as a time certain at the next Commission meeting and end this Commission meeting, and you can have details as to what it is you want to do, justification as to why you want to do it; that way, we can prepare for that discussion, because to make a discussion of this magnitude, without any notice, without any idea what it's about, with an hour -- even you having formulated it an hour ago -- Vice Chair Russell: That's why it's a preliminary discussion of the item, but 1 think time is of the essence that we discuss it, based on the deadlines that may or may not have passed. Well, the deadline has passed. Whether or not they've been met is going to be a part of the discussion. Commissioner Suarez: But I'll tell you this: If a deadline has expired -- right? -- that has not been fulfilled, for example, the -- there's a statute of limitations to file suit on that deadline, and that statute of limitations is what? Breach of a contract is what? Three years? What's the statute of limitations for a breach? City of Miami Page 119 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Victoria Mendez (City Attorney): Well, there's not a statute of limitations, per se, that we have to deal with right now. It would be if we're going to hold them in default, because some things have happened. Commissioner Suarez: That's what I'm saying. Ms. Mendez: We have plenty of time to do that, between now and the next meeting, if that's what you're worried about; time frame. Commissioner Suarez: Are we going to be waiving anything? Are we going to be prejudicing ourselves in any way? Are we going to be giving the other side any sort of advantage by waiting two weeks? Ms. Mendez: I don't believe so. Now, I do ask, though, that if you decide not to have any discussion today that the Vice Chairman read whatever he was going to pass out, read it today. Commissioner Carollo: Why? Ms. Mendez: Because I think that there may be urging of a type of vote, and I don't want it to be outside of -the sunshine. Chair Hardemon: But he can enter it into the records of the Clerk -- right? -- and it be distributed -- or made available to the public. Ms. Mendez: Right now. I'm just saying now; not distribute it in the meantime, or what have you. Commissioner Carollo: Okay, because he could distribute it at the next meeting, if he want to, not -- Chair Hardemon: But he can also -- Commissioner Carollo: -- necessarily -- Commissioner Suarez: But he has to distribute it with five days' notice, because I think -- Commissioner Carollo: Right. Commissioner Suarez: -- the key here is it's -- this is a big deal, with a lot of paperwork, so we want to know what time, what's going to happen, so we can be prepared. Vice Chair Russell: Well, I'd like you to know where I am now; that's why I brought it up today. Whether we take an action or not, of course, is up to you all completely, you know. Commissioner Suarez: Okay. Vice Chair Russell: So, let me just -- I'll just distribute the statement. Commissioner Suarez: Okay. Vice Chair Russell: I'm open to stay until 5:30 and have the discussion. I know there's a lot of things within the many -- agreement to enter into the agreement, the lease agreement itself the extensions. It can be pretty complicated, but I really City of Miami Page 120 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 believe it boils down to one very key factor•, which is not that complicated. So it certainly wouldn't be fair to bring a motion at this time, seeing that the applicant is actually not here, and they're going to be here at 5:30, but nobody would be here to speak to either side of the issue, which is only fair, obviously. Whether we have the discussion item or not, or whether we table it, this is where I am on the situation, and so I'll leave it to your discretion; if we want to take it up this afternoon or table it for another couple weeks. I think we should go today, but -- Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: So, Mr. Vice Chairman, everything you said here is what I've said for I don 't know how many years. I've always, fallen short. I'll be here at 5:30 and see where we're at. But, yeah, everything that you pretty much have depicted in your writing, I have stated before, including in 2010, making a motion to find them in default and for the City to take back the land. Vice Chair Russell: Here's what I'm going to do, then, if it's all right with the Chair. Commissioner Carollo: Which, by the way, in 2015, I think it was, this Commission allowed me to put on the ballot a referendum that, going. forward, any company or developer that reaches out to the voters and gets their approval on a project has four years to obtain the necessary permits. If not, they need to go back to the voters, because you're right. I mean -- and I've stated this before. Just because they had the approval in 2001 -- voters change their minds, so, realistically, we may not want the same development that was approved in 2001; not to mention the present value of a dollar and all that, but -- which is extremely important. However, you know, the voters may want a different development. They may actually want a park there. But anyways, you know, I'll be here at 5:30, if you need me to be. Vice Chair Russell: If it pleases the Chair, what 1 could do is, you know, for the sake of the public, who may be watching at this point -- it's good for them to know what we're speaking about, even in this moment -- so I would read my statement, not ending it with a motion, of course, but the intent that I will be bringing a motion, which, if there is a third who would like to stay today, I'd take it up. If I have a request to actually defer it -- there's nothing to defer -- but to table the issue until the next meeting, I will bring an actual motion at that meeting, rather than a discussion item. So, Mr. Chair, if you -- would you like me to read the statement? Chair Hardemon: You can read it into the record if you'd like. Vice Chair Russell: Thank you. So, gentlemen, I placed this discussion item on the agenda today because I'm frustrated. This is with regard to the Flagstone project. It has been more than 15 years since the City of Miami and our voters gave the right to develop our public land on Watson Island to Flagstone. Ever since, we've entertained a litany of excuses as to why very little of the project the voters have approved has been built. At this moment we have before us what I think is a pretty clear issue: Flagstone had a deadline to have all its material permits approved and actually begin construction by May 1 of this year. I understand that they moved some dirt around a few days ago to try to convince us that construction had begun, and that's not the first time that's been done. But their phased permit, which allows them to begin building before the master permit is finally approved, actually expired back in March and was not reinstated until May 4. That would put them three days late? No. That puts them 15 years and 3 days late. Fifteen years we've City of Miami Page 121 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 been waiting for Flagstone to deliver on what it promised. Here's what the Miami Herald wrote in December of 2002: "The project, approved in concept by City voters last year, would convert 10 acres of land into a bustling neighborhood with two five-star hotels, a fish market, a yacht marina. It's expected to be complete in three years." Back then, the City was looking to attract signature projects that would pump our local economy, but Midtown didn't exist yet; Wynwood, as we know it, didn't exist; downtown and Brickell were a shadow of their current form. We didn't have the Arsht, the Frost, the Perez Museums; and most of all, we didn't have the congestion and infrastructure needs that we do now. And yet, here we are, 15 plus years later, still talking about Flagstone. At this point, I have to ask: `Is this project even relevant anymore to the vision of what our public land on Watson Island could and should be?" Is this project, should it ever be built -- and I'm pretty skeptical about that -- what Miami needs and deserves? The voters spoke back then, but if they spoke today, what would they say? If we were to plan that space right now, I would advocate for an RFP (Request for Proposals) that has the developer implementing a multimodal transit hub that connects and finances the BayLink and water taxis. It could be the point of transit to all of the best amenities on the island. It could be a beautiful green space that could give the most amazing views of our downtown skyline. But the voters don't have a say, unless this developer is in default, and I believe that they are. In Paragraph 6(a) of the amended and restated agreement to enter into the ground lease from 2010, it states, "If the parking/retail components do not start construction" -- capitals, Start Construction -- "by 9/1/2016, which was then extended by Governor's executive order to May 1, then Flagstone's rights to build any components expires and ceases; the agreement to enter is terminated; the City retains all prepaid construction/base rent." The phrase "begins construction" is defined in Exhibit "A" of Composite Attachment 3 of the same agreement. The phrase "start construction" shall mean that all material plans and permits are approved and issued, and the actual act of physical construction has begun. Furthermore, in paragraph 7(a) of the same agreement, it states that, "If the retail parking components do not commence construction by the 72nd month, from 9/1/2010," which then was 8/31/2016 and now May 1, 2017, "then there will be no crediting of prepaid construction rent, the City shall keep all prepaid construction base rent received, the City can terminate the agreement to enter all ground leases, and the City can take back the marina component and the balance of the project and the property." The fact is, the phased permit expired and was not renewed before the date. The roaster building permit has not yet been obtained. The City has lost millions in undervalued rent. The only silver lining is that we can now look at the land in the context of our needs today. I do hope for your support in giving the voters this long overdue chance. I will be moving that we direct the Administration to issue a notice of default, and that our City Attorney and Auditor General conduct an analysis of the various agreements to see if there are other breaches, as well. So, I will conclude this as a discussion item for the moment, and I will be here at 5:30, as it was intended, but, of course, I do want the full body and a -- I will defer if any one of the Commission does ask for all .five of us to be present at another time, so we've already -- I guess I'm the Chair at the moment. How do you feel., Commissioner Gort? Commissioner Gort: Well, I'll be here for discussion; got a lot of -- ask a lot of questions from the Law Department, and I'd like to see the people from Flagstone being here. I mean, they should have the right -- Because I understand we've been waiting for 15 years, but my understanding, according to the information that I received, they have spent over $100 million into the project, so that's -- we want to make sure whatever we do here, it's not something that come back and another suit, and we stay another 10 or 15 years waiting to take care of it, but I'll be here. City of Miami Page 122 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Chair Hardemon: I mean, that's -- part of -- I'll give you -- be honest with you. When it comes down to taking a vote on something, you want to have the best information as possible, and that's what makes me uncomfortable about it. So, you know, the way that our system of government is made up is that if we're up here, we're supposed to vote. But many times you'll see me ask, Is there any further discussion or is there any unreadiness?" And to me, that's that unreadiness. I don't know if I'm educated enough to give a decision about this, because I believe the last time this came up, it was said that construction had begun, because there were some sub -- soil work that had been initiated, and as I understand, completed now. So, you know, I'm not -- I can tell you that I don't know -- I know I'm not educated enough to make a decision. What's going to happen, as what always happens, is one person's going to say, "We've started it. We've done this. We're in compliance." Or, "Yes, we didn't do this by that time, but we have a certain amount of days to cure it, and so, thus, we're still within our rights, and you can't take away this right from us." And so, you know, that's my unreadiness with everything, and that's what makes me kind of unsettled about how we move forward. Vice Chair Russell: Is Commissioner Suarez still around? Chair Hardemon: I'm sure he's around somewhere. Vice Chair Russell: Because I can see by his book that's very well tabulated, I believe he has done some research and studying on this issue. If he wouldn't have the readiness to move forward with a motion, though, I'd he inclined to table this, and direct the -- an agenda item for the next Commission meeting, but not as a discussion item; 1 would be bringing a motion. Commissioner Gort: That would be my suggestion. Vice Chair Russell: All right. Commissioner Gort: It gives a chance to everyone to look at it, look all the numbers, and make sure we're doing according to the law so we don't have any further problems. Vice Chair Russell: Understood. So that'll be the plan. We will not have the discussion item today at 5:30; apologies to anyone who's on their way. Chair Hardemon: You'll catch them in traffic. Vice Chair Russell: But I will be bringing a motion, as stated in my statement, which will also be copied for the record and placed with that item in the backup. Chair Hardemon: Okay. City of Miami Page 123 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 NA.2 2338 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 MAY 25, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF AIRBNB, INC., ET AL. V. CITY OF MIAMI, CASE NO. 2017-008999 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 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. 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. rRESULT: DISCUSSED Todd B. Hannon (City Clerk): Madam City Attorney, did you need to read a statement regarding --? Chair Hardemon: Yeah, Madam Citv Attorney, you can read a couple of things into the record. Victoria Mendez (City Attorney): As you -- Chair Hardemon: And then, after she finish speaking, the meeting will be adjourned. Ms. Mendez: Thank you. 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 May 25, 2017, an attorney -client session, closed to the public, be held for purposes of discussing the pending litigation in the case of Airbnb, et al. versus City of Miami, Case Number 20-17008999 CA-01, 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 City of Miami Page 124 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 NA.3 2337 Office of the City Clerk settlement negotiations or strategy discussions. This private meeting will take place at approximately' 3 o'clock, or 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 Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; myself, the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Chris Green. 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. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8) FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MAY 25, 2017 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE 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, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY DISCUSSIONS. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 3:00 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 THE LAND USE/TRANSACTIONAL DIVISION 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 City of Miami Page 125 Printed on 6/21/2017 City Commission Meeting Minutes May 11, 2017 Victoria Mendez (City Attorney): Mr. Chairman and members of the Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of May 25, 2017, an attorney -client session, closed to the public, be held for purpose of discussing the pending litigation in the case of 1000 Brickell, Ltd, formerly known as 1000 Brickell, Inc., and Kai 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 private meeting will begin at approximately 3p.m., or 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 Keon Hardemon, Vice Chairman Ken Russell, Commissioners Wifredo Gort, Frank Carollo, and Francis Suarez; the City Manager, Daniel Alfonso; the City Attorney, Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief for General Litigation Christopher Green; and Division Chief for 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 at 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. ADJOURNMENT The meeting adjourned at 4: 26 p.m. City of Miami Page 126 Printed on 6/21/2017